General Terms of Service

General Terms of Service

Preamble

These General Terms of Service ("GTS") create a legal agreement and apply to all orders concluded between "the Client" and Studio L-A.photo, represented by Anna LOPATINA – self-employed (hereinafter referred to as "the Service Provider"), Artisan Photographer registered with the Chamber of Trades under no. 849 490 248 00028, head office address: 20 rue de Plougastel, 78180 Montigny-le-Bretonneux.

Purpose

The Service Provider offers photography, stop motion animation, and video services specializing in product enhancement for brands. All services offered and the portfolio are presented on the website www.l-a.photo.
Any booking of a session or order of accessories and supports necessary for the Client's session implies full acceptance of these GTS unless specific conditions are agreed upon in writing between the Service Provider and the Client. These GTS form a contractual document.
By simply booking a session, the Client declares having read these GTS.

Booking Conditions

The booking of a photo or video service is made by email at contact@l-a.photo, or on the website www.l-a.photo via the contact form.
After clarifying all project details, a quote to be validated and signed is sent to the Client by email.
A 30% deposit is required upon signing the quote to validate the shooting date and start the pre-production preparations (model search, accessory purchase, location rental, artistic direction, and preparation of the moodboard, scenarios, etc.).

Payment Terms

The Service Provider accepts the following payment methods:

Cash: The balance of the service must be paid in cash on the day of the session.
Bank Transfers: Payments by bank transfer must be made to the Service Provider's bank account. Bank details will be provided to the Client when the quote is validated. The balance must be credited to the Service Provider's bank account no later than the day of the service.
PayPal: Payments can also be made via PayPal. The Client will receive a PayPal payment link or the Service Provider's PayPal details when the quote is validated. The balance must be credited to the Service Provider's PayPal account no later than the day of the service.

Deposit and Balance

A 30% deposit is required upon signing the quote to validate the booking of the shooting date and start the pre-production preparations. This deposit is non-refundable (except as provided in this document) and constitutes an unconditional acceptance of the quote.
The remaining balance is due on the day of the service, regardless of the payment method chosen.

Fees and Compensation

Travel, accommodation costs, and the remuneration of models and external participants remain the responsibility of the Client and are in addition to the Service Provider's remuneration.
Expense reimbursements are subject to a separate invoice payable within 8 days from the invoice date, regardless of the time allowed for the rest of the service.
In case of late payment, late fees of 12% will be applied, increased by a fixed compensation of €40 for recovery costs, in accordance with decree no. 2012-1115 of October 2, 2012.
No discount for cash payment is granted.
VAT not applicable, article 293B of the CGI.

Performance of the Service and Responsibilities

On the day of the shooting, the Client or their representative agrees to be available to validate the product staging. Continuous validation is done by sending digital files to the Client. If the Client is unavailable or does not respond within 5 minutes of sending the files, the Service Provider has the right to decide if the staging is suitable and matches the previously prepared and validated moodboard. In this case, no reason for refusal can be retained.
The Service Provider commits to providing high-quality photographic services in accordance with the agreed specifications (the moodboard). However, the Service Provider's liability cannot be engaged in the following cases:

Client's premises conditions: The Service Provider declines any responsibility for the conditions of the premises provided by the Client, their state, or their availability according to the planned schedule. The Client is responsible for ensuring that the premises are in an adequate state for the service.
Client's delay: In case of exceeding the planned session duration due to the Client's delay, absence, absence of one or more products to be photographed, or unavailability of the Client's premises, the Client will be required to reimburse all additional waiting hours of the team (including the photographer, videographer, models, and other external participants) at 50% of the initial rate per hour.

However, this limitation of liability does not apply in case of the Service Provider's failure to meet essential contractual obligations.
The Service Provider cannot be held responsible for objects entrusted to them for the duration of the shooting. The Client will be responsible for taking any necessary additional insurance.
The Service Provider does not provide authorization from photographed persons, owners of movable and immovable property, or authors of works presented in the photographs or their assignees and rights holders. It is the responsibility of the Client, the visual user, to obtain these authorizations.
The Client, having the choice of the editorial content with which the images are associated, refrains from making any warranty claim against the Service Provider in case of claim, recourse, or action for damages or others.
The Service Provider may exercise their right of withdrawal, without financial prejudice, if the Client takes the photo(s) out of the originally intended context, particularly if the visuals are used in an ideological, religious, or political context. The Client agrees to notify the Service Provider in advance to obtain publication authorization.
Any additional service requested during the execution of the initial service will be invoiced even in the absence of a quote.

Withdrawal Period and Cancellation Conditions

In accordance with article L221-18 of the Consumer Code, the Client has a period of 14 days from the conclusion of the contract to exercise their right of withdrawal, without having to justify reasons or pay penalties. However, under article L221-28 of the same code, this right of withdrawal does not apply to fully performed services before the end of the withdrawal period and whose execution began after the consumer's express prior agreement at the time of signing the quote where the start date of the service (the day when design or preparation begins) is indicated.
To exercise the right of withdrawal, the Client must notify their decision to withdraw to the Service Provider by registered letter with acknowledgment of receipt or by email at the following address: contact@l-a.photo.

Cancellation Conditions

Outside the legal withdrawal period, the following cancellation conditions apply:

Cancellation by the Client:

If the cancellation is notified more than 14 days before the scheduled start of the service (the day when design or preparation begins), the deposit paid will be fully refunded. However, the Client must reimburse all expenses and costs incurred, excluding fees.
If the cancellation is notified less than 14 days before the scheduled start of the service (the day when design or preparation begins), the deposit will not be refunded, and the Client must reimburse all expenses and costs incurred, excluding fees.
Products to be photographed and all accessories, clothing, or objects purchased by the Client for the shooting day and available to the Service Provider will be returned to the Client. Return costs will be borne by the Client.

