These general terms and conditions (GTC) apply to all orders concluded between the client and The Origins Earth, represented by the photographer and CEO Géraldine Pfeiffer.
0. WHO ARE WE?
We are The Origins Earth, a media and visual content creation agency specialising in the environment, ecology and eco-tourism. As part of our content creation agency, we offer a range of services including private event photo shoots for individuals and a travel directory service for eco-friendly businesses.
1. ACCEPTANCE OF TERMS
The general terms and conditions of sale « GTC » apply to all services concluded between the client and The Origins Earth, namely for individuals photo shoots for their private event, and for companies, the directory, which applies the transaction. The booking of a shooting photo for individuals or the subscription to our travel directory for companies implies full acceptance of the present GTC and GCU (c.f. page general conditions of use), unless special conditions are agreed upon in writing between The Origins Earth and the client.
1.2 Updating of the GTC
The Origins Earth may modify the terms of these GTC at any time. These changes are binding on the client as soon as they are published online and a pdf version is provided by The Origins Earth with the file « Your event with The Origins Earth« . The client is advised to regularly consult the current GTC.
2. PAYMENT AND RESERVATIONS
The cost of the shooting photo depends on the package chosen (see the file « Your event with The Origins Earth »). This amount is to be paid to The Origins Earth by a deposit of 50% of the total amount within 10 days of receipt of the invoice and before the photo shooting. The balance is to be paid after the end of the mandate, i.e. the photo shoot. Payment can be made in cash, by invoice or by Twint.
The amount depends on the package chosen (see « The Origins Earth Directory« ). For the 1st paiement, the amount is to be paid to The Origins Earth by a deposit of 50% of the total amount to be paid within 10 days of receipt of the invoice. The balance is to be paid upon completion of the work. Payment shall only be made by bank transfer. From the 2nd year of collaboration, the total amount must be paid within 10 days of receipt of the invoice.
The prices are those applicable at the time of booking the photo session for individuals and the registration in the directory of The Origins Earth for companies made by mail with The Origins Earth in both cases.
The booking of the shooting photo is done by email with The Origins Earth via a registration form to be filled, dated and signed. Registration to The Origins Earth directory for companies is done through a completed, signed and dated registration form.
The Origins Earth reserves the right to modify its rates for the photo shooting packages for individuals, as well as the rates for the directory for companies at any time, without prior notice or compensation, in order to pass on any unforeseen increase in the rates of the suppliers of photographic products or an increase in rent and charges.
It is possible to ask The Origins Earth for a quotation by email for all the services offered, i.e. packages for photo shoots in the context of a large event (e.g. weddings).
The registration for a shooting photo by the client is final as soon as it is confirmed by email by the photographer of The Origins Earth who has received the completed, signed and dated form.
The registration to the travel directory is final when The Origins Earth receives the completed, signed and dated registration form, which implies the client’s full acceptance of these GTC.
2.5. Deadline for photo sessions
For simple photo sessions (family, couple, solo)
The Origins Earth organises itself with a minimum delay of 2 weeks before the photo shoot. This delay includes the contact, the registration via the completed and signed form, and the payment of the deposit in order to allow the photographer to reserve the date for the photo shooting agreed upon by the client.
For photo shoots related to an event
The Origins Earth organises itself according to the date of the event with a minimum delay of 1 month before the said event. This delay includes the contact, the registration via the filled and signed form, the payment of the deposit in order to allow the photographer to reserve the date for the photo shoot agreed by the client.
For last minute requests (e.g. a few days before the event) for planned events, the full amount requested will be paid to The Origins Earth without delay.
3. DEADLINES, DELIVERY AND POST-PRODUCTION
3.1. Presentation of the photos from the photo shooting
The client receives an email containing a link to access the photos taken during the photo shoot to select those to be retouched. The photos are only delivered in digital format and not on paper.
The client receives an email containing a link to access the photos taken during the photo shooting to select the photos that will be retouched and presented on the website www.theoriginsearth.com on the presentation page next to the directory and on the Partners page when promoting the company. If the client wishes to receive the photos, he/she can request them from The Origins Earth who will deliver them only in digital format and with the copyright of The Origins Earth’s photographer.
3.2. Number of photographs supplied
The number of raw photographs taken depends on the smooth running of the photo shoot. The photographer will take a certain number of photographs so that the client can choose the number corresponding to the chosen package in order to carry out the post-processing work (retouching).
If the client wishes to have more retouched photos than defined in the chosen package, a price list will be provided on request, by email.
3.3. Cancellation period
A cancellation period of 24 hours is accepted before the date of the photo shooting. If this period is not respected, a deposit may be requested to compensate for the time and appointments lost for that date, as well as the cancellation fee.
