General Terms and Conditions of Sale
1. Scope
1.1 These General Terms and Conditions govern the contracts concluded between Doury Mesurolle acting under the entity Distort Tears (hereinafter "the Photographer") and, on the other hand, a Client within the meaning defined below, insofar as a specific written agreement does not derogate from them.
1.2 The Photographer offers photo shoots, at the studio, at the Client's home or in any other indoor or outdoor location, as well as the processing and retouching of said photos.
2. Definitions
For the purposes of these general terms and conditions, the parties agree on the following definitions:
Client: Any natural or legal person placing an order with the Photographer.
Provision: Any service provided by the Photographer, including but not limited to shooting, reportage, studio sessions, prints or digital products.
Product: The final result of the photo service, such as a digital file or a print.
RAW: A raw file from the camera, unprocessed.
Website: The photographer's website, whose home page is - www.distorttears.com
3. Conclusion of the contract and advance payments
3.1 The conclusion of the contract is preceded by a prior exchange between the Photographer and the Client, aimed at identifying the latter's needs and delimiting the characteristics of the Service to be provided by the Photographer.
3.2 On the basis of these discussions and in the following days, the Photographer submits to the Client an approximate estimate indicating the estimated price of their services. The signature of the quotation is required by the Client and corresponds to the conclusion of the contract.
3.3 For services of more than €400, a deposit of 50% is required. The deposit must be paid at least 7 days before the photo shoot.
For shoots requiring the purchase of accessories or specific equipment: The deposit is 70% of the total amount to be paid at the time of booking. The balance must be paid in full no later than 1 week before the date of the event.
3.4 The reservation of the date is only guaranteed upon receipt of the deposit.
3.5 A final invoice shall be issued upon delivery in accordance with Article 7.
3.6 In the event of cancellation by the Customer, the conditions mentioned in point 11 shall apply.
4. Payment of the price
4.1 A final invoice is issued upon delivery or following the photo session. The amount is payable within 30 days of the date of the photo shoot, less any deposits already paid.
4.2 The final invoice may be lower or higher than the initial quote within a maximum margin of 10%. This tolerance applies only to the initial invoice and excludes additional orders or subsequent changes.
4.3 In the event of an excess of more than 10% of the initial quote, the excess will be shared equally between the Photographer and the Client.
4.4 Late payments:
∙ First reminder: If the payment is not received by the due date, a first reminder will be sent by e-mail, at no additional cost.
∙ Second reminder: In the absence of payment after the first reminder, a second reminder will be sent, accompanied by an administrative fee of €
50∙ Debt collection procedure: If, despite the reminders, payment is not made, the Photographer reserves the right to initiate legal proceedings to recover the debt.
∙ Payment difficulties: In the event of financial difficulties, the Client is encouraged to contact the Photographer upon receipt of the invoice in order to agree on an arrangement, such as an instalment payment plan or other suitable solution.
4.5 The Photographer reserves the right to suspend the delivery of the photographs until the invoice has been paid in full (see art. 7.7).
5. Shooting conditions
5.1 The Client acknowledges that he or she is familiar with the photographic style practiced by the Photographer and that he or she requests her services with full knowledge of the facts. The Client also acknowledges that the Photographer's work evolves over time and that the Product depends on his personal and artistic vision.
5.2 The quality of the photographs depends in part on conditions over which the Photographer has no control, such as weather, light and, during events involving many people, the will of the subjects photographed.
5.3 During a photographic report of an event, the Client is required to warn his guests of the presence of the Photographer and to ask them to minimize their own taking of photographs so as not to disturb the Photographer; In the case of a religious ceremony, he is also required to notify the people in charge of the place of worship. The Photographer cannot guarantee the presence of all guests on the photographs delivered.
5.4 For any service exceeding 6 consecutive hours except for photo sessions at the studio, the Client undertakes to provide a hot meal and drinks for the Photographer.
5.5 The Photographer reserves the right to interrupt or cancel the service without refund in the event of disrespectful, violent or inappropriate behaviour by the Client or his guests, or in the event of endangerment of the equipment or the Photographer's safety.
6. Delays and postponements
6.1 Client's delay: If the Client is more than 20 minutes late by more than 20 minutes at the agreed time for the shooting, the Photographer may, at his option, shorten the actual duration of the session by maintaining the initial price or extend the session by the time of the delay by invoicing the Client for the time of exceedance.
6.2 Photographer's delay: If the Photographer is more than 20 minutes late without announcement to the agreed time for the shooting, the Client has the choice to request an addition of the delay time to the actual duration of the session, without any change in the price, or a reduction in the price proportional to the time of delay.
6.3 Postponement by the Client: At the Client's request, the shooting date may be postponed twice free of charge. From the third postponement, the Photographer may demand payment of the full price of the photograph (excluding processing and retouching).
