General terms and conditions
Any customer acknowledges having read the general terms and conditions of sale before signing a quote. Any signature of a quote constitutes acceptance of these conditions. The person or company signing these general terms and conditions of sale guarantees payment of the invoice even if it must be established in the name of a third party.
1- Scope of application
The term "service provider" refers to Fortier Media, SAS represented by Florian Fortier, photographer, SIRET 84922281500011, whose head office is located at 8 rue des beguineries, 37500 Chinon. The term "Customer" refers to any legal entity or natural person, having requested the skills of Fortier Media. The customer is informed on the quote of the General Terms and Conditions of Sale and can consult them at any time on the service provider's website at the address: Consequently, any order placed by the customer on behalf of the service provider implies acceptance and without reservation of these general terms and conditions of sale.
2- General
The purpose of these general terms and conditions of sale is to define the rights and obligations of the parties when selling products made by the service provider for its client as part of its activity of creating photographic reports. The client acknowledges having received from the service provider all the information and advice that were necessary for him to subscribe to the contract. Thus, the choices made by the client when ordering or subsequently remain under his full responsibility. The Service Provider reserves the right to modify its general terms and conditions of sale, its formulas and its prices at any time and without notice. These modifications will have no impact on current orders. If the Client is an individual, he acknowledges being of legal age in accordance with the laws of the country where he resides. The Client using the services of Fortier Media acknowledges having read and accepts without reservation the following general conditions of sale, as well as the warnings set out in the Extract from Law No. 57-298 of March 11, 1957 on artistic property (J.O. of March 14, 1957) of authors' rights concerning intellectual property laws. The client agrees that, whatever the grounds for his claim, and the procedure followed to implement it, the potential liability of the service provider will be limited exclusively to the amount of work paid by the client, for the services provided by the service provider. Furthermore, the client waives any liability against the service provider in the event of damage to the files, or any document that he may have entrusted to him. The client agrees that the service provider is in no way liable for any loss of profits, commercial disruption, requests that the client may suffer, requests or claims made against the client and emanating from any third party whatsoever. Under no circumstances may the service provider be held liable for indirect losses, such as financial or commercial losses, loss of orders, loss of data, loss of earnings, damage to brand image, loss of profits or customers (for example, untimely disclosure of confidential information concerning them as a result of a defect or hacking of the system).
3- Service and limits
The quote implies a preliminary interview (physical or telephone, mailing) with the future broadcaster, the interview will cover the location on site plan, organization and preparation (weather checking, cleaning of the interior as far as possible...), travel (rate per kilometer), the shooting defined together (interior, exterior and details, delivery of the shots following the service, generic post-processing (excluding special retouching), calibration, formatting (HD tiff, LT jpeg. Web...) the provision of images. The photoshoot have no other purpose than the production of graphic media. No responsibility, duty of advice or expertise can be attributed to the photographer concerning the proper implementation of a photographed work. The steps necessary to obtain authorizations to photograph the interiors of buildings are the responsibility of the broadcaster. Photo reports are conditioned by the client's requirements and in terms of cost and desired views. The chosen formula determines the time spent on site by the service provider and at the same time the amplitude of the sun's path which is decisive for the smooth running of the shots. Thus a project oriented to the East, South and West cannot be fully highlighted in short services of 2 or 3 hours. The choices made together when setting up the quote will be made with full knowledge of the facts. The chosen formula will determine the axis along which the report must be oriented and focused, knowing that a photograph taken against the light or without the presence of sufficient sunlight may not meet the most common communication requirements. Photographs with an artistic vocation whose subject and interpretation are left to the discretion of the service provider have a purely subjective value and quality which cannot be called into question by the client. In the absence of a precise and clearly established definition as to the subject, point of view, colorimetric treatment or other, the service provider will be able to give free rein to his creativity without being called into question. The very principle of using his services implies full acceptance and validation of his artistic choices. The client acknowledges having read the work of the service provider through his website, book or other and requests his services with full knowledge of the latter's artistic style. He also acknowledges that the photographer's work is constantly evolving, that the service offered by the photographer is unique and artistic and that the photographs delivered may be different from the photographs taken by the latter in the past. The service provider ensures that he uses all his potential and all his personal artistic judgment to create images consistent with his personal vision. The client accepts that this vision may be different from theirs. During photo reports in the field, the photographer tries to adapt to the conditions specific to the location in terms of brightness, weather, accessibility times, etc. The quality of the photographs will depend largely on these conditions and the service provider cannot be blamed if they are not favorable. Consequently, the client acknowledges that the photographs are not subject to rejection based on tastes or aesthetic criteria specific to each individual. In the event of a technical problem with the photographic equipment or any accident during the service preventing the service provider from delivering the requested work, the entire amount already paid (if it has occurred) will be refunded without giving rise to the payment of damages for any reason whatsoever.
Any request to modify a service requested by a client can only be taken into account if the request is sent by email or text message to the service provider at least 72 hours before the scheduled date of the service. In accordance with the legal provisions in force, the client has a withdrawal period of 14 days from the conclusion of the contract. Any request for withdrawal 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 or rescheduling less than 72 hours before the scheduled date of a photographic service that has become final, a payment corresponding to 30% of the estimate amount will be requested.
