Terms and Conditions of Sale

Any client acknowledges having read the general terms and conditions of sale before signing an estimate. Any signature of an estimate implies acceptance of these conditions. The person or company signing these general terms and conditions of sale acts as guarantor for the payment of the invoice, even if it is to be established in the name of a third party.

1- Scope of Application

The term “provider” refers to Fortier Media, a SAS represented by Florian Fortier, photographer, SIRET 84922281500011, whose registered office is located at 8 rue des beguineries, 37500 Chinon. The term “Client” refers to any legal entity or natural person who has required the skills of Fortier Media. The client is informed on the estimate of the General Terms and Conditions of Sale and can consult them at any time on the provider’s website at the address: Consequently, any order placed by the client on behalf of the provider implies unreserved acceptance of these general terms and conditions of sale.

2- General Information

The purpose of these general terms and conditions of sale is to define the rights and obligations of the parties during the sale of products made by the provider for its client within the framework of its activity of creating photographic reports. The client acknowledges having received from the provider all the information and advice necessary to subscribe to the contract. Thus, the choices made by the client when ordering or subsequently remain under their sole responsibility. The Provider reserves the right to modify its general terms and conditions of sale, its formulas, and its rates at any time and without prior notice. These modifications will have no impact on current orders. If the Client is an individual, they acknowledge being of legal age in accordance with the laws of the country where they reside. The Client using the services of Fortier Media acknowledges having read and unreservedly accepts the following general terms and conditions of sale, as well as the warnings set forth in the Extract from Law No. 57-298 of March 11, 1957 on artistic property (J.O. of March 14, 1957) concerning authors’ rights under intellectual property laws. The client agrees that, regardless of the grounds of their claim, and the procedure followed to implement it, any liability of the provider will be limited exclusively to the amount of the work paid by the client for the services provided by the provider. Furthermore, the client waives the right to hold the provider liable in the event of damage to files or any document entrusted to them. The client agrees that the provider is in no way liable for any loss of profits, commercial disruption, claims suffered by the client, or demands or claims made against the client by any third party whatsoever. In no case shall the provider be held liable for indirect damages, such as financial or commercial prejudice, loss of orders, loss of data, loss of earnings, damage to brand image, loss of profits or clients (for example, untimely disclosure of confidential information concerning them as a result of a system defect or hacking).

3- Performance and Limits

The estimate induces a prior interview (physical or telephone, email) with the future publisher, including site plan scouting, organization and preparation (weather checking, cleaning of the interior as much as possible…), travel (rate per kilometer), the photo shoot defined together (interior, exterior and details), delivery of the shots following the service, generic post-processing (excluding specific retouching), calibration, formatting (HD tiff, LT jpeg, Web…) and making the images available. The reports have no other purpose than the creation of graphic media. No liability, duty of advice, or expertise can be attributed to the photographer regarding the proper execution of a photographed work. The necessary steps to obtain authorization to photograph the interiors of buildings are the responsibility of the publisher. Photo reports are conditional upon the client’s requirements in terms of cost and desired views. The chosen formula determines the time spent on site by the provider and, at the same time, the amplitude of the sun’s path, which is decisive for the proper conduct of the photo shoot. Thus, a project oriented to the East, South, and West cannot be fully highlighted during short services of 2 or 3 hours. The choices agreed upon together during the set-up of the estimate will be made knowingly. 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 sufficient sunlight may not meet the most common communication requirements. Photographs with an artistic purpose, whose subject and interpretation are left to the sole discretion of the provider, have a purely subjective value and quality that cannot be questioned by the client. In the absence of a precise and clearly established definition of the subject, point of view, colorimetric treatment or other, the provider may give free rein to his creativity without being questioned. The very principle of calling upon his services implies full acceptance and validation of his artistic choices. The client acknowledges having become acquainted with the provider’s work through his website, book, or other media and requests his services with full knowledge of his artistic style. He also recognizes that the photographer’s work is constantly evolving, that the service offered by the photographer is unique and artistic, and that the delivered photographs may be different from photographs taken by the latter in the past. The provider ensures that he uses all his potential and his personal artistic judgment to create images consistent with his personal vision. The client accepts that this vision may be different from theirs. During on-site photo reports, the photographer tries to adapt to the conditions specific to the place in terms of brightness, weather, accessibility schedules… The quality of the photographs will depend heavily on these conditions, and the provider cannot be blamed if they are not favorable. Consequently, the client acknowledges that the photographs are not subject to rejection based on individual tastes or aesthetic criteria. In the event of a technical problem with the photographic equipment or any accident during the service preventing the provider from delivering the requested work, the entirety of the sum already paid (if any) will be refunded without giving rise to the payment of damages and interests under any title 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 provider at least 72 hours before the scheduled date of the service. In accordance with 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 fully or partially performed. In the event of cancellation or rescheduling less than 72 hours before the scheduled date of a definitive photographic service, a payment corresponding to 30% of the estimate amount will be requested.

