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ARTICLE 1:   PRE-CONTRACTUAL INFORMATION

These General Terms and Conditions of Sale (hereinafter "the T&Cs") apply automatically to any UNDERWA serviceTER or underwater photo session (hereinafter "the Service") carried out by the Photographer, Claire JEANJEAN for thes customers (hereinafter “the Customers or the Sponsor”), at the location of the shooting and for the date(s) that will be indicated to it.

The signing of this agreement by all parties implies acceptance by the Photographer of the reservation request. The reservation is definitively validated from the receipt of the deposit.

Customers can consult these Terms and Conditions simply, freely and at any time. Any Service implies the Customers' unconditional acceptance of these GCS, which prevail over all other conditions, with the exception of those which have been expressly accepted by the Photographer.

Prior to the placing of the order and the conclusion of the agreement, these GCS are communicated to the Customers, who acknowledge having received them. The following information is transmitted to them in a clear and understandable manner: the essential characteristics of the Service; its price and that of ancillary costs; information relating to the Photographer, his contact details, and his activities; information relating to legal and contractual warranties and their termsimplementation; the possibility of resorting to conventional mediation in the event of a dispute.

ARTICLE 2:  DEFINITION OF THE SERVICE

As part of an underwater shoot, the Sponsor contacted the Photographer to produce an aquatic photographic report for personal memories. The Sponsor chose the Photographer for her artistic approach, her specificity in aquatic photography, and her ecological sensitivity. 

Benefit :  The Photographer will be present for a period of approximately 2 hours, including the time of preparation, installation, and shooting. The Photographer undertakes to complete his Service when he has taken enough Photographsfor provide the Sponsor with the agreed number of images.

During her time of presence, the Photographer will carry out the aquatic shoot including:

  • 5, 7 or 10 finalized images depending on the chosen collection

  • The foreseeable duration of shooting in the water: 1h30

An underwater experience generally lasts 2 hours between customer reception and leaving the pool. The Photographer will begin the photo session from the moment the equipment is installed. The end of the shoot is determined by the number of images required corresponding to the estimate.

The choice of poses, outfits, accessories, make-up, positioning and enhancement of the models is made by mutual agreement between the Photographer and the Sponsor, on the suggestion of the Photographer, who remains free in his artistic performance. Any additional image will be subject to additional invoicing.

Photographic style:The Photographer presents the Service and its essential characteristics on its website. The photographs and graphics presented by the Photographer reflect his photographic style and his artistic approach, but do not constitute a contractual commitment and cannot in any way engage his responsibility.

Material :the Photographer uses recent and efficient equipment, revised before the Service. The Photographer also provides textiles for the photo shoot. In the event that the Photographer's equipment is damaged during the underwater photo session due to the behavior of the Clients or any person present at the shooting location, the repair or replacement of it will be invoiced to the Clients.

Organization : the Photographer gives the Clients an information sheet that they must complete with all the information necessary for the smooth running of the Service. Customers must answer the questionnaire and make themselves available for appointments, by telephone or in person, for organization and preparation.

Delivery :The Photographer guarantees a number of Photographs in his basic package, indicated on his website or the estimate. All plans include delivery of the Photographs by online gallery, available for one year and containing the final images. Customers will be able to download the Photographs securely through this platform, and share them with their loved ones. The Photographer undertakes to send the link of the online gallery to the Clients within one month after the underwater shooting. In the event that this period should be exceeded, the Photographer undertakes to inform the Clients as soon as possible. Upon receipt of the gallery, Customers have a period of fifteen days to submit any comments they may have. Beyond this period, no complaint will be admissible. Any delivery on other supports (album, prints, etc.), will be carried out deferred. The date will be mentioned in the quote or agreed by email with the Customers.


Price :The price of the Service is expressed in Euros, all taxes included, any travel costs are invoiced in addition, as detailed below. The Photographer reserves the right to modify its prices at any time. The Service will be invoiced on the basis of the rates in effect at the time of acceptance of the order. An advance of 30% (thirty percent) of the total amount is paid by the Sponsor at the signing of this agreement. The amount is recalled in the quote or on the Photographer's website. Payment of the balance takes place no later than  day of the date of the Service. Any additional images will be charged extra.

Payment method: Payment can be made by bank transfer or cash, regardless of the amount of the Service. The Photographer reserves the right to suspend any reservation in the event of refusal to authorize payment by credit card or from officially accredited bodies or in the event of non-payment. The Photographer specifically reserves the right to refuse to honor an order from a Sponsor who has not fully or partially paid for a previous order or with whom a payment dispute is in progress. Failing payment of the balance, the Photographer may automatically terminate the agreement and without the Sponsor being able to claim any compensation. The diligences not provided for in the mission contract will be the subject of an amendment and additional invoicing.

Shift : A fixed price is mentioned in the estimate. They include travel from the Photographer's home, 30 rue du levant, L'Espadon A, n68, 34130 CARNON PLAGE, to the shooting location. Travel costs are defined in advance with customers by estimate. If these turn out to be higher than expected, the Photographer may request reimbursement of the latter on a real basis.

ARTICLE 3:  ORDER

To register the reservation and accept the Service, the Photographer must have in his possession:

 - The detailed estimate accepted by the client (the special conditions of sale), or reply email requesting a shooting date

 - These T&Cs accepted,

 - A deposit check, bank transfer or un settlement  in cash, 30% of the amount of the estimate.


The reservation is acquired after receipt and effective collection of the down payment. Any complete reservation is deemed firm and final.

ARTICLE 4:  EFFECTIVE DATE AND DURATION

This agreement is valid, without territorial limit, for an unlimited period.

ARTICLE5:  CANCELLATION

Customers have a period of fourteen daysurs to exercise their right of withdrawal without having to justify reasons or pay penalties. In the event of a cancellation beyond the fourteen-day period, the sums already paid will be retained by the Photographer as irreducible contractual compensation for termination of the agreement. The sums paid may be used as a deposit in the case of a subsequent Service taking place the same year.

In Le case where the Photographer is unable to perform the agreed Service, (force majeure, health reasons, accident, death, pregnancy, hospitalization, concerning her person or a loved one,famine, world war or even alien attack and covid 19), Customers will have the choice between a refund of all sums previously paid within fourteen days, or replacement by a Partner Photographer selected and recommended by the Photographer, under the same financial conditions as those provided for in this agreement.

ARTICLE 6:  SPONSOR'S OBLIGATIONS

The Sponsor acknowledges having engaged the Photographer because of her photographic style. Consequently, he will leave him full freedom to carry out the Service, to choose the Photographs and the retouching according to his sole inspiration.

The Sponsor agrees to make itself available forprepare the Service with the Photographer, by telephone exchanges or zoom necessary. In the absence of discussions prior to the Service, the Photographer cannot be held responsible for the impact of this preparation on his Service.

The Sponsor undertakes to make every effort to enable the Photographer to carry out the Service under the best conditions, in particular the Sponsor undertakes to:

- sign, have the models sign, and hand over the image rights authorizations to the Photographer no later than the day of the Service

- obtain authorization to take photographs in the chosen places if the latter has proposed a place other than that of the Photographer

In the absence of authorization duly completed and signed, the Photographer cannot be held responsible for the non-performance of his Service.

The Sponsor agrees to respect the copyright of the Photographer as described and agreed in article 10, not to modify the Photographs or to use them without the express authorization of the Photographer.

The Sponsor agrees to pay the price according to the financial terms described in Article 13.

The Sponsor declares to be covered by its professional civil liability insurance within the framework of this Service and for all persons present on the premises.

ARTICLE 7:  OBLIGPHOTOGRAPHER'S ACTIONS

The Photographer undertakes to put all his experience and artistic sensitivity as well as all the technical means necessary for the proper performance of the Service, which he undertakes to carry out in the rules of the art, and in all discretion.

The Photographer uses recent and efficient equipment, revised before the Service. She undertakes to establish another shooting date in order to be able to provide her Service in the event of malfunction of her equipment. In the event that the Photographer's equipment is damaged during the Service due to the behavior of the Sponsor or any person present at the location of the Service, the repair or replacement thereof will be invoiced to the Sponsor.

The Photographs are delivered by online gallery to the Sponsor, available for download for one year and containing the final images. Any delivery on other media will be the subject of an amendment to this agreement.

The Photographer undertakes to send the link of the online gallery to the Sponsors within one month after the Service. In the event that this period should be exceeded, the Photographer undertakes to inform the Sponsor as soon as possible.

Upon receipt of the gallery, the Sponsor has a period of seven days to share any comments and its final choice. Beyond this period, no complaint will be admissible.

The Photographs will then be archived on the Photographer's private servers for a period of 2 three years.

The Photographer declares that he has taken out professional liability insurance for the performance of his activity as a Photographer.

ARTICLE 8:  HYGIENE AND SAFETY

The place must comply with the safety requirements as defined by the Photographer in order to ensure the smooth running of the Service.

Consequently, the Photographer reserves the right not to carry out or to stop the Service in the following cases: the place is imposed on him, the place does not comply with legal obligations, the qualified personnel for monitoring the pool is absent or not qualified, the safety instructions transmitted are not respected.

The Sponsor undertakes to implement the instructions transmitted by the Photographer, and to have them respected by all participants. He engages his contractual responsibility in this respect.

The Photographer undertakes to implement all the health and safety conditions necessary for the smooth running of an aquatic photo report and in particular he guarantees the obligation of safety inherent in this activity by monitoring bathing areas in the environment. artificial or natural, by qualified personnel (including lifeguards), and provides for the presence of a third person outside the pool who will serve as an observer and can intervene or alert in the event of a problem. The Photographer ensures that access is clear to be able to intervene quickly in the event of a problem, and a first aid kit.

In the case of a private place, proposed by the sponsor, the obligations mentioned above are incumbent on both the sponsor and the photographer.

Organization in summary:The sessions take place either in the swimming pool or in the natural environment depending on the service selected and the possibilities (weather condition, water temperatures, etc.) In the vast majority of cases, the photographer rents access to a swimming pool adapted for the session. The price of the pool rental is generally included in the service. If such is not the case, the supplement for the hiring will be specified in the estimate. It is also possible to carry out this session in a private swimming pool, at the home of the models or that of one of his acquaintances if this one meets all the criteria of an underwater session (bottom color, depth, water quality, light, etc.). The aquatic photo session can only be optimal if a preparation has been made. With this in mind, the Photographer will provide an information sheet, at the same time as this contract, which customers must complete with all their information: state of health, desire for image and identity. A physical meeting or a telephone interview may also be carried out. In the context of an aquatic pregnancy, The Photographer reserves the right to request a certificate of non-contraindication to the practice of short apnea in the pool which will be issued by a midwife or the doctor following the pregnancy of her model. In addition, expectant mothers are strongly advised to take several childbirth preparation courses in the swimming pool with a midwife before the session. Their aquatic ease will only be better and they will be mless tired.

Safety in a nutshell:All aquatic activities require great vigilance. The photographer asks Clients to always be accompanied by a trusted person during aquatic sessions. This is to make customers feel comfortable and relaxed, avoid driving after swimming pool physical exertion. The Photographer organizes the presence of a state-qualified lifeguard to supervise the swimming pool (this service generates an additional cost). The realization of an underwater photographic session is carried out in an aquatic environment. For the safety of the activity, customers must be aware of the risks associated with the aquatic environment. Before the start of the shoot, the Photographer will present the general framework for the organization of the session and the security for its smooth running. In order to perform an aquatic photo shoot, the models must have the necessary physical skills, know how to swim, be comfortable in the water, and of course have no contraindications or medical pathologies that could compromise the practice of photography. an underwater photo shoot. In case of doubt, customers are invited to speak with the photographer and contact their doctor or midwife to avoid all risks.

