Terms and Conditions
AGB Meryl Gashi Photography
1. Services of the Photographer/Videographer and Deliverables: 1.1 Photo and/or video documentation during the event as contractually agreed (Online Contract Creative Management). 1.2 All images selected by the photographer will be edited (contrast, lighting, color tone, usually no retouching). The image design and artistic-technical composition as well as the photographer’s own selection of images remain reserved by the photographer. There is no guaranteed minimum number of images provided to the client at the end. Regardless, the clients respect the artistic freedom and individual style of the photographer. Clients are aware that the work is always influenced by this style. Complaints regarding this are excluded. 1.3 Subsequent change requests require a separate agreement and are subject to additional charges. 1.4 Image files are generally delivered within 90 days after the event (wedding). During periods of high demand, especially in the high season (July–September), processing time may extend up to 3 months. Video files are usually delivered within 1–2 months; in the high season, processing may take up to 6 months. For photo shoots, images are generally delivered within 3 weeks. 1.5 Photo and video files are provided via a personalized and secure download link. This link can be shared with guests. 1.6 Additionally, the web gallery includes a slideshow of all image files with music of choice. Images are delivered in highest resolution as well as web size (starting from the 8-hour package). 1.7 The photographer/videographer secures all image and video files immediately after the event. However, loss due to technical failure may occur. The photographer/videographer cannot be held liable for this. The photographer/videographer backs up all image and video files on at least one separate storage medium immediately after the event. Nevertheless, technical defects or data loss can never be fully excluded. In such cases, no liability is assumed. 1.8 For 8 hours or more of photographer presence, the client will receive a wooden box at the end of the year as a keepsake with 10 printed photos of choice. 1.9 If the photographer is commissioned to create an album, a print proof will be sent to the client. By written confirmation, the client accepts the proof as the final version and commits to purchase. Subsequent complaints are excluded or will incur additional costs and a reorder. 1.10 If the photographer and/or videographer is unable to attend on the day due to illness, a replacement will be arranged as soon as possible, providing equivalent services at the same or lower price. This cannot be guaranteed. If the event does not take place, the full amount will be refunded. 1.11 If the client cancels the event, there is no entitlement to refund of the 50% booking fee except in cases of death or serious illness of a party listed in this contract. 1.12 If the event or shoot must be postponed due to force majeure, such as natural disasters (earthquake, severe weather, etc.) or a pandemic (e.g., Covid-19), the date can be adjusted by agreement. However, there is no guarantee that the photographer/videographer will be available on the new date. All available dates will be communicated in advance. 1.13 If the event cannot take place due to Covid-19 or the new date is unknown, the client will receive the booking amount as a voucher valid for 3 years from the issue date. A refund is excluded in all cases. 1.14 If the assignment exceeds the agreed time, the photographer and videographer are entitled to charge CHF 565.- per hour for the actual additional time incurred. 1.15 Loss and storage of photo files: (1) The client is obliged to download and secure the provided photo/video files independently within 14 days of delivery. (2) After this period, the photographer/videographer assumes no liability for loss of files and is not obliged to provide them again. (3) Re-sending files after the 14-day period is only possible if the files are still available. In this case, a reasonable processing fee may be charged for re-sending. 1.16 Selection and distribution of shots at events: (1) The photographer endeavors to create as comprehensive and varied photographic documentation as possible during the event. (2) However, there is no entitlement that all attendees appear with the same frequency or in specific constellations in the images. The selection of subjects, perspectives, and composition is at the photographer’s artistic discretion. (3) Complaints or subsequent requests for an even distribution of depicted persons are excluded.
2. Usage and Copyrights of Photographic and Videographic Works: 2.1 The photographer and videographer hold the copyrights to the images and works they have created, according to copyright law. 2.2 Unless otherwise agreed, the clients receive a simple, non-transferable right of use for the photographic and videographic works created by the photographer and/or videographer for personal, non-commercial use. This right includes reproduction and distribution for non-commercial purposes. 2.3 Any commercial use of the images and works requires prior and explicit consent from the photographer/videographer. The same applies to any editing, retouching, alteration, or transformation of the images and works, including photo compositing, montages, or other manipulations. 2.4 The transfer of usage rights and the entire image and video material generally takes place only after full payment of the agreed fee. 2.5 There is no entitlement to the handover of original files, negatives, or other raw files unless expressly and in writing agreed in advance between the parties. Only edited images/videos are delivered.
3. Rights to One's Own Image / Granting of Publication Rights 3.1 For the photographer and/or videographer, it is important to publish images and videos from shoots and weddings to demonstrate the quality of their work to other clients. There is an option for exclusive private use of the photo/video material for a fee of CHF 650.00. A publication ban must be communicated to the photographer prior to the event or shoot. Otherwise, it is assumed that publication is permitted. If the decision to prohibit publication is made after the wedding, a fee of CHF 1000.00 will be charged. 3.2 The photographer and/or videographer waives the right to be credited with a watermark. If the client gives instructions regarding persons, locations, or objects to be photographed, it is the client's responsibility to ensure that the depiction of these persons, locations, or objects is permissible and does not violate third-party rights. The client obtains the necessary rights from affected third parties.
