The service provider is Mathilde HORTA, professional photographer and content creator, operating under the trade name Mathilde HORTA Photographe. The company (sole proprietorship) is registered in the Chaumont Trade and Companies Register under SIREN number 888 320 082. VAT not applicable, Article 293 B of the French General Tax Code.

ARTICLE 1 – Purpose

These General Terms and Conditions of Sale (GTC) define the rights and obligations of the photographer and his clients in connection with the provision of photographic services. Any signature of a quotation and booking of services implies unreserved acceptance of these GTC.

ARTICLE 2 – ORDER AND BOOKING

All orders for photography services must be confirmed in writing via this contract drawn up by the photographer.
The booking is only considered final after:

• The signing of the contract, formalising the agreement
  between both parties on the terms and conditions of the service
• A deposit of 40% of the total amount of the service

Until both of these conditions are met, no date can be reserved or guaranteed in the photographer’s schedule. The deposit serves as a firm commitment: it confirms the client’s desire to reserve the date and hire the photographer’s services, and commits the photographer to reserve this slot exclusively for the client.

Formula change (weddings only)
The client may change the package chosen up to 7 days before the wedding date, but only to a higher package.
However, it is not possible to opt for a package lower than the one initially booked. Any change to a higher package will result in the new rate in force at the time of signing the contract amendment being charged.
By signing the contract, the client acknowledges that they have read and accepted all of the photographer’s terms and conditions of sale. The signature and payment can be made electronically. A confirmation of receipt confirming the booking will be sent once the deposit has been received.

ARTICLE 3 – PRICES AND PAYMENT TERMS

Prices are listed in euros and are those in effect at the time the contract is signed. Unless otherwise stated, any travel and accommodation expenses shall be paid by the client.

Each order is subject to an invoice which will be sent by email by the company to the customer. Each invoice must be paid within 30 days of the invoice date. This applies to both the deposit and the balance remaining after the service has been provided.

• The balance must be paid no later than 30 days after the service has been provided.
• Any delay in payment will result in penalties in accordance with Article L.441-6 of the Commercial Code.
• For gift cards, the total amount of the session must be paid.
  Otherwise, the gift card will not be valid. This means that the person receiving it does not have to pay or manage anything. The voucher is valid for 6 months from the date of signing this contract and is 50% refundable for the first 4 months, after which it becomes non-refundable. It is valid on all packages of equal or lesser value.

Payments are made only by bank transfer or PayPal if wanted for smaller amounts.

ARTICLE 4 – EXECUTION OF THE SERVICE

The photographer commits to providing the agreed services in a professional manner. Weather conditions, shooting locations and other circumstances may influence the final result.
The client accepts these risks inherent to the photographer’s work.
In the event of poor weather (heavy rain, thunderstorms, etc.) and in the absence of a sheltered alternative location, the bride and groom or clients acknowledge that the photographer may be required to adapt or cancel certain shots, particularly outdoors, in order to protect the safety of its equipment and ensure its ability to continue the shoot. In this case, no refund or compensation may

Restrictions imposed
During religious ceremonies (or other celebrations with strict supervision), if the photographer is denied or restricted access at certain key moments (e.g. by a priest or ceremony officiant), the bride and groom or clients acknowledge that this may affect the diversity or quality of the images produced.
The photographer cannot be held responsible for any reduction in coverage or the absence of certain photographs, insofar as these constraints are beyond his control.

Photographer’s meal
For any wedding service lasting more than 8 hours and covering dinner, the bride and groom agree to provide a hot, full meal for the photographer. This meal may be taken at the same time as the guests or separately, but must be served in a timely manner so that the photographer can continue their service without excessive interruption. Please note that your photographer is vegetarian. If a suitable meal is not possible, it is necessary to inform her at least 1 week before the wedding.

Lasers and special lighting effects
The client agrees to inform the photographer of the possible presence of lasers or special lighting during the event (DJ, band, show, etc.). Laser beams, in particular, present a significant risk of irreversible damage to camera sensors. When using such lighting equipment, the photographer reserves the right to adapt or limit their shots in order to protect their equipment. They cannot be held liable if certain images cannot be taken due to these lighting conditions.

Respect and good behaviour
The photographer reserves the right to temporarily or permanently interrupt their service in the event of aggressive, dangerous or disrespectful behaviour towards them or their equipment. In such a situation, the photographer cannot be held liable for any images not taken. The full amount of the service will remain due, unless otherwise decided by the photographer. The photographer cannot be held responsible if certain photographs cannot be taken due to disruption caused by guests or the use of mobile phones/cameras by third parties.

