Terms & Conditions
Last updated: 23rd August 2023
Please take the time to read these Terms and Conditions (“Terms”) before using, visiting, viewing, purchasing from, or accessing Kati Photography, https://katiphotography.com and its sub-domains, affiliated sites and social media pages and Kati Photogarphy’s accounts on Facebook, Instagram, LinkedIn, Youtube, Pinterest and Whatsapp. (“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 Kati Photography/Kati Schneider, e-mail lists and sequences, courses, coaching services, recordings, templates, contracts, forms, guides, e-books, workbooks, website materials, products and tools (“Contents, Products and/or Services”) are owned by Kati Photography (“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.
By using, visiting, viewing, downloading, purchasing, and/or accessing our Contents, Products 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, Products 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, Products 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.
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.
USERNAME AND PASSWORD
When you access our membership areas, you will need to create a user account that entails the submission of a username or password. You agree to protect your username and password and keep it confidential.
We reserve the right to terminate your access to any of our Contents, Products and/or Services without refund, in case you share your username or password or if we have reasonable grounds to suspect that you shared your username or password for purposes of allowing anyone person, group or individual, to have access to our Services, and/or Products.
Our Contents are solely for Educational and Informational Purposes Only
The Contents and/or Services stated in the Sites are of general nature and are not intended to be personalised financial/medical/legal advice. All information and/or resources we share and provide are intended for private use and solely for informational and educational purposes. They are not guaranteed to be complete, accurate or up-to-date. We make no representation or warranty regarding the completeness, accuracy or reliability of the information provided on our Sites.
The Contents and/or Services provided in or through our Sites about you, your business, your career, or any aspect of your life are not intended to be a substitute for professional advice.
If you want personalised advice specific to your situation, consider seeking advice from a qualified professional in your locality or a professional that suits your individual circumstances.
We do not guarantee any specific Results
While we make every effort to ensure that we accurately represent our Contents and/or Services, and the value they provide, there is no guarantee that you will achieve specific results by following the techniques, ideas, tips, or strategies in our Contents and/or Services.
Your level of success in attaining the results claimed depends on several factors, such as your background, dedication, skills, motivation, level of effort, and commitment.
What we presented on our Site are examples of exceptional results. There is no guarantee that employing our techniques, ideas, tips or strategies, Contents and/or Services will yield the same results.
We cannot be responsible for your actions. You should use your due diligence when you use our Contents and/or Services.
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.
Actual product colour, texture, or size may vary from the images shown on our website. Every monitor or mobile display has a different capability to display colours, textures, or sizes; every individual may see these descriptions differently. In addition, lighting conditions when the photo was taken can affect an image’s colour, texture, or size.
The Product Descriptions contained on our Sites may have errors. We do not warrant that the descriptions are accurate, current, or error-free. We cannot guarantee that the colour, texture, or size you see accurately portrays the product’s actual colour, texture, or size.
Opinions that you find on our Site are those of the authors
The views and opinions expressed on our Site are those of the authors. They do not necessarily reflect the official policy or position of Kati Photography/Kati Schneider. Any content provided by our guest bloggers, authors, or speakers is their opinion.
Our views or opinions on our Site are personal. Unless explicitly stated, they do not reflect the ideas, ideologies, or points of view of any organisation we may be affiliated with in a professional or personal capacity.
Any views or opinions are not intended to malign any religion, ethnic group, club, organisation, company, or individual.
We do not make any representations as to the accuracy or completeness of any opinion expressed on Our Sites.
We will not be liable for losses, injuries, or damages from the display or use of these opinions.
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.
We do not warrant that the Contents and/or Services we provide are complete, reliable, current, or error-free. We do not warrant the accuracy, completeness, or reliability of any Third-Party Links or services you may find on our Sites. Any reliance you place on said Links, Contents and/or Services is, therefore strictly at your own risk.
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 Kati Photography/Kati Schneider, our employees, agents, contracts and subcontracts, 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.
Our working hours are from Monday to Friday, from 8:00hrs until 18hrs. 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.
All queries or clarifications from us regarding your order must be promptly responded to within five (5) 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 and/or refuse to deliver products, per this provision.
HOW TO ENGAGE OUR SERVICES
You may book our courses and services through our website or by filling in the enquiry 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 five (5) 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.
When you Download or Purchase any of our Services and/or Products, you may use online bank transfer, Twint or Credit Card.
Unless otherwise provided, all fees must be paid in full before we commence any service.
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.
If your payment method is declined, we will give you a grace period of 5 days to settle your account. After which, you will automatically lose access to any of our Contents, Products and/or Services you purchased without a refund of payments already made. The total cost of your purchase is still due, and you remain responsible for settling it despite your payment method being declined.
We do not entertain, tolerate or accept threats or actual chargeback from your credit card company placed on your purchase or download of any of our Services and/or Contents.
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 email@example.com 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.
You may be liable to pay the VAT when you purchase from our Site. You are responsible for determining the VAT rules where you reside.
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 15 per reminder mail sent on top of the outstanding payments.
We will also impose interests in accordance with the prevailing interest rates.
CANCELLATION BY THE CLIENT
You may cancel your order provided you inform us within 24 hours from the time you placed the order/booking, provided that we have not commenced any service or the creation of any product for you. Send your request to firstname.lastname@example.org.
If you reside in the European Union or the UK, you have the right to cancel within fourteen (14) days from the date of purchase, also known as the “cooling-off period.” However, this right only applies if your product is not personalised or you haven’t accessed or downloaded any part of the course or any digital product. By accessing or downloading the course or using any digital product during the cooling-off period, you give up your right to cancel.
