Terms & Conditions of Marie Calfopoulos Photography
In the following Terms & Conditions “the Photographer” shall mean Marie Calfopoulos trading as Marie Calfopoulos Photography settled at 6 rue Lafare 84000 Avignon France. “The Client” shall be those who hire the Photographer to perform the services specified in the Contract. Upon signing the Contract, the Client agrees fully with these Terms & Conditions without any restriction.
Booking – Quote – Contract
Any booking shall be confirmed by the Client signing a quote which contains the service specifications : shoot date, hours, location(s), prices and deposits paid. A signed quote becomes a Contract.
In the case of cancellation either in part of in full, please see “Termination – Cancellation – Refund policy – Late payment penalty”.
Prices and payment
Prices quoted to the Client are in Euro tax-free. VAT not applicable, article 293B of the French General Tax Code.
The Photographer reserves the right to modify the pricing at any time, without notice, if any new tax is imposed.
A non-refundable deposit of 50% of the total quote will confirm your booking, along signed quote and full acceptance of the Terms and Conditions. Payment in full of the remaining balance will be due on the date of the shoot.
The Client is to pay all fees and commissions in the case of payment in foreign currencies (bank transfer fees and commissions).
Quotes are free and valid 30 days.
Prices can be modified at any time, without notice, but Contracts already signed and quotes already issued will not be affected.
Special offers, promotions and discounts are only valid for the duration stated on them.
The Client agrees to pay additional fees (“royalties”) if the services rendered by the Photographer are to be copied and/or sold in quantities (e.g. newspapers or online newspapers/media, advertising…).
The Photographer reserves the right to watermark their images until the services are fully paid.
Invoices are to be paid in Euros in bank checks, via Paypal, wire transfer or cash.
Specifications – Modifications
A booking is made of a numbered quote which becomes a Contract once it is signed with the Client’s handwritten mention “agreed” and all the specifications of the service booked.
Any addition or modification of the original quote requested by the Client (shooting times, locations, options etc.) will require a new quote or amendment.
Possible cancellation or reservation modification costs for transportation (train, plane, car rental), accommodation, etc., required by the Client will have to be paid by the Client.
Hourly rates and session time
If the Contract specifies an hourly presence of the Photographer on site, the presence starts when the Photographer arrives on site and ends upon the Photographer’s departure.
No adjustments to session time will be made due to late arrivals of the Client. Breaks that are not requested by the Photographer will be deducted from the session time (location transfers, outfit changes etc.).
Additional time spent on site by the Photographer will be charged extra. Units of less than one hour shall be prorated by 15 minute increments.
Shooting – Location transfers
The Photographer shall be granted artistic licence in relation to the poses photographed, the location used and digital retouching. The Photographers’ judgement regarding the locations, poses and number of photographs taken shall be deemed to be correct.
In order to operate safely and within the limits of the equipment, weather conditions (high winds, lightening, rain, snow) may preclude photography from taking place, in part or in full. In such circumstances the Photographer will contact the Client and arrange to schedule a new session when both parties are available. If the session is interrupted, please note there may be an additional charge for re-visiting the site which will depend upon the location and initial specifications.
The Photographer cannot be held responsible for any missed deadlines due to the prevailing weather conditions.
In spite of all the efforts made by the Photographer to give the best service possible, they cannot be held responsible for unwanted presence of elements (such as vehicles, road-signs, construction, people, quality of the land, natural elements or weather conditions etc.).
Travel during the session is by foot on short distances. Transfer between locations over 2 kilometers away from one another is by taxi at the Client’s expense.
All works are delivered digitally, unless otherwise mentioned in the Contract.
The Photographer must meet delivery times. However, the workload may be higher than the usual especially during high season or because of technical constraints or events beyond the Photographer’s control. Delivery times are given for reference only. No compensation will be paid if these delivery times are not met and bookings cannot be cancelled without the Photographer’s agreement because of late delivery.
Delivery time starts as soon as the Photographer has all the necessary elements to produce the service (photographs, texts, audio files, digital files etc.) as well as the deposit in their possession.
In general, delivery times are specified in the Contract and a tentative delivery date is be given by the Photographer.
