On this page you will find a copy of the terms of a standard wedding photo contract. This is not the official contract.

(Please note, this is not your official contract)

Terms of Sales

These general conditions of sale create a legal agreement and apply to all orders and all sales of services and products concluded between the client and the photographer {photographe_coordonnees}.

The photographer reserves the right to modify these general conditions at any time. Each order is governed by the general conditions applicable on the date of the order.

Summary of important points of the contract:

1. By booking a service, you accept all the terms of this contract.
2. To reserve a service, you must pay a deposit.
3. The photos in the online gallery are free to download in web format with signature and HD formats require payment for guest access.
4. My photos are retouched in the style that you can see on my site or my social networks.
5. In general, final delivery takes place between 2 to 5 weeks.
6. I keep your photos for 3 months so don’t forget to make multiple, secure copies.
7. Some of your photos will be used for my communication. If, however, you wish to object, an additional €150 option is available which corresponds to the shortfall.
8. You can publish my photos, remembering to credit and identify me.
9. For personalized photobooth layouts, we only collect the graphics that you provide to us (announcement card, invitations, etc.) to integrate them into the print layout. There is no graphic design.
10. I must have an identical meal to your guests to be served at the same time.
11. The service providers’ table during the evening meal must be set up close to your guests so that I can see what is happening and intervene at any time.
12. If I arrive before noon on the day of the wedding, you will need to provide me with a meal.
13. If your wedding is more than an hour and a half drive from my studio, I may sleep there. We must see this possibility together.

Article 1 : subject

{photographe_nom} offers private and public photographic services as presented on its website: {photographe_site}.

Reserving a service is equivalent to placing an order by the client and entails full acceptance of these general conditions of sale, except for special conditions granted by the photographer to the client.

Any document other than these General Terms and Conditions such as catalogue, prospectus, advertisements, notices, has only informative and indicative value, not contractual.

These general conditions of sale form an indivisible contractual document with the service contract signed by the customer.

Article 2 : order

Reservations for a photographic service are made exclusively by email or telephone (following the contact information provided on the photographer’s website) or via the customer interface of the fotostudio.io platform.

All orders are accepted upon receipt of the deposit and following the agreement of the photographer. The contract must be completed and signed by the customer including practical information (date, location, etc.). It can be signed online via the fotostudio.io platform or returned signed to the photographer by sending an email.

In the absence of payment of the deposit and receipt of the contract within 7 days following sending of the contract by the photographer, {photographe_nom} does not commit to keeping the date.

Article 3 : prices and payment terms

Prices are displayed inclusive of taxes and depend on the rates applicable on the date of the order. If they vary subsequently, any previously fixed service will keep the price applied when the order was taken.

Quotes established by the photographer are valid for 30 days.

A deposit of 50% will be requested to validate an order. It can be paid by bank transfer or by online payment.

The order is only effective after receipt of the deposit and must be validated by the photographer.

In the absence of payment of the deposit, {photographe_nom} does not undertake to keep the service date available.

Any excess of the services provided for in this contract will be invoiced to the customer.

Penalties of 5% will be charged to the customer in the event of payment made more than thirty days after the service.

The balance will be paid by the customer no later than the day of the service. Non-payment of the balance results in the cancellation of post-production and delivery of the photos. The deposit received cannot be returned. Post-production of the photos as well as final delivery can only be done when the order has been fully paid.

Article 4 : fees

If the quote is expressed free of charge, they will be invoiced separately.

Article 5 : catering

Concerning catering during an event, the client plans for the photographer a dinner identical to the guests and served at the same time. It will also be necessary to plan a lunch depending on my arrival time.

The client must provide a table for the photographer’s meal near the main dining room.

Article 6 : accommodation

For events more than an hour’s drive from {photographe_nom}, the client provides accommodation for the photographer the evening before and the evening of the event, so that he can work carefully, without time constraints or fatigue, and to avoid any danger on the road. They will be invoiced separately if applicable.

