GENERAL CONDITIONS OF SALE WEDDINGS
Article 1: object
The general conditions of sale (hereinafter referred to as "GTC") create a legal agreement and apply to all orders for services and products concluded between the client (hereinafter referred to as "the client") and Assane Assani of Studio A (hereinafter referred to as “the photographers and videographers”). Any reservation of a session or order of products entails unreserved acceptance of these GTCS, unless special conditions have been agreed in writing between the photographers and the client.
Article 2 - Prices
The price of the service in euros (VAT not applicable - Article 293B of the General Tax Code) is as indicated on the instant-shooting.com website when booking the service. For wedding and business services and certain special services, a contract will be established between the client and the videographers and the service will only be validated when the contract is signed by both parties and after receipt of the deposit. In the absence of payment of the deposit and receipt of the signed contract, the photographers do not undertake to keep the date.
Travel costs may be applied for all services. They will be included in the eventual contract and in the invoice. Travel costs 20 km around Montpellier and Porto are free. Beyond 20 km around Montpellier or Porto, they amount to 50 cents per kilometer traveled plus tolls. Train / plane / boat costs will be borne by the Customer. Any advance made by the Videographer Photographers at the time of booking may be invoiced immediately by the latter without waiting for the day on which the balance is invoiced. If the place of service changes or is not yet precisely defined at the time of validation of the order, the customer will have to pay the costs incurred.
If the photographers 'service takes place during a lunch or dinner, the Photographers' meal is the responsibility of the Client, who must guarantee a correct meal. Depending on the location of the session, accommodation for photographers may be required. The costs due for this accommodation are the responsibility of the Customer, who must guarantee a comfortable bed.
In all cases, the customer will bear the cost of additional expenses (access fees invoiced in certain places, compulsory paid parking fees, etc.) upon production of supporting documents by the Photographers. The costs due to an activity requested for a photo shoot are the responsibility of the customer.
The sending of retouched photos will only take place once payment of the balance or the entire session has been received.
Article 3 - Majority
The Customer declares to be of legal age and will justify it if necessary. If the Client is a minority, the consent of both parents must be given in writing to the Photographers no later than 7 days before the date set for the service.
Article 4 - Image rights and intellectual property rights
4.1. Intellectual property
The delivery of photographs and videos on digital media does not imply the transmission of intellectual property rights on the photographs delivered (Art. L111-3 of the Intellectual Property Code). The photographs and videos provided are only for dissemination within the family circle, understood in the broad sense. No publication may be made on paper (magazine, press, etc.) or virtual (website for commercial use, transfer of rights to third parties) without the consent of the previously consulted Photographers Videographers. Any use of the photos and videos of Photographers Videographers beyond the authorized use for customers and without their written authorization will constitute infringement within the meaning of Article L335-2 of the Intellectual Property Code.
4.2. Image rights
The Customer will not proceed to any cropping of the photographs, nor to any modification of any kind. Any modification will be considered as an attack on the integrity of the photographs and videos, which may also lead to prosecution for infringement. Any use by the customer in accordance with these general conditions of sale will be accompanied by an explicit reference to the Photographers' site in the following form: assaneassani.com
. The customer agrees to report to the Videographer Photographers any fraudulent use that he has observed.
The Customer will or will not consent in writing to the fact that certain photographs and their videos will be used on the communication media of the Photographers Videographers:
• Photographers website and blog
• Social networks
• Books, brochures, flyers, business cards
• In offices occupied by Photographers
• On all existing or future media allowing the promotion of Photographers.
• Sites and webmagazines dedicated to photography
• On a work presenting exclusively or in part the work of the Photographers
• In the context of artistic exhibitions and / or photographic competitions, including the reproduction right for catalogs, posters, flyers and press kits, articles from the local, national or international specialized press.
Video Photographers undertake to keep the customer informed of the various publications of their photographs and videos. The Videographer Photographers undertake not to use the photographs and videos for purposes likely to harm the persons represented. No use will be made by Video Photographers outside of their own communication needs. No rights will be assigned to third parties without the authorization of the client who appear therein. This authorization is granted for a period of 5 years from the written agreement of the customer.
In case of refusal to use the photographs of his session, the client may not refuse the use of photos in which he is not recognizable.
Photographers reserve the right to propose a 15% increase in service prices if the client does not agree to the publication of their photos. This is not, however, systematic.
Article 5 - Cancellation
5.1. Cancellation by the Client in the case of wedding services
The deposit paid at the signing of the contract is evidence of a firm and final commitment. No cancellation may be made, except in the event of force majeure as defined in article 5.4 below.
5.2. Cancellation by Photographers
No cancellation may be made by the Videographer Photographers, except in duly justified cases of force majeure. In the event of force majeure, the Videographer Photographers undertake to contact another partner videographer photographer to perform the service. If it is impossible to find an alternative, and subject to demonstrating the case of force majeure which prevents it from performing its service, the costs incurred by the customer will be fully reimbursed by the photographers and videographers.
5.3. Date modification / delay
Any change in the date of the service acts as a cancellation or suspension of the service, as well as any delay exceeding 30 minutes, except with the agreement and availability of the Videographer Photographers for the new date fixed or the new time. Videographer Photographer cannot be held responsible if they are unable to provide the service on the date finally fixed.
