Terms and Conditions

1. Image editing

Professional editing of the photographs selected by CuBu Photography GmbH is included in the agreed price. Editing is carried out in the individual visual style of CuBu Photography GmbH and includes, in particular, adjustments to colour and brightness, contrast, cropping and general image optimisation.
The selection and type of editing, as well as the decision as to whether an image is delivered in colour or black and white, are at the discretion of CuBu Photography GmbH and form part of its artistic work.
Extensive retouching, in particular comprehensive skin retouching, body alterations, the removal or addition of persons or objects, as well as any other subsequent image manipulation, is not included in the standard editing service. Such work may be carried out upon prior agreement and at an additional charge.
There is no entitlement to subsequent changes to the agreed visual style, re-editing, or the additional delivery of alternative edited versions (e.g. black-and-white images additionally provided in colour or vice versa).

2. Number of images

There is no fixed or guaranteed minimum or maximum number of images. The couple will receive all photographs selected by CuBu Photography GmbH as successful and suitable in terms of quality and which have been fully edited.
The selection of the delivered images is made exclusively by CuBu Photography GmbH according to photographic, technical and artistic criteria. Images that are not selected, in particular test shots, duplicates, blurred images or photographs that are technically or artistically unsuitable, do not form part of the agreed services and will not be delivered.
The number of final photographs delivered may vary depending on the duration, schedule, circumstances and events of the respective wedding coverage.

3. Delivery of the files

For wedding coverage of 8 hours or more, the couple will receive the fully edited photographs and, if booked, the final wedding film additionally on a USB drive.
The photographs will also be made available for viewing and download via a password-protected online gallery. The couple may share the access details with their guests.
The online gallery and USB drive will only be provided once payment has been received in full.
Once the photographs and films have been delivered, the couple is responsible for their permanent storage and backup. CuBu Photography GmbH is under no obligation to archive the files permanently.

4. Booking and payment

The wedding date is only considered firmly reserved once a deposit/date reservation fee amounting to 50% of the total amount has been received.
If no deposit is received within 7 days of signing the contract, an administrative fee of CHF 250.– will be charged.
The remaining balance becomes due immediately after completion of the wedding coverage and must be paid in full within 7 calendar days of the invoice date.
The agreed editing and delivery period for photographs and/or films remains unaffected by this. Full payment of the outstanding balance is not conditional upon prior delivery of the final photographs or films.
Final delivery will only take place once payment has been received in full.

5. Price guarantee

The price agreed in the contract applies to the scope of services specified therein. No additional or hidden costs will arise provided that the booked scope of services remains unchanged.
Additional services, subsequent extensions of coverage time, special requests or other additional services requested by the couple will only be provided upon prior agreement and may be charged separately.
Additional costs resulting from special requirements that were not known in advance or from subsequent changes requested by the couple are not included in the originally agreed price.

6. Cancellation by the couple

If the wedding is cancelled by the couple, there is no entitlement to a refund of the date reservation fee already paid. This fee serves to firmly reserve the agreed wedding date and compensates for other enquiries for that date having been declined.
Services already provided or costs incurred specifically in connection with the assignment may be invoiced additionally.
We recommend that the couple take out suitable wedding and/or event insurance to provide protection against unforeseen circumstances.

7. Schedule on the wedding day

The couple must ensure that all persons relevant to the wedding coverage are available punctually and at the agreed times and that required details such as rings, bridal bouquet, stationery, accessories and decorations are made available in good time.
CuBu Photography GmbH must be granted the necessary access to all locations relevant to the photographic and film coverage. Unless otherwise agreed, any necessary permits, access authorisations or approvals must be obtained by the couple or event organiser.
A schedule agreed upon in advance serves as a guideline. Delays, last-minute changes or deviations from the actual schedule of the day may affect planned photographs, filming and programme elements.
Delays not caused by CuBu Photography GmbH do not automatically extend the agreed coverage time. If individual planned photographs or programme elements cannot be captured, or can only be captured to a limited extent, as a result of such delays, this does not constitute inadequate performance.
An extension of the agreed coverage time may be possible upon agreement and at an additional charge, subject to staff availability and scheduling capacity.

