TERMS AND CONDITIONS
Updated on 01 April 2024
Please take the time to read these Terms and Conditions (“Terms”) before using, visiting, viewing, purchasing from, or accessing Fotostudio Boudoir Boutique by Marina Siahaan, boudoir-boutique.ch and its sub-domains, affiliated sites and social media pages and Fotostudio Boudoir Boutique by Marina Siahaan’s accounts on Facebook, Instagram, LinkedIn, Tiktok, Youtube, Pinterest, Whatsapp and Twitter ("Site" / "Sites").
The Sites and all of the audio, visual, and written resources and information contained therein, including but not limited to blog posts, designs, documents, e-mails received from Fotostudio Boudoir Boutique by Marina Siahaan / Marina Siahaan, e-mail lists and sequences, courses, coaching services, recordings, templates, contracts, forms, guides, e-books, workbooks, website materials, products and tools (“Contents and/or Services”) are owned by Marina Siahaan (“We”, “Us” Our”).
These terms apply to all Users, Visitors, Viewers, Subscribers, Clients, and/or Customers of our Sites (“User”, “You”, and/or “Your”) and govern your use of, access to, and/or purchase from our Sites.
YOUR CONSENT
By using, visiting, viewing, downloading, purchasing, and/or accessing our Contents and/or Services, you consent and agree to be bound by these Terms.
You further warrant and acknowledge reading these Terms or, at the very least, had the opportunity to read them and chose not to do so.
You represent and warrant that you are at least 18 years of age. If you are under 18 years of age, you can only access, view or purchase anything from our Sites with the consent of your parent or guardian.
If you do not agree to ALL of these Terms, you are prohibited from using, visiting, viewing, downloading, purchasing, or accessing any of our Contents and/or Services.
RULES THAT APPLY TO OUR SITES
When you use, visit, view, download, purchase from, and/or access our Sites, you agree:
Not to harm, stalk, defame, threaten, offend, harass, abuse, or violate another person's privacy or legal rights through or on our Sites.
Not to post, upload, distribute, publish, or disseminate any names, materials, or information that is considered inappropriate, defamatory, obscene, unlawful, or indecent.
Not to use our Site in any way that will cause damage to us, our Site, or any of our users.
Not to send unsolicited e-mails to our users.
Not to transmit or post unwanted or unsolicited content to promote or sell your products or services.
Not to upload any files that contain viruses or worms that may destroy our operations or that of another user.
Not to transmit, share, download, copy, or post any content that infringes our intellectual property rights and that of other persons.
Not to use any of our Contents and/or Services to violate any laws or regulations.
We reserve the right to disclose any materials you posted or information you provided on our Sites to comply with any legal or governmental requests.
PERSONAL INFORMATION
To download or purchase our Contents and/or Services, you may be required to provide personal information about yourself, including but not limited to your name, e-mail address, billing address, payment details, and other personal information. Any identifiable information you provide us is governed by our Privacy Policy, which you can access here.
You agree to give only your own complete, accurate, correct, and up-to-date information.
You shall not create a false identity or sign an agreement as someone else when using, visiting, viewing, downloading, purchasing, and/or accessing our Sites.
While we strive to protect your personal information, no data transmission over the web can be guaranteed to be 100% secure. You agree that we cannot warrant the security of any information you transmit via the internet. You do so at your own risk when you share personal information.
DISCLAIMERS
Consent
You confirm that participation in the boudoir photography session is voluntary and that you are of legal age to consent to such photography.
You further accept that boudoir photography typically involves intimate or suggestive poses and attire. Images taken may include partial nudity or suggestive poses but will be created and handled with professionalism and discretion.
While boudoir photography may involve intimate themes, it is not intended to depict explicit or pornographic content. The client agrees not to request or engage in any activities or poses that would be considered indecent or inappropriate. You acknowledge that the purpose of such photography is to capture artistic and tasteful images celebrating beauty and sensuality.
