Terms & Conditions – Black Pearls Agency

Effective Date: February 2025

BLACK PEARLS AGENCY
TERMS AND CONDITIONS
Governing the Use of the Website and Introduction Services

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE OR REQUESTING ANY BOOKING. BY ACCESSING THIS WEBSITE OR ENGAGING ANY INTRODUCTION SERVICES FACILITATED THROUGH THIS PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE LEGALLY BOUND BY THESE TERMS AND CONDITIONS IN THEIR ENTIRETY. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST IMMEDIATELY CEASE ALL USE OF THIS WEBSITE.

Black Pearls Agency operates as a licensed escort introduction agency in Zürich, Switzerland. The Agency provides an intermediary platform for the introduction of Clients to independent Escorts for lawful social companionship services, in full compliance with applicable Swiss federal and cantonal law. The Agency does not itself provide escort or companionship services. All such services are provided exclusively by independent, self-employed Escorts who are not employees or agents of the Agency.

1. DEFINITIONS AND INTERPRETATION

1.1 In these Terms and Conditions, the following definitions shall apply unless the context requires otherwise:

“Agency” or “Black Pearls” means Black Pearls Agency, a licensed escort introduction agency registered and operating in Zürich, Switzerland, acting solely as an intermediary platform that facilitates introductions between Clients and independent Escorts.

“Client” means any natural person of legal age who accesses the Website and/or engages the companionship services of an Escort through the Agency’s platform.

“Escort”, “Provider”, or “Companion” means any independent, self-employed individual who has voluntarily listed their companionship profile on the Agency’s platform. Escorts are not employees, agents, or subcontractors of the Agency.

“Booking” means a confirmed arrangement for companionship services between a Client and an Escort, facilitated through the Agency’s platform.

“Website” means the Agency’s website located at blackpearls.ch, including all subdomains, pages, and digital content published thereon.

“Services” means social companionship, escort, and accompanying services as lawfully permitted under Swiss federal and cantonal law. All fees quoted on the Website or communicated during the Booking process are for the Escort’s time and social companionship only. Any other activities that may occur during a Booking are a matter of personal choice between consenting adults and do not form part of the Agency’s introduction services.

1.2 References to “person” include natural and legal persons. Words in the singular include the plural and vice versa. Headings are for convenience only and shall not affect interpretation.

2. SCOPE AND ACCEPTANCE

2.1 These Terms and Conditions (“Terms”) govern the use of the Website and any Booking facilitated through the Agency’s platform. By accessing the Website or making a Booking, the Client unconditionally accepts and agrees to be bound by these Terms in their entirety.

2.2 The Agency reserves the right to amend these Terms at any time. Changes shall be effective immediately upon publication on the Website. Continued use of the Website or the Agency’s services following any amendment shall constitute acceptance of the revised Terms. It is the Client’s responsibility to review these Terms periodically.

2.3 These Terms are governed by and shall be construed in accordance with the substantive laws of Switzerland, excluding its conflict-of-laws provisions and the United Nations Convention on Contracts for the International Sale of Goods (CISG).

3. AGE VERIFICATION AND ACCESS

3.1 By accessing this Website and/or using any services facilitated through the Agency’s platform, the Client represents, warrants, and confirms that:

(a) they are at least eighteen (18) years of age, or the age of legal majority in their jurisdiction of residence if higher, and possess full legal capacity to enter into binding agreements under Swiss law;
(b) it is lawful in the Client’s jurisdiction of residence and/or current location to view adult-oriented content and to access services of the nature offered on this Website;
(c) they are accessing this Website voluntarily and of their own free will; and
(d) they accept full responsibility for their own actions and conduct in connection with the use of this Website and any Booking made through the Agency’s platform.

3.2 The Agency reserves the right to request proof of age or identity at any time and to refuse access to the Website or decline to facilitate a Booking where the Agency has reasonable grounds to believe that the Client does not meet the eligibility requirements set out herein.

4. NATURE OF THE AGENCY’S ROLE

4.1 The Agency operates exclusively as an introductory and advertising platform. The Agency’s sole function is to facilitate initial contact and introductions between Clients and independent Escorts. The Agency does not itself provide, offer, arrange, or perform any companionship, escort, or personal services of any nature whatsoever.