8. Restrictions by third parties

If photographic or film coverage is restricted or prohibited due to requirements or restrictions imposed by third parties, in particular churches, civil registry offices, venues, event organisers, authorities or other service providers, CuBu Photography GmbH cannot be held responsible for photographs or footage that cannot be captured as a result.
The couple is responsible for obtaining all necessary permissions and approvals for photography and filming at the respective locations in good time, unless expressly agreed otherwise.
If a planned photograph or recording cannot be made due to access restrictions, house rules, official regulations, safety requirements or other circumstances beyond the control of CuBu Photography GmbH, this does not constitute inadequate performance and does not give rise to any entitlement to a price reduction or refund. Mandatory statutory rights remain unaffected.

9. Rescheduling

If the couple requests that the agreed wedding date be rescheduled, a rebooking fee of CHF 500.– will apply.
A new date must be agreed mutually and is subject to the availability of CuBu Photography GmbH on the requested replacement date. There is no entitlement to a specific replacement date.
If CuBu Photography GmbH is already booked on the requested new date or if no replacement date suitable for both parties can be agreed upon, this will be treated as a cancellation by the couple. In this case, the date reservation fee already paid will not be refunded.
Any price changes or changes to the scope of services resulting from the new wedding date remain reserved.

10. Photographic style

The couple acknowledges and accepts the style of CuBu Photography GmbH. Variations resulting from lighting conditions, locations or weather do not constitute a defect.
Wedding coverage is a documentary and artistic overall service. No guarantee is given for specific individual images, subjects, persons, situations, perspectives, sequences or photographs unless these have expressly been agreed in writing as specific contractual deliverables.
Requests, shot lists and schedules serve as guidelines and, depending on the actual course of the day, lighting and weather conditions, local circumstances, delays and restrictions imposed by third parties, may not always be fully implemented.

11. Data backup

Once the final photographs and/or films have been delivered, the couple is responsible for their permanent storage and for creating suitable backup copies.
CuBu Photography GmbH archives the final delivered photographs and films for a period of 12 months from the date of delivery. Within this period, the files may, where possible, be provided again in the event of data loss.
After the 12-month period has expired, there is no obligation to continue archiving or to provide the data again. Permanent storage of the photographs and films by CuBu Photography GmbH does not form part of the agreed services.
Unselected photographs, RAW files, raw footage, project files and working files are excluded from this retention period and may be deleted at any time after completion and delivery of the assignment.

12. Copyright and usage

All copyrights and other intellectual property rights relating to photographs, videos and other works created by CuBu Photography GmbH remain exclusively with CuBu Photography GmbH unless expressly agreed otherwise in writing.
Upon full payment, the client receives a non-exclusive, non-transferable and unlimited-in-time right to use the delivered photographs and videos for private purposes.
If the client does not wish CuBu Photography GmbH to publish, display or use any photographs and/or film footage for its own presentation or promotional purposes (a complete “opt-out”), this request must be communicated in writing before the contract is concluded and must be expressly recorded in the contract.
A surcharge of 50% of the agreed total contract value will be charged for a complete opt-out.
Any commercial use, publication or use of the photographs or footage by third parties – in particular companies, hotels, venues, wedding service providers, agencies or other commercial organisations – requires the prior written consent of CuBu Photography GmbH and may be subject to payment of an appropriate licensing fee.
Providing the photographs or footage to third parties for the purpose of commercial use or advertising does not grant any usage rights to those third parties.
In the event of use without the required consent, CuBu Photography GmbH is entitled to claim the customary licensing fee as well as any further statutory remedies available under applicable copyright law.
The personal rights of the persons depicted remain unaffected by these provisions.

13. Delivery time

The editing period is 10 to a maximum of 12 weeks from the wedding date.
Any complaints must be submitted within 7 days of delivery of the photographs.
If full payment is only received after the wedding date, the editing period will commence accordingly on the date on which payment is received in full.

14. Backup equipment

CuBu Photography GmbH works with professional photography and film equipment and carries appropriate backup equipment for wedding coverage, including additional cameras and lenses.
Despite careful preparation and regular maintenance, a technical failure of individual pieces of equipment cannot be completely ruled out. In such a case, coverage will, wherever possible, continue using the available backup equipment.
A temporary technical failure of individual equipment does not constitute inadequate performance provided that the agreed services can continue to be performed using the available replacement or backup equipment.

15. Liability

CuBu Photography GmbH is liable, within the scope of the applicable statutory provisions, for damage caused intentionally or through gross negligence.
Liability for ordinary negligence is excluded to the extent permitted by law.
No liability is assumed for failure to perform or delays resulting from force majeure or other circumstances beyond the control of CuBu Photography GmbH, including in particular illness, accidents, natural events, official orders, traffic or travel disruptions and comparable unforeseeable events.
If the agreed services cannot be provided in whole or in part due to such an event, CuBu Photography GmbH will, where possible and reasonable, endeavour to arrange a suitable alternative solution.
Liability for circumstances beyond the control of CuBu Photography GmbH or caused by the couple, guests, venues, other service providers or other third parties is excluded to the extent permitted by law.
Mandatory statutory liability provisions remain unaffected.