If the cancellation is due to a case of force majeure duly demonstrated by the Customer, the deposit and any penalties provided for will be returned to the Customer.
5.4. Force majeure
Only external events, beyond the control of the Photographers and the Client, unpredictable and insurmountable making it impossible to fulfill obligations, are considered as "force majeure" (as defined in article 1218 of the Civil Code), such as for example any legal or regulatory provision related to an epidemic or a pandemic. The party who invokes a case of force majeure must provide proof by email or letter. If the performance of the contract is only made temporarily impossible, the service will be suspended until a new date can be set. Otherwise, any down payment will be converted into a credit note valid for one year.
Article 6 - Change of formula
At any time and subject to the acceptance of the Video Photographers, the Customer may choose to upgrade to a higher plan, but the reverse is not allowed.
Article 7 - Post-processing
The processing of photographs and videos involves cropping, colorimetry and adjustment on all photographs and video shots. Video photographers will be free to accept or not any request for further post-processing of certain photographs at the initiative of the client. In this case, they reserve the right to invoice them for the extra work.
Customers also recognize that the work of Photographers Videographers is constantly evolving, and that the photographs may therefore not be identical to those already viewed in the books or communication media of Photographers Videographers.
Article 8 - Retention of photos and data protection
Preservation of photographs
From their delivery to the customer, the photographs and videos will be kept and archived under their sole responsibility.
The customer is aware of the limited duration of digital media, and is encouraged to make backups in sufficient quantity and on various media.
The possession of the digital files does not confer on the client the intellectual property rights over the photographs they contain and their delivery does not therefore preclude the application of article 4.1 above relating to the copyright of the Photographers. .
The photographs and videos will also be placed either in an online gallery protected by a password, or on a drive, and accessible via the Videographer Photographers site or at the address communicated by the latter.
Protection of personal data :
The customer expressly authorizes the Videographer Photographers to keep all the photographs taken as part of the service without any time limit, within the limits and for the following purposes:
To allow the customer to be able to find the photographs in the event of loss, destruction or alteration of the files which were delivered to them after the service, and this without new invoicing linked to the unarchiving of the files.
Allow Photographers to demonstrate that they are indeed the authors of the photographs and videos in the event of proven infringement, by a third party, of the photos resulting from the execution of this agreement. In this case, the Photographers also undertake to warn the Client in order to allow the latter to assert their right to the image against the third party concerned.
The Videographer Photographers undertake to carry out this archiving under optimal security conditions in view of the evolution of techniques, and to regularly review their backup plan in order to adapt to technical developments and to always promote the security of this conservation. . In accordance with the General Data Protection Regulations applicable in Europe, and any provision of the same nature that would be in force outside Europe, Video Photographers will only keep personal data related to the performance of the service ordered within the strict limit necessary for the purposes mentioned above. Thus, only the name and first name of the customer and his email or telephone contact details will be kept.
Under no circumstances will this data be used to send new offers to the customer, without their express and formal agreement. Video Photographers will refrain from any processing of data that is not directly related to the purposes mentioned above.
However, the commitment of Video Photographers is not an obligation of result. In addition, a request for deletion from a third party could justify the erasure of personal data despite the Photographers' retention commitment.
Article 9 - Products delivered: photos in digital format, prints, photo books, tables
During family, portrait and couple sessions, and some corporate sessions, the client will be asked to choose the desired photos. A maximum period of 4 weeks will then elapse before the final delivery of the photos.
The customer agrees to confirm to the videographer photographers the correct receipt of orders (prints, books, paintings) by e-mail or by telephone within 5 days of receipt thereof. Any alteration of the delivered products must be reported by e-mail or telephone within the same period, and the products returned to the Photographers.
The new products will be sent by the Photographers, after production by the service provider of their choice, as soon as possible with compensation for the costs of returning the damaged product, according to the price indicated on the return envelope.
Article 10 - Liability
In the event of degraded atmospheric conditions such as, for example, thunderstorms, storms, heavy rains, etc., photographers cannot be held responsible for the non-performance or partial performance of the outdoor services initially provided for in the order. No refund will be made, the session may be postponed to a later date.
The client is responsible for himself and for the people accompanying him to the session. In the event of deterioration or breakage of the equipment by the customer (s) or their children, the latter must reimburse at the price of the new one. If the accident is caused by the photographer, her professional liability insurance will be triggered.
Video Photographers will not be held responsible if photographs or videos are not taken or are spoiled by the present guests which hinder the smooth running of their services.
The defined times must be respected. Any delay being likely to interfere with the smooth running of the shots, cannot give rise to a complaint. In the event of non-compliance with these obligations, the professional cannot be held responsible.
Photographers and videographers undertake to provide themselves with sufficient equipment to ensure all of their services and to ensure that they use equipment in good repair and working order. In the event of a technical problem with the photographic equipment or of any accident during the service preventing the videographers from delivering the requested work, the full amount paid will be refunded, without giving rise to the payment of damages to any title whatever.
Article 11 - Complaints - Search for a friendly solution
Any complaint must be made by registered letter with acknowledgment of receipt within 5 days of the service or delivery of the offending product, including public holidays, postmark being taken as proof. In the event of a dispute, the parties undertake to seek an amicable agreement as a priority before any legal action.