GENERAL TERMS
A. SCOPE OF APPLICATION
A.1 These general terms (GT) govern the contractual relationships between Eva Roggenstein and her clients.
A.2 By concluding a contract with Eva Roggenstein, either electronically or in writing, the signatory of the order form or the client certifies that they have fully read, understood, and unconditionally accepted these GCT. The GT are considered fully understood and accepted upon receipt of the countersigned quote by the client (in writing or electronically).
A.3 These GT apply to all contractual relationships between Eva Roggenstein and her clients. They also apply to mandates carried out by third parties acting on behalf of Eva Roggenstein (employee, subcontractor, agent, etc.). Specific conditions and/or agreements, which must be established in writing, may apply to the relationship between the parties. These complement or modify the GT and take precedence over them.
A.4 These GT do not regulate the relationship between Eva Roggenstein and her subcontractors or employees.
B. QUOTATIONS, INVOICES – BASIC AND ADDITIONAL SERVICES
B.1 All services and products offered to clients are explicitly detailed in the quotation sent by Eva Roggenstein. Fees are exclusive of travel expenses, accommodation costs, or other additional charges unless specifically mentioned in the quotation.
B.2 The quotation provided by Eva Roggenstein is valid until the expiration of the deadline indicated therein. If no other validity period is mentioned in the quotation, it remains valid for 30 days from the date of receipt of the email by the clients. If there is no response from the clients by the expiration date, Eva Roggenstein will issue a new quotation, which may have different terms, including rates, from the initial quotation.
B.3 The contract is considered concluded when the quotation is approved by the client electronically, by registered mail, or via the file management platform used by Eva Roggenstein (e.g., Pixieset).
B.4 Before the contract is concluded, either party may withdraw from negotiations without financial consequences unless otherwise specified in the quotation.
B.5 For any new work requests during the ongoing contract, a supplementary quotation will be issued. This quotation will be validated, and the services will be added to the current contract upon receipt of the signed quotation via the file management platform used by Eva Roggenstein (e.g., Pixieset), by email, or by registered mail.
B.6 When the services of models, food stylists, assistants, and other related professions, location rental, or the rental/purchase of photographic or styling equipment are requested by the clients, these services will be invoiced in addition to the standard photography/videography services.
B.7 The date of the shoot will be confirmed and validated upon receipt of the signed quotation and the deposit according to paragraph C below. Until both elements are provided, the date is not guaranteed.
C. PAYMENT AND INVOICING
C.1 A minimum deposit of 20% of the quoted amount is required after signing the quotation for formal reservation, and this must be done within 7 days following the signature unless otherwise agreed in writing between the two parties. If the period between the reservation and the service is less than 30 days, Eva Roggenstein reserves the right to invoice the entire fee at once.
C.2 The deposit will be 50% if significant expenses are incurred by the reservation, such as the booking of travel or accommodation, a venue, etc.
C.3 The balance payment must be made no later than 30 days after the shoot via bank transfer. Any bank fees are entirely the responsibility of the client.
C.4 At the end of the contract, when the work is considered complete by both parties, a final invoice summarising the various accepted quotations, completed services, and amounts paid by the client will be issued via the software.
C.5 Once the client enters into the contract by signing the quotation, they become obligated to pay the deposit. If the client fails to pay the deposit, Eva Roggenstein will first send a reminder by email and then a registered reminder with acknowledgment of receipt, with a payment deadline of 5 business days. If there is no response within the allotted time, a final demand will be sent by registered mail with acknowledgment of receipt, with payment due within 3 business days. Reminder and final demand fees amount to CHF 30.- each time. In the absence of payment, Eva Roggenstein reserves the right to take legal action. The same procedure applies to any other amount the clients commit to paying but fail to do so.
C.6 If additional hours, i.e., hours exceeding what was planned in the quotation, need to be worked, they will be charged at CHF 140.-/hour and payable within 30 days of receiving the invoice.
C.7 If the client wishes to obtain raw video files in addition to the final edited video as ordered by the client, they will be charged at CHF 100.- per minute of footage.
C.8 No raw .RAW files for photographs will be delivered to the client.
D. RESCHEDULING OR CANCELLATION
D.1 GENERAL
After the quote is approved, the service date is considered non-modifiable, except under the conditions below.
D.2 RESCHEDULING
D.2.1 If the client wishes to reschedule the shoot after it has been approved during the quote acceptance, this change can only occur with Eva Roggenstein's agreement and based on her availability. If no agreement is reached, the client may then request the cancellation of the shoot according to the terms provided below in paragraph D.3.
D.2.2 If the shoot is rescheduled at the client's request to a later date, Eva Roggenstein will still receive the full amount quoted for the service on the initially scheduled date.