4- Rates
The rates indicated are valid for 30 days from the date of issue of the quote. For any validated order, the quote must be returned signed and dated with the words "good for agreement". A deposit of 30% may be requested upon signing the order. All payments must be made by bank transfer. Payment of the total balance is due from the date of issue of the invoice. Payment will be made no later than 30 days following the date of issue of the invoice (C. Com. art. L 441-6, al. 2 amended by the law of May 15, 2001). The images are delivered on media or server by return of payment. Any late payment will give rise to penalties payable automatically and without reminder. Any payment incident is subject to late payment interest. The amount of the penalties cannot be less than three times the legal interest rate. Fixed compensation for recovery costs due to the creditor in the event of late payment: €40. Non-payment automatically results in the cancellation of the transfers and the inability to use the photograph(s) concerned. The service provider reserves ownership of the goods until full payment of the price by the buyer.
Costs always remaining the responsibility of the distributor and in addition to the photographer's remuneration: possible insurance / transport and accommodation costs for goods and people / Termination of the quote after acceptance.
5 - Intellectual Property Rights
The sale implies the transfer of copyright for reproductions and internal representations to the "client company" according to the description given on the quote and invoice. Any transfer to a third party gives the right to copyright (depending on the size, number of views and number of prints) unless otherwise agreed in writing. The photographs may be freely used by the photographer, on all media, in order to promote his professional activity, while respecting the people and objects photographed, unless a confidentiality clause has been previously signed with the client. The client thus accepts that his image may be used on any promotional media of the photographer. The photographer shall refrain in any event from using any photograph likely to infringe on the client's privacy or reputation. The client assumes full responsibility for his choices regarding textual and iconographic content appearing in the work delivered by the service provider. He is also fully responsible for the use that will be made of it, and in particular its compliance with the regulations in force. The client ensures that it owns the rights necessary for the exploitation of all the creative textual and iconographic elements provided by it to the service provider as part of its mission. It guarantees the client against any complaint from a third party relating to the violation of the rights of these elements. The client agrees that, whatever the grounds for its claim, and the procedure followed to implement it, the potential liability of the service provider will be limited exclusively to the amount of work paid by the client, for the services provided by the service provider. The reproduction of one or more photos does not exempt clients from verifying that the rights of the goods and people photographed are respected (right to image / art.9 of the civil code). The use of the photographer's documents engages only the sole responsibility of the clients, or of any user, who ensure the respect of intellectual property rights as well as of the people and goods photographed. It is up to the user of the photographs to obtain these authorizations if necessary. Payment for physical media does not imply physical ownership of the work by the broadcaster. The photographs remain the property of their author or their beneficiaries. (art. L111-3 CPI) Any use whatsoever (distribution, exhibition, reproduction, etc.), other than that strictly described in these conditions, of a photograph is therefore prohibited without the prior written consent of the author. In the event of the photographer's agreement, a written agreement will be regularized providing for the payment of exploitation rights for the photographs corresponding to the intended use. (art. L131-3 and 4 CPI) The mention "Florian Fortier Photographer" is mandatory for each use of the image (Law No. 92-597 of July 1, 1992) Any omission of the name of the Photographer, any erroneous or incomplete mention, any grouped signature not allowing the identification of the author, will give rise to the payment of a fixed compensation, immediately payable, equal to double the amount of the rights agreed for the declared use, without prejudice to any other damages. The 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 use of customers, use subject, on any media whatsoever, to compliance with the provisions of the Intellectual Property Code, and more generally with 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. Customers 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).
6 - Delivery times
The service provider reserves the right to postpone the delivery time agreed with the customer in the event of incapacity to work due to adverse weather conditions, illness or accident, or force majeure (earthquake, fire, storm, flood, lightning, shutdown of telecommunications networks, shutdown of transport, etc.)
After a period of 8 days (from the delivery of the photos and the issue of the invoice) and without news or comments from the customer, the service is tacitly accepted as is. No compensatory indemnity may be demanded and no deduction may be made by the customer. The service provider undertakes to notify the customer from the first day of his incapacity. The service provider undertakes to notify the customer from the first day of his incapacity. The customer is also required to inform the service provider of an unexpected event disrupting the progress of the service. The service provider declines all responsibility in the event of delay caused by the customer as a result of insufficient or late transmission of these elements.
7 - Drone service
The service is performed by the service provider's staff who determine the composition of the work team, the organization of tasks and who ensure the supervision, direction and control of employees and subcontractors. The remote pilot is the only one to judge the feasibility of the service provision. The service is subject to authorization from all competent authorities in the area and good weather conditions. If, for meteorological reasons (strong wind, bad weather, night, etc.), safety reasons (flying over populations or animals, distance of the drone from its remote pilot [depending on the scenario], etc.), the service cannot be performed, the Client may not under any circumstances claim non-performance of the contract. If the conditions are not met for the performance of the service in accordance with the legislation in force, the two parties must agree on a later date for performance, taking into account the requirements of prefectural overflight request deadlines. In the event that the Client and/or their representatives wish to be near the operators in order to check the images, they are placed under the control of the remote pilot until the end of the service. In this case, a form of "certificate of information for all persons external to the operation located less than 30m from the aircraft remotely controlled and linked to the activity” must first be signed by the client and/or its representatives before their presence in the security area set up by Fortier Media for the provision of services. They undertake to comply with the safety and hygiene rules mentioned in the information form (decree of 11 April 2012 relating to "the design of civil aircraft that operate without any person on board, the conditions of their use and the required capacities of the persons who use them". If for the needs of the image, according to the needs of the client, actors or extras must be at a horizontal distance of less than 30 metres from the drone, they must have signed a form acknowledging the conditions, rules and dangers of filming before the start of filming. The client is responsible for insuring all risks and all direct or indirect damage that may affect all of the said equipment and installations and declares that it is and will be, for the entire duration of these presents, covered by all insurance policies in accordance with usage.