The Photographer is exempt from meeting the delivery times if :
– the information required is not given by the Client and/or the Client does not meet their own requirements ;
– delivery is impossible because of force majeure and/or the Client’s doing ;
The Photographer cannot be held liable for late delivery due to manufacturers or carriers.
The works sent digitally to the Client will be available for 2 months. Beyond this time, links might not work anymore.
In the very unfortunate event that the Client should be entirely disappointed with the works of the Photographer, the Photographer will do their best to resolve the matter. The Client shall allow time and means for the Photographer to resolve the matter. If not, the Photographer is exempt from doing so.
The Photographer commits to saving a copy of the works for one year (except disaster beyond their control) and to resend them to the Client as quickly as possible if necessary. Beyond this timeframe, the files might be deleted from the Photographer’s storage.
Termination – Cancellation – Refund policy – Late payment penalty
Any modification of the booking and/or of the Terms & Conditions must be part of a written agreement signed by both parties.
If the Client does not meet the duties established in the Contract and/or the Terms & Conditions, the Photographer is allowed to cancel the Contract without refunding the deposits paid.
In the case of a non-sufficient funds check, the Client will be informed by the Photographer and will have 72 hours to pay the invoice in full.
Any delay in payment shall give rise to interest on account of late payment as stated in the article L 441-6 of the French Commercial Code (legal interest times three), as well as a fixed compensation of 40 Euros per invoice.
In the event of cancellation by the photographer for force majeure cause, or in the very unlikely event of total photographic failure, equipment theft or breakage, liability shall be limited to a full refund of any deposit paid.
Change of mind
In the case of a change of mind by the Client within seven days following the booking, the deposit will be fully refunded. In the case of a change of mind by the Client after seven days following the booking, the deposit will not be refunded, either in part or in full, neither if the service has been completed within those seven days.
In the case of cancellation of a 6-hour + shoot with less than two months to go until the shoot date, full price for the complete quote amount will be required.
Complaints – Litigation
Any complaint about services will have to be made within a maximum of eight days of the delivery to be valid.
The Photographer has the right to substitute the rejected work with good work within a reasonable period.
These Terms and Conditions shall be governed and construed in accordance with the Laws of France. Any dispute concerning the wording and explanation of these Terms & Conditions and a legal relationship between the Photographer and the Client shall be brought before the court with relevant jurisdiction in France.
Safety – Waiver of damages
The Photographer reserves the right to refuse any service that might endanger their health or safety, or damage their equipment.
The Client is responsible for looking after their personal belongings during shootings. The Photographer cannot be held responsible for any damage, loss or theft of the Client’s personal belongings during shootings.
Copyright – Licence
Any images, computer files or printed documentation relating to such images are protected by the Copyright, Designs and Patents Act 1988. It is contrary to the Act to copy or allow to be copied photographically/electronically or by any other means an image created as part of this Contract without the permission of the Photographer in writing.
Upon total payment of the service booked, the Client receives a Copyright Authorization allowing them to use the Photographer’s work :
– To make reproductions of the images and to display the images for their personal and non-commercial use only.
– Unless otherwise requested, the Client hereby allows the Photographer to duplicate and/or modify any work and to display any photograph covered by this Contract to promote their business in advertising, brochures, magazine articles, websites, sample albums etc. The Photographer will not sell work to anyone.
– The Client accepts without restriction to pay royalties to the Photographer if their work is used for commercial or advertising purposes. A written contract between the Client and the Photographer will define the amount of these royalties.
Music and audio files
The Client confirms they own or have fully cleared or obtained all copyrights for music tracks supplied to the Photographer for the video editing services they booked.
It is the Client who must satisfy themselves that all necessary rights, clearances or consents which may be required for reproduction of people, places or items depicted within any works are obtained.
The Photographer will aim to keep their work safe from any malicious activity but cannot be held liable or accountable for malicious actions carried out by persons other than Marie Calfopoulos Photography employees.
Data Protection Act
In accordance with the Data Protection Act of 6 January 1978, all the Client’s computer data are treated with the strictest confidentiality. Client is entitled to consult, correct or erase their data by requesting so to Marie Calfopoulos Photography.