I. Definitions

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1. Photographic work: The term “photographic work” refers to the result of work performed by the photographer for the customer in accordance with the agreement between the parties.

2. Photographer: The “photographer” is the person commissioned to perform the photographic work.

3. Client: The “client” is the person who commissions the photographic work from the photographer.

4. Parties: The “parties” are the photographer and the client.

5. Copy of the photographic work / copy: Any reproduction of the photographic work in analog or digital form on a data carrier, in particular on paper, slides, CD-ROMs, USB sticks, computer hard drives, is considered a “copy of the photographic work” or a “copy.”

 

II. Performance of the photographic work

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1. Subject to written specifications provided by the customer, the design of the photographic work shall be left entirely to the discretion of the photographer. In particular, the photographer shall have sole decision-making authority over technical and artistic design elements such as lighting and image composition.

2. The photographer may employ assistants of his choice to carry out the photographic work.

3. The cameras and materials as well as other equipment necessary for the photographic work shall be provided by the photographer.

4. Unless otherwise agreed in writing, the customer is responsible for ensuring that the locations, objects, and persons necessary for the photographic work are available in good time.

5. The rule in Section II.5 also applies if a photo shoot is postponed to a later date less than two days before the start of the photo shoot due to unfavorable weather conditions.

6. Erfüllungsort ist der Geschäftssitz des Fotografen. Falls der Kunde den Fotografen bittet, ihm die geleistete fotografische Arbeit, oder Exemplare dieser Arbeit zuzusenden, gehen die Risiken des Transports auf den Kunden über.

7. Das zwischen den Parteien vereinbarte Honorar ist  nach dem Fototermin (spätestens nach 7 Tagen )zu bezahlen/überweisen. Sobald der zu zahlende Betrag überwiesen wurde bekommt der Kunde die Bilder zugesendet. 

8. Wird der zuzahlende Betrag nicht wie in Nr.7 genannt beglichen, fallen nach der dritten Erinnerung Mahngebüren an.

8. Termine die nicht eingehalten werden können, müssen mindestens 2 Werktage vorher abgesagt werden, ansonsten muss die hälfte des zu zahlenden Betrages bezahlt werden. 

 

III. Liability of the photographer

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1. The photographer shall only be liable, including for defects, for intentional and grossly negligent conduct. The limitation of liability also applies to the conduct of his employees and auxiliary persons.

2. The customer must submit their complaint in writing within six working days of the delivery date of the work, otherwise the photographic work shall be deemed approved and no further claims can be made.

3. The photographer accepts no liability for legal reactions to materials provided (clothing/hats, etc.).

4. Sarah Budde Photography accepts no liability for mermaid, newborn, or unicorn shoots! 

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IV. Use of the photographic work by the photographer

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1. The photographer retains the right to publish the photographic work in any form and on any medium (in particular on the Internet), to make it available to third parties, to grant third parties an exclusive or non-exclusive license to use the photographic work, or to hand over copies of the photographic work to third parties. However, this right of the photographer is subject to the prior consent of the customer. The customer undertakes not to refuse their consent without good cause; customers who do not expressly refuse or restrict their consent in writing within thirty days of the photographer's request for approval shall be deemed to have agreed to the respective use.

       1.In the event that the photographer uses the photographic work within the meaning of the preceding paragraph, the photographer must               ensure that the intended use does not infringe any third-party rights to the depiction of persons, goods, or locations.

 

V. References

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The photographer has the right to refer to the collaboration with the customer and the photographic work created for them, particularly in publications (internet, printed matter), at exhibitions, and in discussions with potential customers.

 

VI. Applicable law and place of jurisdiction

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1. Swiss law applies exclusively to contracts between the customer and the photographer.

2. The exclusive place of jurisdiction is the photographer's place of business.

 

Sarah Budde
Photographer
Sarah Budde Photography

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Disclaimer

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- The author accepts no responsibility for the correctness, accuracy, timeliness, reliability, or completeness of the information provided.

 

- Liability claims against the author for damages of any kind, whether material or immaterial, arising from access to or use of or inability to use the published information, misuse of the connection, or technical faults are excluded.

 

- All offers are non-binding. The author expressly reserves the right to change, supplement, delete parts of the pages or the entire offer without prior notice or to discontinue publication temporarily or permanently.

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Liability for links

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References and links to third-party websites are outside our area of responsibility. We accept no responsibility for such websites. Access to and use of such websites is at the user's own risk.

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Copyright

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The copyright and all other rights to content, images, photos, or other files on the website belong exclusively to Sarah Budde Photography or the specifically named rights holders. The written consent of the copyright holder must be obtained in advance for the reproduction of any elements.

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Privacy Policy

 

Based on Article 13 of the Swiss Federal Constitution and the federal data protection provisions (Data Protection Act, DSG), every person has the right to privacy and protection from misuse of their personal data. We comply with these provisions. Personal data is treated as strictly confidential and is neither sold nor passed on to third parties. In close cooperation with our hosting providers, we strive to protect the databases as best as possible against unauthorized access, loss, misuse, or falsification.

When you access our websites, the following data is stored in log files: IP address, date, time, browser request, and general information transmitted about the operating system or browser. This usage data forms the basis for statistical, anonymous evaluations, so that trends can be identified, which we can use to improve our offerings accordingly.

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