Respectful Conduct
You agree to conduct yourself in a respectful manner throughout the session, and any accompanying individuals must also adhere to respectful behavior. Any inappropriate or disrespectful behavior will not be tolerated and may result in the termination of the session.
Confidentiality
Boudoir photography often involves personal and sensitive imagery. Fotostudio Boudoir Boutique by Marina Siahaan is committed to maintaining the confidentiality of all images and will not share or distribute them without the client's explicit consent.
We may use AI Technology
The use of artificial intelligence (AI) technology may be employed in various aspects of the photography services provided by Fotostudio Boudoir Boutique by Marina Siahaan. It is important to note that while AI algorithms assist in enhancing and optimizing certain aspects of the photographic process, they do not replace the artistic vision, creativity, and expertise of our photographers.
We encourage Clients to familiarize themselves with our distinct creative and personal style
It's important to understand that Marina Siahaan brings her distinct creative approach to each project, contributing to the individuality of her work. We encourage prospective clients to familiarize themselves with our portfolio and style before engaging our services to ensure compatibility.
We value open communication and collaboration with our clients to ensure that our creative style aligns with their preferences and expectations. Within the framework of our creative style, we aim to be flexible and adaptive to meet client needs while staying true to our artistic principles.
By engaging our photography services, you acknowledge and accept the importance of our photographer's creative and personal style in delivering the best possible results. You further acknowledge that you have had the opportunity to review examples of the photographer’s previous work and are aware of the artistic techniques, aesthetics, and preferences employed by the photographer.
By engaging the services of Marina Siahaan, you waive any right to refuse payment on the basis of dissatisfaction with the end result.
Screen and Monitor Color Disclaimer
The client acknowledges that variations in screen and monitor color calibration may affect the appearance of the photographs when viewed digitally. Fotostudio Boudoir Boutique by Marina Siahaan is not responsible for any discrepancies in color rendition due to differences in screen settings, calibration, or viewing conditions.
Photography Session Limitations
The parties agree to maintain cooperation and communication to achieve the best possible outcome within the scope of this assignment. However, due to the inherent limitations of photography sessions, the Photographer cannot be held responsible for:
Any requested photographs not taken or missed.
Lack of coverage resulting from weather conditions, scheduling complications caused by individuals present at the session, or venue restrictions.
Lost photo opportunities due to the presence of other cameras or flashes, or the lateness of clients or other principals.
The Photographer will endeavor to fulfill all requests but cannot guarantee the delivery of every image.
The Photographer is not responsible if key individuals fail to appear or cooperate during photography sessions or if any details crucial to capturing specific images are not disclosed to the Photographer in advance.
Testimonials, Feedback, and Positive Reviews are but examples
The testimonials, reviews, opinions, and statements presented on our Sites apply to the individuals depicted. They are examples, and there is no guarantee that you will achieve the same results achieved by other Users.
We do not claim that they are typical results that Users generally achieve. The testimonials are not necessarily representative of all those who use our Contents and/or Services.
The testimonials displayed are verbatim, except for correcting grammatical or typographical errors. Some have been shortened if the testimonial is lengthy or the entire testimonial seems irrelevant to the general public.
Fair Use Notice
We are aware that allowance is made for “fair use” for purposes such as criticism, comment, news reporting, scholarship, teaching, and research.
We do not own all our Content, and it is possible that we used Content owned by another person or entity. All rights and credit go directly to the rightful owners. We do not intend to infringe on the copyrights of others.
If you wish to use copyrighted material from our Site for purposes of your own beyond “fair use”, you must obtain permission from the copyright owner or us.
Our Site contains Content that you may consider offensive, controversial, or triggering. Use your discretion.
Our Sites may contain topics that Users may consider sensitive, profane, vulgar, violent, sexual, offensive, controversial, or objectionable. Some of our contents may trigger post-traumatic stress disorder.
