Legal document
General Terms and Conditions
Luca Bertone · Canton Ticino, Switzerland · Rev. 06 · March 2026
Still essence. No noise.
Definitions
For the purposes of these General Terms and Conditions, the following terms shall mean:
| Service Provider | Luca Bertone, professional photographer based in Canton Ticino, Switzerland. |
| Client | The natural or legal person commissioning a service. |
| Subject | The object, person, space or project of the service. |
| Quote | The written document defining services, prices, timelines and specific conditions for a custom assignment. |
| Price List | The public tariff available at www.atelier71.net, defining standard packages and prices. |
| Quote-based Assignment | A custom service governed by a written Quote, typically for architecture, editorial, industrial portraiture and heritage documentation projects. |
| Price List Assignment | A standard service governed by the current Price List, typically for real estate photography, construction sites, virtual staging and recurring commercial services. |
| Order Confirmation | The act of formal or implied acceptance of the Quote or Price List by the Client. |
| Material | All files delivered to the Client in the agreed versions. RAW files are not included unless explicitly agreed. |
| Usage Licence | The limited, non-exclusive right granted to the Client to use the Material within the limits set out in the Quote or Price List. |
Types of assignment
Applies to custom projects. Each assignment is preceded by a written Quote defining services, prices, timelines and specific conditions. The price reflects the complexity, duration and specific value of the project.
Applies to standard services. Prices are set by the current public Price List. Regular clients may book directly via the online calendar available at www.atelier71.net. A booking made via the calendar constitutes an Order Confirmation and implies full acceptance of these General Terms and Conditions and the Price List in force at the date of booking.
The websites www.lucabertone.net and www.atelier71.net constitute the visual and methodological reference for the quality of the work. Commissioning a service presupposes familiarity with this portfolio. Requests that contradict the visual style, operational methods or professional positioning documented on the websites are not accepted. The Service Provider reserves the right to decline assignments incompatible with its positioning, without obligation to give reasons.
Formation of contract
The contract is formed upon Order Confirmation, expressed in any form that unequivocally manifests the Client’s intention, pursuant to art. 3–10 of the Swiss Code of Obligations (CO). The Service Provider does not require written form as a condition of validity: any verbal, telephone or implied agreement is legally binding under the same conditions as a written agreement.
The following constitute valid Order Confirmation, by way of example and without limitation:
- written signature or acceptance of the Quote (email, message, online form);
- verbal or telephone acceptance, even without subsequent written confirmation;
- a booking entered in the online calendar, whether by the Client or by the Service Provider on the Client’s telephone or verbal instruction;
- payment of a deposit or any amount as confirmation;
- making the Subject available at the agreed time and place;
- any conduct by the Client that reasonably presupposes the existence of an agreement.
Where the Client communicates their intention to book by telephone or in person, and the Service Provider enters the booking in the online calendar on their behalf, such entry constitutes a valid Order Confirmation in all respects. The Service Provider will send the Client a summary email at the address provided. The absence of written objections within 24 hours is equivalent to confirmation of the contract. The Client may not invoke the absence of their own signature or personal access to the online calendar as grounds for invalidity of the booking. The Price List in force at the time of booking forms an integral part of the contract; subsequent changes do not apply retroactively to already confirmed assignments.
Validity and precedence
Unless otherwise agreed in writing, these Terms and Conditions take precedence over any general or specific conditions of the Client. The validity of prices stated in the Quote is limited to the expiry date indicated therein. Price List prices are valid until the publication of an updated Price List. Derogatory or supplementary agreements must be arranged in writing before the Quote is issued or the booking is made; subsequent amendments require written confirmation from the Service Provider.
Performance of services and cooperation obligations
The Service Provider performs services with the professional diligence required under art. 364 CO. The Client is obliged to:
- provide all information necessary for execution within the agreed timelines;
- guarantee access to the Subject at the times and in the manner set out in the Quote or booking;
- obtain any access authorisations, permits or licences required for the spaces or subjects of the service;
- promptly communicate any changes to the shooting conditions.
