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Terms and conditions of sales
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The present terms and conditions of sales create a legal agreement and apply to every order
concluded between the client and Valerie Kattan, photographer.
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1 - Item
Valerie Kattan offers to do photographic service of private events defined on estimate.
For every order’s execution, the client needs to agree with the terms and conditions of sales,
except special conditions with a written agreement between the client and the photographer.
The present terms and conditions of sales are a contractual document and indivisible from the
estimate document whom must be completed and signed before sending back to the
photographer.
The client must have read the terms and conditions of use carefully before he reserves a photo-
shoot.
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2 – Reservation of photo-reportage
The reservation of a service come about by telephone 06.78.81.50.38 or by email
chasseusedimages@free.fr .
Then the photographer sends an estimate to the client with the present terms and condition of
sales. Those documents must be send back by the client, signed and with a 40% deposit.
This deposit is a commitment action from the client, and allows a commitment action from the
photographer, as soon as he receives it.
The date will be locked by the photographer only when he receives the estimate signed with the
written mention “signed and agreed, agreement of estimate and terms and conditions of sales”,
and the deposit.
A deposit receipt will be established by the photographer as soon as he receives it. In case of
cancellation, the day locked by the client, this deposit will be lost (except in special conditions)
If the documents are not send back within 10 days after the reservation, the photographer
cannot guarantee to be available the day of the prestation.
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3 - Price
The cost are those who are available the day of the command.
If there are any travel expenses, they are included in the estimate in a 25 km round except for
weddings. For wedding, 100 km are included around Vernon (27).
If the service needs a trip, by using train, plane or taxi to go to the place of events, or a night at
the hotel, those fees will be the clients responsibility.
For weddings, if the evening is part of the reportage, the meal is the clients responsibility. Every
extra hour will be charged for the client, 50€.
Prices are including taxes (20% VAT).
The photographer can be accompanied by a third party ( ntern, second photographer), without
the agreement of the client.
This third party does not allow the delivery of extra pictures, no result can be demanded.
No extra fees will be in charged of the clients due to that third party.
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4 – Payment
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Valerie Kattan accept payments in cash, check or bank transfer.
In case of bounced cheque, the client will be advised by the photographer and have a 72h
period to pay the service in cash to the photographer, so the photographer gives the client a
receipt. All payment lateness will cause payments of interest at the minimal rate explain in
article L. 441-6 of commercial law.
If the client cannot fulfill his obligations (lateness or non payment), the service can be declined.
A deposit of 40% is asked at the command of service and the balance the day of realisation of
service (15 days before for a wedding).
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5 - Treatment and delivery of pictures.
After the photo-shoot, the photographer will send, as soon as possible, un link to an online and
secured space to present the best pictures.
The client chooses pictures for impression, based on package choose a the reservation.
Delivery of digital pictures will be on file format .jpg on a CD, DVD, USB device and on the
online and secured space.
Other file formats are the property of Valerie Kattan and could not be delivered to the client.
The photographer could not be held responsible in case of loss or deterioration of digital
pictures. All copy will be in charge of the client.
Post-treatment, like the photo-shoot, is owned by the photographer and is an integral part of his
work, his style and his artistic world.
The photographer is the only one to choose how to treat the pictures. Only the treated pictures
will be given to the client.
No untreated file will be sent to the client and the photographer can destroy it in the time that
suits him.
If the client wants another proposition of post-treatment, this one will bring another estimate.
The delivery will be in exchange of the balance of service and according to the delivery method
chosen by the client.
In case of posting, this one will be on following-letter, colissimo or register post. The
photographer could not be held responsible for consequences due to lateness or loss of the
package by the transporter.
If the package is not delivered, an investigation will be opened by the transporter to find it, this
can last few days.
During this time, no repayment can be make.
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6 – Right to retract
The client as a right to retract during 7 days after the order.
Every revocation during this period gives rise to a repayment of the deposit.
No repayment could be effective is the service has already been done.
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7 – Cancellation
Realisation date is non modifiable. A modification of this date can be effective only if Valerie
Kattan agrees and is available.
