GENERAL TERMS AND CONDITIONS
Digital Animation Workshops — 3D Character Master Creation | Bern, Switzerland
Article 1. Scope and Acceptance
These General Terms and Conditions (hereinafter "T&C") govern the contractual relationship between Oophaga Animation GmbH (hereinafter the "Company") and any person registering for or attending a digital animation workshop (hereinafter the "Participant") organized by the Company.
By completing the registration process and/or making payment, the Participant unconditionally accepts these T&C in their entirety. These T&C apply to all workshop formats offered by the Company, including but not limited to:
• Introductory 1-Day Workshop (CHF 25)
• 6-Week Workshop for Kids (CHF 150)
• 6-Week Workshop for Adults (CHF 350)
These T&C are governed by Swiss law, in particular the Swiss Code of Obligations (OR) and the Swiss Civil Code (ZGB).
Article 2 — Workshop Description
The Company offers digital animation workshops using the Nomad Sculpt application on Apple iPad devices. Workshops take place in Bern, Canton of Bern, Switzerland, in community spaces or venues communicated to participants upon registration.
All workshops are conducted in English and/or Spanish. German-language workshops may be introduced at a later date. The specific dates, times, and location of each workshop session will be communicated to registered participants via email prior to the first session or on the company's website.
Article 3 — Registration and Payment
Registration is effected via the Company's official website (www.oophagaanim.com) or through direct written communication with the Company. A registration is considered binding upon receipt by the Company.
Full payment of the applicable workshop fee is due upon registration, unless otherwise agreed in writing. Payment shall be made by the methods indicated on the Company's website or as communicated by the Company.
In accordance with Article 1 of the Swiss Code of Obligations, the contract between the Participant and the Company is concluded upon confirmation of registration by the Company.
Article 4 — Required Equipment
Participants are required to provide their own equipment for workshop participation. The minimum required equipment is:
• Apple iPad (any model compatible with the Nomad Sculpt application)
• Apple Pencil (compatible with the Participant's iPad model)
• Fully charged device at the start of each session
The Company accepts no liability for technical issues, malfunctions, or incompatibilities arising from the Participant's equipment. The Company does not provide loaner devices. It is the sole responsibility of the Participant to ensure their equipment is functional and compatible.
The Nomad Sculpt application (available on the Apple App Store) must be downloaded and installed on the Participant's device prior to the first session. Any costs related to downloading or purchasing the application are the sole responsibility of the Participant.
Article 5 — Cancellation and Refund Policy
5.1 Cancellation by Participant
Cancellations must be submitted in writing (email) to the Company. The following refund policy applies:
• Cancellation up to 48 hours before class: full refund or credit
• Cancellation within 48 hours: no refund
• No-show: no refund credit
No refund shall be granted for absences from individual sessions within a multi-week workshop unless due to documented medical reasons, assessed at the Company's sole discretion.
5.2 Cancellation by the Company
The Company reserves the right to cancel or postpone a workshop session due to illness of the instructor, insufficient registrations, force majeure, or other circumstances beyond its control. In such cases, the Company will notify Participants as early as possible and offer either a rescheduled date or a full refund.
Article 6 — Conduct and Participation Rules
All Participants are expected to conduct themselves in a respectful and constructive manner throughout the duration of the workshop. The following rules apply:
• Participants must arrive on time. Late arrivals may disturb ongoing sessions and are discouraged.
• Personal devices shall be used exclusively for workshop-related activities during sessions.
• Participants shall not record, photograph, or film other participants without explicit consent.
• Disruptive, disrespectful, or harmful behaviour towards other participants, the instructor, or venue staff will result in immediate exclusion from the session without refund.
• Participants under the age of 18 are expected to have parental or guardian authorization on file with the Company (see Parental Consent Form).
Article 7 — Intellectual Property
All creative works produced by Participants during workshops (3D characters, designs, renders, etc.) remain the intellectual property of the respective Participant. The Company does not claim any rights over creative outputs produced by Participants.
The Company retains all rights over its teaching methods, curricula, visual materials, and workshop content. Participants may not reproduce, distribute, or commercially exploit any of the Company's teaching materials without prior written consent.
By attending the workshop, the Participant grants the Company a non-exclusive, royalty-free licence to use images of the Participant's completed workshop output (not the Participant personally) for the purposes of portfolio, promotion, and marketing. This may be withdrawn at any time by written request to the Company.
Article 8 — Liability and Insurance
8.1 Company Liability
The Company shall exercise reasonable care in conducting workshops. Notwithstanding the foregoing, the Company expressly excludes its liability for:
• Loss, theft, or damage to the Participant's personal property, including iPads, pencils, or accessories.
• Technical malfunctions of the Participant's personal equipment or the Nomad Sculpt application.
• Physical injury sustained on the workshop premises unless caused by gross negligence of the Company.
• Data loss on the Participant's device.
Nothing in these T&C shall limit the Company's liability for damage caused by wilful misconduct or gross negligence, as provided under Article 100 of the Swiss Code of Obligations.
8.2 Participant's Own Insurance
Each Participant is solely responsible for maintaining adequate personal insurance coverage, including but not limited to accident insurance, health insurance, and liability insurance, as required or advisable under Swiss law. The Company does not provide insurance cover for Participants.
By registering, Participants confirm that they hold, or are covered by, an appropriate personal accident and liability insurance policy valid in Switzerland.
Article 9 — Data Protection (DSG/FADP)
The Company processes personal data of Participants solely for the purposes of workshop registration, communication, and administration, in compliance with the Federal Act on Data Protection (FADP/DSG) and applicable cantonal regulations.
• Data collected: full name, age, email address, contact telephone number, emergency contact (for minors), and payment details.
• Data is not sold or transferred to third parties, except where legally required.
• Participants have the right to access, rectify, or request deletion of their personal data at any time.
• Requests may be directed to: sodiag@gmail.com
The Company retains personal data only for as long as necessary to fulfil the purpose of collection, or as required by Swiss law.
Article 10 — Photography and Media
The Company may document workshop activities for promotional and marketing purposes. Photographs or video recordings will not individually identify or focus on any minor participant without explicit written parental/guardian consent. Group activity shots of the workspace may be used. Any Participant or parent/guardian wishing to opt out must notify the Company in writing prior to the workshop.
Article 11 — Force Majeure
The Company shall not be held liable for any failure to perform its obligations arising from circumstances beyond its reasonable control, including but not limited to acts of God, pandemics, governmental restrictions, natural disasters, or venue unavailability. In such cases, the Company will make reasonable efforts to reschedule or offer alternatives.
Article 12 — Amendments
The Company reserves the right to amend these T&C at any time. Updated versions will be published on the Company's website. Participants registered prior to any amendment will be notified by email. Continued participation following notification constitutes acceptance of the updated T&C.
Article 13 — Governing Law and Jurisdiction
These T&C are exclusively governed by Swiss law. The parties submit to the exclusive jurisdiction of the courts of the Canton of Bern, Switzerland, for the resolution of any dispute arising from or related to these T&C or any workshop engagement.
In the event of a dispute, the parties shall first attempt to resolve the matter amicably within 30 days of written notification of the dispute. If no resolution is reached, the competent court of the Canton of Bern shall have jurisdiction.
Article 14 — Children / Minors
Participation of minors requires consent of a parent/legal guardian.
Article 15 — Severability
If any provision of these T&C is found to be invalid, illegal, or unenforceable under Swiss law, the remaining provisions shall continue in full force and effect. Any invalid provision shall be replaced with a valid provision that most closely reflects the original intent.