ART. 1
Parties
ON ONE HAND,
THE PHOTOGRAPHER
Born on July 27, 1997, in Montluçon.
Residing at 2 Chemin de Lonzais, 03170 Bizeneuille – France.
Correspondence email: info@audreybellot.com
&
ON THE OTHER HAND,
THE CLIENT
individual purchasing the service
ART. 2
Object
OBJECT OF THE CONTRACT
Any modification will give rise to the signature of an amendment, or will result from an exchange of e-mails between the parties, bearing the mention « Good for agreement » of each of them.
The dates, times and locations of the session are set out in the Contract.
The Client declares that he is familiar with the style of the Photographer and his collaborators. No claim may therefore be made against the Photographer on the pretext that the style of the photographs does not suit the Client or their dog.
ART. 3
Collections & Deliverables
Collections & Deliverables – Payment Waiver of right of withdrawal
The Photographer declares that VAT is applicable to this operation (rate on the day of conclusion: 20%). All prices are therefore inclusive of VAT.
3.1 PHOTOSHOOT PRICE
The Client acknowledges that the prices contained in this contract are guaranteed for only twenty-one (21) days from the date of dispatch of this contract. Any return of the contract signed by the Client after this period may give rise to a re-evaluation of the price of the service and/or a refusal by the Photographer.
Once the contract has been signed, the Client may choose to change to a higher offer. The opposite is not permitted. This choice must be made no later than fifteen (15) days before the date initially scheduled for the session, and must result either from the signature of an amendment to the contract or from an exchange of e-mails between the Parties. An additional provision will be calculated and paid as soon as the Parties have agreed to the change. This change is of course subject to the agreement and availability of the Photographer.
Collections et prices: https://audreybellot.com/
3.2 CLIENT CHARGES
Travel expenses, Parking & Paid access to certain locations
When the session takes place more than 50 km from the Photographer’s professional domicile as determined in article 1, the applicable travel expenses will then be calculated from the 1st kilometer outside the fixed rate, at the price of 0.60 € per km, on the basis of a journey from the Photographer’s professional domicile <-> location of the session (outward/return).
The Photographer may send the Client an invoice for additional expenses based on receipts following signature of this agreement. This invoice must be paid on receipt to compensate for any additional costs that could not be determined in advance (parking, paid access, etc.).
3.3 TOTAL PRICE
See price summary in your quote/contract.
Does not include the above-mentioned additional costs.
3.4 TERMS OF PAYMENT
To reserve the Photographer for the date of the shoot, the Client must sign the present contract and pay a deposit corresponding to thirty percent (30%) of the total sum. The second payment of seventy percent (70%), is due, at the latest, the day before the photo shoot.
If the deposit is not paid within seven (7) days of the order date, the reservation may be cancelled by the Photographer, who will inform the Client by any means.
Any delay in payment will give rise to the payment of interest at the legal interest rate multiplied by three, payable ipso jure and without formal notice or reminder, and the Photographer will be entitled not to carry out the session pending full payment.
3.5 WAIVER OF RIGHT OF WITHDRAWAL
The Customer gives his prior and express agreement for the performance of the service to begin before the end of the fourteen (14) day period and acknowledges that he has definitively waived his right of withdrawal, in application of the provisions of the French Consumer Code (Art. 221-28, 1° , 3° and 13°).
Extracts from Art. 221-28, 1° , 3° and 13° of the French Consumer Code:
« The right of withdrawal cannot be exercised for contracts :
1° Supply of services fully performed before the end of the withdrawal period and, if the contract subjects the consumer to an obligation to pay, the performance of which has begun with his prior and express agreement and with his acknowledgement of the loss of his right of withdrawal, when the service will have been fully performed by the trader; […]
3° Supply of goods made to the consumer’s specifications or clearly personalized; […]
13° Supply of digital content without material support, where performance has begun before the end of the withdrawal period and, if the contract subjects the consumer to an obligation to pay, when :
a) He has given his prior express consent for performance of the contract to begin before expiry of the withdrawal period; and
b) He has acknowledged that he will lose his right of withdrawal; and
c) The trader has provided confirmation of the consumer’s agreement in accordance with the provisions of the second paragraph of article L. 221-13. »
ART. 4
Deliverable
Deliverable – Indicative delivery times
Payment & Backup
The processing of photographs involves post-production work on all photographs, at the Photographer’s discretion. The Photographer will be free to accept or reject any request from the Client for additional processing. If an agreement is reached, the Photographer will be able to invoice the additional work induced by the Cleint’s request, after acceptance of his additional estimate which will stipulate the terms of payment. This acceptance may result from a simple exchange of e-mails between them, and the Client’s « Good for Agreement ».
4.1 DELIVERABLES
– Digital files included in the session or ordered by the Client will be delivered in web-definition JPG format (2048px wide) on an online gallery. Other file formats (raw files, high-resolution files, etc.) will not be delivered under any circumstances.
– Framed enlargements included in the session or ordered by the Client will be delivered in Fine Art Rag quality.
– Personalized linen boxes included in the session or ordered by the Client will be delivered with the USB key containing the images previously chosen and the corresponding matted prints.
The Client must order the physical media (prints, albums, etc.) when the gallery is put online or when the Photographer presents the photos. The photos will be presented to the Customer slightly retouched.
4.2 INDICATIVE DELIVERY TIMES
The photos presented to the Client will be processed within one (1) month after the day of the session. Delivery of the finalized photos will take place within three (3) months of validation by the Client. (indicative times).
Physical products will be delivered within two (2) months of validation of the order by the Client.
In the event of loss or delay in delivery by a supplier, the Photographer may not be held responsible and no compensation whatsoever may be claimed. Any complaint concerning the quality of the products must be made by the Client in writing no later than midnight on the day of delivery.
4.3 TERMS OF PAYMENT FOR DELIVERABLES NOT INCLUDED IN A SESSION
As a reminder, the Client gives his prior and express agreement for the execution of the service to begin before the end of the fourteen (14) day withdrawal period, and acknowledges that he has definitively waived his right of withdrawal, in application of the provisions of the French Consumer Code (Art. 221-28, 3°).
Any deliverables or retouching work not included in a session must be paid for in full on the day the order is placed.
4.4 BACKUP
The Photographer undertakes to use reasonable means to keep the digital files for a period of twelve (12) months from the date of the session.
Likewise, the Photographer undertakes to use reasonable means to maintain access to the online gallery with the files, for three (3) months from the date of online publication.
However, once the images have been delivered, Clients remain solely responsible for the preservation of the photographs, and must ensure that the required backups are set up by their own means. Under no circumstances may the Photographer be required to reproduce or replace images that have been lost, stolen or destroyed.
They are therefore strongly advised to make regular back-up copies, at the latest every five (5) years.
ART. 5
Collaboration
5.1 COLLACORATION OF PARTIES
The Parties acknowledge that the smooth running of the photographic service depends on their ability to work together to achieve the desired objective, it being remembered that no one is bound to the impossible, the obligation of the Photographer remains an obligation of means, and not an obligation of result.
Each of the Parties individually undertakes to cooperate in good faith to contribute to the proper performance of all the obligations of the present agreement.
Any serious breach of this obligation may justify the non-execution of the obligation which depends on this collaboration by the other Party or Parties.
The Client guarantees that the person(s) photographed will respect this obligation to cooperate, and acknowledges that no claim may be made against the Photographer if the persons represented have not respected the said obligation.
5.2 ILLUSTRATIONS
The aforementioned obligation to cooperate has the following consequences, by way of illustration:
Given the intrinsically unpredictable nature of photography (e.g. outdoor photography…), the Photographer cannot guarantee the delivery of a precise image expected by the Client.
ART. 6
Copyright & Image rights
6.1 PHOTOGRAPHER’S COPYRIGHT
The Client acknowledges that the photographs taken by the Photographer remain the original work of the Photographer, who alone holds copyright over them.
The Client therefore acknowledges that he may only make personal use, within a purely family and friendly context (i.e. restricted to the persons photographed, and, possibly, to their private contacts on social networks such as Facebook and Instagram), of the photographs which will be given to him at the end of the service which is the subject of the present agreement. Any other use, whether in return for payment or not, shall be subject to a new written agreement between the Parties or, directly, between the Photographer and the persons photographed.
The Client acknowledges that any infringement on his part or on that of third parties (in particular the persons photographed) to whom he may have transmitted the photographs is liable to result in legal action, in particular on the basis of copyright infringement, a civil and criminal offence.
Again in accordance with copyright law, the Client undertakes not to modify the photographs delivered to him (no cropping, retouching or other). Any request for modification must be addressed to the Photographer and will be subject to an additional estimate.
The Client is responsible for the respect of these rules by third parties, to whom he will transmit images, in particular the persons photographed.
The Client and the persons photographed are authorized to reproduce the files and to record them on any medium they wish for the sole purpose of conservation, solely for their personal and private use, and under their sole responsibility.
In the event of publication of the photographs by the Client or the persons photographed within the aforementioned authorized framework, they undertake to cite the name of the Photographer and to mention the link to her website.
6.2 IMAGE RIGHT OF PHOTOGRAPHED PERSONS
cf. Contract
ART. 7
Personal Data
7.1 PURPOSE OF PROCESSING AND LEGAL BASIS
The Photographer has a website whose url is https://audreybellot.pic-time.com
This site allows customers to place orders and access protected photo galleries of people photographed at the customer’s request.
The data collected in this way is recorded and processed in a customer file.
This file is used to :
- Manage orders, payment and delivery.
- Carry out marketing operations (loyalty, promotions) and send advertising by e-mail to customers who have not objected or who have agreed to this:
- On products similar to those they have ordered.
- On other products offered by the Photographer.
7.2 LEGAL BASIS OF PROCESSING
Order management: the legal basis for processing is the performance of a contract (Cf. article 6.1.b) of the European Data Protection Regulation.
Sending commercial solicitations by e-mail on products similar to those ordered by customers: the legal basis for processing is the legitimate interest of the Photographer (Cf. article 6.1.f) of the European Data Protection Regulation, namely to promote the Photographer’s products to its customers.
Sending commercial e-mail solicitations about other products offered by the Photographer: the legal basis for processing is consent (Cf. article 6.1.a) of the European Data Protection Regulation, as required by article L. 34-5 of the French Post and Electronic Communications Code.
Transmission of e-mail addresses to commercial partners: the legal basis for processing is consent (Cf. article 6.1.a) of the European Data Protection Regulation, as required by article L. 34-5 of the French Post and Electronic Communications Code.
7.3 DATA CATEGORIES
Identity: title, surname, first name, address, delivery address, telephone number, e-mail address, date of birth, internal processing code enabling identification of the Client, data relating to registration on opposition lists.
Order data: transaction number, purchase details, purchase amounts, invoice payment data (payments, overdue payments, discounts), product returns.
Payment details: credit card number, expiry date, visual cryptogram (which is immediately deleted).
Data required for loyalty and prospecting campaigns: purchase history.
Photographic data: photographs of persons photographed at the Customer’s request.
7.4 DATA RECIPIENTS
The Photographe’s client and invoicing departments are the recipients of all categories of data.
His subcontractors, who are responsible for delivering his orders, are recipients of the identity, address and telephone number of clients.
They may also, if they play a role in the storage or printing of the aforementioned photographs, be recipients of said photographs representing the persons photographed at the Client’s request.
7.5 DATA RETENTION PERIOD
Data required for order management and invoicing: for the duration of the commercial relationship and ten (10) years for accounting purposes.
Data required to carry out loyalty campaigns and canvassing: for the duration of the commercial relationship and three (3) years from the last purchase.
Data concerning opt-out lists: three (3) years.
Data relating to means of payment: these data are not kept by the Photographer; they are collected at the time of the transaction and are deleted as soon as the purchase has been paid for in full.
Photographic data: these data will not necessarily be kept by the Photographer once the photographs have been delivered; they are collected during the production of the photo report and may be deleted at any time, at the latest at the end of the period of protection of the Photographer’s copyright on his works, i.e., in the current state of French law, seventy (70) years after his death.
7.6 THE RIGHTS OF THE CLIENT
If the Client no longer wishes to receive advertising from the Photographer (exercise of the right to object or withdrawal of consent already given), they may contact the Photographer via info@audreybellot.com.
Clients and persons photographed may access, rectify or delete their personal data. They also have a right to portability and a right to limit the processing of their personal data (they can consult the cnil.fr website for more information on the rights they each have over their own personal data).
To exercise these rights, or if they have any questions about the processing of their data under this scheme, they can contact the Photographer:
- by e-mail: info@audreybellot.com
- by post: 2 Chemin de Lonzais, 03170 Bizeneuille – France
If, after contacting Audrey Bellot, clients feel that their « Data Protection » rights have not been respected, they may lodge a complaint online with the CNIL.
ART. 8
Changes
Date changes – Cancellation
Force majeure
8.1 FORCE MAJEURE PREVENTING THE PHOTOGRAPHER FROM PERFORMING THE SERVICE
In case the Photographer is prevented from fulfilling their duties due to unforeseeable and beyond their control circumstances, they commit to making their best efforts to provide a substitute at no additional cost to the Client. However, this is a best-effort obligation, and the Photographer’s inability to find a substitute within the given timeframes will release, upon justification, the Photographer from any obligation.
8.2 IF THE CLIENT REFUSES THE SERVICE
Should the Client change his mind and cancel the service, the deposit paid will be retained as well as any other sums received, and the balance will remain due to the Photographer by the Client.
8.3 IMPEDIMENT – RENEGOCIATION BETWEEN THE PARTIES
In the event of an event preventing the normal running of the session on the scheduled date and beyond the control of the Parties and of the persons to be photographed, an alternative solution will be negotiated in good faith between the Parties, with the participation of the persons to be photographed, as soon as possible, in order to try to best respect the collaborative spirit of the contract.
The Client acknowledges that this renegotiation may result, in certain cases, in partial or total alteration of the result of the shoot and its quality, without the Photographer naturally being held responsible. Furthermore, the Client acknowledges that a change of date, if envisaged, may result in an increase in the Photographer’s rates, particularly if the event is to be held in the following calendar year.
8.4 IN THE EVENT OF THE NEED TO RENEGOCIATE A POINT OF THIS AGREEMENT
If, due to an event beyond the control of the Parties (for example, illness of the Photographer and/or individuals to be photographed at the Client’s request, natural disaster, etc.), either party wishes to renegotiate a provision of this agreement:
The other Party undertakes to promptly respond in writing, and no later than 72 hours after receiving the aforementioned written request, possibly proposing three alternative dates in line with the aforementioned collaboration obligation in Article 5.
If necessary, the individuals to be photographed may be invited to the scheduled meeting to ensure the effectiveness of the decisions to be made (for example, in case of agreement on a change of date and/or venue), this agreement naturally depending on their availability.
In the absence of an agreement between the Parties, the more diligent party may refer the matter to the Consumer Mediator according to the procedure outlined in Article 9 below, or bring the matter before the competent court.
ART. 9
Mediation
Consumer mediation – Applicable law
9.1 CONSUMER OMBUDSMAN
The Customer can also consult the European platform for dispute resolution (« RLL »): https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=FR
9.2 APPLICABLE LAW
The law applicable to any dispute arising from the interpretation or performance of this agreement or its consequences shall be French internal law, taken in its substantive rules, excluding any rules of conflict of laws.
9.3 CONSEQUENCES OF A COURT RULING OF THE NULLITY OF A CLAUSE
Should any of the stipulations of the present agreement be deemed unwritten or declared null and void by a judge, the calling into question of this stipulation will not affect the remainder of the agreement, unless the overall balance of the latter is threatened and its complete annulment must then be pronounced.
ART. 10
Education & courses
10.1 IN-PERSON WORKSHOPS & PORTFOLIO SHOOTS
Even if workshop participants are the sole owners of the photos taken during the workshop, the use of photographs taken during private or group workshops must remain strictly personal (publication on social networks, website, prints).
The copyright of the images is not transferable to other persons or companies, paid or unpaid.
The Client is not allowed to plan/organize a workshop, paid or free of charge, using the same subjects and contents integrated in the workshops offered by the Photographer.
Participants are invited to share their photographs with dog owners via a link. Participants are asked to share at least one photo per dog.
The Client is not allowed to use images taken during photo training, portfolio shootings, workshops and private coaching to advertise their own in-person and/or online training.
If the Client has to cancel their spot for an event, the payment cannot be refunded unless we find another person to take the spot. Only in this case will the Client be refunded (minus credit card or Paypal transaction fees).
For damage to property and/or personal injury during the workshop or portfolio shooting, the Photographer does not take legal responsibility.
10.2 ONLINE COURSES
Under no circumstances may the Client share, sell or distribute in any way whatsoever the video material transmitted by the Photographer.