The impossibility of performing the service due to causes attributable to the Client — including denied access, non-conforming Subject or incorrect information — does not release the Client from the obligation to pay the agreed fee, unless otherwise provided in the Quote.
Additional services
Additional services or exceptions granted after the Order Confirmation — even if provided free of charge on a specific occasion — do not constitute a binding precedent or tacit amendment of the contract (art. 18 CO). Supplementary requests involving technical, logistical or post-production work not provided for will be invoiced separately, following prior notice to the Client.
Cancellations, postponements and force majeure
Cancellations or postponements must be communicated in writing at least 3 working days (72 hours) in advance. In the event of late notice or impediment attributable to the Client:
Regardless of the applicable cancellation fee, the Service Provider is entitled to full reimbursement of all costs already incurred at the time of cancellation — including travel, equipment hire, assistants, production materials and time spent on planning and pre-production. Such costs are documented and invoiced separately, and are added to the cancellation fee where the latter is less than the costs incurred.
Cancellations or postponements must be communicated in writing at least 24 hours before the agreed time.
The reference value is the package price in the Price List in force at the date of booking.
Force majeure events are those exceptional, unforeseeable circumstances not attributable to either party that make performance of the service objectively impossible, including: natural disasters, government orders, serious infrastructure failures, and serious unforeseen personal impediments affecting the Service Provider. In such cases, the parties will consult to agree an alternative date without applying penalties. If rescheduling is not possible within 90 days, either party may withdraw from the contract without compensation, subject to proportional payment for services already rendered and reimbursement of documented out-of-pocket costs. The Service Provider undertakes to notify the Client of any impediment as promptly as possible.
Copyright and intellectual property
The Service Provider is the sole and exclusive author of the works produced in the course of the assignment. All copyright remains the exclusive property of the Service Provider under the Swiss Federal Act on Copyright and Related Rights (CopA, SR 231.1), in particular art. 6–9 and 29–39 CopA.
The Service Provider reserves the right to use the Material for its own professional promotion, including on the websites www.lucabertone.net and www.atelier71.net, social media, trade publications and presentations to clients or publishers. The Service Provider may waive this right, in whole or in part, upon written request from the Client and subject to agreement on an additional fee.
AI and integrity — Any modification, digital manipulation or use through artificial intelligence systems (including AI training or machine learning) of the Material is prohibited without the Service Provider’s written consent, in accordance with the moral rights provided for by the CopA (art. 11 CopA).
Attribution — In the event of publication in newspapers, books or other editorial works, attribution of the author is mandatory. On professional portals or social media, attribution is recommended but not mandatory.
Usage licence
The Order Confirmation includes the grant to the Client of a limited, non-exclusive and non-transferable licence to use the Material solely for the purposes, formats and territories specified in the Quote or Price List (art. 10 and 16 CopA). The licence does not include:
- ownership of the files or copyright;
- the right to transfer to third parties or sub-licence without prior written authorisation;
- use for purposes other than those specified in the Quote or Price List;
- substantial modification of the works without the Service Provider’s written consent.
RAW files are not part of the standard delivery. Additional uses beyond the original licence are subject to a supplementary quote.
Digital Staging and processed images — Images provided as Digital Staging, virtual staging or with seasonal modifications are intended exclusively for promotional and marketing use, and do not represent the actual condition of the property. They may not be modified, including manipulation via AI, without the Service Provider’s written consent. The original images may be used by the Client also for official or banking documentation, in accordance with the licence conditions indicated.
Joint liability — In the event of unauthorised transfer of the Material by the Client to third parties, the Client shall be jointly and severally liable for any economic damages suffered by the Service Provider arising from such transfer.
Authorisations and releases
The Client warrants having obtained all necessary authorisations prior to the shoot: releases from identifiable individuals (model release, art. 28 CC and nFADP, SR 235.1), authorisations for private spaces (property release), licences for the reproduction of third-party works. The Client indemnifies and holds the Service Provider harmless from any claim arising from the absence or invalidity of such authorisations.
Delivery and file retention
The Material is delivered via a dedicated download link sent to the Client’s email address. Files remain available for download for 14 days from the date the link is sent. The Service Provider does not guarantee retention of files beyond that period: the Client is responsible for saving and storing the Material received. Delivery is conditional on full payment of the agreed fee.