Article 7 : modification of the service

The date on which the photographs will be taken cannot be changed.

A modification of this date could only take place after agreement from {photographe_nom}, depending on his availability. In the absence of agreement, the customer may request cancellation of the service under the conditions specified below.

Article 8 : condition of cancellation or postponement

8.1 Cancellation by the customer:

In accordance with the law, the customer has a withdrawal period of 14 days from the day following the conclusion of the order.

Withdrawal will be made by email as well as by tracked letter, the date of which will be taken as proof.

Any withdrawal request made within the time limit will result in the refund of the deposit. Unless the service has already been carried out in whole or in part.

After this period, cancellation of the contract by the customer will not result in any deposit being returned.

8.2 Cancellation by {photographe_nom}:

{photographe_nom} reserves the right to cancel a photographic service in the event of force majeure. Such cancellation will neither incur liability nor give rise to the payment of damages for any reason whatsoever. In this case, {photographe_nom} returns the deposit to the customer in the event of termination of the contract due to force majeure and undertakes to put the customer in contact with one of his trusted colleagues.

The resolution will be notified by email as well as by registered mail, the date of which will be taken as proof.

8.3 Exceptional blocking:

In the event of an exceptional blockage defined by a competent authority and making it impossible to provide the service in its entirety, the total amount of the deposit will be transformed into a credit valid for all services provided by {photographe_nom} depending on his availability. No deposit can be returned.

Under no circumstances is the responsibility of {photographe_nom} cannot be held liable or give rise to the payment of damages for any reason whatsoever.

8.4 Date postponed:

Postponing the date of performance of the services is only possible in the event of mutual agreement of both contractors. If no agreement is reached, the contract will be canceled according to the cancellation conditions mentioned above.

Article 9 : execution of the service

The photographs are taken by {photographe_nom} or, in the event of a major problem, by any other photographer designated in agreement with the client.

The photographer is not subject to an obligation of result. He makes every effort to provide quality images, as stipulated in the order. The content of these images is left to the artistic appreciation of the photographer.

Accordingly, Clients recognized that Photographs are not subject to rejection based on Client taste.

Article 10 : customer obligations

The time set for the service is mandatory and any delay by customers may be charged against the time previously agreed for the service. If you are more than 30 minutes late, the session will be canceled and the deposit will not be refunded.

Customers declare that they are of legal age, freely pose for photos and, if necessary, authorize photos of their children.

The photographer cannot be hindered during his performance by amateur photographers.

Children present during the photo service remain the responsibility of their parents. In the event of material damage caused by the customer or any other person present during the performance of the service, the repairs will be invoiced in full to the customer.

Article 11 : post-processing of report photos

Post-processing, just like shooting, is specific to the photographer and is an integral part of his work, his style and his artistic universe. The photographer is the only one to decide what post-processing he will apply.

The selection of photographs is made from all the originals and only by the author photographer unless there is a specific prior request by mutual agreement of both contractors.

If the contract does not mention it, photo retouching is understood in terms of brightness, contrast, colorimetry and framing.

Any additional retouching requested by the client will be accepted or not by the photographer who reserves the right to invoice additional work per image according to current rates.

Only photographs processed by {photographe_nom} will be usable by both contractors.

Article 12 : delivery

{photographe_nom} makes every effort to ensure delivery of photos as quickly as possible (announced when ordering).

A delay in delivery or performance cannot be invoked by the customer to request cancellation of the contract, claim damages or assert or any other claim.

{photographe_nom} is not held responsible for the printing quality of photos ordered from the online gallery, other printing laboratories or printing websites.

Delivery costs are included for shipments to France. Delivery costs for shipments outside France are the responsibility of the customer and will be invoiced to the customer subsequently.

Delivery of digital files is in the form of JPEG files.

Only selected and retouched photographs from the wedding report will be delivered as well as photographs and videographies taken by the photobooth.