4.2 All Escorts featured on the Website are independent, self-employed professionals who operate their own business activities at their sole discretion. The Agency exercises no control, direction, or supervision over any Escort’s conduct, availability, schedule, pricing, or the manner in which the Escort provides their services.

4.3 Any agreement, arrangement, or understanding regarding the provision of companionship services is entered into exclusively and directly between the Client and the Escort. The Agency is not a party to any such agreement and assumes no responsibility, liability, or obligation arising therefrom.

4.4 The Agency does not guarantee or warrant the availability, punctuality, conduct, appearance, or suitability of any Escort. Profiles, photographs, and descriptions published on the Website are provided by the Escorts themselves or compiled from information furnished by the Escorts, and the Agency makes no representation as to their accuracy, completeness, or currentness.

4.5 All fees quoted on the Website or communicated by the Agency are for the Escort’s time and social companionship only. The Agency expressly disclaims any involvement in, knowledge of, or responsibility for any activities, arrangements, or agreements that may take place between the Client and the Escort beyond the scope of social companionship. Any such matters are strictly between the Client and the Escort as consenting adults.

5. INDEPENDENT CONTRACTOR STATUS OF ESCORTS

5.1 Each Escort is an independent contractor and is solely responsible for their own tax obligations, social insurance contributions (AHV/IV/EO/ALV), health insurance, accident insurance, and compliance with all applicable Swiss federal, cantonal, and municipal laws and regulations, including but not limited to registration requirements, work and residence permit obligations, and fiscal duties.

5.2 Nothing in these Terms or in the relationship between the Agency and any Escort shall be construed as creating an employer-employee relationship, a partnership, a joint venture, or any form of agency relationship between the Agency and any Escort. Each Escort is free to accept or decline any Booking at their absolute discretion, to set their own rates, and to determine their own working conditions.

5.3 The Agency shall not be held liable for any acts, omissions, representations, warranties, or breaches by any Escort, whether in contract, tort (including negligence), strict liability, or otherwise.

6. BOOKINGS

6.1 Booking Process. All Bookings facilitated through the Agency are subject to the availability and acceptance of the relevant Escort. The Agency facilitates the initial introduction and scheduling; however, the Escort retains the sole and absolute right to accept or decline any Booking for any reason, without obligation to disclose such reason. Likewise, the Agency may decline to facilitate any Booking request at its discretion, including without limitation where the Agency has reason to believe that the Client does not comply with these Terms.

6.2 Accuracy of Information. The Client shall provide accurate and truthful personal information when requesting a Booking. The provision of false, misleading, or fraudulent information shall constitute a material breach of these Terms and may result in immediate refusal of service and permanent exclusion from the Agency’s platform.

7. FEES AND PAYMENT

7.1 All fees and rates displayed on the Website are indicative and are set independently by each Escort. The Agency does not fix, regulate, or control the fees charged by any Escort. The final fee for any Booking shall be agreed upon directly between the Client and the Escort prior to the commencement of the engagement.

7.2 All fees displayed on the Website are quoted in Swiss Francs (CHF) unless otherwise indicated. The Agency may separately charge an introduction or facilitation fee for its services as intermediary, which shall be clearly disclosed to the Client prior to confirmation of the Booking.

7.3 Payment of the Escort’s fee shall be made directly by the Client to the Escort at the commencement of the Booking, or as otherwise agreed between the Client and the Escort. Accepted payment methods shall be communicated at the time of Booking and may include cash (CHF, EUR) and, for advance Bookings or travel arrangements, bank transfer. The Agency bears no responsibility for payment disputes between Clients and Escorts.

7.4 A deposit may be required by the Escort or by the Agency (in respect of the facilitation fee) for extended Bookings, multi-day arrangements, or travel engagements. Deposit terms, amounts, and refund conditions shall be communicated to the Client prior to confirmation of the Booking.

7.5 Additional expenses incurred during the Booking, including but not limited to travel costs, accommodation, dining, entertainment, and incidental expenses, shall be borne exclusively by the Client unless otherwise agreed in advance with the Escort.