Respect for artistic style
The client acknowledges having taken note of the photographer’s artistic style prior to signing the contract and accepts it without reservation. This style covers, in particular, framing, composition, colour rendering, the possible use of black and white, and retouching. Consequently, the client may not request any changes to the style or processing of the images after their delivery. However, requests for black and white versions will be possible.

Equipment safety
In the event of damage or loss of equipment caused by a guest, a third party or negligence (e.g. spilled glass, deliberate damage, unauthorised handling), the customer may be held liable and will be responsible for the cost of repair or replacement.

Drone photography
The drone option allows for aerial shots of the reception venue and/or group photos. Its use depends on weather conditions, aviation regulations and the permission of the venue owner. Your photographer reserves the right to cancel or adapt this service on the day of the wedding if safety conditions (wind, rain, light, legal constraints, etc.) do not allow for safe flight. As the feasibility of the flight cannot be guaranteed in advance, this option will be refunded in full on the final invoice
after the service, only if the aerial shots could not be taken.

Engagement session and day after
The engagement photo shoot must take place at least four (4) months before the wedding, and the Day After photo shoot within five (5) days after the wedding, subject to the photographer’s availability. Any travel and accommodation expenses shall be at the expense of the bride and groom.
It is the responsibility of customers to book their slot in advance; in the event of forgetfulness or failure to organise in time, the session will be considered lost, without refund, postponement or credit.

ARTICLE 5 – DELIVERY OF PHOTOGRAPHS

Sorting and selecting images
Standard photo shoots:

• At the end of the session, the photographer makes an initial selection of images in order to keep only those photos that are technically and aesthetically usable.
• Contact sheets (in PDF format or as a selection gallery) will then be sent to the client so that they can make their final selection.

Weddings: Given the large number of images taken, it is not possible for the bride and groom to select the photos.
The photographer undertakes to select the best photos herself.
For all photography services, no raw photos will be delivered.

Additional photographs (standard sessions only)
The customer may, if they wish, add additional images to their initial package.

• Unit price: €10 per photograph.
• Discounted rate: €8 per photo for 5 or more additional photos.

Editing and delivery
The selected images are carefully edited and delivered in high-definition digital format via a secure online gallery. It is strongly recommended that you download and save the photos on multiple devices (computer, hard drive, cloud, etc.) to avoid any loss (see Article 9).

Delivery deadlines

• Standard sessions: 2 weeks to 1 month maximum after the photoshoot.
• Weddings: maximum 2 months after the service.

These deadlines may exceptionally be extended in cases of force majeure (illness, accident, equipment failure) or due to an exceptional workload, particularly during peak season. The photos will only be delivered after full payment for the service (including any additional costs).

Complementary products
Prints, albums, or other physical media may be ordered at an additional cost, at the rates in effect at the time of the request.

ARTICLE 6 – LOYALTY AND REWARDS PROGRAMME

Rewards Program
Customers who have already used the photographer’s services can
recommend them to their friends and family. The person referred receives a 10% discount on their first photo shoot (excluding weddings). The referrer receives a 10% discount on their next photo shoot for each new customer referred or 5 additional photographs offered. These benefits are valid for each new confirmed referral (effective booking and session completed).

If a referral results in a wedding booking, the referrer will receive a €100 gift voucher valid on all packages offered. The referred couple will receive a complimentary engagement photo shoot (valued at €250) or 5 FREE 30×40 cm enlargements of your choice.

Loyalty programme
Your photographer rewards the trust of his regular customers with a cumulative loyalty programme:

• Second session: 10% off the session
• 3rd session: 10% off + 5 complimentary photos + 5 paper prints
• 4th session: 15% off + 5 complimentary photos + 10 paper prints
• 5th session and beyond: 20% off + 10 complimentary photos + 10 paper prints

Loyalty benefits apply only to photo shoots (excluding wedding services) and cannot be combined with other current promotions, unless otherwise stated.

ARTICLE 7 – IMAGE RIGHTS, INTELLECTUAL PROPERTY AND USE OF PHOTOGRAPHS

The photographs taken remain the exclusive intellectual property of the photographer, in accordance with Articles L.121-1 et seq. of the Intellectual Property Code.

Any commercial use, resale, or modification of the images (retouching, cropping, adding filters, rotating, etc.) without the photographer’s prior written authorisation is strictly prohibited. The client is, of course, authorised to distribute the photos for strictly personal and non-commercial purposes (social media, private sharing, etc.), subject to:

• Clearly mention the name of the photographer (visible tag or credit
• Do not alter the images in any way.

Compliance with these conditions contributes to the promotion of the photographer’s work and the protection of her rights. As the photos remain the property of the company, any commercial use by the client or a third-party service provider will be considered intellectual property theft. Unless expressly stated otherwise in writing (by email) prior to the session, the client authorises the photographer to use and share certain images result in a from the session on their business. This use is strictly limited to the promotion and enhancement of the photographer’s work, to the exclusion of any commercial exploitation by third parties.