Digital formats of photos are delivered to online gallery. The videos taken by the photobooth will be delivered on a USB key.

Article 13 : storage time

From their delivery to the client, the photographs are kept and archived under the entire responsibility of the client. The customer is invited to make backups on various media.

The photographer accepts no responsibility in the event of loss or damage to digital files given to the client. However, the files remain available for 3 months and can be returned if necessary.

Article 14 : responsabilities

14.1 Bad weather conditions

In the event of degraded weather or climate conditions such as thunderstorms, storms, heavy rain, {photographe_nom} cannot be held responsible for the non-execution or partial execution of the services initially planned for the order when the photos must be taken outdoors.

When the purpose of the order allows it, the session will be postponed to a later date for shots subject to the influence of weather conditions.

14.2 Force majeure or illness

Force majeure is considered to be an unforeseeable external event that makes the performance of the service impossible (accident, death of a parent, etc.). Either party may assert this right when force majeure is established.

14.3 Technical problem and accident

{photographe_nom} undertakes to provide itself with sufficient equipment to provide all of its services and to ensure that it uses equipment in good repair and operating condition.

In the event of a technical problem with the photographic equipment or any accident during the service preventing the photographer from submitting the requested work, the entire amount paid will be refunded, without giving rise to the payment of damages.

In the event of loss or damage to the photos before their delivery (burglary, fire, etc.), the customer will only be able to claim reimbursement for the service.

Article 15 : intellectual property

Photographs constitute intellectual works, as defined by the intellectual property code, of which {photographe_nom} is the Author. (art. L112-2 CPI)

The photographs are reserved for the client’s personal use, use subject, whatever the medium, to compliance with the provisions of the intellectual property code, and more generally the laws and conventions relating to copyright. No photograph may be modified in any way whatsoever without the prior written consent of {photographe_nom}. The client undertakes to respect the integrity of the works of {photographe_nom}, and in particular to faithfully render the colors, without truncating or distorting them. (art. L121-1 CPI).

The transmission of media (paper prints, originals and photographs stored on computer media) does not entail, nor does it imply the transfer of exploitation rights to the photographs (reproduction and/or representation rights). The photographs, in digital or analog format, remain the property of {photographe_nom} or its beneficiaries. (art. L111-3 CPI)

Any use, whatever it may be (distribution, exhibition, reproduction, etc.), other than strictly personal, of a photograph is therefore prohibited without the prior written consent of {photographe_nom}. In case of agreement of {photographe_nom}, a written agreement will be regularized providing for the payment of exploitation rights for the photographs corresponding to the intended use. (art. L131-3 et 4 CPI).

The customer holds the rights to print and reproduce photos for private purposes only unless prior agreement is given.

The customer is held responsible for any violation of the aforementioned prohibitions.

Article 16 : rights of people and property represented

The use of one or more photographs does not exempt the client from ensuring that the rights linked to the people and property photographed are respected (image rights / art. 9 of the civil code). The use made of the photographs is, in this matter, the sole responsibility of the client, or any user. It is therefore up to the user of the photographs to obtain, where applicable, the necessary authorizations.

Article 17 : use of photographs by {photographe_nom}

The customer hereby authorizes {photographe_nom}

to freely use the photographs taken, on all media, in order to promote their professional activity, subject to respect for the rights of the people and property photographed.

The client accepts that his image is used on the websites www.thomasbertini.com, www.lightonstudio.fr, www.lamachinephoto.fr or on the Photographer’s networks: instagram, facebook, zankyou, mariage.net, mywed.com.

In all cases, {photographe_nom} undertakes not to use any photograph likely to harm the private life, image or reputation of the client.

The customer can freely oppose the transfer of image rights. However, he must mention it in writing (email, or mention on quote) before signing the contract. This refusal constitutes a failure for the communication of {photographe_nom} which charges a surcharge for the services in question. For weddings, an “Opposition transfer of image rights” option at €150 will be charged extra.

