Please Read Below the General Terms & Conditions + the Additional Policies for Your Type of Session

General Terms & Conditions for Full Photo Sessions and Mini Sessions

The acceptance of the booking is based on agreement by the client of the terms and conditions stated herein.

Definitions

"Photographic Work", "Photos" and "Images": the result of work performed by the photographer for the client in accordance with the agreement reached between the parties.

Client: the person who commissions the photographic work from the photographer.

Photographer: the person commissioned with the creation of the photographic work.

Parties: Photographer and client.

Exclusivity

It is understood that Nina Burkhardt Photography (herein the "Photographer") is the exclusive, official photographer retained to perform the photographic work requested on this agreement, and that there will be no other photographer (amateur or professional) performing during the agreed photo session.

Creation of the Photographic Work

Unless otherwise agreed in writing between the parties , the creation and presentation of the photos are at the discretion of the photographer. The photos will be composed, taken, and edited according to the photographer's experience and artistic vision. The photographer and/or her agents may appoint auxiliary staff of her choice to carry out the photographic work.

Photographic Work Price

The Price covers the photographer’s time, know-how, equipment, editing (as determined by the photographer), and any items specified in the photography package purchased by the client. Editing/retouching work is based on photographer's artistic style and it includes color adjustments and discreet removal of minor temporary skin blemishes and small distractions at the discretion of the photographer. Advanced edits such as body slimming, composites, outfit adjustments, and other services are subject to additional fees (price quote upon request).

The Client acknowledges and agrees that the photographic work supplied by the photographer constitute copyright material within the meaning of the URG (Swiss federal law on Copyright of 9 October 1992). The photographer retains the copyright of all images taken under this agreement.

Use of Photographs by the Photographer

The Photographer reserves the right to use the images created under this agreement for the photographer's business portfolio, marketing campaigns, social media, contests, exhibitions, editorial, commercial and educational purposes, without client's inspection or approval, and without royalties or any form of compensation to the client. These terms extend to all languages, media, formats and markets now known or hereafter devised.

Use of Photographs by Client

With delivery and payment of the works, the Client acquires a license for use of the photos and may share, post, print and display the photos for personal purposes. The Client may not use the images for profit or commercial endeavors, and shall have no entitlement to transfer the right to use the Photos to a third party unless previously agreed in writing with the Photographer.

Third Party Rights

If the client has indicated that the photographer must photograph particular persons when performing the photographic work, the client must ensure that these persons have granted their consent to be photographed and to the subsequent usage of the photos in line with this agreement. If the client has provided the photographer with objects and/or equipment or indicated specific locations to the photographer that are to be photographed as part of the photographic work, the client shall ensure that no third party rights preclude the creation of the photographic work or its subsequent usage in line with this agreement. By signing this agreement, the client warrants that he or she has actual authority to agree to the use of the likeness of all persons, properties and locations included in the photographic work, and shall indemnify and defend the Photographer in the event of litigation arising out of such use. In case of dispute, the client bears the court costs and assumes all claims for damages against the photographer by third parties who (in accordance with this paragraph) have authorized the client to the use of the photographic images in line with this agreement.

Digital and Printed Images: Delivery, Damage and Archive Policy

Only images that are qualified according to the photographer's professional standards and to the purchased package will be edited and place in the Client's photo gallery. Unedited or RAW images are not provided to the client - no exceptions. Following digital delivery, the digital gallery will be open for 30 days for selection and download of the purchased photos, and will then expire and close.

The client assumes all responsibility for the downloading, storage and safety of all images upon receipt. The Photographer is not responsible for storing the Client's digital images after the expiration of the online gallery, and is not responsible for damage or loss of images or prints after delivery to the client.

The photographer is not responsible to keep and store Client's images after the gallery expires, and is not responsible if the client does not download the images within 30-day time window. Requests to restore a gallery after its expiration will incur a CHF 50 restoring service charge (that is IF the images are still available in the Photographer's archives)

Image Viewing & Printing

All images produced by the photographer are edited with color calibrated monitors to meet printing standards, thus color changes may occur when images are viewed on non-calibrated monitors. Also, please note that, in order for printed images to meet the quality of the original digital files, they must be printed by highly-professional labs (home printers, printing kiosks and low quality labs do not usually provide high-quality prints). The client retains the right to print images through the photographer or through a vendor of their choosing. The photographer is not responsible for the quality of prints not ordered through the photographer's lab.

