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Terms & Conditions

General Terms and Conditions of NextGenStudio, Zermatt, Switzerland · Version 1.0, 21 October 2026

1. Scope

  1. These Terms & Conditions ("Terms") apply to all services of NextGenStudio ("we", "us") for business clients and private clients ("Client"), in particular film and video production, photography, drone and aerial footage, 360° virtual tours, AI chatbots, e-mail marketing, NFC review cards, editing and related consulting.
  2. Deviating terms of the Client apply only if we have accepted them in writing. Individual written agreements (quote, order confirmation) take precedence over these Terms.

2. Quotes and conclusion of contract

  1. Information on our website, in brochures and presentations is not a binding offer. Prices published on our website are indicative list prices.
  2. Our quotes are valid for 30 days unless stated otherwise. A contract is concluded when the Client accepts our quote in writing (e-mail is sufficient) or when we confirm an order in writing.
  3. The scope of services is defined in the quote. Additional work, extra shooting days, extra revisions or changes requested after the quote has been accepted are charged separately at our current rates.

3. Prices and payment

  1. All prices are in Swiss francs (CHF). We are currently not registered for VAT, so no VAT is charged.
  2. Unless agreed otherwise, we invoice a deposit of 50 % on order confirmation and the remainder on delivery. Monthly services (for example chatbot hosting and maintenance, newsletter management) are invoiced monthly or annually in advance.
  3. Invoices are payable within 10 days without deduction. If payment is late, we may charge default interest of 5 % per year, suspend ongoing work, deactivate hosted services (chatbots, virtual tours) and withhold the delivery of final files.
  4. Travel outside the Zermatt area, accommodation, special permits, location fees, models, licensed music and other third-party costs are charged separately unless included in the quote.

4. Client's responsibilities

  1. The Client provides on time all information, access, materials and contact persons needed for the project.
  2. The Client is responsible for ensuring that filming may take place at the agreed locations, in particular for obtaining the consent of the property owner and any permits required by the property, the municipality or other authorities, unless we have expressly agreed to obtain them.
  3. The Client informs guests, staff and other persons present at the location about the shoot and obtains the consent required for recognisable persons to be filmed or photographed. We provide release forms on request.
  4. The Client warrants that all materials it provides (texts, logos, images, music, data) are free of third-party rights or that it holds the necessary licences, and indemnifies us against all third-party claims arising from such materials.
  5. The Client is responsible for the content it approves for publication, including its accuracy and legal compliance (in particular advertising, competition and consumer law).

5. Production, weather and safety

  1. Outdoor, mountain and aerial productions depend on weather, light, snow, avalanche and wind conditions. We decide on site whether a shoot or flight can be carried out safely. If it cannot, we agree a new date with the Client; this is not a breach of contract and does not entitle the Client to compensation.
  2. Safety comes first: we may interrupt or stop filming or drone flights at any time if persons, property or the aircraft could be put at risk, or if instructed by authorities, lift operators or the property.
  3. We are registered as a drone operator with the Federal Office of Civil Aviation (FOCA) and insured for drone operations. Drone flights are only carried out in accordance with the applicable Swiss regulations, within permitted zones, and with the consent of the landowner where required. We cannot guarantee that particular aerial shots are possible at a specific location or time.
  4. Rescheduling for reasons beyond our control (weather, illness, accidents, closures, official orders, travel disruption) is not a breach of contract.

6. Cancellation and postponement by the Client

  1. The Client may postpone a confirmed shooting date once free of charge up to 7 days before the date.
  2. If the Client cancels or postpones later, we may charge: 50 % of the fee for the affected shooting days if notice is given 7 to 2 days before, and 100 % if notice is given less than 48 hours before or if the shoot cannot take place due to reasons attributable to the Client (for example no access, location not ready, missing permits).
  3. Costs already incurred (travel, bookings, third-party services) are always reimbursed. Deposits are non-refundable once preparatory work has begun, but are credited to a new date booked within 12 months.

7. Delivery, revisions and acceptance

  1. Delivery dates are estimates unless expressly agreed as fixed dates. Delays caused by late feedback or late materials from the Client extend delivery times accordingly.
  2. Unless otherwise agreed, each deliverable includes two rounds of revisions. Revisions must be requested in writing in one consolidated list. Changes to the concept, script or footage after approval count as new work.
  3. Deliverables are deemed accepted if the Client does not raise specific, justified objections in writing within 10 days of delivery, or as soon as the Client publishes or uses them.
  4. Raw footage, project files and unused material are not part of the deliverables and are not handed over unless agreed in writing and paid for separately. We archive project data for 6 months after delivery; we are not obliged to store it longer.
  5. Creative choices within the agreed brief (for example style, shots, editing, music selection) are at our discretion and are not a defect.

8. Rights of use

  1. All copyrights and other rights in our work remain with NextGenStudio.
  2. Upon full payment, the Client receives a non-exclusive, non-transferable right to use the final deliverables for its own marketing purposes, worldwide and without time limit, unless the quote states otherwise. Until full payment, any use is not permitted.
  3. Resale, sublicensing to third parties or editing of the deliverables by third parties requires our written consent.
  4. Music, stock footage, fonts and other third-party content are royalty-free or licensed and are used under the licence terms of the respective provider. Platforms (for example YouTube or Instagram) may still automatically flag such music; this is not a defect. If the Client supplies its own music or wants specific commercial tracks, the Client is responsible for the licence.
  5. We may show the deliverables and behind-the-scenes material in our portfolio, on our website, social media and in pitches, and name the Client as a reference, unless the Client objects in writing before the shoot for good reason (for example confidentiality).

9. Digital services: AI chatbots, newsletters, virtual tours, NFC cards

  1. AI chatbots: answers are generated automatically by AI language models and may be incorrect, incomplete or outdated. We configure the chatbot with the information provided by the Client but give no warranty that every answer is correct. The Client is responsible for checking the knowledge base, for the information given to its guests, for labelling the chatbot as an AI assistant and for the related privacy information on its website. We are not liable for decisions, bookings or damages based on chatbot answers.
  2. Third-party platforms: chatbots, virtual tours, newsletters and similar services run on third-party platforms (for example AI model providers, hosting, e-mail and tour platforms). We are not liable for their outages, price changes, changes of functionality or terms, or for discontinuation. Additional costs caused by such changes may be passed on after notice. We aim for high availability but guarantee no particular uptime.
  3. Newsletters: the Client is the sender and is responsible for ensuring that all recipients have validly consented, that every message contains a clear unsubscribe option and the sender's identity, and that its mailing lists comply with Swiss and EU law (in particular Art. 3(1)(o) of the Swiss Unfair Competition Act). The Client indemnifies us against claims arising from its lists or content.
  4. Data protection: where we process personal data on behalf of the Client (for example chat logs, subscriber lists, booking requests), the Client is the controller and we act as processor under a data processing agreement, which forms part of the contract.
  5. NFC review cards: we supply the cards and link them to the review page chosen by the Client. Review platforms (for example Google) set their own rules; the Client is responsible for complying with them, in particular for not offering incentives for reviews. We are not responsible for reviews, their content or their removal by the platform.
  6. Monthly services run for the agreed minimum term and can then be cancelled by either party with 30 days' notice to the end of a month. After termination we deactivate the service; the Client's data is returned on request and deleted after 30 days.

10. Warranty

  1. We provide our services with due care according to the state of the art. We do not guarantee a particular commercial result, such as bookings, reach, views, rankings or revenue.
  2. The Client must report obvious defects in writing within 10 days of delivery. For justified defects, we first have the right to remedy them within a reasonable time. Further warranty claims are excluded to the extent permitted by law.

11. Liability

  1. We are liable for damage caused intentionally or through gross negligence. To the extent permitted by law, any further liability is excluded, in particular for slight negligence, for indirect and consequential damage, loss of profit, loss of data, reputational damage and claims of third parties.
  2. In any case, our total liability per project is limited to the amount of the fee paid for the affected service (for monthly services: the fees paid in the last 12 months).
  3. We are not liable for damage caused by auxiliary persons, subcontractors or third-party platforms, to the extent permitted by law (Art. 101 para. 2 CO).
  4. We are not liable for the loss of or damage to data, footage or files beyond reasonable backup measures; the Client is responsible for keeping copies of delivered files.
  5. These limitations do not apply to liability for personal injury or other liability that cannot be excluded by law.

12. Force majeure

We are not liable for delays or failures caused by events beyond our reasonable control, such as weather, natural hazards, avalanches, pandemics, strikes, official orders, power or internet outages, closures of lifts, roads or airspace, illness or accidents. In such cases, we will agree a new date with the Client.

13. Confidentiality

Both parties keep confidential all non-public information they receive from the other party in connection with the project. This obligation continues after the end of the contract.

14. Final provisions

  1. Changes and additions to the contract must be made in writing; e-mail is sufficient.
  2. If any provision of these Terms is invalid, the remaining provisions remain valid. The invalid provision is replaced by a valid provision that comes closest to its economic purpose.
  3. These Terms and all contracts with us are governed by Swiss law, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
  4. The exclusive place of jurisdiction is Zermatt, Switzerland (competent court: district court of Visp), subject to mandatory places of jurisdiction, in particular for consumers.