Article 18 : authorization of publication by the client

{photographe_nom} authorizes the client to publish the photographs on social networks, blogs or websites if and only if the following conditions are met:
In any event, the client is prohibited from using any photograph likely to harm the private life, image or reputation of the Photographer.

The Client undertakes to respect the integrity of the Photographer’s works, and in particular to faithfully render the colors, without truncating or distorting them.

Any publication must mention a photo credit in the name of Thomas Bertini Photography as well as a link to the website www.thomasbertini.com in the text accompanying the photographs.

Article 19 : service schedule

The customer undertakes to provide {photographe_nom} the schedule of the service at least 30 days before the date of the event. No organizational problem can be attributed to {photographe_nom}.

Article 20 : raws files

Raws files are the property of {photographe_nom} and can not be given to the customer.

Article 21 : autonomous photobooth rental conditions

{photographe_nom} supports the transportation, installation and removal of the photobooth. The photobooth will be removed when {photographe_nom} will have finished the photographic report of the wedding.

The customer can decide to keep the photobooth all weekend. In this case, the customer undertakes to prevent {photographe_nom} 30 days before the event date.

The customer will therefore take full responsibility for the photobooth. The person collecting the photobooth must have a deposit check for €900 in their name as well as their personal identity document. She will also have to complete and sign on her behalf a rental contract as well as an inventory.

If the customer has not provided the requested elements, the rental cannot take place and {photographe_nom} will leave with the photobooth at the end of his wedding reportage service.

The photobooth will be returned on Monday morning by the customer to the photographer’s address.

Article 22 : additional recharge

For stand-alone rentals, additional rolls can be provided to the Customer on request and invoiced upon return if they have been started. The price of a refill is €110 including tax and contains 400 prints in 10x15cm format. Rolls not returned are considered due.

Article 23 : additional day of rental

The additional 24-hour day costs €150 including tax. Provided that the photobooth is available.

Article 24 : delay in restitution

Any delay in returning the Photo Booth will be invoiced retrospectively. The invoice must be paid as soon as possible. Any day that begins is considered due.

If the next rental could not be honored due to a delay in recovering the photobooth caused by the customer, the damage caused will be invoiced retrospectively. The invoice must be paid as soon as possible.

Article 25 : photobooth layout customization

The client undertakes to provide the graphic elements at least 30 days before the event.

Any modification request after validation by the customer by email will result in additional invoicing.

All print layouts will include the mention LaMachinePhoto.fr.

The creation of layouts is carried out within the limits of the skills of {photographe_nom}. We reuse the graphic elements that the client provides (no complete creation).

{photographe_nom} cannot be held responsible for any dissatisfaction with the creation of the photobooth layout.

Article 26 : electrical need for the photobooth

A standard electrical outlet must be within 5m of the Photo Booth location.

The passage of electrical cables must be secure.

{photographe_nom} cannot under any circumstances be held responsible in the event of a technical incident or accident.

Article 27 : improper use of photobooth

When renting the photobooth, if {photographe_nom}

notices that people are not using the equipment correctly at the risk of damaging it, it reserves the right to permanently stop the service.

Such cancellation cannot incur the liability of {photographe_nom} nor give rise to reimbursement of the service or payment of damages for any reason whatsoever.

Article 28 : personal data

The personal information collected when placing an order is intended exclusively to ensure customer management and in particular the monitoring of reservations with a view to the successful completion of the service ordered.

The photographer undertakes not to communicate this information to third parties for any reason whatsoever.

Article 29 : applicable law

The contractual relations between parties to which these general conditions apply are governed exclusively by French law.

Any dispute relating to the formation, execution or interpretation of these general conditions as well as to all agreements to which they apply, will, in the absence of amicable agreement, be subject to the exclusive jurisdiction of the French courts and more particularly city courts.

Any legal action must be taken before a court located in the department of residence of the photographer.

The customer acknowledges having read the general conditions of sale above.