General Terms and Conditions (GTC) of Mik Matter Photography

The aim of these GTC is to ensure a fair balance of interests between the photographer and the client.

1. General Provisions

The General Terms and Conditions (hereafter referred to as GTC) apply to all offers, contracts, orders, and services of Mik Matter. By placing an order, booking a service, or making a reservation, the GTC are considered read and accepted. Offers provided by Mik Matter are valid for 30 days.

1.1. Production Contract

Mik Matter commits to executing the order with care. They may subcontract parts of the service to third parties. For the execution of photographic work, they may involve assistants, makeup artists, or stylists at their discretion. Unless the client provides specific written instructions, Mik Matter is free in how the assignment is carried out.

1.2. Selection / Delivery of Photos / Deadlines

The selection and editing of photos after the shoot will be completed within 14 days by Mik Matter and made available to the client for review via download. Raw files will not be provided to the client.

1.3. Refreshments and Breaks

For bookings of 5 hours or more (e.g., for events), Mik Matter must be provided with refreshments and beverages, as well as appropriate breaks.

2. Booking

A job is considered booked once the proposed date is confirmed in writing. For larger projects, a formal contract may be drawn up.

3. Cancellation and Rescheduling

3.1. Cancellation of Photo Session

After date confirmation, up to 14 days before the session: a fee of CHF 200. If third parties (such as stylists) are involved, this fee also applies to them. After that: 50% of the booked service fee. No cancellation, no-show, or short-notice cancellation on the day of the shoot: 100% of the booked service fee. Delays of more than 30 minutes without notification are considered a no-show and will be invoiced. Cancellations must be made by phone or email.

3.2. Rescheduling the Photo Session

Up to 48 hours before the session: a CHF 150 fee (applies to third parties, such as stylists). The fee only applies if a new date is confirmed. Otherwise, it is considered a cancellation. The costs reflect the lost revenue from the blocked date. The same conditions as in 3.1 apply to rescheduling due to illness.

4. Force Majeure

In case of force majeure (e.g., accident, illness), Mik Matter cannot be held liable, and no compensation can be claimed. They will make every effort to find a replacement photographer. If delivery delays occur due to force majeure, Mik Matter is not legally liable, and there is no entitlement to a refund.

5. Fees and Payment Terms

All offers from Mik Matter are non-binding. Prices are in Swiss Francs (CHF), and Mik Matter is not subject to VAT. Invoices are sent via email after the photo session and are payable within 10 days. Late payments will incur reminder fees of CHF 5 for the first reminder and CHF 10 for the second reminder. An interest charge of 5% per month will also apply for late payments.

6. Vouchers

Vouchers issued by Mik Matter are based on the current price list.

7. Artistic Freedom

The client acknowledges that the photos and their editing are subject to the artistic freedom of Mik Matter. Complaints about the artistic style or selection of images are excluded. Any desired changes must be agreed upon separately and are subject to additional fees.

8. Complaints and Data Storage

The client must check the delivered products and services immediately upon receipt. Any defects or complaints regarding the content, quality, or condition of the images must be reported in writing within 7 days. Mik Matter will securely store the raw data and delivered products for one year. After this period, the client is solely responsible for the proper storage of the data.

9. Image Rights

The copyright of all photographs taken by Mik Matter remains with them. Clients (private individuals) receive usage rights for personal purposes, but not for commercial purposes unless otherwise agreed. Commercial clients receive a license for the agreed period and purpose. Mik Matter reserves the right to use the images for self-promotion unless otherwise agreed.

10. References

Mik Matter reserves the right to reference the client and use the photographs for promotional purposes (e.g., website, flyers).

11. Data Protection

Mik Matter is committed to only publishing photographs with the consent of the person depicted. The client is responsible for obtaining the consent of individuals photographed at events. Personal data is only used for handling the photo session and will not be shared with third parties.

12. Final Provisions

Contracts with Mik Matter are subject to Swiss law. Amendments to these GTC must be made in writing. The place of jurisdiction is Bern. These GTC are valid as of January 1, 2024.