16. Replacement photographer in an emergency

If a team member assigned to the booking is unable to carry out the assignment due to illness, accident, force majeure or another unforeseeable event for which they are not responsible, CuBu Photography GmbH is entitled to appoint a suitable and, as far as possible, equivalent replacement photographer or videographer.
In such a case, CuBu Photography GmbH will endeavour to provide a professional replacement whose quality and style correspond as closely as possible to the standards of the company.
There is no entitlement to performance of the services by a specific team member unless this has expressly been agreed in writing.
If, despite reasonable efforts, no suitable replacement can be found and the agreed services therefore cannot be provided, payments already made for the services that cannot be provided will be refunded.
Further claims for damages are excluded to the extent permitted by law. Mandatory statutory rights remain unaffected.

17. No Guarantee of Specific Images or Programme Elements

FCuBu Photography GmbH provides its services as part of documentary and artistic photographic and/or film coverage.
No guarantee is given for specific individual photographs, subjects, persons, situations, perspectives or programme elements unless these have expressly been agreed in writing as specific contractual deliverables.
Requests, shot lists, schedules or timelines provided by the couple generally serve as guidelines and do not constitute a guarantee that all listed photographs, situations or programme elements will be captured in full.
The ability to capture individual photographs or footage may be affected or prevented in particular by the actual course of the day, delays, lighting and weather conditions, local circumstances, the behaviour of guests or other service providers, as well as legal, official or safety-related restrictions.
If individual requested or planned photographs cannot be created due to circumstances for which CuBu Photography GmbH is not responsible, this does not constitute a defect in the overall service and does not give rise to any entitlement to a price reduction or refund. Mandatory statutory rights remain unaffected.

18. Travel costs

Travel within a radius of 20 km from Hinwil is included in the agreed price.
For travel beyond this radius, CHF 0.70 per kilometre travelled will be charged.
For travel times exceeding one hour, additional travel-time charges and, where applicable, accommodation, parking, toll or other necessary travel expenses may apply. These will be communicated to the couple in advance or agreed individually.
If an overnight stay is required due to the distance or schedule, the corresponding costs will be charged additionally.
For destination weddings or assignments involving exceptional travel requirements, travel expenses, accommodation and other expenses will be agreed individually and specified in the respective quotation and/or contract.

19. Weather conditions

CuBu Photography GmbH accepts no responsibility for restrictions, delays or the cancellation of individual planned photographs or recordings due to weather or lighting conditions.
In unsuitable weather conditions, particularly rain, storms, snow, extreme heat or cold, CuBu Photography GmbH will determine whether and to what extent outdoor photography or filming can take place, taking into account the safety of persons and equipment as well as the photographic and filming possibilities.
Where possible, alternative locations or creative solutions will be proposed and implemented.
There is no entitlement to specific outdoor photographs, lighting conditions, weather atmospheres or the subsequent recreation of individual photographs.
Weather-related restrictions for which CuBu Photography GmbH is not responsible do not constitute inadequate performance and do not give rise to any entitlement to a price reduction or refund. Mandatory statutory rights remain unaffected.

20. Guests and privacy

The couple is responsible for informing their guests and any other persons present in advance that the event will be photographed and/or filmed.
If individual guests expressly do not wish to be photographed or filmed, CuBu Photography GmbH should be informed, wherever possible, before the start of the coverage.
CuBu Photography GmbH will take such requests into consideration to the extent that this is organisationally and practically reasonable.
When selecting and publishing photographs or footage, CuBu Photography GmbH takes care to treat the persons depicted respectfully.
Compromising, degrading or obviously inappropriate photographs or footage will not be used for publication or promotional purposes.
The personal and data protection rights of the persons depicted remain unaffected.

21. Use of drones

Drones will only be used where weather conditions, local circumstances, applicable legal and regulatory requirements and the necessary safety conditions permit a flight.
Unless expressly agreed otherwise in writing, drone footage does not constitute a guaranteed individual service.
The decision as to whether a drone flight can be carried out safely and legally under the respective conditions is at the discretion of CuBu Photography GmbH.
If a drone flight cannot be carried out due to legal or regulatory requirements, no-fly or restricted zones, missing permits, requirements imposed by venues or property owners, weather conditions, safety concerns or other circumstances beyond the control of CuBu Photography GmbH, this does not constitute inadequate performance.
The cancellation or restriction of drone footage for such reasons does not give rise to any entitlement to a price reduction, refund or subsequent replacement footage. Mandatory statutory rights remain unaffected.

