GENE CONDITIONSARTHE

Article 1: object

These general conditions constitute, with the quote to which they are attached, the contract between the client (hereinafter the Client) and the photographer (hereinafter the Photographer) setting the price and conditions of the service provided by the Photographer and those of assignment of rights.
Said service may consist of the production of photographs, audiovisual works or multimedia works. Whatever the nature of the creation, the author is referred to below as the “Photographer” and the creations are referred to as the “photograph(s).
In the event of a contradiction between these general conditions and the quotes, the latter shall prevail.
The estimate is valid and can only validly bind the Photographer if it is accepted during the period of validity mentioned in the estimate. The Photographer may therefore refuse any validation after this period. If he accepts it, the parties will be validly engaged.
The payment of a deposit implies acceptance of the estimate and the general conditions.
 
 
Article 2. Performance of the service

The date scheduled for the delivery of the final elements only binds the Photographer if the Client himself respects the rapid deadlines for validation of any intermediate stages (retouching, modifications, etc.). Unless otherwise stated in the quote, validation times are 24 hours.
Are deemed validated and cannot be the subject of any dispute, the steps having been validated by the Customer or his representative in any way whatsoever, in writing (including e-mail, sms, etc.) or directly when shooting. The shots are deemed accepted in the absence of written and reasoned contestation within 24 hours following their execution in the presence of the Client or his representative, or, if they were executed in their absence, 24 hours following their sending by any means to the Customer or his representative.
The final versions are also deemed to have been accepted in the absence of a written and reasoned dispute within 24 hours of their sending by any means to the Customer or his representative.
Subjective elements linked for example to aesthetics and/or composition, nor elements that have already been validated, cannot constitute grounds for dispute.
The photographs are delivered in the form of files, depending on the type of creation, in TIFF, JPEG, MP4 or similar format. They are transmitted, in the form of files in RAW format, editing files with layers or other native file format, only if absolutely necessary and explicitly mentioned in the estimate.
In the event that a native file is transmitted to the Client, the latter undertakes not to use it outside the terms initially provided for and not to communicate it to third parties without the prior written authorization of the Photographer.
 
 
Article 3. Additional service
 
Services not provided for in the estimate and decided during the execution of the initial service, in particular during the shooting, will be invoiced to the Client, even in the absence of an additional estimate, on the same bases as those of the services provided for in initial quote and will be payable according to the terms set out in Articles 7 and 8 below.
The request or the agreement of the Customer or his representative as to the performance of these additional services may result from a writing (including e-mail, sms), validation directly at the place of shooting or still an acceptance of additional photographs or videos delivered.
 
 
Article 4. Material property
 
The material property of the physical elements created, such as photographic negatives or video masters, remain the property of the Photographer.
 
 
Article 5. Intellectual property
 
Subject to full payment of the Price and Fees, the Photographer assigns to the Client the reproduction and/or representation rights expressly referred to in the quote, for the duration, territories, media and supports themselves referred to in the estimate.
Distribution known as “basic print” means limited distribution without the purchase of space (brochure, mailing, leaflet, technical file, etc.).
The rights of exploitation in public relations, in the press and in the form of posters are assessed in accordance with the scale published in the Official Journal on May 2, 1987, provided for commissioned works used for advertising.
The mention: © photo Germain Pouch must appear when using each photograph.
 
 
Article 6. Liability and insurance
 
The Photographer is responsible for his own creation. On the other hand, it does not provide any guarantee as to the rights of third parties, namely, in particular the rights of personality, copyright of elements integrated into the photograph or video (work of art, furniture, buildings, clothing, etc.), performer's right, trademark right, etc. The Customer is therefore responsible for negotiating the necessary authorizations.
The Photographer declares to have taken out the usual civil liability insurance mentioned in the estimate. 
The responsibility of the Photographer, in any capacity whatsoever, is limited to the Price of the service as provided for in the estimate.
It is the Customer's responsibility to take out any additional insurance required.
The Client having the choice of the editorial content to which he associates the photograph(s) or video(s), he guarantees the Photographer against any claim and/or action in this respect and refrains from any appeal in warranty of the Photographer.
The Photographer may object to any use outside of a normal context and, in any case, outside of the intended context, and failing that, foreseeable on the day the quote is drawn up, in particular, unless this has been expressly mentioned. to the estimate, to any exploitation in an ideological, religious or political context. The Client therefore expressly undertakes to alert the Photographer in advance and in writing of any use that may not correspond to the initial forecasts.
 
 
Article 7. Prices and Costs
 
The prices of the service (hereinafter the Price) and any transfer of rights are those mentioned in the estimate.
Added to this are the costs, in particular of transporting goods and people, accommodation and the remuneration of models and other external contributors (hereinafter the Costs). If not provided for in the estimate, the Costs are reimbursable on presentation of the corresponding supporting documents. When they are the subject of a flat rate mentioned in the quote, the flat rate is payable without proof.
No discount will be granted in the event of advance payment and/or cash payment.
 
 
Article 8. Terms of payment
 
The Price will be paid according to the deadlines mentioned in the estimate.
Unless otherwise stated, invoices are payable within eight days of their presentation.
Any deposit paid remains acquired and is never refundable.
 
 
Article 9. Late payment
 
In accordance with Article L.441-10 of the Commercial Code, in the event of late payment, the interest rate for late payment penalties payable the day following the contractual payment date will be equal to 12% with regard to the Price , 24% for Costs, to which will be added a lump sum compensation for recovery costs of 40 (forty) euros excluding taxes.
 
 
Article 10. Forfeiture
 
Cancellation by the Client after validation of the quote gives rise to the payment to the Photographer of the following compensation:
- if the cancellation is notified more than 4 working days before the scheduled start of the service (day on which design or preparation begins): 50% of the Price and all expenses and costs incurred, excluding duties;
- if the cancellation is notified less than 4 working days before the start of the service: 100% of the Price and all expenses and costs incurred, excluding duties;
- if the cancellation is notified after the start of the service: 100% of the Price, rights and all expenses and costs incurred.
 
 
Article 11. Communications
 
The Photographer may freely reproduce and represent the photograph(s) for the purposes of his own promotion, in particular in his book, his demo reel, his presentation documents (such as brochures), his website, his social networks, any festival or professional event. 
If for specific reasons of confidentiality, the Customer wishes to oppose this possibility, he must have this expressly mentioned in the quote before acceptance.
 
 
Article 12. Applicable law and jurisdiction
 
The contract is subject to French law.
In the event of a dispute relating to the formation, validity, execution, termination or interpretation of this contract, these shall give exclusive jurisdiction to the competent courts of Paris.

 
The photos are not free of rights and are the property of SAS Germain Photographie.

https://www.missionphotographe.com