The following deadlines are given as an indication, and no compensation can be claimed from The Origins Earth photographer if the deadline is exceeded.
A period of 10 days to 3 weeks is allowed for the return of the retouched photos to the client, from the moment the choice of photos has been transmitted to the photographer.
A delay of one month is counted for the creation of the page and the setting on line on our directory of your company.
3.5. Post-production of digital files
The post-processing, called retouching, in the same way as the shooting, is specific to the photographer and is an integral part of his work, his style and his artistic universe. No native digital file in RAW format will be given to the client and cannot be demanded. Digital files are transmitted in .jpeg format only; no raw, tiff or other format will be given.
All photographs will be sent either by email, delivered on a USB stick or placed in a secure storage area to which access will be guaranteed and will be available only to holders of the access code.
Please note that we do not send your photographs by post as we do not print them on paper.
3.7 Printing of photos
We do not offer paper prints due to a lack of printing equipment. However, the client is free to print his or her photos from the digital files delivered to him or her and where he or she wishes. If this is the case, The Origins Earth declines all responsibility for the result obtained in a photo printing laboratory not recommended by the photographer.
4. FORCE MAJEURE, POSTPONEMENT AND TECHNICAL PROBLEMS
4.1. Technical problems and/or accidents
In the event of technical problems with the photographic equipment or any other accident during the shoot that prevents the photographer from delivering the work requested, the full amount paid will be reimbursed, without giving rise to the payment of damages on any grounds whatsoever. The client may agree to postpone the photo session to a later date, in which case the amount paid will not be refunded. In the event of loss or deterioration of the photos before their delivery (burglary, fire or electrical damage), which no longer allows for the complete performance of the service initially agreed upon, the client may only claim reimbursement of the service.
4.2 Force majeure and weather conditions
If an event of force majeure (e.g. an accident) does not allow the photo shooting to take place, either party will be entitled to claim this right if the force majeure is explained. The photographer therefore reserves the right to cancel the photo shooting. Such cancellation shall not give rise to any liability or to the payment of damages on any grounds whatsoever. The photographer or the client agrees to notify the other party as soon as possible by email and a new date will be scheduled between the client and the photographer, without any additional costs for the same service.
The Origins Earth will not be held responsible for the non-performance or partial performance of the photo shoot in the event of adverse weather conditions.
4.3. Modification and/or postponement
Any modification (date, location, postponement, etc.) by the client of the photo shoot must be made at the latest 3 days before the planned date of the shoot, except in cases of force majeure where the deadline may be at least 2 hours before the photo shoot.
Any postponement of the photo shoot must take place at least one month before the scheduled date of the photo shoot. In case of postponement, the photographer cannot be held responsible for the non-realisation of the photo shooting (weather, season,…). There is no charge for postponing a session in this type of situation.
5. INTELLECTUAL PROPERTY AND IMAGE RIGHTS
5.1. Intellectual property
Photographs taken during a session with the client are protected according to the rules of article 231.1 of the law of 9 October 1992 (Federal Swiss law on copyright and related rights). Even after termination of the digital files, the photographs remain the intellectual property of The Origins Earth and are therefore not free of rights. Only the client’s right to the image remains unaltered. Commercial use by the client/company of the images from the photo shoot is not permitted and must be agreed in writing with The Origins Earth. Furthermore, it is forbidden and punishable by law to remove by any means the signature and/or logo of the photographer and to modify the photos (e.g. black and white, change the style, crop and make various other retouches,…) without prior authorisation from The Origins Earth photographer.
For any public use of the photos from the shoot, including social networking and emailing (non-exhaustive list), the client/company must (unless otherwise advised by the photographer) use the signed small format files provided by the photographer. If The Origins Earth finds that this obligation is not respected and asks the client to replace the photo(s) concerned, no technical excuse (including the excuse of the number of comments already present under the photo) will be accepted and the client will have to comply with this requirement under penalty of a fixed charge of 200.00CHF for non-respect of intellectual property.
5.2. Image rights and authorisation of distribution
For private individuals
The client retains his or her unalterable right to the image in all circumstances, at all times and in all places. The client declares that he/she is of legal age, freely poses for photographs and authorises the taking of photographs. When the model is a minor, the legal representatives declare that they are of age and authorise the taking of photographs of their child. Before each photo shooting, the client accepts the entirety of the GTC as well as the right given or not to the publication of the images for commercial purposes within the framework of the promotion of its activity only (website, professional pages on social networks, advertisements, exhibitions, business cards, etc.).
6.LANGUAGES, APPLICABLE LAW AND PLACE OF JURISDICTION
6.1. Place of Jurisdiction Please refer to the page on the General Terms and Conditions of Use (GTU)