By using, viewing, visiting, subscribing to, purchasing from, or accessing our Sites, you agree that you were informed and warned about the nature of some of our Content. Your discretion is advised.
Our Sites may contain Affiliate Links
Our Sites may include Third Party and Affiliate links. We may earn a commission if you click or purchase something from the said link.
We do not guarantee the safety of any third-party Links found on our Sites. We have no control over and assume no responsibility for the Content, services, courses, products, privacy policies, or practices you find on those third-party links. Proceed at your own risk.
Use your discretion when using products or services we endorse
Once in a while, our Site may feature sponsored posts for Products and Services that we tried. We will only provide a truthful evaluation of such Products and/or Services. However, we make no warranties, guarantees, or representations as to the success, effectiveness, or safety of said Products and/or Services. Use them at your own risk.
We do not guarantee or warrant any of our Contents and/or Services
While we make every effort to ensure that accurate information is disseminated on our Sites, we make no representation about the Contents and/or Services and their suitability to any and every purpose.
Our Contents and/or Services are provided “as is” and without an express or implied warrant.
Any representation or warranty that might be otherwise implied is expressly disclaimed, including but not limited to implied warranties of merchantability and fitness for any particular purpose and all warranties arising from a course of performance, course of dealing, or usage in trade.
You alone are Personally Responsible for your Actions
You acknowledge that you voluntarily used, viewed, purchased, subscribed to, downloaded from or accessed our Sites, Contents and/or Services. You alone are responsible for your choices, actions, and inactions. You agree to use your own judgment and due diligence before implementing any idea, suggestion, or recommendation from our Sites.
You agree that we are not liable to you or any third party
To the fullest extent permitted by applicable laws, you agree that we are not liable to you or others in any way or for any direct, indirect, special, incidental, consequential or punitive damages or claims arising out of your use, visit, subscription to, download from, purchase from or access of our Sites, Contents and/or Services, including but not limited to, liability or damages caused by viruses contained in electronic files in our Sites or any linked Sites, loss of income or profit or projected profit, loss or damage to property, claims of third parties, or your inability to access or Sites.
You hereby release, forgive, forever discharge Fotostudio Boudoir Boutique by Marina Siahaan / Marina Siahaan our employees, agents, contractors and subcontractors, from all claims including those related to personal or business interruptions, misapplication or information.
You agree that your sole remedy for any claim arising out of your use of our Sites, Contents and/or Services is to cease using them.
WORKING HOURS
Our working hours are from Tuesday until Saturday, from 10:00 AM until 12:00 PM and 2:00 PM until 5:00 PM. We do not answer e-mails, messages, or calls outside our working hours. We do not answer e-mails, messages, or calls during Public Holidays and announced Vacation/temporary closure.
PROMPT COMMUNICATIONS
All queries or clarifications from us regarding your order must be promptly responded to within fourteen (14) days from the time we sent the communication.
If we don't get a response, we will send reminder e-mails twice. If we do not receive a reply after the reminder e-mails are dispatched, we will assume that you do not want to proceed with your order and will terminate it immediately. No refunds for any amounts paid will be entertained in case we terminate the services per this provision.
HOW TO ENGAGE OUR SERVICES
You may book our services through our website or by filling up the inquiry form, giving us a call, an e-mail, or sending a direct message on any of our social media Sites. In case you send us an e-mail/message, we will strive to respond with a quotation/offer in accordance with our communications policy above. If you do not receive any reply from us within fourteen (14) working days, please re-send your e-mail/message.
All service requests are deemed accepted by us only upon the conclusion of a Service Agreement and payment of fees.
PAYMENT TERMS
When you Purchase any of our Services and/or Products, you may use of your Credit Card, TWINT or make a bank transfer.
Unless otherwise provided, all fees must be paid in full before we commence any service. Transfer fees, Bank fees and Foreign Exchange fees and surcharge shall be your responsibility.