D.2.3 In case of a second rescheduling of the event at the client's request, the full amount of the quote must be paid no later than the announcement of the second rescheduling. Additionally, a supplementary quote, which may be higher than the base price, will confirm the reservation of the new date. If this offer is not accepted, the contract will terminate and the full initial amount remains due to Eva Roggenstein. A third rescheduling of the event at the client’s request will not be permitted, except under special circumstances.
D.2.4 It will not be possible to cancel another service agreed with another client if the coveted day is already booked.
D.2.5 This chapter does not apply to rescheduling due to weather conditions, illness or accident duly documented by the client, or other similar circumstances.
D.3 CANCELLATION
D.3.1 The client who wishes to completely cancel the shoot after the approval at the time of the quote acceptance must inform Eva Roggenstein by registered mail with acknowledgment of receipt. The deposit scheduled for the initial reservation will not be refunded under any circumstances. If the cancellation of the shoot occurs less than 30 days before the scheduled date, 50% of the total quoted amount remains due. If cancellation occurs less than 15 days before the scheduled date, 75% of the total quoted amount remains due. If the cancellation occurs less than 7 days before the shoot, the full quoted amount remains due, minus any potential travel or accommodation expenses that Eva Roggenstein manages to get reimbursed.
D.3.2 If Eva Roggenstein is unable to fulfil her obligations and the shoot cannot be rescheduled, Eva Roggenstein commits to offering the client an alternative solution, notifying the client as soon as possible by email. Subsequently, an evaluation of alternatives will be made to find the best compromise for both parties. The payment for the service will remain the same as agreed between the parties, with no additional cost to the client.
D.3.3 After definitively exhausting all other means to fulfil her obligations, Eva Roggenstein may cancel a planned session or reportage, notifying the client as soon as possible by registered mail with acknowledgment of receipt. All sums already paid by the client will be fully refunded.
D.4 CANCELLATION OR POSTPONEMENT OF A GIFTED SESSION (GIFT VOUCHER)
D.4.1 In the case of cancellation or postponement of a session offered by a third party (gift voucher), articles D.1 to D.3 are applicable.
D.4.2 Additionally, if the client manifests after the expiry date of the gift voucher, the session cannot take place, and no compensation can be requested by the client.
D.5 EPIDEMIC AND/OR PANDEMIC/WAR
D.5.1 In the event of an epidemic/pandemic leading to restrictions on events in the public or private sphere, Eva Roggenstein agrees to enter discussions to find a solution that suits all parties.
D.5.2 In any case, a certificate of non-performance of the mandate must be signed by the client within 7 days following the announcement of the event's cancellation, which can be done by email or registered letter.
D.5.3 In case of cancellation or postponement of the service, the general provisions in case of cancellation will apply, unless otherwise agreed by the parties.
D.5.4 These provisions also apply in case of war.
E. PHOTO SHOOT ORGANIZATION
E.1 Photo/video assignments are carried out by experienced staff. Photographers and videographers will arrive at the designated location fully prepared and equipped with appropriate gear for the assignment.
E.2 All capture equipment is provided by Eva Roggenstein or her subcontractors. This equipment consists exclusively of high-quality professional gear used solely for client photo/video services. It is well-maintained and considered to be in perfect working condition during assignments. Consumables, styling, and ingredients may be charged. Styling items or consumables can be given to the client after the assignment if requested.
E.3 Eva Roggenstein, or her subcontractors, ensure that the equipment used is adequately insured for all standard uses. In case of damage, loss, or theft due to client negligence, employees, guests, or storage circumstances, Eva Roggenstein may seek damages up to the insurance deductible, or, if not covered by insurance, the cost of repairs or replacement.
E.4 Work schedules for Eva Roggenstein or her subcontractors are agreed upon by both parties. Photographers/videographers will start no earlier than 9 AM and finish by 6 PM, including a maximum of 8 hours of work, travel, and meal times. If the client requires presence before 9 AM or after 6 PM, they must cover additional accommodation costs near the shooting location. A supplementary quote will be provided for approval before additional billing.
E.5 If a session exceeds 5 hours, clients must provide a meal (cold or hot at noon) and a hot dinner (starter, main, dessert) seated at a table. If meals are not provided, the photographer/videographer reserves the right to leave the site to eat. This time will not be deducted, and no compensation claimed. Meal expenses will be billed. Drinks are provided free and unlimited to the photographer/videographer.
E.6 If the photographer/videographer needs to be accommodated before and/or after the shoot, Eva Roggenstein reserves the right to choose the lodging at the client’s expense. A private room with a bathroom is mandatory unless otherwise agreed. Eva Roggenstein will book the accommodation within a reasonable distance from the shooting location.
E.7 If the photographer/videographer needs to travel by other means than their vehicle (e.g., plane, boat, train, etc.) to reach the shooting location, Eva Roggenstein reserves the right to choose the type of transport and schedule at the client's expense. Unless otherwise agreed, Eva Roggenstein will book the transport. If there are fare differences due to client delays, Eva Roggenstein may bill the difference.
E.8 If an event requires a second photographer/videographer, model, or assistant, additional compensation will be quoted and billed. The same conditions for midday and evening meals, lodging, and transport apply. Separate accommodations are necessary.
E.9 The client is required to reserve a parking space closest to the shooting venue entrance. Parking fees are the client’s responsibility.
E.10 Meeting locations (for planning, delivery, etc.) are agreed upon between parties; if no agreement is reached, Eva Roggenstein chooses the locations. A video conference or phone call may be suggested by Eva Roggenstein. Travel expenses are the client’s responsibility.
E.11 The client must email Eva Roggenstein a briefing explaining expectations before issuing the quote and at least 14 days before the shooting date, earlier if possible. The briefing should include general shooting instructions: publication support (website name, social media names, print...); desired image size, resolution, and dimensions; number of photos/videos; desired styling and editing type. Eva Roggenstein can assist the client in defining this briefing. Once established and validated between both parties, the briefing cannot be changed. Any desired changes will be billed at the hourly rate defined in chapter C.6. However, clarifications may be added after validating the quote to refine the artistic part of the project without changing the predefined framework.
E.12 When a client works with a web designer for their website or a community manager for their social media, it is their responsibility to confirm with these individuals the specific needs for these communication supports. These needs are part of the detailed briefing in paragraph E.11. Any additional requests after validating the briefing and/or performance execution will be billed at the hourly rate defined in paragraph C.6.
E.13 During the performance, the client may wish to validate shooting intentions (inspiration boards, recipes...) and images during or after shooting. This desire must be stated during the briefing definition before the quote is established. This validation will be subject to billing. Eva Roggenstein will communicate to the client the time range on the defined shooting day during which the client must be available to confirm or request image modifications. Eva Roggenstein will send an image preview for validation to the client on the support defined in the briefing. The client will then have 15 minutes to validate or request scene modifications from the photographer. Without a response from the client within this timeframe, Eva Roggenstein will continue the shooting, considering the staging and image validated by the client. Any subsequent modification requests from the client will be billed at the hourly rate defined in chapter C.6.
E.14 The photographer/videographer reserves the right to cease their service in case of disrespect (verbal or physical violence) from clients or third parties. If the conflict is not resolved on-site, the photographer/videographer is immediately released from their obligations towards the clients, without the clients being entitled to compensation.
F. POST-PROCESSING, DELIVERY, STORAGE MEDIA OR PRINTING
F.1 Eva Roggenstein reserves the right to choose the type of post-processing. By entering into a contract with Eva Roggenstein, the client grants her complete trust in her specialty as a photographer/videographer and therefore cannot request any style modifications (e.g., color grading, framing, exposure).
F.2 The original files (photo and video), whether native, raw, or NEFs, cannot be transferred to the client in any case. They remain the firm and final property of Eva Roggenstein. If the client wishes to obtain the video sequences, they must pay the amount specified in chapter C.7.
F.3 The client acknowledges and agrees that:
- The client has reviewed the photographer's previous work and portfolio and reasonably expects the Photographer to provide the Services in a similar style.
- The Photographer will use their artistic judgment in providing the Services and will have the final say regarding the aesthetic judgment and artistic quality of the Services; and
- Disagreement with the Photographer’s aesthetic judgment or artistic ability does not constitute a valid reason for terminating this agreement or requesting a refund.
- F.4 Eva Roggenstein will deliver the media (photo or video) within 2 to 3 weeks after the event date, in the gallery made available to the client online (e.g., Pixieset).
- F.5 The images are stored by Eva Roggenstein for one year after their delivery. The client has access to download the images via an online gallery (e.g., Pixieset) for three months. After this period, the gallery will be automatically deleted. Retrieving images after this period will be billed at the hourly rate defined in chapter C.6.
G. COPYRIGHT AND REPRODUCTION, BROADCASTING
G.1 The following conditions apply for all types of services agreed between the parties, whether paid, provided free of charge, or as part of a collaboration.
G.2 The photographs/videographies delivered by Eva Roggenstein, or her subcontractors, are protected by copyright under the LDA (Federal Copyright Law of 9 October 1992). The client must be aware of this law before signing the contract.
G.3 The client has the right to exploit the images according to the scope of the rights of use of the images defined and agreed upon beforehand during the quotation process. Any use outside of these rights will be billed, and it is the client's duty to inform the photographer of any use not defined in the rights of use of the images granted to clients.
G.4 The photographs/videographies delivered by Eva Roggenstein may not be modified, retouched, resold, or transferred without her written permission. Retouching, reselling, or transferring images may be subject to billing. In case of non-compliance with this condition, Eva Roggenstein is entitled to claim compensation based on the rates of the Union Suisse des Photographes Professionnels.
G.5 Eva Roggenstein is entitled to charge additional fees for posters, major advertising campaigns, for international use of the images produced, as well as reproduction rights for the use of images beyond one year from the date of the service. In such cases, it is the client's responsibility to inform Eva Roggenstein in advance of the use they intend to make of the photographs/videographies.
G.6 Specific broadcast rates apply for large-scale public uses, such as publications on the main pages of a website, printed publications in brochures/flyers/posters, advertisements, and newspaper articles, as well as for publication by televised or similar audiovisual media. In such cases, it is the client's responsibility to inform Eva Roggenstein in advance of the use they intend to make of the photographs/videographies.
G.7 Reproduction rights are calculated based on the type of use, the format of reproduction, the volume of print run, the distribution (regional, national, international), and the duration according to the usual rules in force and the rates of the Swiss Association of Image Banks and Photographic Archives. Unless otherwise agreed, reproduction rights are valid for a single publication or agreed use, in writing, between the parties. Any more extensive use (re-edition, use on the Internet or Intranet, advertising, etc.) must be the subject of a renewed agreement, in writing, between the parties.
G.8 Each use or reproduction of photographic/videographic material produced by Eva Roggenstein, by her subcontractors or employees, must always be accompanied by the author's name in the form "SPO-Studio Photo" or "Eva Roggenstein" and on the networks @spo.studiophoto alongside the published image(s), in the imprint or in the section reserved for photographic/videographic credits. In case of non-compliance with this condition, Eva Roggenstein is entitled to increase the price of the ordinary service by 50% to 100% and/or to claim compensation based on the rates of the Union Suisse des Photographes Professionnels.
G.9 When the client works with a service provider (web designer, community manager, journalist, etc.), it is their responsibility to enforce paragraph H in its entirety and to pay the photographer any fees for the cession of rights of use of the images not covered by the contract.
H. BROADCASTING RIGHTS BY EVA ROGGENSTEIN
H.1 Eva Roggenstein, or her subcontractors or employees, has the right to mention the work done on her own website or other media intended to reflect her work. For this purpose, scripto-visual elements related to the mandate or the client, such as hyperlinks, promotional texts, photographs, videography, and logos, are used.
H.2 Unless otherwise advised by the client via registered mail, the client grants Eva Roggenstein the freedom to publish photographs and videography on the communication channel of Eva Roggenstein's choice. In case of a refusal to broadcast, Eva Roggenstein may request compensation for the loss of visibility and enhancement of the work. Clients cannot oppose the use of photographs/videography where people are not recognizable, still life photography/videography, etc.
H.3 The client assumes responsibility for the obligations arising from respecting the right to the image of the subjects present and confirms by concluding the contract to have the necessary authorizations to photograph and film said persons, works, or goods. Eva Roggenstein cannot be held responsible for contentious or illegal uses resulting from unauthorized use of the images produced.
H.4 The client opposing the use of photographs/videography made under a mandate following a promotional offer, a contest, or an express agreement between the parties stating that the photographs/videography generated may be freely used for advertising purposes must inform Eva Roggenstein by registered mail. In this case, the client may not benefit from the promotional offer and must pay the full rate.
I. LIABILITY
Eva Roggenstein cannot be held responsible for any financial loss the client may incur.
J. NON-EXCLUSIVITY
Eva Roggenstein is free to work with other clients, including competitors, without restriction.
K. VALIDITY AND MODIFICATIONS
K.1 If one or more provisions of these terms and conditions are held to be invalid, null, or unenforceable, the other provisions shall remain in full force and effect. Both parties will then agree to replace the null and void clause with one that most closely approximates the spirit and content of the originally agreed clause.
K.2 Eva Roggenstein may modify these general conditions at any time. Changes are made available to the client by Eva Roggenstein, via an internet link allowing access to them. The client may accept or reject the changes before the effective date. Unless rejection is notified in writing by the client to Eva Roggenstein before the proposed date for the changes to take effect, the client will be deemed to have consented to the changes. If the client rejects the proposed changes, the general conditions in force at the time the contract was concluded will remain applicable until the end of the contractual relationship between the parties.
L. JURISDICTION AND APPLICABLE LAW
All legal relations between the client and Eva Roggenstein are subject to Swiss law, including when used abroad.
The place of execution and exclusive jurisdiction is Apples, in the canton of Vaud, Switzerland.
General terms updated on August 9, 2024.
SPO-Studio Photo
Eva Roggenstein
Route de Yens 29, 1143 Apples, Suisse
IDE: CHE-318.654.415