ARTICLE 9:   RIGHT TO IMAGE

Customers declare to pose freely and voluntarily during the shooting Underwater, for each of the Photographs taken by the Photographer.

The Clients authorize the Photographer to reproduce, represent, adapt and communicate to the public, the Photographs, in whole or in part, for the purpose of professional promotion exclusively on the following communication media: website, website gallery, blog, brochure, professional pages of social networks (Linkedin, Instagram, Facebook, Pinterst, Tiktok...), professional book, press kit, communication at trade shows, exhibitions, flyers, as well as to keep them in its archives.

This authorization is granted to the Photographer for any use made directly by her, with strict respect for the image of the person, her reputation and her private life, throughout the world, for a period of five years from the signing of this authorization, without limitation of the number of reproductions and/or representations.

This authorization does not allow Clients to have copyright in the Photographs, which remain the exclusive property of the Photographer.

ARTICLE 10:  PROPERTY OF PHOTOGRAPHS

The Photographs remain the exclusive property of the Photographer in accordance with Copyright.

Customers receive with the Photographs, the right to distribute them in their private circle (family and relatives), by email or by giving them access to the gaprivately, and via Facebook or Instagram under the following conditions:

- the Photographs must not be the subject of any modification (in particular colors, contrast, cropping): the Photographer retains the exclusivity of the digital processing of Photographs, and their infographic modification.

- the Photographs must be systematically accompanied by the mandatory copyright notices: namely, the Photographer's logo and the mention "photo credit: Claire Jeanjean" in the text caption.

Any other use of the Photographs, and in particular any commercial use, on any material or immaterial medium, is strictly prohibited and must first be authorized by the Photographer. The Photographer's authorization will be conditional on the payment of financial compensation proportional to the use of the Photographs covered by this request (in particular the extent of their use, destination, media, duration, territory).

ARTICLE 11:   COPYRIGHT

The Photographer authorizes the Clients on a non-exclusive/exclusive basis, the right to represent and reproduce the Photographs:

- territory :France / worldwide / etc.
- duration :for life
- brackets:private / social networks and personal impressions

- use :staff

For any other use, the Photographer's authorization will be subject to the payment of financial compensation proportional to the use of the Photographs covered by this request (in particular the extent of their use, destination, media, duration, territory).

ARTICLE 12:  COMPUTERS AND FREEDOMS

In application of the Data Protection Act of January 6, 1978, Customers have the right to access and rectify recorded data. The Photographer treats all information concerning its customers with the strictest confidentiality. When ordering, only essential information is requested (surname, first name, address, e-mail) for efficient processing and careful monitoring of the order. If this data is entered online, it will be stored on a secure server.

ARTICLE 13:  LANGUAGE, INDEPENDENCE OF CLAUSES AND JURISDICTION CLAUSE

This agreement is written in French. In the event that they are translated into one or more foreign languages, only the French text shall prevail in the event of a dispute. In the event that a provision hereof is deemed unlawful, invalid or unenforceable by a competent court, the other provisions shall nonetheless retain their full effect.

 

Before initiating any legal action whatsoever, the Parties undertake to meet in order to find an amicable agreement. Any dispute, of whatever nature, falls within the exclusive jurisdiction of the Commercial Court of Montpellier.

Mediator:Mr Dominique COULON
Postal address for sending files: 37 rue des Chênes 25480 Miserey Salines

Website for mediation requests: cc-mediateurconso-bfc.fr

ARTICLE 14:  ANNEXES

The annexes form an integral part of this agreement:

  • quote accepted by Sponsor

  • questionnaire & medical certificate in the context of pregnancy

  • discharge of responibility

TERMS
 general sales

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