TERMS & CONDITIONS

1. Scope and contracting party

These Terms & Conditions apply to photography, art direction and related creative services provided by Agapov Production, trading as AGAPOV & ARNO, Seestrasse 264, 8700 Küsnacht, Switzerland (“A&A”, “we”, “us”). A booking, proposal or individual written agreement may add project-specific terms. If there is a conflict, the individually agreed written terms prevail for that project. Mandatory consumer rights remain unaffected.

2. Booking and scope

A booking becomes binding when the agreed proposal or booking confirmation is accepted and the required payment is received. The session type, package, date, location, participants, deliverables and any optional services are defined in the booking confirmation or proposal. Requests outside the agreed scope may require a separate fee and timetable agreed in advance.

3. Prices and payment

Unless agreed otherwise in writing, the booking requires 100% prepayment. The prepayment is non-refundable. A&A may make exceptions where legally permissible and appropriate in the circumstances; this does not create a general right to a refund. Bank, payment-provider, venue, permit, travel, shipping and other third-party costs that are not included in the agreed price remain payable by the client.

4. Third-party services

If the client asks A&A to source, book or coordinate services from third parties — for example a stylist, makeup artist, videographer, studio, venue or supplier — A&A charges a coordination fee of 10% of the relevant third-party service cost, in addition to the supplier's own charges, unless otherwise agreed in writing. Non-refundable third-party expenses already incurred remain chargeable if the booking is rescheduled or cancelled.

5. Travel

The base service price includes travel within 20 km of Zürich unless the booking confirmation states otherwise. Travel outside that radius is individually calculated and agreed in advance. No outside-radius fee applies unless it has been communicated and accepted before the service.

6. Rescheduling, cancellation and illness

The client may request one timely rescheduling without an additional A&A rescheduling fee, subject to A&A's availability. The request should be made as soon as reasonably possible. Any non-refundable third-party expenses already incurred remain payable.

If illness prevents the session, the parties will agree a replacement date within 30 days of the affected session date and aim to hold the replacement session within 90 days, subject to availability and any mandatory legal rights.

If the client cancels or does not attend, the non-refundable prepayment and incurred non-refundable third-party expenses remain due, unless mandatory law requires otherwise or A&A makes a legally permissible exception. If A&A cannot perform and no suitable replacement can be agreed, A&A will provide the remedy required by applicable law and the individual agreement.

7. Client responsibilities

The client must provide accurate contact and booking information, obtain any necessary permissions for participants and locations, arrive on time, and inform A&A of circumstances relevant to safety or the planned work. A parent or legal guardian must authorise participation by a minor. The client remains responsible for personal belongings and for following reasonable safety and location instructions.

8. Creative approach and selection

The client acknowledges A&A's artistic style and grants A&A reasonable creative discretion over direction, lighting, composition, editing and final image selection. Raw or unedited files are not delivered unless expressly agreed in writing. A&A does not guarantee that every pose, participant or requested image will be included, but will perform the agreed services with professional care.

9. Delivery, gallery and archive

The standard delivery time is up to 3 weeks after the session, unless a different timetable is agreed in writing or delay results from circumstances outside A&A's reasonable control. The online client gallery remains available for exactly 90 days from delivery. The client is responsible for downloading and securely backing up the delivered files during that period.

A&A normally keeps an archive copy for up to 12 months after delivery. This is a courtesy only, not a permanent-storage or recovery guarantee. Files may be deleted earlier if required for security, legal or operational reasons. A&A is not liable for the client's failure to download or back up delivered files.

10. Copyright and client licence

Unless otherwise agreed in writing, copyright remains with A&A. After full payment, private clients receive a non-exclusive licence to use the delivered photographs for personal, non-commercial purposes. Commercial, editorial, advertising, resale, sublicensing, significant alteration and third-party publication require the licence agreed for the project. The separate Copyright & Licensing Policy forms part of these Terms.

A&A will not use identifiable client photographs for portfolio, marketing or publication merely because a session was booked. Any such use requires the applicable permission or another valid legal basis and, where appropriate, a separate release.

11. Data protection

Personal data is handled as described in the Privacy Policy. Booking a session does not subscribe the client to marketing. Newsletter consent is optional, separate and can be withdrawn at any time.

12. Liability and force majeure

A&A is liable in accordance with mandatory Swiss law. To the extent legally permitted, A&A is not liable for indirect or consequential loss, loss caused by inaccurate client information, client or third-party acts, inaccessible locations, weather, illness, platform outages or other events outside A&A's reasonable control. Nothing in these Terms excludes liability that cannot legally be excluded.

13. Changes and severability

Changes to an individual booking must be agreed in writing. If any provision is invalid or unenforceable, the remaining provisions continue to apply and the invalid provision is replaced only to the extent required by law.

14. Governing law and contact

Swiss law applies, subject to mandatory consumer-protection rules. The competent courts are determined by applicable law. Questions may be sent to hello@agapovarno.ch.