4. Client’s Responsibilities 4.1 In return for the photographic and/or videographic services provided by the photographer and/or videographer, a total fee is agreed upon. This fee includes all ancillary services, travel expenses, costs, outlays, and the transfer of usage rights for the provided images (see separate offer). 4.2 The client pays a 50% deposit of the total fee to the photographer within seven days of contract signing as a “booking fee.” The remaining balance is to be paid to the photographer at least 24 hours before the event begins. 4.3 If the assignment is to be carried out within the next 30 days, the booking fee is due immediately within three days. 4.4 Once a deposit has been paid, the photographer and/or videographer is obligated to reserve the date for the client. Please transfer the deposit to the following account: Meryl Gashi Photography, Kirchgasse 2, 5000 Aarau, UBS Aarau, CH09 0023 1231 1669 0801 P, UBSWCHZH80A. 4.5 For photographer/videographer presence exceeding 8 hours, a warm meal is expected. If this is not possible, a flat fee of CHF 250.00 will be charged for additional catering costs. 4.6 Client’s cooperation duties regarding weddings: (1) The client ensures that the photographer has unrestricted access to the agreed locations and can work without disturbance. (2) The client informs the photographer in a timely manner about the schedule, special requests, and important moments of the wedding. (3) The photographer is not liable for missed moments that were not captured due to insufficient information or circumstances beyond their control.
5. Miscellaneous 5.1 Amendments and additions to this agreement are only valid if made in writing, either by email or directly in the online contract. This contract is subject to Swiss law. The place of jurisdiction is the client’s place of residence. 5.2 The basis of this contract is the online contract from Meryl Gashi Photography, as well as any additional written amendments exchanged between the contracting parties prior to the start of the event.
6. Severability Clause If any provision of these Terms and Conditions is or becomes invalid, the remaining provisions shall remain unaffected. The invalid provision shall be deemed replaced by a valid provision that comes as close as possible to the intended economic purpose of the invalid provision. The same applies to any gaps in the regulations.
7. Applicable Law and Jurisdiction These Terms and Conditions and the legal relationship between the provider and the client are subject to Swiss law. The competent court at the provider’s registered office shall have jurisdiction over all disputes between the provider and the client.
Version: January 2025
Meryl Gashi, 09.01.2025
Photbooth Pro
1. General These Terms and Conditions (AGB) apply to all services and products provided, rented, and delivered by Meryl Gashi Photography (hereinafter referred to as “Provider”) to the client or renter. In particular, the provider offers the rental of photo booths. The Terms and Conditions are an integral part of every contract awarded to the provider. Deviating conditions are only valid if agreed upon in writing.
2. Rental Object The rental object is a Fotobox Pro. The rental includes the photo booth itself as well as its accessories and services provided by Meryl Gashi Photography.
3. Conclusion of Contract The contract becomes legally binding for the client upon their signature, as well as through the transmission of an electronic message (in particular email or SMS) or via telephone communication.
4. Prices The stated prices are in Swiss Francs (CHF) excluding VAT. The applicable prices are those valid on the day of the order according to the provider’s price list. Insurance for the photo booth is not included in the price and is the responsibility of the renter.
5. Cancellation Clients may cancel the contract within 10 days of booking. To exercise this right, the client must notify the provider in writing by post or email. If payment has already been made, the money will be refunded. For administrative efforts already incurred in preparing the rental agreement and order, an administration fee of CHF 50.– will be charged. After the 10-day period, the following cancellation fees apply: CHF 85 up to 3 months before the event, CHF 150 up to 1 month before the event, 50% of the total price up to 14 days before the event, 75% up to 7 days before the event, and 100% thereafter. If the renter must cancel the contract due to force majeure, the normal cancellation conditions of Hello-Fotobox apply. Force majeure includes natural disasters, war events, strikes, pandemics and epidemics, as well as official interventions.
6. Deliveries Deliveries are made exclusively within Switzerland by Meryl Gashi Photography or a partner. After handing over the rental equipment to the renter, we are free from any responsibility for possible damages or losses.
7. Retention of Title The rental object remains the property of Meryl Gashi Photography. Insurance of the rental items is in any case the responsibility of the renter.
8. Services of the Provider The provider performs services with the utmost care and diligence. The provider reserves the right at any time to change the type, scope, price, terms, and channels of the services provided and to withhold services entirely in case of late payment or other breaches of duty. After consultation with the client, the provider will set up the rental equipment and put it into operation. If the client wishes to operate the equipment themselves, the provider will provide instructions accordingly. The provider is available by phone as much as possible during the rental period and supports the client with any questions.