No image will be used in a derogatory, out-of-context or unethical manner, and identities will not be disclosed without explicit consent.
The client may, at any time, before or after the service, request to limit or prohibit such distribution by simply sending a written request to the photographer.

ARTICLE 8 – CANCELLATION, DELAY AND FORCE MAJEURE OR ADDITIONAL COSTS

Cancellation by the client:

• In the event of cancellation by the client, the deposit shall be retained by the photographer.
• If cancellation occurs less than 15 days before the service, the full amount of the session remains payable, except in cases of duly justified force majeure.

Specific cases relating to weddings:

• For weddings, no refund of the deposit will be made, regardless of the date of cancellation.
• Between 2 and 6 months prior to the date, 50% of the balance will be due.
• Between 15 days and 2 months before the date, 75% of the balance will be due.
• Less than 15 days before the date, the full amount will be due.

Weddings are major events in a photographer’s schedule, so these conditions are in place to protect the future of the photographer’s business, where a cancellation can have a significant impact on their financial projections.

Cancellation by the photographer:
In the event of a major impediment to the photographer (illness, accident, force majeure), the photographer commits to notifying clients as soon as possible. Three solutions will then be proposed:

• Postponement of the session (excluding weddings)
• full refund of the amounts already paid, or
• the proposal of a trusted substitute photographer, under the same financial conditions as those stipulated in the contract.

Customer delay:
Each photo shoot is carefully planned with the aim of providing a high-quality experience for all clients. It is therefore essential to adhere to the agreed schedule.

• In the event of a delay of less than 20 minutes, the duration of the service will be reduced accordingly, with no refund possible.
• In the event of a delay of more than 20 minutes by the client, the photographer may decide to cancel the session depending on the circumstances. This will be considered a cancellation by the client, and the cancellation conditions set out above will apply.

Are considered as case of force majeure or fortuitous events, as defined by French case law, all external, unforeseeable and irresistible events beyond the control of the service provider, rendering the partial or total performance of its obligations impossible or significantly delayed.
This includes, but is not limited to: social unrest, strikes, interventions by public authorities, natural disasters, epidemics, fires, water damage, interruptions to electricity or telecommunications networks, administrative or governmental decisions.

In such circumstances, the company shall not be held liable under any circumstances, and no compensation may be claimed from the service provider for any direct or indirect damage suffered as a result of the nonperformance or delay in the performance of its contractual obligations.

Additional Fees
Travel expenses are specified in the contract in order to ensure complete
transparency. If the location changes or an unplanned trip needs to be added, additional charges may apply in agreement with the clients.
Likewise, if the wedding proceedings result in overtime on the day, this will be invoiced at the rate indicated in the contract.
Finally, for services ending very late or requiring a long journey, accommodation may be requested in order to ensure the smooth running of the service and the safety of travel.

ARTICLE 9 – RESPONSIBILITIES AND STORAGE OF PHOTOGRAPHS

The photographer cannot be held responsible for any loss, damage or theft of files once they have been delivered. It is therefore the client’s responsibility to ensure that their images are backed up on multiple media (hard drive, USB stick, cloud, etc.). The online galleries are accessible during 2 weeks up to 1 month for standard sessions (as indicated on the packages on the photographer’s website), and 3 months for weddings.

After this time, access to the photos is no longer guaranteed and the gallery may be automatically deactivated.

In the event of loss of files by the client, a request for re-delivery may be made to the photographer, subject to the availability of the archives. This re-delivery will incur a fee of 40 €, corresponding to the storage, management and processing costs associated with the long-term preservation of customer photographs.

ARTICLE 10 – PERSONAL DATA

As part of her work, the photographer is required to collect certain personal data of the client (surname, first name, address, telephone number, email address, information related to the photographic service, etc.). This information is strictly necessary for order management, invoicing and communication regarding the service.
The data collected are:

• Kept for a limited period of time, not exceeding 5 years starting from the last delivery
• Never sold or passed on to third parties without the customer’s explicit consent, except where legally required
• Securely hosted (gallery, management software, compliant storage solutions)

In accordance with the amended French Data Protection Act of 6 January 1978 and European Regulation 2016/679 (GDPR), customers have the right to access, rectify, restrict, object to or erase data concerning them.
To exert these rights, simply send a request by email to: mathildehrtphotographie@gmail.com

ARTICLE 11 – APPLICABLE LAW AND CONFLICTS

These GTC are governed by French law.
Any dispute shall be submitted to the competent courts of the consumer’s place of residence.