Customer Satisfaction, Re-shoots / Refunds Policy

Digital Images:

Due to the nature of digital images / products, if client is not satisfied with the images, client shall not perform download of the digital images under any circumstance. If client downloads the digital images it means that the images are approved and that the client is satisfied with the quality of the photographic work.

Provided Client did not download the images, Client objections or complaints concerning the delivered images are to be communicated within 7 days of delivery and before any download takes place. Passed the 7 days, the printed products are considered as approved.

Re-shoots and refunds are determined at the discretion of the photographer and will not be given for poor choices of clothing, make-up, hair, body shape, tardiness, or by client not following the photographer’s recommendations.

Taking screenshots of images that have not been purchased is not allowed. In the case this takes place Client must pay for the images.

Printed Images / Products:

Client objections or complaints concerning the delivered printed products are to be communicated within 7 days of delivery. Passed the 7 days, the printed products are considered as approved.

Failure to Perform and Limitation of Liability

If the Photographer is unable to perform this agreement due to inclement weather, illness, emergency, fire, casualty, strike, act of God or any causes beyond the control of the Photographer, the Photographer and Client shall make every attempt to reschedule the session. If a reschedule is unable to be agreed upon, Photographer shall return the payment for the services not rendered to the client and shall have no further liability.

This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera or media malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of the Photographer. The photographer's liability will be limited to re-shoot the session whenever possible or refund the photo session payment if a re-shoot cannot take place. If the session payment must be refunded, the photographer will have no further obligation to the client.

The client agrees that the photographer is not responsible for any injuries and/or damages inflicted upon any participating parties or property during the photo session. The client will be responsible for themselves and all third parties and properties that the client includes in the photo session.

Indemnification

Client releases, discharges, and agrees to hold harmless photographer and photographer’s representatives, licensees, assignees and heirs from any and all liabilities, petitions and causes of action that may occur or be produced in the taking, processing, and publication of the photographs. Client agrees to hold harmless the photographer, her licensees, assignees and heirs for any unauthorized use of the photographs by third parties. All terms of this release shall be binding upon client and client's heirs, legal representatives, and assigns.

Applicable Law and Jurisdiction

This agreement incorporates the entire understanding of the parties. Any modifications of this agreement must be agreed in writing by both parties. All agreements between the client and the photographer shall be governed exclusively by Swiss law. Exclusive jurisdiction shall lie at the place of business of the photographer.

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Full Photo Session Additional Policies

Payment Schedule

At Booking: Retainer Fee in order to reserve the date. This retainer fee is non-refundable and will be applied towards the balance of the session.
7 Days before the Session: Remaining balance.

No part of any service or order will take place until all due balances have been paid.

Rescheduling

Rescheduling requests will be honored at the discretion of the photographer and, if approved, the retainer will be applied to the Client’s a new session date. Sessions may be rescheduled one time without penalty. Further rescheduled sessions will incur loss of the retainer fee.

Tardiness

Client understands and agrees that, since the photo shooting is being done with natural light, and that tardiness may compromise the quality and quantity of photos delivered, therefore the photo shoot should start at the agreed upon time. It is strongly encouraged that the client arrives 10 minutes prior to the start of the session.

The photographer reserves the right to postpone a session should client's tardiness compromise the quality of the work.

In this case, a CHF 100 rescheduling fee will apply.

No-show

If client No-shows (does not show up to the session without advising the photographer in writing before the session), client will lose the full photo session fee. This amount will not be applied towards any future session.

Cancellation

If Client decides to cancel the session entirely, cancellation fees will apply as follows:

Cancellation notice 7 or more days before session date incur loss of the retainer retainer fee.

Cancellation notice 6 or less days before session date: 50% fee of the total balance will apply

Please inform photographer of any cancellation as soon as possible.

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Mini-Sessions Additional Policies

The acceptance of the booking is based on agreement by the client of the terms and conditions stated herein.

Payment Schedule

At Booking: Full Mini-Session Balance (no part of any service or order will take place until all due balances have been paid).

Rescheduling Policy

Due to the nature of the Mini-session, rescheduling by client is not possible, but client can transfer the credit to another party, or to a future mini-session offer, or apply it towards to a full photo-session.

Cancellation Policy

No refunds will be given for cancellations, but client can transfer the credit to another party, or to a future mini-session offer, or apply it towards to a full photo-session.