If no agreement can be found, the client can ask a cancellation of the service following the next
conditions:
All service, except wedding: until 15 days before the date of photo shoot, only the date can be
changed (according to Valerie Kattan’s availability), the deposit could not be re-payed. During
the 15 days before the date of photo shoot, the balance of estimate is due, except with special
conditions (see next paragraph).
Wedding : until 2 months before the date, the cancellation is possible, but the deposit is not
repaid. During the 2 months before the date, the balance of estimate is due, except with special
conditions (see next paragraph).
All cancellation or report of the date has to be written. Passed the delay announced, the balance
of estimate is due, except with special conditions (see next paragraph).
If the photographer cannot make the photoshoot, he commits to do his best to help client to find
another photographer or to propose another date.
In case of cancellation by Valerie Kattan, if no report of the date is possible, all fees will be
repaid to the client. No additionally indemnification could be demanded.
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8 – Special conditions
Cancellations can be accepted in special conditions (with a written proof).
Cancellations dued to special conditions will give the right to a repayment of all cost (except for
wedding in July and August, only half of the deposit will be repaid).
Example of special conditions:
Death, hospitalisation or serious disease of the client himself or a close family member (partner,
child).
Unexpected childbirth
Serious accident
Cancellation of the wedding
Technical problem and accident:
In case of technical problem with the photographer's equipment, or some accident during the
service, preventing the photographer to cover the events, she informs the client, who will be
repaid of all fees.
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9 – Terms and conditions regarding the photoshoot
If part of the pictures are to be taken outside, the client has to provide for a backup plan in case
of bad weather. In the opposite case, the photographer is not held responsible of the non
realisation of photoshoot. This could not give the right to a repayment.
Also, for wedding services, any couple session postponed later will necessarily subject to a new
quote. The presence of no one except the bride and groom will be autorised, their children and
the witnesses are not accepted during the photos of couple except special request of the
photographer. The children will have to be taken care of by a third person adult and responsible
so as not to hinder the work of the photographer during the shots in which they do not appear. If
a session of shooting of couple is planned in the contract, before or after the day of the
wedding, it can be pushed back in the event of adverse climatic conditions, without giving right
to the payment of damages and interest for some reason whatever. The new shooting date will
be based on the availability of each party.
For wedding services, so that the photographer can make her shots in good conditions, future
bride and groom will take care to warn their guests, hairdresser, makeup artist, as well as the
official representatives (mayor, priest ...) of the presence of a professional photographer during
the day. In the event of a religious celebration, regardless of the nature of the worship, the bride
and groom undertake to obtain the prior agreement of the person in charge of the liturgical
service on the principle of the authorization to photograph. In case of refusal of the latter, the
photographer can not be held responsible for the non-performance of his mission during this
part of the ceremony. For her part, the photographer commits herself to carry out her mission
without disturbing the course of the ceremony and without disturbing the family and the guests.
The bride and groom agree to prepare a list of the desired group photos with the names of the
participants, and to provide three people to call them in the photos: a person on the side of the
bride, a person on the side of the groom and a person on the side of friends. It is also requested
to warn your guests not to take pictures of groups at the same time as the photographer, it
would affect the quality and efficiency of her work.
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10 - Intellectual property
Every photographic achievement confers on the photographer, its author, artistic, patrimonial
and moral property rights, as defined by the intellectual property code. The agreement includes,
among other things, the publication or use of photos for the purpose of promoting the
photographer's activity: such as her website (currently: www.valeriekattan.com), her book
www.chasseuse-d-images.book.fr, her professional Facebook
https://www.facebook.com/ValerieKattanPhotographe27, publication of a possible book
presenting the work of the photographer, exhibitions and competitions, including the right of
reproduction, in particular: catalog, press kits, local, national and specialized press, or any
existing or future process of representation: business cards, CDs, DVDs, composite papers and
personal books of the photographer ...
The possible delivery of photographs on CD does not imply the transmission of intellectual
property rights on the photographs delivered (Article L111-3 of the Code of Intellectual
Property). The photographs delivered are only used for diffusion with the family circle
understood in the broad sense (family and guests).
Concerning the social networks and the diffusion via Internet, the customer undertakes to
distribute the photographs in the state, without making modifications to the work of the
photographer, and to use the files in web format which will be provided for this purpose, and to
ensure the copyright. No publication will be able to intervene on paper (magazine, press, ...) or
virtual (website for commercial use, assignment of rights to third parties) without the agreement
of the photographer previously consulted.
Any violation of this provision will constitute infringement within the meaning of Article L335-2 of
the Code of Intellectual Property. As a result, Valérie Kattan and the client will have to consult
each other if there is a need to exploit the photos in a setting other than that defined in this
agreement. Valérie Kattan remains the holder of the moral rights over all of her work: any
modification of the framing of photographs, any photomontage, modification, retouching,
digitization or any other process, can not be done without the prior agreement, written by the
photographer. The mention of the name Valérie Kattan must appear on each photograph
reproduced publicly.
11 - Right to the image
The customer declares to be of age and to pose freely for photographs, according to the style
which he wishes. If the client is a minor, the signatures of the parents or legal representatives
are mandatory.
The customer is, by law, the inalienable owner of his image and the photographer scrupulously
respects this image right.
The customer consents by the signature of these GTCS that certain photographs are used on
the communication media of the photographer (article 10 above), or states:
-YES for the use of photos on different communication media (website, brochures, etc. as listed
in article 10 above)
-YES for permission to publish some photos on social networks (Facebook, etc ...)
-YES for the authorization to be identified on the photos of the social networks (Facebook, etc
...)
-YES for permission to publish an article on the photographer's website it being understood that
photographs will not be used for purposes that may be detrimental to the persons represented.
No use will be made by the photographer outside of his own communication needs. No rights
will be transferred to third parties without the authorization of the customer. For a wedding
service, the client authorizes the photographer to take pictures of everyone present on the day
of the event.
Any comments or legends accompanying the reproduction or representation of photos should
not affect the image or reputation of the photographer. The customer agrees to be in solidarity
with the photographer in case of damage caused by misuse or misuse of images, by a third
party without his knowledge.
12 - Gift vouchers
Gift vouchers are payable by check, transfer or cash to the order. The recipients of the gift
voucher will have a period of 6 months to perform the service (except in cases of special
conditions related to the photographer who may extend this period).
Gift vouchers are neither exchangeable nor refundable.
13 - Preservation of digital files
The photographer agrees (except disaster beyond his control) to keep digital files for 1 year
after the date of shooting. Beyond that, the backup of the files is no longer assured and they can
be destroyed.
14 - Digital files and printing
It is recommended to the customer to make at least a copy on a hard disk or other support of
the digital files of the photos delivered. If the customer has prints made by a website, it is very
important to uncheck the "automatic retouch" that is sometimes proposed and ruin the post-
processing work done by the photographer.
In the case of printing photo prints, the photographer declines all responsibility for the result
obtained in a laboratory other than that used by her own care. This only guarantees the result
on the prints made by the studios she has previously selected and with whom she is used to
working.
Similarly, the quality of digital files may not be optimal on an unscaled screen. The photographer
declines all responsibilities due to this effect
15 - Modification of the GTC
The photographer reserves the right to modify, at any time, these Terms and Conditions. The
modified terms and conditions will be applicable to any order placed after the date of
modification, including any additional order or related to a previous order.
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16 - Personal data
The photographer is committed to preserving the privacy of her clients. Under no circumstances
will the data collected be sold or given to third parties. The personal information requested from
the customer is intended exclusively for the photographer, for purposes of administrative and
commercial management.
17 - Photographic style, treatment and retouching
The post-processing and the layout of the books, as well as the shooting, are specific to the
photographer and are an integral part of his work, his style and his artistic universe. The
photographer is the only one to decide on the post-processing she will apply to digital negatives
and the layout of the books.
The photographer reserves the right to edit the raw photographs according to her personal and
artistic style, while adapting to each photo. The retouches are realistic (brightness, contrast,
setting black and white, sepia or other effect adapted to the photo), may involve light
embellishments in case of close-up (slight imperfections correction), but will in no way be object
of retouching type mode or beauty.
18 - Applicable law and dispute resolution
All the services provided by the photographer are subject to French law.
The parties undertake, before any legal action, to submit their dispute to the mediator appointed
by the representative bodies of the professional photographers. If no solution can be found after
the mediation, trade of Evreux.