Terms of Sales

These general conditions of sale create a legal agreement and apply to all orders and all sales of services and products concluded between the client(s) (referred to as “the client”) and the photographer Denis Mourizard (referred to as “the client”). the photograph "). They are accepted fully and without reservation by the customer.

The photographer reserves the right to modify these general conditions at any time. Each order is governed by the general conditions applicable on the date of the order.

ARTICLE 1: OBJECT
Denis Mourizard offers private and public photographic services as presented on his website: www.denismourizard.com
Fishing report type photographic services can be requested for one (1) person or for a group of (8) eight people maximum.
Reserving a package is equivalent to placing an order by the client(s) and entails unreserved acceptance of these general conditions of sale, unless special conditions are granted by the photographer to the client.
Any document other than these General Conditions of Sale and in particular catalogue, prospectus, advertisements, notices, has only informative and indicative value, not contractual.
These general conditions of sale form an indivisible contractual document with the service contract signed by the customer.

ARTICLE 2 – ORDER
The order is only effective after receipt of the deposit and must be validated by a contract/quote signed by the customer group(s), including practical information (date, location, etc.). The latter can be signed online or returned signed to the photographer by sending an email. In the absence of payment of the deposit and receipt of the contract, the photographer does not undertake to keep the date.
Any order for products, photo prints, printing work must be paid in full when placing the order online, directly on the site's store.

ARTICLE 3 – PRICES & PAYMENT TERMS
3.1 Prices are expressed in euros (€) and are displayed inclusive of all taxes. The prices displayed on the site www.denismourizard.com may be subject to change without notice or prior information. If they vary, any previously fixed service will keep the price applied when the order is taken.
3.2 A deposit of 30% will be requested in order to validate an order for a photo report. It can be paid by credit card, bank transfer, check or cash. The balance will be paid by the customer by check or cash on the last day of the service. Any costs relating to payment made using a foreign currency are the entire responsibility of the Customer. No discount for cash or early payment can be granted.
3.3 Non-payment of the balance results in the cancellation of the delivery of the photos, without reimbursement of the deposit received. Final delivery of the photos will only take place when the order is fully paid.
3.4 If the order concerns a report, and several people are models, the balance will be paid by the initial client.
3.5 The order and the quote can also be validated electronically, by sending an email stating: “I accept the general conditions of sale”.
3.6 Quotes established by the photographer are valid for 30 days.

ARTICLE 4 – TRAVEL EXPENSES
Travel costs and any other costs are the actual responsibility of the customer: fuel and motorway bills, food and hotel costs.
The client is responsible for booking the hotel of his choice closest to the shooting location, as well as meal plans (sandwich or restaurant).
In the event of a restriction on the use of the Photographer's vehicle imposed by law ("crit'air" restriction, even/odd day, etc.), the Photographer reserves the right to invoice the Client for any penalties/fines he may incur in order to ensure the smooth running of its service (costs applied to actual costs).

ARTICLE 5 – MODIFICATION OF THE SERVICE
Any request to modify a service requested by a client can only be taken into account if the request is sent by SMS to the photographer at least 7 days before the scheduled date of the service. In accordance with the legal provisions in force, the customer has a withdrawal period of 14 days from the conclusion of the contract. Any withdrawal request made within the time limit will result in the refund of the deposit. Unless the service has already been carried out in whole or in part.
In the event of cancellation of the reservation for a photographic service that has become definitive, please be reminded that in accordance with legal provisions, the amount of the deposit will not be refunded, except in cases of force majeure for the client.
For each date confirmed and then canceled, the Client will be liable for the following equivalent amounts: cancellation 7 days or more before the service = 30% of the service, from 7 to 3 days before = 50% of the service, from 3 days before to the day before = 70% of the service, the same day 100% of the service.

ARTICLE 6 – PROVISION OF THE SERVICE
The photographs are taken by Denis Mourizard. The photographer is not subject to an obligation of result. He makes every effort to provide quality images, as stipulated in the order. The content of these images is left to the artistic appreciation of the photographer. Accordingly, Clients acknowledge that Photographs are not subject to rejection based on Client taste. In the same way, shooting fish cannot depend in any way on the quality of the photographer. Whether the fish is present or not, the photographer will do the work expected of him and deliver original photographs.

ARTICLE 7 – CUSTOMER OBLIGATION
The time set for the service is mandatory and any delay by clients may be charged against the time previously agreed for the session. In the case of a half-day package, the session will be canceled if it is 60 minutes late, and the deposit will not be refunded. Customers declare that they are of legal age, pose freely for photos and, where applicable, authorize photos of their children if they are present (at no additional cost) according to the photographic style they wish. The photographer cannot be hindered during his performance by amateur photographers.
Children present during photo sessions remain the full responsibility of their parents. In the event of material damage caused by the customer or child or any other person related to the customers, the customer will be responsible for reimbursement of the equipment in full.

ARTICLE 8 – POST-TREATMENT
Except in special cases specified in writing, the photographer never delivers raw photographs. Post-processing, just like shooting, is specific to the photographer and is an integral part of his work, his style and his artistic universe. The photographer is the only one to decide what post-processing he will apply.
The processing applied to the photos presents adjustments to numerous parameters such as colorimetry, contrast, brightness, unblocking of shadows and highlights, sharpness, clarity, vibrance, saturation, cropping etc. Any additional retouching ( addition of elements in the photo, localized retouching, etc.) requested by the client is not included in the basic service and will be accepted or not by the photographer who reserves the right to invoice the additional work per image according to the rates in force. Only photographs processed by the photographer will be usable by both parties.