8. CANCELLATION AND NO-SHOW POLICY

8.1 Cancellations must be communicated to the Agency as soon as reasonably practicable. The following cancellation framework applies unless otherwise specified at the time of Booking:

(a) Cancellations made more than twenty-four (24) hours prior to the scheduled Booking: no cancellation charge;
(b) Cancellations made less than twenty-four (24) hours but more than two (2) hours prior to the scheduled Booking: fifty percent (50%) of the agreed Booking fee may be charged;
(c) Cancellations made within two (2) hours of the scheduled Booking or failure to appear at the agreed time and location (“No-Show”): the full Booking fee may be charged.

8.2 Repeated No-Shows or late cancellations may result in the Client being required to pay deposits for future Bookings or being permanently excluded from the Agency’s platform.

8.3 The Escort reserves the right to terminate a Booking at any time if the Escort, in their sole discretion, feels unsafe, uncomfortable, or if the Client’s conduct violates these Terms or the boundaries communicated by the Escort. In such circumstances, the Client shall not be entitled to any refund of fees already paid.

9. CLIENT CONDUCT AND OBLIGATIONS

9.1 The Client agrees to treat all Escorts with dignity, courtesy, and respect at all times. The Client shall:

(a) maintain appropriate standards of personal hygiene;
(b) be punctual for scheduled appointments;
(c) provide accurate and complete information when making a Booking;
(d) respect and observe all boundaries and limitations communicated by the Escort at any point before, during, or after a Booking; and
(e) ensure that their conduct complies with all applicable laws and regulations at all times.

9.2 Any form of harassment, coercion, intimidation, threatening behaviour, violence, or any conduct that violates the personal rights, dignity, or bodily integrity of an Escort is strictly prohibited and shall result in immediate termination of the Booking without refund, permanent exclusion from the Agency’s platform, and, where appropriate, referral to the competent law enforcement authorities.

9.3 The Client acknowledges and agrees that Bookings are for lawful social companionship services only. The Agency does not condone, facilitate, or arrange any unlawful activity. The Client is solely responsible for ensuring that their conduct and any arrangements made with the Escort comply with all applicable laws and regulations.

10. DISCRETION, CONFIDENTIALITY, AND PRIVACY

10.1 The Agency undertakes to treat all Client information with the utmost confidentiality and discretion. Client information shall not be disclosed to third parties except: (a) to the relevant Escort to the extent necessary to facilitate a Booking; (b) as required by applicable law, regulation, or court order; or (c) as necessary to protect the rights, property, or safety of the Agency, its Escorts, or third parties.

10.2 The Client likewise agrees to respect the privacy, personal information, and identity of all Escorts encountered through the Agency’s platform. The Client shall not disclose any personal information about any Escort to any third party.

10.3 Photography, audio or video recording, or any other form of documentation of an Escort during a Booking is strictly prohibited without the Escort’s express prior written consent. Any violation of this provision shall constitute a material breach of these Terms and may result in legal action and permanent exclusion from the Agency’s platform.

11. DATA PROTECTION

11.1 The Agency processes personal data in accordance with the Swiss Federal Act on Data Protection (nFADP / DSG), the Swiss Data Protection Ordinance (DPO / DSV), and, where applicable, the European Union General Data Protection Regulation (EU GDPR). The Agency’s Privacy Policy, available on the Website, forms an integral part of these Terms.

11.2 The Client consents to the collection, processing, and storage of personal data as necessary for the facilitation of Bookings and the operation of the Website. Personal data shall not be disclosed to third parties except as set out in these Terms, the Privacy Policy, or as required by law.

11.3 The Client acknowledges that certain personal data may be shared with the relevant Escort for the purpose of facilitating a Booking. The Escort is independently responsible for their handling of such data in compliance with applicable data protection laws.

11.4 The Agency implements appropriate technical and organisational measures to protect personal data against unauthorised access, alteration, disclosure, or destruction. However, the Agency cannot guarantee the absolute security of data transmitted via the Internet and shall not be liable for breaches arising from circumstances beyond its reasonable control.

12. LIMITATION OF LIABILITY

12.1 To the fullest extent permitted by applicable Swiss law, the Agency shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or in connection with the use of the Website, any Booking, or any interaction between a Client and an Escort, howsoever caused and regardless of the theory of liability.

