TERMS AND CONDITIONS
Christoph Reist welcomes you to our website (www.creist.photography). The terms “us”, “we”, and “our”“ refer to „Christoph Reist“, a Company existing under the laws of Switzerland with its principal address located at: [Krähbühlstrasse 58, CH-8044 Zürich], the website (www.creist.photography), and owners of Christoph Reist.
These Terms and Conditions constitute the legal agreement that we have with you and apply to your use of our website and participation in the production and do not invalidate any other agreement or terms you may have with Christoph Reist, unless otherwise stipulated. Your breach of any of these legal agreement automatically terminates your permission to use our website or participate in the production.
A “Visitor” is someone who merely browses our website. A “Participant” is someone who has registered to participate in the production. The term “User” is a collective identifier that refers to either a Visitor or a Participant.
2. Acceptance of Agreement
Please read carefully the following Terms and Conditions (“Terms”) which govern your participation in photography productions (“production”) conducted by Christoph Reist (“Host”). By registering for and participating in the production, you are deemed to have agreed to these Terms and agree to fully comply with them. If you do not agree to comply with these Terms, you should not participate in any production conducted by Christoph Reist.
3. Amendment of Terms and OUR Content
We reserve the right to change, modify, add or remove portions of these terms at any time without prior notice or your consent. Please check these terms regularly prior to using our website to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible. If you choose to use our website then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern you and Christoph Reist’s rights and obligations to each other.
4. Production TERMS
Bookings and Payments
To book your place at the production, users will need to fill out the booking form provided for each specific production and pay the required production fee as a condition to confirm the booking. You can pay the production fee by clicking “Book Now” button on the booking page and filling in the required credit card or other payment information. We accept major credit cards including American Express, Discover, MasterCard, JCB and Maestro. If you wish to pay via other payment methods, please contact us. 50% of the whole payment has to be done before the production starts. The customer is not allowed to use any material of the production before the payment is fully made.
Cancellation and Refunds
We plan and finance our production in accordance with the number of bookings we receive. We will only accept a cancellation of reservation if it is made thirty (30) days prior to the date of the production. If for any a reason we are compelled to postpone a production, we will issue you with a prompt and full refund.
Host shall have the right to demand production participant to leave the venue and production promptly if participant is uncooperative, intoxicated, in possession of any illegal substances, poses a safety risk to others or if the participant’s attendance is otherwise inappropriate. No refund whatsoever of the production fees shall be refunded to you if we restrict your attendance under these circumstances. We also reserve the right to cease and/or refuse communications and future service to you.
production participants must not film or record the production without permission. Please take note that models have not signed and given any release giving permission to use their pictures, portraits or photographs for any purposes and you may held liable for any commercial use of such images. Participants must obtain release, permission or other authorization from models to use, display and/or publish the images of models taken at the production. It is strictly prohibited to store, use, publish, share or otherwise transmit nude or topless images of models or otherwise images showing private model’s intimate parts. All images taken by you at the production are for your own personal non-commercial use only. You may use images to showcase your portfolio on your personal website or social media. When sharing images on social media, you must credit “Christoph Reist” as the copyright owner.
You must not submit, share or sale such images to magazines, newspapers, exhibitions or shows without our prior written consent of Christoph Reist. If you are uncertain of what is permitted usage or if you want to obtain permission to use images, please contact us at firstname.lastname@example.org.
No Professional Advice
The guidance, materials or information presented to you by Host at the production or made available to you on or through the Site is provided for informational purposes and should not be regarded as professional advice to be relied and acted upon. We advise you to seek specialist or professional advice personalized to your particular needs before taking or refraining from taking any action on the basis of guidance, materials or information obtained by you from the production. If photography, mental, financial, medical, psychological, sales, legal advice is required, we advise you to consult the relevant competent practitioner. In no event shall Host and , its employees, affiliates, suppliers, sponsors, speakers or any third parties be liable for any damages whatsoever (including, without limitation, indirect, punitive, incidental and consequential damages, lost profits, or damages, whether based on warranty, contract, tort, or any other legal theory, resulting from the use of, or the inability to use, the materials, information or methods communicated through the production, or any products or services provided before or after the production, even if Host is or has been advised of the possibility of such damages .
