TERMS AND CONDITIONS
“The Photographer” is referring to Louis Brunet Photography, 4 rue du Moulin Neuf, 44300 Nantes, FRANCE. “The Client” is referring to the couple with whom the Photographer enters into a contract for the sale of goods or provision of services by the Photographer.
Acceptance of Terms and Conditions
All purchase orders and transactions between the Photographer and the Client whether made orally or in writing are subject to these terms and conditions which shall be deemed to be incorporated into any contract between the Photographer and all or any of its Clients.
A purchase order and retainer fee are required to reserve the dates and times of the wedding. If the wedding is rescheduled, postponed, or cancelled; or if there is a breach of contract by the Client, the retainer fee is non-refundable and shall be liquidated damages to the Photographer. The Client shall also be responsible for payment for any of the Photographer’s materials charges incurred up to time of cancellation.
The Client agrees to confirm the schedule one-week prior to the wedding. Notification of any changes in schedule or location must be made in a timely manner and confirmation of receipt must be obtained from the Photographer by the Client.
The Photographer reserves to right to terminate coverage and leave the location of the wedding if the Photographer experiences inappropriate, threatening, hostile or offensive behavior from person(s) at the wedding; or in the event that the safety of the photographer is in question.
The Client and the Photographer agree that cooperation and punctuality are essential to accomplish the goals and wishes of all parties. Shooting commences at the scheduled start time and ends at the scheduled end time. If the Client does not arrive at the appointed time for the wedding, shooting will commence at the scheduled start time and end at the scheduled end time.
When applicable, the Client is responsible for accommodation and meal costs unless provided by the Client.
The Photographer is not responsible for compromised coverage due to causes beyond the control of the Photographer including but not limited to obtrusive guests, ban from celebrant, lateness of the Client or guests, weather conditions, schedule complications, incorrect addresses provided to the Photographer, rendering of decorations, or restrictions of the locations. The Photographer is not responsible for backgrounds or lighting conditions, which may negatively impact or restrict the photo coverage. The Photographer is not held liable for missed coverage of any part of the wedding. The Photographer will not be held accountable for failure to deliver images of any individuals or any objects at the wedding.
Venue and Location limitations
The Photographer is limited by the rules and guidelines of the location(s) and site management. The client agrees to accept the technical results of their imposition on the Photographer. Negotiation with the officials for moderation of guidelines is the Client’s responsibility; the Photographer will offer technical recommendations only.
The Client is responsible for acquiring all permits and necessary permission for all locations on which the Photographer will be performing services.
Film and Copyrights
The photographs produced by the Photographer are protected (all rights reserved). The Photographer grants the Client permission to share the wedding images on social networking websites, with family and friends, and on vendor websites as long as the images remain unaltered and textual credit is explicitly given to the Photographer. The Client must obtain written permission from the Photographer prior to publishing or selling the photographs. Violation of this rule will be a trespass of counterfeiting, meaning of article L335-2 of the French Intellectual Property Act.
The Client hereby assigns the Photographer the irrevocable and unrestricted right to use and publish photographs of the Client or in which the Client may be included, for editorial, trade, advertising, educational and any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same without restriction. The Client releases all claim to profits that may arise from use of images.
Limit of liability
In the unlikely event that the Photographer is unable to perform to the guidelines of this contract due to an injury, illness, act of God, act of terrorism, or other cause beyond the control of the Photographer, the Photographer will make every effort to secure a replacement. If the situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received for the wedding.
In the unlikely event that digital files have been lost, stolen, or destroyed for reasons beyond the Photographer’s control, including but not limited to camera, hard drive, or equipment malfunction, the Photographer liability is limited to the return of all payments received for the wedding. The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of total number of originals. The Photographer is not liable for the loss of images beyond the lesser of the final delivery of all products included in the package or one year.
Capture and delivery
The Photographer is not liable to deliver every image taken at the event. The determination of images delivered to the Client is left to the discretion of the Photographer.
Post production and editing
The final post production and editing styles, effects, and overall look of the images are left to the discretion of the Photographer.
The aforementioned 30% non-refundable retainer fee is due at the time of signing of purchase order. The remaining balance is payable in full prior to or the day of the wedding. In the event the Client fails to remit payment as specified, the Photographer shall have the right to immediately terminate this agreement with no further obligation, retain any monies already paid, and not attend the wedding.
Services or merchandise not included in this initial purchase order will be sold at the current price when the order is placed. All prices are subject to change at any time without notice.