Prices, payment and default interest
All prices are expressed in Swiss francs (CHF), excluding VAT. The Service Provider currently operates as a non-VAT-registered entity pursuant to art. 10 of the Swiss VAT Act (VATA, SR 641.20). Should the statutory threshold be reached, VAT will be added to the listed prices and charged to the Client.
Payment terms:
- Quote-based Assignment: deposit of 30–50% upon Order Confirmation for assignments exceeding CHF 500; balance by the date indicated on the invoice.
- Price List Assignment: payment by the date indicated on the invoice or in the Quote.
- In the absence of a specific indication: payment is due within 15 days of the invoice date.
In the event of late payment, default interest accrues automatically at the rate of 5% per annum (art. 104 CO), without the need for formal notice. The Service Provider reserves the right to suspend further services where outstanding invoices remain unpaid.
Debt management
Failure to pay within the agreed terms triggers the following progressive measures:
Inspection and complaints
The Client must inspect the delivered Material within 7 days of receiving the download link. Any discrepancies from the agreed specifications must be communicated in writing within that period (art. 201 CO by analogy). Once that period has elapsed without complaint, the Material is deemed accepted. Stylistic, chromatic and compositional choices by the Service Provider that are consistent with the portfolio published at www.lucabertone.net and www.atelier71.net are not considered defects.
Limitation of liability
All liability for indirect damages, loss of profit, loss of data after delivery, defects arising from incorrect information provided by the Client, or unforeseeable environmental conditions is excluded. The Service Provider’s maximum liability is in any case limited to the value of the Quote or Price List package for the specific assignment.
Third-party digital tools
The Service Provider uses software tools and digital services provided by third parties — including post-production software, cloud storage platforms, booking systems, invoicing tools, virtual staging software and AI-based applications. The Service Provider has no control over these tools and is not a party to the contracts governing them.
Should third-party providers unilaterally change their prices in a way that impacts the Service Provider’s operating costs, the Service Provider reserves the right to update the Price List or adjust prices in future Quotes, with written notice to the Client before the document is issued. Such changes do not apply retroactively to already confirmed assignments.
The Service Provider is not liable for delays or temporary impossibility caused by the interruption or malfunction of third-party digital tools. In such circumstances, the Service Provider undertakes to identify alternative solutions and promptly communicate the situation to the Client. Interruption of third-party digital services does not constitute a breach by the Service Provider and does not entitle the Client to penalties or refunds, except in the case of wilful misconduct or gross negligence by the Service Provider.
Some of the digital tools used by the Service Provider may transmit or store data on third-party servers, including outside Switzerland or the European Economic Area. The Service Provider undertakes to give preference to tools that declare compliance with the nFADP and, where applicable, the GDPR, but cannot guarantee the behaviour of systems over which it has no direct control. For particularly sensitive data or assignments subject to specific confidentiality obligations, the Client is invited to notify the Service Provider in writing before work begins.
Personal data protection
The Service Provider processes the personal data of the Client and Subjects in accordance with the new Swiss Federal Act on Data Protection (nFADP, SR 235.1, in force since 1 September 2023) and, where applicable, the EU GDPR. Data collected is used exclusively for the performance of the contract and administrative management, and is not disclosed to third parties without explicit consent, except where required by law. The Client is responsible for informing photographed Subjects about the processing of their personal data. Reference is made to art. 15.3 for limitations relating to third-party digital tools.
Governing law and jurisdiction
These General Terms and Conditions and all contractual relationships with the Service Provider are governed exclusively by Swiss law, excluding conflict-of-laws rules. The reference language for interpretation of the contract is Italian.
Exclusive jurisdiction for any dispute lies with the Justice of the Peace of Torricella-Taverne and, for cases exceeding that court’s jurisdiction, the District Court of Lugano (Canton Ticino, Switzerland), pursuant to art. 17 CPC. For contracts with private consumers, jurisdiction is determined pursuant to art. 32 CPC. The parties undertake to attempt an amicable settlement within 30 days of written notice of the dispute before initiating legal proceedings.