All software, technology, and content on our website is solely licensed property of Christoph Reist or our content suppliers, and is protected by Switzerland and International copyright laws. All technical compilation (meaning the programming,collection, interface, assembly and arrangement) of all content on the website is the exclusive property of Christoph Reist and protected by Switzerland and International copyright laws. Christoph Reist hereby gives you permission to view and use the technology,content and services made available to you on our website. Any other use, including the modification, reproduction, transmission, distribution, and republication of our content, software, and technology on the website is strictly prohibited.
6. Other Intellectual Property
All other intellectual property rights related to the software, interface, technology, and contents included on our website or used in the operation of the website or for providing you our services including without limitation, videos, audios, titles, trade secrets, technical know-how, moral rights, patents, publicity rights, character rights, and artistics are owned and licensed property of Christoph Reist. Our website contains our trademarks and service marks and those of our affiliates or third party companies in the form of graphics, words and logos where applicable. Your permission to use our website or services does not constitute any right or license for you to use our trademarks or service marks without the prior written approval of Christoph Reist.
Any use of these rights without the prior written approval of Christoph Reist is strictly prohibited.
Participant understands and hereby agrees that the tools, narratives, ideas, methods, materials, and information (“Confidential Information”) presented in the production are confidential, copyrighted and proprietary to the Host and agrees not to record, replicate, disseminate, or disclose the production materials and information in any manner whatsoever without the express written permission of the Host. Any unauthorized use or distribution of Confidential Information by the Participant or their representatives is strictly prohibited. Host will pursue legal action and full damages if these terms are violated in order to protect its rights. You agree that Host shall be entitled to seek the remedies of injunctions, speciﬁc performance and any other equitable relief without proof of special damages if you breach or threaten the breach of confidentiality and nondisclosure obligations stipulated herein.
8. Waiver of Liability and Assumption of Risk
While the Host will take reasonable endeavours to ensure participant’s safety at the production, you agree that we have control of every situation. production participant accept full responsibility for their own safety, security, health and property and agree to release and acquit Host from all liability. If you attend any production conducted by Host, you hereby sign and agree to the following waiver of liability and assumption of risk:
“I, the willing Participant of the production, hereby voluntarily assume full risk to my health, personal injury, property damage, or death that may result in connection with my participation in the production and hereby sign this waiver of liability and assumption of risk in favor of Host, and fully release, discharge and acquit Host andits officers, employees, interns, contractors, sponsors and representatives, successors, assigns, heirs and personal representatives, from any and all claims, actions, suits, demands or liabilities for loss of or damage to my property and for any and all illness or injury to my person, including my death, that may result from or occur during my participation at the production, whether caused by negligence of the Host or its agents, representatives or otherwise. I also agree to defend, indemnify, and hold harmless the Host and related third parties from all liabilities, actions, demands, claims, and expenses, including attorney’s fees, for the injury or death of any person(s) and damage to property that may result from my negligent or intentional act or omission while attending and participating in the production or from the use or misuse of this Site or any claim that I have used, exploited or reproduced an image taken at the production in any manner that is prohibited under these Terms and Conditions or any applicable law.
In no event shall Host be liable for my injury or death or any loss or damage of my personal possessions suffered or sustained in connection with my participation in the production. Should I need immediate medical treatment as the result of illness or accident occurring in connection with my participation in the production, I fully consent to such treatment or assistance. I agree to notify Host orally and in writing if I am at any time injured prior to or during the production, or of I have preexisting medical or psychological conditions about which emergency medical personnel should be informed. I am fully aware and agree that Host does not legal duty of any kind to act on this information.”
9. FORCE MAJEURE
Host will be free of liability to the participants where the Host is prevented from executing its obligations under this Agreement in whole or in part due to force majeure, such as earthquake, typhoon,terrorism, flood, fire, and war or any other unforeseen and uncontrollable event where the Host has communicated the circumstance of said event to the Participants and taken any and all appropriate action to mitigate said event.