Tardiness

The Photo shoot must start at the agreed upon time. It is strongly encouraged that the client arrives 10 minutes prior to the start of mini-session. Clients that arrive late will have the amount of time deducted from the time allotted for the session.

No-show

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Model Call Terms & Conditions (this applies to non-paid model calls only!)

TFP Agreement

TFP is a commonly used abbreviation within the photography industry that describes an agreement between the photographer and his/her subject (herein described as Model) and implies that there will be no monetary exchange for a photo session when a TFP contract is entered into. The abbreviation stands for Time For Photos.

This document constitutes a binding exchange agreement between the Model named above and Nina Burkhardt (hereafter "Photographer"), regulating the photo session and derivative works based thereupon (hereafter the "Photographs") taken by Photographer of the Model on the photo session dated above (or any additional agreed upon date - in case this photo session needs to be transferred) for all lawful purposes, subject to the terms and conditions described below:

Model agrees to provide around 1 hour of modelling time and a signed model release to the Photographer. In exchange, the Photographer will provide the Model with portraits photographs as follows:

10 edited high-resolution digital jpeg photographs per photoshoot, available for download in a private gallery.
Delivery shall take place in a timely manner, no longer than 4 weeks after the photo session date.

Model understands that this photo session is for the Photographer’s business and /or portfolio use and shall meet Photographer’s artistic style. Photographer is under no obligation to abide by Model’s location or posing style requests, nor any other requests made by the Model. Model agrees that the Photographs delivered to Model are at the discretion of the Photographer. Photographer delivers only Photographs that have been qualified and adjusted to the Photographer’s professional standard (no Raw files will be delivered).

If, in the opinion of the Photographer, inclement weather, adverse or any other unforeseen circumstances that prevent the creation of a photo session within the standards of the photographer happen, the Photographer may elect to use an alternate date or location agreed upon by both parties.

Re-shoots are determined at the discretion of the photographer. Re-shoots will not be given for poor choices of clothing, make-up, hair, or by Model not following the recommendations of the photographer.

Photographer is not responsible for any injuries inflicted upon any participating parties / property. Model releases the photographer from any claims against the Photographer's person or business. In the unlikely event of a total photographic failure or cancellation of this contract by either party or in any other circumstance, the liability of one party to the other shall be limited to the deliverables of this contract without any financial consequence. Neither party shall be liable for indirect or consequential loss.

Model Release for Model Calls

Model authorizes photographer to take photographs of model and model's party in connection with the agreed upon Model Call. Models grants to the Photographer, her representatives, licensees, assignees, and heirs irrevocable, perpetual and unrestricted right and permission to edit, alter, copy, exhibit, publish, distribute and make use of these Photographs, for any lawful purposes including, but not restricted to: portfolio, marketing, ads, contests, exhibitions, editorial, and/or commercial, in any legal manner and in any media now or hereafter known, without my inspection or approval, and without royalties or any form of compensation.

Model agrees that the Photographs, the copyrights, moral, intellectual and all other rights in the Photographs or copies or reproductions thereof are the sole property of the Photographer. These terms extend to all languages, media, formats and markets now known or hereafter devised.

Model releases, discharges, and agrees to hold harmless Photographer and Photographer’s representatives, licensees, assignees and heirs from any and all liabilities, petitions and causes of action that may occur or be produced in the taking, processing, and publication of the Photographs. Since Model understands that anyone can download an image from the Internet, make copies from printed materials, and /or make unauthorized use of Photographs, Model also agrees to hold harmless the Photographer, her representatives, licensees, assignees and heirs for any unauthorized use of the Photographs by third parties. All terms of this Model release shall be binding upon Model and Model's heirs, legal representatives, and assignees.

Gift Voucher Terms & Conditions

One gift certificate per photo session.
Photo Session scheduling subject to photographer availability.
Gift certificates are non-refundable and cannot be exchanged/redeemed for cash in part or full.
Non-transferable.
Resale is prohibited.
Not redeemable to purchase gift certificates.
No credit or change will be given on the unused portion of the gift certificates.
No replacement for lost or stolen gift certificates.
All other Nina Burkhardt Photography General Terms & Conditions will apply.
The terms and conditions of gift vouchers shall be amended at any time at the discretion of Nina Burkhardt Photography and shall be binding on the client.

Use of Photograps

Model Call T & C

Gift Voucher T & C