In the rare instance that we allow payment of fees through installments, you shall pay according to the fee schedule or you give us permission to automatically charge the same payment method you used to pay the initial installment. You will receive your receipt via email following your Purchase. This receipt should be retained for your records.
We do not entertain, tolerate or accept threats or actual chargeback.
Should you request a chargeback, we reserve the right to report you to all credit card reporting agencies (CRA) or any other entity for inclusion in any chargeback or delinquent account database.
Our report, which includes your name, e-mail address, and billing address, could negatively impact your credit score/credit report.
You can only have the report removed by contacting us at info@boudoir-boutique.ch and arranging for the payment of any outstanding payment including administrative fees we will impose, of not less than CHF 150.00, to cover the time we spent defending ourselves from your chargeback.
INTERESTS AND REMINDER FEES
In case of non-payment of any fees or charges due, we shall attempt to send reminder e-mails.
We will impose a fee of CHF 20.00 per reminder mail sent on top of the outstanding payments.
We will also impose interests in accordance with the prevailing interest rates.
SERVICE CANCELLATION BY THE CLIENT
We do not allow cancellations. Please be sure that you are decided before booking any of our Services.
NO REFUNDS
Due to the nature of our Services, you agree that all sales and bookings are final. You agree and understand that no refunds shall be issued for whatever reason. If you have concerns or if there is anything we can do to ensure your satisfaction, please e-mail us at info@boudoir-boutique.ch.
CANCELLATION OF SESSION
We reserve the right to refuse, modify or cancel any session booked or product purchased, at our discretion. In such event, we will attempt to notify you using the email address or phone number you provided at the time the booking was made.
Unless the reason for cancellation is breach of our terms as enumerated in this document or any contract you signed with us, we will only issue you a pro-rated refund for fees paid for unused sessions.
WAITING POLICY
We have a fifteen-minute waiting policy. If you don’t inform us ahead of time that you will be late, or in case of no show, your photography session is deemed forfeited. In which case, you acknowledge that you shall have no right to a refund or to reschedule.
INTELLECTUAL PROPERTY
The Site, Contents, and Services and all other information and Intellectual Property, including without limitation, copyrights, trademarks, designs, patents, trade secrets, and proprietary information, accessible on or through our Sites, any third-party websites we may use to distribute or host our Sites, Contents, and/or Services, as well as e-mails we send to you, are owned by us and are protected by copyright, trademark, and other intellectual property laws.
Our name, service and product names, logos, designs, taglines, and slogans are our trademarks which you cannot use without our written permission.
By using, visiting, viewing, downloading, purchasing, and or accessing any of our Content, and/or Services, you do not gain any right, title, or interest in the said intellectual property unless we otherwise grant you rights through prior written authorization.
Any violation of our intellectual property rights and the Terms contained in this provision, including but not limited to unauthorized use, reproduction, copying, or dissemination of any of our Contents, and/or Services, shall be prosecuted to the fullest extent of the law.
LIMITED RIGHTS GRANTED TO YOU
When you purchase and/or download any of our Content, or Services, you are only granted a non-exclusive, non-transferable, limited, and revocable license that covers personal use.
Unless otherwise authorized, you cannot copy, share, forward, distribute, reproduce, republish, or otherwise disseminate, sell, license, rent, adapt, edit, translate, enhance, reverse engineer, or create derivative works from any of our Contents and/or Services.
Any violation of the Terms contained in this section shall be considered infringement and shall be prosecuted to the fullest extent of the law. We reserve any rights that are not expressly granted in these Terms.
CONTENT SHARING
You may share our Content found on our Sites only after requesting and receiving written authorization from us. You can direct your request at info@boudoir-boutique.ch.
Permission shall be conditioned on your agreement to abide by the following terms:
You may only share our content for personal use.
You will directly link to our Site or social media account.
You will credit us should you share our content on your blog, Site, social media account, or a third party's blog, Site, or Social Media Accounts.