Cancellation by the Service Provider:

In case of force majeure or illness of the Service Provider, a replacement date will be proposed as much as possible. If no agreement is reached, the deposit paid will be fully refunded, without giving rise to the award of damages, for any reason whatsoever. Products to be photographed and all accessories, clothing, or objects purchased by the Client for the shooting day and available to the Service Provider will be returned to the Client. Return costs will be shared between the Service Provider and the Client at 50% each.
If the cancellation is due to the Service Provider's failure to meet their essential contractual obligations, the Client may claim a full refund of the deposit paid, without giving rise to the award of damages, for any reason whatsoever. Products to be photographed and all accessories, clothing, or objects purchased by the Client for the shooting day and available to the Service Provider will be returned to the Client. Return costs will be borne by the Service Provider.
The Service Provider undertakes to inform the Client as soon as possible in case of the necessity to cancel or postpone the service for reasons beyond their control.

Dispute Conditions

Any dispute regarding the delivered visuals must be confirmed in writing and argued within 48 hours of delivery. Aesthetic or personal taste criteria, composition cannot be accepted as reasons for complaint and cannot justify the refusal of work. In case of the Client's presence or their representative during the shooting or continuous validation by sending digital files, no reason for refusal can be retained.

File Transmission and Delivery

Photographs are delivered as TIF, JPEG, or similar files and are never transmitted as RAW files, layered editing files, or other native file formats. If the transmission of native files is absolutely necessary for technical reasons, it must be arranged before signing the quote and explicitly mentioned in it. If a native file is transmitted to the Client, they formally agree not to use it outside the initially agreed terms.
Videos are delivered as MP4, MOV, or similar files.

Usage Transfer

The communication and use of photographs are subject to the provisions of the Intellectual Property Code. "Basic print distribution" means limited distribution without space purchase (brochure, mailing, leaflet, technical file, etc.).
Each use not provided for in this contract must be subject to a new transfer, with the understanding that a full rights transfer is illegal.
The mention "© Photos Anna LOPATINA" is mandatory for each use of the image (Law No. 92-597 of July 1, 1992).
Rights transferred as a lump sum can only have limited scope. Press and display rights are evaluated based on the scale (published in the Official Journal) for commissioned works in advertising. All uses on promotional items or other objects are also excluded. No transfer can be implicit; in case of doubt, contact the author (the Service Provider). According to the legislation, it is the responsibility of the distributor to ensure that they hold the rights to distribute the photographs they use professionally.

Specific Tax and Social Environment for Photographic Authors

The Service Provider (the author) receives artistic income as BNC and is exempt from withholding tax (SIREN form on request). An author’s invoice is considered a rights transfer contract. Its payment constitutes acceptance of the distribution conditions.
The Service Provider retains the right to use one or more photos for their communication on their website, social media, or presentation brochures. To oppose this possibility, the Client must specify this at least by email at the time of signing the quote, or in writing next to their signature on the quote.

Force Majeure, Illness

The Service Provider expressly reserves the right to cancel a service or postpone the delivery of photographs in case of force majeure or illness. Such cancellation shall not engage the Service Provider's responsibility, nor give rise to the award of damages, for any reason whatsoever. In case of impossibility for the Service Provider to honor the contract due to force majeure, a technical problem, or an accident, a replacement date will be proposed as much as possible. If no agreement is reached, the deposit paid will be fully refunded, without giving rise to the award of damages, for any reason whatsoever.

Digital File Storage

The Service Provider undertakes to keep the digital files (except in case of disaster beyond their control, such as hard drive failure, flood, fire, etc.) for 6 months after the shooting date.
Beyond that, file backup is no longer guaranteed, and they may be destroyed.

Digital Files and Prints
In the case of photo prints, the Service Provider declines any responsibility for the result obtained in a standard lab. The Service Provider guarantees the result only on prints made by themselves.
Likewise, the quality of digital files may not be optimal on a non-calibrated screen. The Service Provider declines any responsibility due to this effect.

Personal Data

The personal information requested from the Client is intended exclusively for the Service Provider for administrative and commercial management purposes.
In accordance with the General Data Protection Regulation (GDPR), the Client has the right to access, rectify, and delete their personal data. To exercise these rights, the Client can send an email to the following address: contact@l-a.photo. The Service Provider undertakes to process the request as soon as possible and in accordance with the legal provisions in force.

Modification of GTS

The Service Provider reserves the right to modify these General Terms of Service at any time. The modified conditions will apply to any order placed after the modification date, including any additional or related orders to a previous order.

Applicable Law

All services performed by the Service Provider are subject to French law. The parties undertake, before any legal action, to submit their dispute to the mediator designated by the representative bodies of professional photographers. For any disputes relating to the application of these GTS or services performed by the Service Provider, the competent court will be called upon to settle the dispute.
In case of a dispute regarding the application of these General Terms of Service or services performed by the Service Provider, the Client and the Service Provider undertake, before any legal action, to submit their dispute to the mediation of the Union of Professional Photographers (UPP) or any other mediator approved by the Consumer Mediation Commission (CMC), accessible via the European Union's online dispute resolution platform (ODR) at the following address: https://ec.europa.eu/consumers/odr/.