7. Delivery of photos
7.1 The Photographer alone selects the images delivered, according to technical and artistic criteria. Files that are not retained (tests, duplicates, blurs, unfinished shots) will not be transmitted to the Client under any circumstances.
7.2 The delivery of the photographs is carried out electronically, in the form of an online gallery via the PicFlow platform. The photographs are available in two versions: a color file and a high-definition black and white file (for printing).
7.3 At the Client's request, photographs may be provided in paper print or on another medium, for an additional fee. Delivery is made in person to the studio or by post. In the latter case, the transfer of risk takes place as soon as the parcel is handed over to the post office, at the shipping address indicated by the Customer.
7.4 Delivery is usually made within 2 to 6 weeks. This period is purely indicative and its exhaustion does not put the Photographer on notice.
7.5 Depending on the Client's needs, a shorter firm term may be stipulated specifically, at an additional cost.
7.6 No RAW files will be given to the Client. RAW files remain the exclusive property of the Photographer and are protected by copyright.
7.7 The final delivery of photographs may be suspended until the invoice has been paid in full (see Art. 4.5).
8. Defects and corrections
8.1 The Client is obliged to check the Product upon delivery and to report any defects to the Photographer within 5 days. After this period, the Product is considered accepted.
8.2 In the event of a proven defect, the Photographer undertakes, at his or her choice, to carry out additional retouching or, if necessary, to organize a new shoot.
8.3 Only objective qualitative problems attributable to the Photographer's work may be considered as defects within the meaning of this article. Subjective criticisms (artistic tastes, appearance of the subjects, personal preferences) cannot be considered as defects.
8.4 The retouching included in any service includes basic correction (colorimetry, framing, basic skin retouching).
8.5 For the remainder, a financial supplement will be requested.
9. Additional order & specific alterations
9.1 Any additional order from the Client or any modification of the services to be provided by the Photographer will result in an adjustment of the price accordingly. The Photographer is then no longer bound by the amount of the initial quote.
9.2 Specific requests or changes (e.g. addition of photographs, special retouching, additional services) will be re-invoiced according to the current tariff.
9.3 Aesthetic or specific alterations not initially planned (e.g. slimming, silhouette modification, removal of elements, etc.) are invoiced at an hourly rate of €100
9.4 As an indication, additional photographs are invoiced at €20 per photo and give rise to the issuance of a new invoice.
10. Prohibition of modification
10.1 The photographs delivered by the Photographer are finalized and completed works. Any modification, alteration or retouching of the photographs, for any reason, is strictly forbidden without the prior written permission of the Photographer.
10.2 In particular, it is forbidden to call on another photographer, graphic designer or image professional to modify, retouch or adapt the photographs delivered.
10.3 Any breach of this clause will result in appropriate action, including immediate revocation of the right to use the photographs and the possibility for the Photographer to claim damages.
10.4 In the event of a specific need (modifications or adaptations), the Client is invited to contact the Photographer directly, who may offer an additional service for an additional fee.
11. Force majeure and cancellation
11.1 Force majeure is considered to be any event that is unforeseeable, irresistible and beyond the control of the parties and makes the performance of the contract impossible or permanently impracticable (e.g. accident, serious illness, natural disaster, major breakdown).
11.2 In the event of force majeure affecting either party, the obligations arising from the contract shall be extinguished without compensation. The party relying on it is obliged to promptly inform the other party.
11.3 The Client has a right of withdrawal up to 7 days before the agreed date for the shoot. In the event of withdrawal within this period, any deposits already paid will be refunded.
11.4 Any cancellation of the contract by the Client less than 7 days before the shoot, except in cases of force majeure, will result in the invoicing of 50% of the amount of the quote, or a higher sum if the value of the work already carried out exceeds this amount.
11.5 In the event of cancellation of the service by the Photographer (except for force majeure), all sums received will be reimbursed in full to the Client, without further compensation.
12. Breakdowns and technical incidents
12.1 In the event of equipment failure or technical problems making it impossible to carry out or take the proper course of the photograph, the Photographer will propose a new date to the Client, at no additional cost. If no new agreement is reached, the sums already paid for the session will be reimbursed in full, without further compensation.
12.2 In the event of a serious technical failure occurring after the shooting and compromising the delivery of the files, the Photographer will fully reimburse the amount paid by the Client for the service, without further compensation.
12.3 The Photographer's liability is strictly limited to direct and proven damage resulting from gross negligence or intentional misconduct. Any liability for indirect or consequential damages, such as loss of data, loss of profit, loss of business opportunities or any immaterial damage, is expressly excluded.
13. Digital File Management & Archiving
13.1 The raw digital files (RAW) remain the exclusive property of the Photographer and are not delivered to the Client under any circumstances. The photographs provided are those reworked and finalized according to the quality standards of the Photographer.
13.2 The Photographer keeps the final files for a period of 2 years after delivery. After this period, they may be removed without notice. However, the free availability of the files is only guaranteed for 6 months after the initial delivery.
13.3 The Client is solely responsible for the retention and backup of the files delivered after they have been transmitted. It is up to him to record them on a durable medium. The Photographer cannot be held responsible in the event of loss, deletion or damage to the files by the Client.
13.4 Any request for the recovery of archives beyond 6 months after delivery may be charged €50
13.5 No guarantee of backup of files is given beyond the 2-year retention period.
14. Copyright
14.1 All photographs taken under the contract are works subject to copyright, which belongs jointly to the Photographer. The delivery of the photographs to the Client does not constitute an assignment of copyright.
14.2 For any external use, in particular on a website or social networks, the Client is required to include the name of "Distort Tears" or the Photographer in the description of the publication.
14.3 For an additional fee, the Client may be released from the obligation to include the name of the Photographer(s) (royalty-free image). This agreement may be limited in time or subject to restrictions as to the context in which it applies.
14.4 Any commercial use of the photographs (advertising, marketing, sponsorship, corporate promotion, etc.) by the Client must be subject to a specific licence and additional invoicing, previously accepted in writing.
15. Image rights
15.1 The Photographer may only use the photographs taken for the Client for promotional purposes (website, social networks, portfolio, exhibitions, competitions, etc.) with the express consent of the Client. This agreement may be given orally or in writing.
15.2 The Client retains its image rights and may revoke its consent at any time or attach special conditions to it (e.g. limitation of time, restriction to certain media, anonymisation).
15.3 For any commercial use of the photographs by the Photographer, the Client must give his written consent in the form of an assignment of image rights. This stipulates the conditions of use of the images, the duration of the transfer and the sharing of the profits generated.
16. Free Collaboration (TFP)
16.1 Definition: A free collaboration (TFP) implies an exchange of services between the Photographer and the Model: the Photographer provides a photo session without remuneration, in exchange for the right to distribute a certain number of images.
16.2 Authorization of distribution: The Model expressly authorizes the Photographer to use the images from the TFP session for promotional purposes (website, social networks, portfolio, etc.), without limit of medium or duration, unless otherwise stipulated below.
16.3 Refusal to publish: In the event of explicit refusal on the part of the Model concerning the dissemination of images, the TFP session will be transformed into a standard service and invoiced according to the current rate of the Connoisseur offer (currently €450). This invoicing is due even in the absence of an explicit order from the Model, as long as a TFP session has been carried out.
16.4 Acceptance and proof: This article only applies to TFP collaborations formalized in writing (signature of a TFP quote or explicit validation by e-mail, Instagram/Facebook message). The mention "TFP" must be specified and agreed upon before the meeting. In the absence of such prior agreement, the usual rules relating to image rights (art. 15) and copyright (art. 14) remain applicable.
16.5Reminder of rights: The Photographer retains all the copyright on the images produced (art. 14). The Model retains his or her image rights (art. 15), which may be revoked or limited by express agreement.
17. Gift vouchers and promotions
17.1 Gift vouchers must be paid for at the time of ordering. They are not nominative but are neither exchangeable nor refundable. In addition, gift vouchers are only valid for the services mentioned.
17.2 Gift vouchers can be delivered in physical form in accordance with Article 6.2 or electronically (by email).
17.3 The promotional gift vouchers offered by the Photographer are nominative, cannot be combined and are subject to the same restrictions as standard gift vouchers.
18. Data protection
18.1 The Photographer collects the Client's personal data that is strictly necessary for the administrative management of the contract (contact details, invoicing, organisation of sessions) and keeps them in its database.
18.2 This data may be used by the Photographer for promotional and communication purposes, in particular for the sending of generic or personalized offers. Under no circumstances are they transmitted to third parties without the Client's consent.
18.3 The Client has the right to access, rectify and delete his personal data at any time, in accordance with the Data Protection Act.
19. Miscellaneous provisions
19.1 Amendments or additions to the contract are only valid in writing.
19.2 The signed estimate is equivalent to an acknowledgement of debt for the amount indicated.
19.3 The Client is liable for any damage caused to the Photographer's equipment or to third parties during the service, if such damage results from negligence on the part of the Client or its guests.
19.4 The Client is encouraged to take out appropriate insurance to cover unforeseen events (cancellation, bad weather, illness, etc.). The Photographer cannot be held responsible for the partial or total non-realization of the images resulting from such cases.
19.5 If any provision of these GTC is declared invalid or unenforceable, the remaining provisions shall remain in full force.
20. Applicable law
20.1 The contract is governed exclusively by French law.
20.2 For all disputes arising from the contract between them, the parties agree to submit to the exclusive jurisdiction of the courts of Lyon, the place of the Photographer's studio.
Acceptance of these T&Cs is a prerequisite and essential for any service provided by the Photographer.