You may not represent, claim, or imply that you are in any way associated with Fotostudio Boudoir Boutique by Marina Siahaan.
You are not allowed to represent or imply that the Content is yours or was created for you.
UNAUTHORIZED USE
If you use any of our Contents and/or Services without our express authorization or contrary to the authorization we granted, you agree to pay liquidated damages of three (5) times the total fees you paid, or a minimum of CHF 5,000, whichever is higher, in addition to other remedies that we may be entitled to pursue.
PIRACY
In case you violate or threaten to violate any of our intellectual property rights, titles, or interests through acts such as but not limited to pirating, enhancing, reverse engineering, usurping, or creating derivative works of our Contents, or Services, you agree to indemnify, pay and transfer to us all the earnings you gained or will gain through such violations, acts or negligence.
You further agree that we do not need to prove any pecuniary damage on our part, it being sufficient that we prove that you violated or threatened to violate any of our intellectual property rights, titles, or interests.
You likewise agree to indemnify us in the case through your acts or negligence, another person can make use, disseminate, distribute, or share our Contents and/or Services or engage in any act that violates our intellectual property rights, title, or interests.
You recognize that any violation or threatened violation of our Intellectual Property Rights, titles, or interests would cause irreparable injury to our business and reputation, which damages may not adequately compensate. Therefore, you agree that any such violation or threatened violation will entitle us to obtain injunctive relief without having to file a bond and other legal remedies we may pursue.
YOUR POSTS AND RECORDINGS OF GROUP/PERSONAL CALLS
When you submit comments, photos, posts, images, videos, or other contributions ("Media") to our Sites or any third-party Sites that we operate, you represent that you are the owner of such Media and that you are at least 18 years of age.
You grant to us, or any of our contracts or subcontracts, unlimited, royalty-free, irrevocable, unrestricted, non-exclusive license to print, copy, use, transmit, exploit, modify, create derivative works from, display your Media, Photographs, and Recordings in any manner, or for any purpose, and to include them in our current or future Services, and/or Products.
You authorize us to use your Photographs, Recordings, and Media, including your image and likeness, and to identify you as the person in the Photographs or Recordings or the individual or author who submitted the Media. We can identify you either by your name, e-mail address, social media handle, or screen name, for any purposes, including marketing, advertising, or commercial activities.
At any time, or for any reason, we can elect to cease using your Media, Photographs, and/or Recordings.
You further agree to grant us intellectual property rights to your Media, Photographs, and Recording without the need to ask permission or to compensate you, now or at any time in the future.
TERMINATION
In case you abuse, breach, or violate any of these Terms, our Privacy Policy, and any other terms you agreed to with us, we will terminate your use or access to our Sites and/or Services, without refund, at our sole discretion and without the need to notify you.
We will not be responsible for any claims, damage, or liability you may suffer arising from or in connection with such exclusion or discontinuance.
EXCUSABLE DAYS AND FORCE MAJEURE
The following are considered Excusable Days:
Unfavorable weather conditions to be determined by us;
Verifiable illness or injury of the Parties evidenced by a Doctor’s note.
Force Majeure or any circumstance or occurrence beyond our reasonable control, whether or not foreseeable at the time this Agreement was entered into, as a result of which, we cannot reasonably perform or execute our obligations, including, without limitations, acts of God, natural catastrophes, extreme weather conditions, strikes, lock-outs, terrorism, political and civil unrests, sabotage, industry-wide shortages, plant breakdowns, loss of electricity supply, cyber-attacks or non-performance of our suppliers or any third parties on which we rely on to perform our obligations.
You shall agree to reschedule any appointment/session in case of days considered as an excusable day under this provision. If the force majeure lasts for more than three months, the Parties has the right to withdraw from the contract and cancel any appointment/sessions without incurring liabilities.
