Terms of Service

1. Scope and Applicability

1.1 These General Terms and Conditions ("T&C") govern the conclusion, content, and execution of contracts between LaMarlen by Laura Gutknecht ("Photographer") and the natural or legal person who commissions the Photographer for photographic work ("Client"), including the rights to the results of the photographic work performed by the Photographer for the Client, particularly the photographs (collectively, the "Photographic Works").

1.2 The T&C form an integral part of all offers and contracts between the Photographer and the Client. Side agreements, changes, or additions to the T&C shall only be valid with written confirmation from the Photographer. The Client's general terms and conditions are not binding on the Photographer, even if they are not explicitly rejected or if the Client states that they will only commission the Photographer under their own terms.

2. Principles of Service Provision

2.1 The Photographer will carry out the photographic work on the day or within the period agreed upon with the Client. Date changes by the Client must be communicated to the Photographer immediately, whereby the Photographer is only obligated to accept substitute dates if availability permits. For date changes or cancellations made five days or less before the agreed date, the Photographer is entitled to full reimbursement of already incurred costs and, if no substitute date is agreed upon or can be arranged, a compensation fee of 10% of the agreed fee.

2.2 If the photographic work is not to be conducted at a location freely chosen by the Photographer, the Client is solely responsible for the Photographer's access and the availability or timely provision of the location and its equipment on the agreed date. The same applies to the presence of persons to be photographed as part of the photographic work.

2.3 If specific individuals, objects, buildings, locations, or other elements are to be the subject of the photographic work, the Client is solely responsible for obtaining the necessary permissions for their inclusion and for the use of the Photographic Works featuring them. The Client shall indemnify the Photographer against any third-party claims arising from the absence of such permissions.

2.4 Unless otherwise agreed, the artistic and technical design of the photographic work (including choice of creative elements, composition, lighting, editing, etc.) is solely at the Photographer’s discretion.

2.5 The Photographer is free to engage assistants for the execution of the photographic work.

3. Delivery of Photographic Works

3.1 Unless otherwise agreed, the Photographic Works will be delivered in JPG format with a minimum resolution of 300 dpi.

3.2 Delivery will be made via a standard storage medium or via the website lamarlenvisuals.com within 50 days after the completion of the photographic work. Risk and ownership of the image material pass to the Client upon dispatch or personal handover.

3.3 The Client must inspect the received Photographic Works immediately upon receipt. Complaints must be made in writing within 2 days of receipt; otherwise, the delivered image material is deemed to have been accepted without reservation.

4. Rights to the Photographic Works

4.1 Unless otherwise agreed, all copyright and intellectual property rights to the Photographic Works remain with the Photographer.

4.2 Upon payment of the agreed fee, the Client receives a personal, non-transferable, and unlimited right to use the Photographic Works for the agreed purpose. If no specific purpose has been agreed upon in writing, usage is limited to private, non-commercial purposes.

4.3 Photographic Works may only be published on websites or social media platforms (such as Facebook, Pinterest, Instagram, etc.), even for private use, with proper attribution in the form of a reference to the Photographer’s social media accounts (as a tag in comments for social media or a credit at the end of posts on websites).

4.4 Any exclusivity of usage rights must be separately agreed upon. If exclusivity or copyrights are transferred to the Client, the Photographer retains the right to use the Photographic Works for her own purposes, including on her website, social media accounts, workbooks, portfolios, exhibitions, etc.

4.5 Modification or other alteration of the Photographic Works is only permitted with the Photographer’s written consent.

4.6 The Photographer may publish the Client’s name as a reference.

5. Fees

5.1 The agreed fee is exclusive of any applicable VAT.

5.2 The Photographer has the right to request a deposit of 10% of the agreed fee upon acceptance of the commission. The remaining balance is invoiced upon completion of the work and must be paid within 30 days of receipt.

6. Liability

The Photographer shall only be liable for intent and gross negligence, including defects in the Photographic Works. This limitation of liability also applies to actions or omissions of her assistants. Any further liability is excluded.

7. Miscellaneous Provisions

7.1 The place of performance is the Photographer’s business location.

7.2 These T&C and the entire contractual relationship between the Client and the Photographer are subject to Swiss law.

7.3 The exclusive place of jurisdiction is the Photographer’s business location.