ADDITIONAL RULES FOR CANCELLATION OF CLASSES/COURSES
There is a minimum number of students for each class to push through. Read carefully the class description before you sign up.
In case a class needs to be rescheduled due to a lack of participants, any fees you paid will be applied to the next available class. You will be given an opportunity to pick the class that suits your availability.
Due to the nature of our Services, you agree that all sales 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 email@example.com.
If you are a resident of the European Union or the UK, you can exercise your right to withdraw only if you did not personalise a product or access any of our digital products, or any of our photography sessions. By accessing or downloading the course, digital product, or using any photography sessions during the cooling-off period, you give up your right to a refund.
CANCELLATION OF SESSION
We reserve the right to refuse, modify or cancel any session, program 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.
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, the session is deemed forfeited. In which case, you acknowledge that you shall have no right to a refund or to reschedule.
The Site, Contents, Products and Services 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, Products 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, the course, 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, Products, 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 authorisation.
Any violation of our intellectual property rights and the Terms contained in this provision, including but not limited to unauthorised use, reproduction, copying, or dissemination of any of our Contents, Products, 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, Products or Services, you are only granted a non-exclusive, non-transferable, limited, and revocable license that covers personal use.
Unless otherwise authorised, 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, Products 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.
You may share our Content found on our Sites only after requesting and receiving written authorisation from us. You can direct your request at firstname.lastname@example.org.
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 accounts, 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 Kati Photography.
- You are not allowed to represent or imply that the Content is yours or was created for you.
If you use any of our Contents, Products and/or Services without our express authorisation or contrary to the authorisation we granted, you agree to pay liquidated damages of three (3) times the total fees you paid, or a minimum of CHF 3,000, whichever is higher, in addition to other remedies that we may be entitled to pursue.
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, Products and/or Services or engage in any act that violates our intellectual property rights, title, or interests.
You recognise 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 also permit us to take your photographs and make video and/or audio recordings of you (“Photographs and Recordings”) during our calls, webinars, workshops, or any other communications (“Communications”)
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 authorise 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.
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:
- Unfavourable weather conditions to be determined by the Photographer.
- Verifiable illness or injury of the Parties.
- Force Majeure or any circumstance or occurrence beyond the Photographer’s reasonable control, whether or not foreseeable at the time this Agreement was entered into, as a result of which, the Photographer cannot reasonably perform or execute its 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 the Coach’s suppliers or any third parties on which it relies on to perform its obligations.
You shall agree to reschedule any appointment/session in case of days considered as an excusable days under this provision. If the Force Majeure lasts for more than three months, the Parties may cancel the appointment/session without incurring liabilities.
MODIFICATION OF SERVICE AND PRICES
We reserve the right to modify our service, descriptions of services and/or products, 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 and/or products 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 and/or Products.
-performance of the Coach’s suppliers or any third parties on which it relies on to perform its obligations.
You shall agree to reschedule any appointment/session in case of days considered as an excusable days under this provision. If the Force Majeure lasts for more than three months, the Parties may cancel the appointment/session without incurring liabilities.
INDEMNIFICATION / HOLD HARMLESS
You agree to indemnify, defend and hold harmless Kati Photography/ Kati Schneider and 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.
Complaints and Grievances are to be settled under the next Section. You may not post or publish disparaging or defamatory remarks about the us, our business, or our services.
COMPLAINTS AND ARBITRATION CLAUSE
If you have any complaints or grievances, contact us first at email@example.com 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, you agree to submit it to a binding arbitration to occur in or nearest to Zürich, Switzerland.
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 or German.
You further agree that 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 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, Products and/or Services, no joint venture, employment, or agency relationship is created between you and us.
These Terms constitute the entire agreement between you and Kati Photography pertaining to our Sites, Contents, Products and/or Services. These Terms supersede all prior or contemporaneous agreements, representations, proposals, and understandings between us.
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. Changes to these terms or changes to this contract/agreement should be agreed upon both parties.
Any new Content, Products 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 at firstname.lastname@example.org.
ADDITIONAL TERMS FOR LIVE CLASSES, ACTIVITIES AND EVENTS
By participating in any of our live classes, activities and events, you hereby accept this Events Disclaimer:
In consideration of being allowed to register for, and participate in, an event, activity, class or experience (“Event”), I, the participant, hereby waive, release from liability assume all risks and covenant not to sue Kati Photography or their members and employees, for any expenses, loss, damage, personal injury (including loss of life, disability, or serious harm), negligence or actions (“Loss”) resulting from or arising in connection with my attendance at or participation in the Event and any related activities unless said Loss is caused by the sole, gross negligence of Kati Photography.
I agree that this waiver and release shall bind me and my personal representatives, and shall be enforceable to the fullest and broadest extent of the law, and if any portion is held invalid, the remainder should continue in full legal force and effect.
I understand and I am aware that my participation in the Event involves risks, including, but not limited to, physical activity, or activities that involve risk that I create for others or others may create for me.
These risks may lead to a Loss, and I nonetheless choose to participate in the Event, I am also aware that there are risks that I may not have considered, yet I waive my right to any claims that may occur from these unconsidered risks and I choose to participate in the Event.
I further understand and accept that Kati Photography shall have no responsibility whatsoever for any risks or loss that may arise due to my participation or attendance to Events and classes that are not hosted by Kati Photography.