ARTICLE 9 – DELIVERY
Denis Mourizard makes every effort to ensure the delivery of photos as quickly as possible (announced when ordering - usually 7 and 10 days).
A delay in delivery or execution cannot be invoked by the customer to request termination of the contract, claim damages or assert any other claim.
Unless specifically requested by the Client, digital photos are delivered by access to the private link which will be previously transmitted to the various clients. No files will pass anywhere other than from the site www.denismourizard.com to your computer.
The images are delivered in high definition in JPG format without application of a logo or “watermark”. RAW files are never delivered to the client and remain the property of the photographer.
The Photographer does not guarantee the printing quality of prints ordered through him or on his website, these prints being produced by an external photo lab. However, if the quality of the photos ordered is called into question, and subject to the provision of clear evidence, the photographer will do what is good and fair to do with the lab.

ARTICLE 10 – STORAGE DURATION
From their delivery to the customer, the photographs are kept and archived under their entire responsibility. The customer is invited to make backups on various media. The photographer accepts no responsibility in the event of loss or damage to digital files given to the client. However, the files remain available for 6 months and can be returned if necessary during this period.

ARTICLE 11 – LIABILITY
11.1 Atmospheric conditions
In the event of degraded atmospheric conditions such as thunderstorms, storms, heavy rain, etc., the photographer cannot be held responsible for the non-execution or partial execution of the outdoor services initially planned for the order. No refunds will be made, the session will be postponed to a later date.
11.1.2
In the event of postponement of the service due to weather, half of the travel costs for the new assignment will be the responsibility of the customer(s). The other half will be the responsibility of the photographer.
11.2 Force majeure or illness
Force majeure is considered to be an unforeseeable external event that makes the performance of the service impossible (accident, death of a parent, etc.). Either party may assert this right when force majeure is established. Denis Mourizard reserves the right to cancel/postpone a photographic service in the event of force majeure or illness. Such cancellation will neither incur liability nor give rise to the payment of damages for any reason whatsoever. The session will be postponed to a later date.
11.3 Technical problem and accident
The photographer undertakes to provide himself with sufficient equipment to provide all of his services and to ensure that he uses equipment in good repair and working order. In the event of a technical problem with the photographic equipment or any accident during the service preventing the photographer from submitting the requested work, the entire amount paid will be refunded, without giving rise to the payment of damages for any reason. whether it be. In the event of loss or damage to the photos before their delivery (burglary, fire, etc.), the customer will only be able to claim reimbursement for the service.

ARTICLE 12 – INTELLECTUAL PROPERTY
12.1 Photographs constitute intellectual works, as defined by the intellectual property code, of which the Photographer is the author (art. L112-2 CPI). The photographs are reserved for the personal and private use of clients, use subject, on whatever media, to compliance with the provisions of the intellectual property code, and more generally the laws and conventions relating to copyright. No photograph may therefore be modified in any way whatsoever without the prior written consent of the author. Clients undertake to respect the integrity of the photographer's works, and in particular to faithfully render the colors, without truncating or distorting them. (art. L121-1 CPI)
12.2 The communication of the media (paper prints, originals and photographs stored on a computer medium) does not entail or presume the transfer of exploitation rights to the photographs (reproduction and/or representation rights).
12.3 Photographs, in digital or analog format, remain the property of their author or his/her rights holders. (art. L111-3 ICC). Any use, whatever it may be (distribution, exhibition, reproduction, etc.), other than strictly personal, of a photograph is therefore prohibited without the prior written consent of the author.

12.4 For the purposes of using the photos in a context other than the private context, the Photographer assesses the amount relating to copyright, an amount depending on the method of distribution and the volume of distribution.
12.5 Any use of the Photographer's photos beyond this use and without his written authorization constitutes counterfeiting within the meaning of article L 335-2 of the same Code, and is punishable, under this article, by penalties which may go up to up to 3 years of imprisonment and a fine of €300,000.

ARTICLE 13 – IMAGE RIGHT
The photographs may be freely used by the author, on all media, in order to promote his professional activity, subject to respect for the rights of the people and property photographed and unless explicitly requested by the Client expressed in writing (email or mail with acknowledgment of receipt) before signing the quote/validating the order. Clients accept that their image is used on all promotional media of the photographer, such as website, social networks, presentation brochure, press article, etc. The right to the image is entrusted for a period of 2 years, renewed by tacit agreement . The distribution of images remains strictly anonymous.
The Photographer refrains from using any photograph likely to harm the privacy, image or reputation of his clients.
The Client may freely oppose the transfer of image rights. However, it must be mentioned in writing (email, letter with acknowledgment of receipt or mention on the quote) before signing the quote/validating the order. This refusal constitutes a lack of communication from the Photographer who reserves the right to charge an increase of 10% on the total amount of the service in question.

ARTICLE 14 – PERSONAL DATA
The personal information collected when placing an order is intended exclusively to ensure customer management and in particular the monitoring of reservations with a view to the successful completion of the service ordered.
The photographer undertakes not to communicate this information to third parties for any reason whatsoever.

ARTICLE 15 – APPLICABLE LAW
The contractual relations between parties to which these general conditions apply are governed exclusively by French law.
Any dispute relating to the formation, execution or interpretation of these general conditions as well as any agreements to which they apply, will, in the absence of amicable agreement, be subject to the exclusive jurisdiction of the French courts. Any legal action must be taken before a court located in the department of residence of the photographer.
The customer acknowledges having read the general conditions of sale above.