General Terms & Conditions
General Terms and Conditions (GTC) of Japan Photo Shoot.
Signing a contract implies that you have read and accepted the following GTC:
These General Terms and Conditions of Sale (hereinafter “GTC”) create a legal agreement and apply to all orders for services and products entered into between
the Client (hereinafter “the Client”)
and
Damien Gugenheim, of Japan Photo Shoot (hereinafter “the Photographer”),
a self-employed person operating under SIRET number 751 631 508 – APE 7420Z VAT not applicable – Photographer not subject to the tax regime – Art. 293B of the French General Tax Code (CGI).
Any session booking or product order implies full acceptance of these GTC, unless otherwise agreed upon in writing between the Photographer and the Client.
Head office address:
Damien Gugenheim, 15 rue Archereau, 75019 Paris, japanphotoshoot.com
The latter reserves the right to modify them.
The photographer offers the Client photoshoots/reportages, at the Client’s home or any other location chosen by the Client (in agreement with the Photographer).
The photographer reserves the right to add or modify all or part of the content of his service catalog at any time and without notice.
Intellectual property
Principles
The author of a work enjoys exclusive property rights from the moment of its creation (Articles L.111-1 and L.123-1 of the Intellectual Property Code).
Moral rights allow the author to enjoy the right to respect for their name, their status, and their work (Article L.121-1). This is an unlimited, inalienable, and perpetual right.
The right to respect for the work protects the entirety of the work, which must not be modified or distorted.
When the customer purchases digital files in high or low resolution, they are authorized to reproduce the files and save them on any medium they wish for the sole purpose of preservation, solely for their personal and private use.
Property rights allow the author to obtain compensation for the use of their work and to decide how it will be used.
Application
The photos are the property of the Photographer.
The images provided to Clients may only be used within a family context, for strictly personal and private purposes.
However, the Photographer authorizes Clients to share their images on social media, personal blogs, websites, or local or general information media, provided that the Clients:
– expressly authorize the Photographer to use their images to promote their business
– mention the Photographer’s name, in one form or another (e.g., ©damien.japanphotoshoot or “Photographer: Damien Gugenheim”). This credit must appear next to each photo in a manner that allows for the unambiguous and unmistakable identification of the author and the photograph (for a set of photos, a “photo credit” may be sufficient)
– agree not to modify the images (colors, contrasts, cropping, etc.) for any reason whatsoever
If clients wish to exceed these limits, they must send a request to the Photographer, specifying the conditions of such use (extent of use, intended use, media, duration, etc.). Financial compensation may be requested in relation to the use of the images to which this request relates.
Clients agree to scrupulously respect the declared use. Any other use, reuse, or extension of use must, to be lawful, be subject to the conduct of a photo shoot.
Clients agree to strictly adhere to the stated use. Any other use, reuse, or extension of use must, to be lawful, be subject to the conduct of a photo session.
The client agrees to be on time for the scheduled appointment. If the client is more than 30 minutes late, the photographer reserves the right to cancel the session. The delay will be deducted from the originally scheduled timeframe, so as not to penalize the next client, who will not be affected by the delay. The session may also be postponed at the photographer’s discretion, depending on his availability.
The client agrees to facilitate the photographer’s work during the execution of the service.
The photographer cannot be held responsible for poor photo quality due to lack of cooperation from one of the session participants.
Prices
This includes the shooting process, post-production, brightness, contrast, and color adjustments for all photos, cropping, skin retouching (only if the photographer deems it necessary – the natural look will be preserved and only for portraits of the couple), on-site installation (private gallery).
Sale prices are those applicable at the time of booking a wedding, photo shoot, or ordering additional products. Prices are subject to change at any time without notice.
Any additional orders (including additional retouching requested by the couple) incur additional fees and must be paid in advance.
Accepted payment methods are cash, card and bank transfers to the Photographer’s account.
No discounts will be granted for cash payments. In accordance with the law, the client has a 7-day cooling-off period (14 days for wedding services) starting the day after booking the session/signing the wedding service contract. After this period, no amount already paid will be refunded in the event of cancellation, regardless of the reason.
Quotes prepared by the photographer are valid for 30 days.
Not included are certain additional costs associated with the provision of the service, such as, for example, parking fees, entrance fees, etc., which are the responsibility of the customers.
Postponement or cancellation of photo shoot
If the photographer is unable to honor the contract due to force majeure, you will be offered an alternative date, if possible. If no agreement is reached, the deposit will be refunded in full, without giving rise to the payment of any damages.
Any request for changes (date, time, location) by the Client must be made no later than 15 days before the scheduled date of the session, except in cases of force majeure. However, the postponement of the session must take place within two months of the original scheduled date, if the Photographer’s schedule allows.
In the event of a postponement, the Photographer cannot be held responsible for the non-fulfilment of certain session specifics (season, weather, shooting setting, etc.).
In the event of cancellation of the session by the Client, in accordance with legal provisions, the deposit amount will not be refunded; it covers the set-up costs for your session and the loss of earnings from a lost photographic service.
At the Client’s request, the Photographer may agree to postpone the shoot up to two times. After this date, the service must be paid in full, even if the Client is unavailable again on the third agreed date.
Force majeure and climatic conditions
Force majeure is considered to be an unforeseeable external event that makes the performance of the service impossible (particularly an accident). Either party may exercise this right if the force majeure is established. The Photographer or the Client agrees to notify the other party as soon as possible by telephone or email. By mutual agreement, a new date will be scheduled, at no additional cost for the same service.