10. Privacy Release
Participant acknowledges and agrees that Host will be recording the production as well as taking photographs. Participant do hereby give Host and his assigns, licensees, and legal representatives the irrevocable right to use participant’s name (or any fictional name), picture, voice, city or state of residence, and portrait, likeness, or photograph in all forms and media and in all manners, including composite or distorted representations, for instruction, educational, advertising, trade, or any other lawful purposes, and Participant waive any right to inspect or approve the finished version(s), including written copy that may be created in connection therewith. Participant acknowledges and agrees Host shall have exclusive ownership of all recordings from the production, including recordings or photographs in which Participant appears or speaks, without obligation to acknowledge, notify or compensate Participant.
11. Errors, Corrections, and Changes
We do not represent or warrant that our website will be free from errors, virus-free or other harmful elements, or that we will correct such errors. We do not represent or warrant that the information available on our website will be correct, timely, reliable, or otherwise accurate. We reserves the right at our sole discretion to modify any Content, and other components used or contained in our website at any time without your prior notice. Reference to any processes, services or other information by trademark, trade name or otherwise does not constitute or imply our recommendation, endorsement, or any affiliation therewith by our website, by third parties, or by any of the software, equipment or programming associated with or utilized by us.
12. Prohibited Use
As a user of our website you shall not:
• violate any applicable local or international law or regulation;
• Submit or post any content that is abusive, defamatory, libelous, harmful, obscene, invasive of third-party privacy, or content that could be considered objectionable;
• impersonate or use the identity of a third-party, or falsely state or otherwise misrepresent your affiliation with a person or organization;
• engage in any activities or manipulate identifying material to misrepresent the origin of content;
• Submit any content that is subject to any disclosure restrictions;
• Submit any materials, information or content that infringes or violates any patent, copyright, trademark, or any other intellectual property rights;
• use the website to disseminate any information or content, including by e-mail, that is abusive, defamatory, libelous, harmful, obscene, invasive of third-party privacy, or information or content that could otherwise be considered to be objectionable;
• disrupt or interfere with the security of, or otherwise cause harm to the website or the systems resources;or
• use any robot, spider, other automatic device, or manual process to “screen scrape,” monitor, “mine,” or copy the web pages on the website or the content contained therein without Webdean, express, and written permission.
13. Limited Liability
IN NO EVENT SHALL EITHER HOST OR ITS AFFILIATES, OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR PARTICIPATION IN THE production, WHETHER BASED ON CONTRACT, TORT, WARRANTY, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, HOST LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION WILL AT ALL TIMES BE LIMITED TO THE AMOUNT CHARGED FOR THE PRODUCTION.
14. Use of Information
We reserve the right, and you authorize us, to the use and assignment of all of your information regarding your use of our website and participation in the production in any manner consistent with our terms and conditions. Host, as a rule, does not interfere with, modify or otherwise change your personal data, however, your data including all of your data with each and every Host email sent or going to be sent in the future is the property of the Host and can be reviewed, stored and used for the purposes known only to the Host and any affiliates it may choose. Host is under no obligation to extract any data from its database for the purposes of defending (or otherwise) in the court of law any Participant. You agree and submit that Host has the full rights to analyze any and all data that you willfully place onto the website or submit to us.
15. Dispute Resolution
In the event of claim or dispute (“Dispute”), both parties agree to resolve the Dispute by way of mediation conducted by a single mediator appointed by Host. If parties do not refer the Dispute to mediation or if mediation fails, both parties agree to resolve the Dispute by binding arbitration.
16. Choice of Law and Jurisdiction
This Agreement will be treated as if it were executed and performed in Switzerland, and will be governed by and construed in accordance with the laws of Switzerland without regard to conflict of laws provisions. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to our Website or production must be instituted within one (1) year after the cause of action arose or be forever waived and barred.
17. Complete Agreement
These Terms contains the entire agreement between you and us with respect to the subject matter hereof and shall be binding upon and inure to the benefit of the parties hereto. This Agreement supersedes and all understandings and representations, whether written, oral or otherwise, with respect to the subject matter hereof.
18. Further Information
Further information on these Conditions of use or any queries on them are available by contacting the Host using the detail below: