Service Agreement and Terms and Conditions School Photo DaY

Last updated 7 October, 2022

1) About us
Amanda Hilfer

Amanda JOY PHOTOGRAPHY 

Spiegelbergstrasse 37

4059 Basel, Switzerland

0786064571

E-Mail: admin@amandajoy-photography.com

2) Agreement
This agreement shall govern the conclusion, content and performance of the School Photo Day Photographs (hereinafter referred to as "services") by AMANDA JOY PHOTOGRAPHY (hereinafter referred to as "photographer" or “we”) for the benefit of the children of the relevant school, which are represented by their parents or any other care takers (hereinafter called “customers”).

This agreement and the included General Terms and Conditions shall be deemed to have been accepted by the customer upon acceptance of the offer by clicking on the acceptance button on the webpage: 

3) Services
We will provide the services to you in accordance with this agreement and its Terms and Conditions as outlined below and with the degree of skill, care and diligence expected of a professional providing services of the same kind. 

The photographer is engaged to provide school day photographs to school classes. All children who attend the photo school day will have one photograph taken for the class photo and/ or school records and/ or student identification card. Upon customers request additional photographs will be made of the children by the photographer (hereinafter called “registered children”).At the photographers sole discretion the registered children will have two up to five photographs taken and delivered in a private album. You can find the costs of the registered photographs under the following link: School Price List 2023


4) Bookings for registered children
Bookings must be made by the customer: otherwise no photographs will be taken, except for the children, which the school has requested one photo to be taken for the children’s school ID or for the class photo. Once a child is registered by the photographer, the photographer will take the additional photographs and chooses between two and up to five photographs and delivers them in a private album to the customer. 


5) Supervision
The customers will remain fully liable for the behaviour of their children during the photo shooting. Any liability of the photographer is excluded. 


6) Retainer and Payment
For the booking of the registered photographs and for the individual and class photographs no booking fee will be charged and there is no obligation to order any photographs taken. For booked sibling photo shootings a booking fee of CHF 65.00 will be due in the moment of booking. This booking fee can be credited to any future order in the Sibling Photo online gallery of the photographer. The credit cannot be used towards individual student portraits. In case you choose to not place an order, the booking fee is not refundable. Unless otherwise stated in this agreement and Terms and Conditions, in case you fail to attend the photo session the booking fee will not be refunded. 

7) Ordering and Delivery 
Photographs will be available for customers to view and purchase within 30 days of the photo shoot being completed. The photographs will be available in online, private galleries available to customers using the e-mail address supplied by the customers at registration.

Ordering with discounted School Photo Day Pricing will be available for a period of 12 days (Two work weeks + full weekends) from when the galleries are made available. After 12 days: Print Collections will no longer be available. Digital Collections increase to CHF 98.90. A la carte prints increase by 30%.

Once the customer has ordered the photographs the sales are final and no refunds are given for any costumer error and any reorder must be paid in addition. Accordingly we recommend to the customer to double check its orders before submitting. 

Customers acknowledge that any digital products can not be refunded at any time. 

Digital files of class photos are for personal use only and can only be shared in case of prior written approval of the parents of the children, which are sharing the photo. Any responsibility of the photographer and of the school with respect to the sharing of any digital photo files between school families or online is hereby explicitly excluded. 

Exchange of digital files of class photos to other school families who have not purchased their own school photo copy is prohibited. Otherwise we reserve the right to charge the customer the distributed copy in addition. 

In case any photographs or online gallery products are out of stock due to supply issues, you will be offered, at the photographer’s choice, either a substitution or a refund.

Late orders after the images are archived. Once the project is complete and the images are archived,  all late orders are subject to premium pricing. Only full albums of digital files will be offered at CHF 145.00, to be paid in advance. A fee of CHF 75.00 will be incurred for retrieving archived photographs.

8) Price for Packages and Artwork Products
The amount that the customer pay will depend on which package and or products the customer select. Prices for all packages and products are set out in the School Photo Price List.  This price list is adjusted periodically and future orders shall be charged at the prices in effect at the time when the order is placed.

The photographer cannot guarantee any printed product made through the customers own choice of third party print lab.


General Terms and Conditions

9) Artistic Freedom
The photographer retains the right of discretion in selecting the photographic materials released to the customers. 

10) Complaints
The photographer will promptly address any reasonable concerns or complaints you may have. Please allow the photographer a reasonable amount of time to rectify the issues brought to their attention. Please be aware that any unfair behaviour directed towards the photographer and auxiliary personnel will be subject to legal prosecution. The photographer takes such matters seriously and will take legal action as necessary to protect our rights and the well-being of our team.