22. Selection and RAW files

The selection of photographs to be edited and finally delivered is made exclusively by CuBu Photography GmbH according to photographic, technical and artistic criteria.
Unselected or unedited photographs and RAW files do not form part of the agreed services and will generally not be provided.
The same applies to film footage. Unedited video footage, raw footage, individual video clips, audio files, project files and working files will not be provided unless expressly agreed otherwise in writing.
There is no entitlement to inspect, receive or request subsequent editing of unselected photographs or film footage.

23. Social media tagging

When publishing photographs on social media, CuBu Photography GmbH requests that it be tagged or credited as the creator.
The delivered photographs may not be altered from their original visual style through filters, presets, colour changes, retouching or other edits.
This applies in particular to subsequent changes to colour or brightness as well as other creative alterations.
Cropping required for the respective social media platform is permitted provided that the character of the photograph is not materially altered.
Commercial use or publication by companies, venues, service providers or other third parties is governed by the provisions set out in Section 12 of these General Terms and Conditions.

24. Break & Meals

For assignments lasting several hours, CuBu Photography GmbH and/or the photography and film team must be given the opportunity to take reasonable short breaks and receive appropriate meals and refreshments.
The timing and duration of breaks will, wherever possible, be arranged so that important programme elements are not affected.
For assignments of 6 hours or more, the couple must provide each team member with an appropriate hot meal as well as sufficient non-alcoholic beverages.
Where possible, meals should be provided at the same time as the couple and/or guests so that the team is available again for the programme elements that follow.
If, contrary to this agreement, appropriate meals are not provided, the team is entitled to arrange its own meals during the booked coverage time and, if necessary, temporarily leave the venue for this purpose.
The time required for this forms part of the booked coverage time and will neither extend the booked coverage period nor reduce the agreed remuneration.
Necessary short breaks, particularly for meals, use of restroom facilities or rest during an assignment lasting several hours, form part of the booked coverage time and do not constitute an interruption or reduction of the agreed services.
There is no entitlement to continuous photographic or film coverage while meals are being taken or during necessary breaks.

25. Clothing & Appearance

CuBu Photography GmbH ensures that its appearance at weddings and events is well-groomed, professional and appropriate to the occasion.
The specific choice of work clothing and footwear is at the discretion of the respective team member and takes into account, in particular, the practical requirements of several hours of photography and film coverage, weather conditions, the location and the necessary freedom of movement and safety.
If the couple, event organiser or venue has specific dress codes or mandatory clothing requirements, these must be communicated in writing no later than 14 days before the event date.
Such requirements will only apply if they have been expressly confirmed by CuBu Photography GmbH.
In the absence of a specific clothing requirement agreed in writing in advance, a subsequent subjective assessment of the work clothing or appearance of individual team members does not constitute inadequate performance and does not give rise to any entitlement to a price reduction or refund.

26. Additional Services Available Before or on the Wedding Day

CuBu Photography GmbH ensures that its appearance at weddings and events is well-groomed, professional and appropriate to the occasion.
The specific choice of work clothing and footwear is at the discretion of the respective team member and takes into account, in particular, the practical requirements of several hours of photography and film coverage, weather conditions, the location and the necessary freedom of movement and safety.
If the couple, event organiser or venue has specific dress codes or mandatory clothing requirements, these must be communicated in writing no later than 14 days before the event date.
Such requirements will only apply if they have been expressly confirmed by CuBu Photography GmbH.
In the absence of a specific clothing requirement agreed in writing in advance, a subsequent subjective assessment of the work clothing or appearance of individual team members does not constitute inadequate performance and does not give rise to any entitlement to a price reduction or refund.

27. Validity of the Terms and Conditions

These General Terms and Conditions form an integral part of the respective contract and are deemed accepted by the couple upon signing the contract.
The version of the General Terms and Conditions valid at the time the contract is concluded shall apply.
Subsequent amendments to these General Terms and Conditions shall have no effect on contracts already concluded unless expressly agreed otherwise in writing.
Individual written agreements contained in the respective contract shall take precedence over these General Terms and Conditions.
The German version of these General Terms and Conditions shall prevail.