Last update: June 2024

1. Preamble

1.1 These General Terms of Use (GTU) govern the use of the photography services offered by Lucas Clemente -, a photographer based in Switzerland. By using the photographer's services, you fully and unreservedly accept these GTU.

2. Data protection

2.1. The photographer complies with Swiss data protection laws, particularly the Federal Data Protection Act (FADP) and the General Data Protection Regulation (GDPR) for European clients.
2.2. All personal data collected as part of the photographer's services are processed in accordance with the Privacy Policy, which can be viewed here.

3. Photography services

3.1. The photographer offers photography services for private sessions and special events, according to the terms agreed with the client.
3.2. The client is responsible for the accuracy of the information provided when booking the photographer's services.
3.3. Prices, picture delivery times, and payment terms are individually agreed upon with each client.
3.4. Travel expenses are calculated based on a SBB train ticket, round trip, half-fare in 2nd class, from the photographer's home to the photoshoot location.
3.5. After the completion of the photo session and the full payment of the balance, it is understood that no refunds will be granted for any reason.​​​​​​​

4. Copyright and use

4.1. All copyright of the photos taken by the photographer belongs to the photographer.
4.2. The client obtains a non-exclusive license for personal use of the photos. Any commercial use requires prior authorization from the photographer and may incur additional fees up to 25% of the sale price.
4.3. The client may not print or reproduce the photos; the photographer offers a printing service. The client may sell these prints.
4.4. The client may not retouch or edit the photos.
4.5. The low-resolution versions of the photos provided after the session are intended only for selecting favorites and cannot be exploited, published, or distributed.
4.6. Unless otherwise stated in writing, the client consents to the use of the photos for the photographer's portfolio and on social media.

5. Liability

5.1. The photographer commits to providing services professionally and meeting agreed deadlines. However, the photographer cannot be held responsible for circumstances beyond his control, such as unfavorable weather conditions, unforeseen delays, or third-party actions.
5.2. The photographer's liability is limited to the amount paid by the client for his services.
5.3. The photographer commits to not endangering the client or placing them in an illegal situation during the photoshoot.
5.4. The photographer disclaims any liability in the event of an incident during the session, except in cases of gross negligence on his part.
5.5. In the event of equipment failure or technical issues preventing the session, a new date will be set at no extra cost to the client.

6. Cancellation and postponement

6.1. Any session cancellation must be notified to the photographer at least 14 days before the scheduled date. If canceled by the client less than 14 days before the scheduled date, the deposit will not be refunded.
6.2. In the event of a postponement, the deposit can be transferred to a new date, subject to the photographer's availability.

7. Changes to the GTU

7.1. The photographer reserves the right to modify these GTU at any time. Changes will be published on the photographer's website and will take effect upon publication.

8. Governing law and jurisdiction

8.1. These GTU are governed by Swiss law. In the event of a dispute, the competent courts will be those of the canton of Vaud.
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