In the event of adverse weather conditions, the Photographer cannot be held responsible for non-performance or partial performance of the service initially planned in the order when the shoot must be carried out outdoors or when access to the Client’s home proves very difficult or impossible.
Under no circumstances may the contract be revoked, and no refund, even partial, will be issued.
Technical problem and/or accident
In the event of a technical problem with the photographic equipment or any accident during the service that prevents the photographer from completing the requested work, the full amount paid will be refunded, without giving rise to the payment of damages of any kind. The client may also agree to postpone the session to a later date, in which case the amount paid will not be refunded.
Despite all the care taken with digital files, it may exceptionally happen that following a session, due to accidental manipulation, involuntary destruction, or computer failure, the source photographs may become unusable. In this case, the photographer offers you the option of repeating the session to compensate for this incident beyond his control. In the event of refusal, the client will only be entitled to a refund of the amount paid, without any compensation.
The photographer undertakes to provide sufficient equipment to ensure all of his services and to ensure that he uses equipment in good condition and in good working order. In the event of a technical problem with the photographic equipment or any accident during the service preventing the photographer from delivering the requested work, the full amount paid will be refunded, without giving rise to the payment of damages of any kind whatsoever. In the event of loss or damage to the photos before delivery (burglary, fire, etc.), the client will only be entitled to a refund for the service.
Special conditions
When photographing an event, the Photographer recommends that the Client inform their guests of the presence of a professional photographer and ask them to minimize their photography and the use of flash.
The Photographer disclaims all liability if her work is interfered with by other photographers and their flashes, and if the quality of her images is affected.
In the case of a report during a religious ceremony, the Photographer recommends that the Client inform the officials of the place of worship of the presence of a professional photographer.
The Photographer disclaims all liability in the event of access restrictions requested during the ceremony by the officials of the place of worship, which could affect the quality of his work.
If the Client wishes certain guests to be included in the photographs, they must communicate this request to the Photographer.
Under no circumstances is the Photographer responsible for the absence or presence of certain guests in the photographs.
The Photographer reminds the Client that any person present during a photo shoot or session may be photographed.
Clients agree to make every effort to facilitate the Photographer’s work, such as (but not limited to):
– Introduce the Photographer to close family members (parents, grandparents, siblings, etc.) and any other person the Photographer may need to know before the ceremony.
– Explain any sensitive family situations to the Photographer, if applicable, to avoid any missteps.
– Provide an “event guide” detailing the specific key moments of the wedding for which they would like photographs, as well as any other specific events or timelines the Photographer may need to be aware of. In this context, the cooperation of a person designated by the Clients to assist the Photographer in their work is desired.
– Organizing the venue (taking into account the photographer’s recommendations regarding on-site conditions (light, orientation, optics, and timing). Otherwise, the photographer cannot guarantee a result that matches her portfolio. Also, the family and all guests are instructed not to interfere with the photographer’s work.
– Creating a list of groups to be photographed, with a coordinator assigned to organize this shoot. Limiting groups to 10-15 is recommended to ensure maximum enjoyment of the day.
Responsibility
The client is responsible for himself/hesrself and the people accompanying him/her to the session. In the event of damage or breakage of the equipment by the client(s) or his/her children, the latter will have to reimburse the price of the new one.
Post-production and conservation of digital files
The client acknowledges that they are familiar with the photographer’s portfolio and are seeking her services with full knowledge of her artistic style.
They also acknowledge that the photographer’s work is constantly evolving, that the services offered by the photographer are unique and artistic, and that the photographs delivered may differ from those taken by the photographer in the past.
The photographer assures that she uses her full potential and personal artistic judgment to create images consistent with her personal vision of the event.
The client accepts that this vision may differ from their own. Consequently, photographs cannot be rejected based on individual tastes or aesthetic criteria.
The photographer is the sole judge of the layout of the images in the creation of a book.
No raw (RAW) files will be delivered to the client and cannot be requested. Digital files are delivered in high-quality JPEG format.
Photographs are guaranteed to be stored for 6 months (except in the event of a disaster beyond the photographer’s control, such as a faulty hard drive, flood, fire, or other causes); beyond this time, the photographer reserves the right to destroy them.
Clients are advised to store their photos (USB flash drives, prints, albums, or books) in a dry place away from direct sunlight to preserve their original quality, and to store the digital files provided on multiple media to avoid loss due to computer malfunctions.
Clients are encouraged to back up their files on a variety of media. The photographer disclaims all liability for loss or damage to the digital files provided to the client.
Photo printing/Private online gallery
If the client wishes to print their own products (books, prints, etc.) using the digital files they have purchased, the photographer declines all responsibility for the results obtained in a typical lab. The photographer only guarantees the results for prints made by the photographer.
The images taken by the photographer during the service are sorted and then reworked by the photographer.
The images are then uploaded to a private gallery. The client receives a link to this gallery to access it.
The client may share access details with those around them to share the images and is solely responsible for such sharing.
The photographer disclaims all liability for any misuse of the images by anyone with whom the client has shared their details.
Customers have fifteen days after the delivery date to provide any comments they may have regarding the quality of the delivered product. The photographer will attempt to correct any defects mentioned if deemed necessary. After this period, no claims will be accepted.