MODIFICATION OF SERVICE AND PRICES
We reserve the right to modify our service, descriptions of services, and prices or discontinue any service, or any part or content thereof without notice to you and at our sole discretion.
We further reserve the right to limit the sales of our services to any person, geographic region, or jurisdiction.
We shall not be liable to you or any third party for any damage, loss, or injury you may suffer by virtue of any modification, price change, suspension, or discontinuance of our Services.
INDEMNIFICATION / HOLD HARMLESS
You agree to indemnify, defend and hold harmless Fotostudio Boudoir Boutique by Marina Siahaan, Marina Siahaan, our affiliates, officers, agents, contractors, licensors, service providers, suppliers, interns, and employees from any claim or demand, including reasonable attorney's fees, made by any third party due to, or arising out of your breach of the Terms or your violation of any law or rights of any third parties.
ASSIGNMENT OF RIGHTS
You agree that we can assign, transfer, and subcontract our rights and/or our obligations as stated under these Terms without having to notify you or wait for your consent. You are not allowed to assign, transfer and/or subcontract your rights and/or obligations stated under these Terms.
NON-DISPARAGEMENT
Complaints and Grievances are to be settled under the next Section. You may not post or publish disparaging or defamatory remarks about us, our business, or our services.
COMPLAINTS AND ARBITRATION CLAUSE
If you have any complaints or grievances, contact us first at info@boudoir-boutique.ch
so that we can resolve the dispute with you, to our mutual satisfaction, as quickly and effectively as possible.
If we cannot amicably resolve the dispute on our own, you agree to submit the dispute to a mediation proceeding before resorting to arbitration or litigation. The mediation shall take place within Fehraltorf or nearest Fehraltorf.
If Mediation fails, you agree to submit the dispute in a binding arbitration to occur in or nearest Fehraltorf only.
You agree and hereby waive any right to class arbitration. You further agree to conduct an arbitration solely based on your individual claim and/or entirely related to your claims against us.
The arbitral proceedings shall be concluded in English.
You shall be responsible for all the costs associated with initiating the arbitration proceedings and all related administration costs.
You hereby understand and agree that you are waiving your right to a jury or trial in any court of any jurisdiction, which would otherwise be available to you if not for this Arbitration Clause.
Any award or judgment that the arbitrator issues shall be binding. The only award that can be issued to you is a refund of any payment made to us for the particular Service, Course, or Product that you purchased from us. You agree that you are not permitted to seek additional damages, consequential, punitive, or otherwise.
NO RELATIONSHIP CREATED
You agree that by using our Contents and/or Services, no joint venture, employment, or agency relationship is created between you and us.
ENTIRE AGREEMENT
These Terms constitute the entire agreement between you and Fotostudio Boudoir Boutique by Marina Siahaan pertaining to our Sites, Contents and/or Services. These Terms supersede all prior or contemporaneous agreements, representations, proposals, and understandings between us.
SEVERABILITY
If any provisions of these Terms are held invalid, illegal, or unenforceable, any other provisions or part thereof not affected shall remain valid, in full force and effect. The provision rendered invalid, illegal, or unenforceable shall be changed or interpreted to best accomplish the objectives and purpose of the whole provision and/or these Terms.
CHANGES TO THESE TERMS
We reserve the right to update, replace, or change any part/s of these Terms without having to notify you personally. It is your responsibility to check these changes and to update yourself.
Any new Contents and/or Services we add to our Sites shall be subject to these Terms. By remaining and continuously using and/or purchasing from our Site after we posted the modifications, you are deemed to have implicitly and voluntarily accepted the changes to these Terms.
CONSENT TO GOVERNING LAW AND JURISDICTION
These Terms, claims, or disputes arising out of it shall be governed by the laws of Switzerland, without regard to its conflict of laws rules.
QUESTIONS AND CONCERNS
If you have any questions or concerns regarding these Terms and Conditions, please get in touch with us: info@boudoir-boutique.ch.