12.2 Without limiting the generality of the foregoing, the Agency expressly disclaims all liability for:

(a) any loss, injury, damage, or harm suffered by the Client during or in connection with a Booking;
(b) the conduct, behaviour, representations, or actions of any Escort;
(c) any breach of agreement between the Client and the Escort;
(d) the accuracy, completeness, or reliability of any information, profile, photograph, or description provided on the Website;
(e) any loss of or damage to personal belongings of the Client or the Escort;
(f) any third-party services utilised in connection with a Booking, including but not limited to hotels, restaurants, transportation, and entertainment venues; and
(g) any interruption, suspension, or termination of the Website or its services.

12.3 The Client agrees to indemnify, defend, and hold harmless the Agency, its directors, officers, employees, affiliates, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or in connection with the Client’s use of the Website, any Booking, or any breach of these Terms by the Client.

13. INTELLECTUAL PROPERTY

13.1 All content on the Website, including but not limited to text, graphics, logos, images, photographs, designs, trademarks, trade names, and software, is the property of the Agency or its licensors and is protected by Swiss and international intellectual property laws.

13.2 No content from the Website may be reproduced, distributed, modified, displayed, or otherwise exploited without the prior written consent of the Agency. Unauthorised use of any content may give rise to claims for damages and/or constitute a criminal offence under Swiss law.

14. ACCEPTABLE USE OF THE WEBSITE

14.1 The Client agrees not to use the Website for any purpose that is unlawful, fraudulent, or prohibited by these Terms. Without limiting the generality of the foregoing, the Client shall not:

(a) use the Website for any purpose that violates any applicable Swiss federal, cantonal, or municipal law or any applicable international law or regulation;
(b) attempt to gain unauthorised access to the Website, its servers, databases, or any systems or networks connected thereto;
(c) introduce any viruses, trojans, worms, malware, or other harmful or technologically disruptive material;
(d) scrape, crawl, harvest, or otherwise systematically extract or copy content from the Website by automated or manual means without the Agency’s prior written consent;
(e) harass, stalk, impersonate, or defame any person, including Escorts, other Clients, or Agency personnel; or
(f) use the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party’s use of the Website.

14.2 The Agency reserves the right to suspend or terminate access to the Website for any Client who, in the Agency’s sole determination, violates or is suspected of violating any provision of this Section.

15. DISPUTE RESOLUTION AND JURISDICTION

15.1 In the event of any dispute arising out of or in connection with these Terms, the parties shall endeavour to resolve the matter amicably through good-faith negotiation.

15.2 If no amicable resolution can be reached within thirty (30) calendar days, the dispute shall be submitted to the exclusive jurisdiction of the competent courts of Zürich, Switzerland.

15.3 Notwithstanding the foregoing, the Agency reserves the right to seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights or confidential information.

16. SEVERABILITY

16.1 If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be deemed severed from these Terms and shall not affect the validity and enforceability of the remaining provisions, which shall continue in full force and effect.

16.2 The invalid or unenforceable provision shall be replaced by a valid and enforceable provision that most closely reflects the original intent and economic effect of the invalid or unenforceable provision.

17. FORCE MAJEURE

17.1 The Agency shall not be liable for any failure or delay in the performance of its obligations under these Terms resulting from events beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, war, terrorism, civil unrest, government actions, sanctions, labour disputes, power failures, or telecommunications failures.

18. MISCELLANEOUS

18.1 These Terms, together with the Privacy Policy and any supplementary terms published on the Website, constitute the entire agreement between the Client and the Agency with respect to the subject matter hereof and supersede all prior agreements, representations, and understandings.

18.2 The failure of the Agency to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

18.3 The Client may not assign or transfer their rights or obligations under these Terms without the prior written consent of the Agency. The Agency may freely assign its rights and obligations under these Terms.

18.4 These Terms are drafted in the English language. In the event of any conflict between translations, the English version shall prevail.

19. CONTACT INFORMATION

19.1 For any questions, requests, or complaints regarding these Terms and Conditions, the Client may contact the Agency at:

Email: info@blackpearls.ch
Telephone: +41 79 375 01 04
Location: Zürich, Switzerland