11) Communication Guidelines (updated 29 May, 2023)
To maintain a professional and respectful environment, the following communication guidelines are required:
   a. No offensive or abusive language: We strictly prohibit the use of offensive, disrespectful, or abusive language in emails. This includes derogatory remarks, hurtful comments, aggressive behaviour, or explicit language towards the photographer or auxiliary persons. Violations of this guideline may result in the immediate termination of communication and in the immediate termination of this agreement without any refund of payments already made. Additionally, the school will be promptly notified of such violations.
   b. Constructive and respectful dialogue: Communication should be constructive, respectful, and free from malicious intent. When addressing errors or seeking assistance, please maintain a positive and helpful tone. Engaging in activities such as threatening to spread or spreading false information, or engaging in malicious behaviour with the intent to harm the photographer's reputation, will not be tolerated. In such cases, all communication will be immediately terminated and the photographer has the right to immediate terminate the agreement without any refund of payments already made. Additionally the school will be promptly notified.

By adhering to these guidelines, we ensure a professional and harmonious environment for effective problem-solving and satisfactory resolutions, while also promoting a safe work environment for the photographer and any auxiliary persons involved.

12) Events outside our control
If we are prevented or delayed from carrying out our services by an event outside our control (including but not limited to an act of god, fault or failure of equipment, software, hardware, networks, epidemic, pandemic or widespread outbreak of illness or disease or infrastructure or failure by third parties), we will contact you as soon as possible to let you know and we will take all reasonable steps to minimise the effect of the delay. In no event we will be liable for failure or delays caused by the event. 

Provided that there is a risk of substantial delay the customer may contact us to end the agreement and to receive a refund for any services the customer has paid for but not received. 

13) Substitution
The photographer reserves the right to substitute with another photographer. The substitute photographer is chosen at the discretion of the photographer and does not constitute a breach of this agreement. The photographer warrants the substitute photographer to be of similar quality and professionalism.

14) Archiving
The photographs may be destroyed or archived at our discretion, after the expiration of the applicable ordering period referred to in this agreement and its Terms and Conditions. A fee of CHF 75.00 will be incurred for retrieving archived photographs in addition to the product costs.

15) Cancellation
   a. If you wish to cancel the photo session, please contact us using the phone or email details in clause 1 of the agreement. 
   b. Cancellation for sibling photo sessions received no later than 7 days prior to the event will have the booking fee refunded less a CHF 20.00 admin fee. Cancellations received after this time will not have the booking fee refunded. 
   c. We may cancel your photo session for any reason prior to the photo session date. 
   d. We may terminate your requested photo session if we consider there are extenuating circumstances, for example inappropriate behaviour of a child or illness of a child. We are not obliged to reschedule the photo session in these circumstances. Any advance payment will be refunded.

16) Rescheduling
   a. A booked photo session can be rescheduled up to 48 hours prior to the event, so long as adequate space to reschedule is available. After 48 hours the booked session cannot be rescheduled. Please be aware that availability to reschedule is not guaranteed. 
   b. Provided you rescheduled any booking before 48 hours and there is no availability to reschedule any paid booking fee will be refunded. 
   c. Occasionally we may need to reschedule the photo session date and also already rescheduled photo session dates (for example, weather conditions and events outside our control). In such event, we will give you as much notice as possible. We will use reasonable endeavours to reschedule the photo session to a date that suits you, but cannot promise that an appropriate date will be available. In case any payment has been made by the customer and the cancelation is due to the photographer the payment will be refunded. 

17) Liability 
The photographer shall only be liable for damages arising in connection with the agreement only for intentional and grossly negligent conduct. Any further liability, in particular liability for slight or medium negligence is excluded.

Furthermore and except as set forth in this section. To the fullest extent permitted by law we disclaim all warranties implied or express. 

18) Intellectual Property 
Unless agreed otherwise the photographer will retain ownership of all intellectual property rights related to the services. Furthermore no RAW files or photo material including digital data will be transferred to the customer. Copyright remains with the photographer.

19) Privacy
We use and process your personal data in accordance with the applicable data protection legislation. For more information please consult our privacy policy: https://amandajoy-photography.com/privacy-policy. Please be aware that in order to deliver the services within this agreement we are cooperating with the third party processors Mailerlite and Got Photo. For more information regarding their privacy policy please consult: https://www.mailerlite.com/legal/privacy-policy and www.gotphoto.ch/datenschutzerklaerung/.

In case you wish your personal data to be removed from the third party processors, please contact us and we will immediately initiate the deletion. But please be aware that once your personal data is removed you will not be in full enjoyment of all services within this agreement. 

20) Confidentiality
The photographer and the customer are obliged to treat as confidential all information which they have obtained or will obtain from the other party within the framework of this agreement. The obligation to maintain secrecy already exists at the offer stage and also after termination of the agreement.

21) Governing Law and Jurisdiction
This agreement shall be exclusively governed by and construed in accordance with the substantive laws of Switzerland without regard to its principles of conflicts of law and excluding the UN Convention on Contracts for the International Sales of Goods. Any dispute, claim or controversy arising under, or out or in connection with or related to this agreement shall be submitted exclusively to the competent courts of Basel City, Switzerland.