4- Pricing

The indicated rates are valid for 30 days from the date of issue of the estimate. For any validated order, the estimate must be returned signed and dated with the mention “good for agreement” (“bon pour accord”). 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 shall be made no later than 30 days following the invoice date (C. Com. art. L 441-6, al. 2 as amended by the law of May 15, 2001). Images are delivered on media or server upon return of payment. Any late payment will give rise to penalties due automatically and without reminder. Any payment incident is liable to late interest. The amount of penalties cannot be less than three times the legal interest rate. Fixed indemnity for recovery costs due to the creditor in the event of late payment: €40. Non-payment results in the automatic cancellation of the transfers of rights and the impossibility of using the photograph(s) concerned. The provider reserves ownership of the goods until full payment of the price by the buyer. Costs always remaining the responsibility of the publisher and in addition to the photographer’s remuneration: potential insurance / transport and accommodation costs for property and persons / Cancellation of the estimate after acceptance.

5 - Intellectual Property Rights

The sale induces the transfer of copyrights for reproductions and representations internal to the “client company” according to the description made on the estimate and invoice. Any transfer to a third party gives the right to copyrights (depending on the size, number of views, and number of prints) unless previously agreed in writing. The photographs may be freely used by the photographer, on any media, to ensure the promotion of his professional activity, respecting the persons and objects photographed, unless a confidentiality clause has been signed beforehand with the client. The client thus accepts that their image may be used on any promotional medium of the photographer. The photographer refrains under any circumstances from exploiting any photograph likely to infringe on the client’s private life or reputation. The client assumes full responsibility for their choices regarding textual and iconographic content appearing in the delivery made by the provider. Their total responsibility is also engaged regarding the use that will be made of it, and notably its compliance with current regulations. The client ensures that they own the rights necessary for the use of all creative textual and iconographic elements provided by them to the provider as part of his mission. They guarantee the provider against any complaint from a third party relative to the violation of the rights of these elements. The client agrees that, regardless of the grounds of their claim, and the procedure followed to implement it, any liability of the provider will be limited exclusively to the amount of work paid by the client for the services provided by the provider. The reproduction of one or more photos does not exempt clients from verifying that the rights of the goods and persons photographed are respected (right to image / art. 9 of the Civil Code). The use of the photographer’s documents engages the sole responsibility of the clients, or any user, who ensure compliance with intellectual property rights as well as those of the persons 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 publisher. The photographs remain the property of their author or his beneficiaries (art. L111-3 CPI). Any use whatsoever (distribution, exhibition, reproduction…), other than strictly described in these conditions, of a photograph is therefore prohibited without the prior written consent of the author. In the event of agreement from the photographer, 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 Photographe” is mandatory for each use of the image (Law No. 92-597 of July 1, 1992). Any omission of the Photographer’s name, any erroneous or incomplete mention, or any grouped signature that does not allow the identification of the author, will give rise to the payment of a flat-rate indemnity, immediately due, equal to double the amount of the rights agreed upon for the declared use, without prejudice to any other damages. Photographs constitute works of the mind, 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 the clients, an use subject, on whatever media, to compliance with the provisions of the Intellectual Property Code, and more generally with the laws and conventions regarding copyright. No photograph may thus be modified in any way whatsoever without the prior written agreement of the author. Clients undertake to respect the integrity of the photographer’s works, and notably to faithfully render the colors, without truncating or distorting them (art. L121-1 CPI).

6 - Delivery Times

The provider reserves the right to postpone the delivery time agreed with the client in the event of incapacity to work due to unfavorable weather conditions, illness or accident, or force majeure (earthquake, fire, storm, flood, lightning, cessation of telecommunication networks, transport stoppage, etc.). After a period of 8 days (from the delivery of the photos and the issue of the invoice) and without news or remarks from the client, the service is tacitly accepted as is. No compensatory indemnity may be required and no withholding may be made by the client. The provider undertakes to notify the client from the first day of his incapacity. The client is also required to inform the provider of an unexpected event disrupting the progress of the service. The provider declines all liability in the event of delays caused by the client as a result of insufficient or late transmission of these elements.

7 - Drone Services

The service is executed by the provider’s personnel, 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. The service is conditional on the authorization of all competent authorities in the zone as well as good weather conditions. If, for meteorological reasons (strong wind, bad weather, night, …), safety reasons (overflying population or animals, distance of the drone from its remote pilot [depending on the scenario], …), the service cannot be executed, the Client may in no case claim non-performance of the contract. If the conditions are not met for a realization of the service in accordance with the legislation in force, both parties must agree on a later date for execution, taking into account the imperatives of prefectural overflight request deadlines. In the event that the Client and/or their representatives wish to be close to the operators in order to control the images, they are placed under the control of the remote pilot until the end of the service. In this case, an “information certificate form for all external persons to the operation who are less than 30m from the remote-controlled aircraft and have a link with the activity” must first be signed by the client and/or their representatives before their presence in the safety area set up by Fortier Media for the performance of the service. They undertake to respect the safety and health rules mentioned in the information form (decree of April 11, 2012 relating to “the design of civil aircraft that circulate with no person on board, the conditions of their employment and the required capabilities of the persons who use them”). If for the needs of the image, according to the client’s needs, actors or extras must be at a horizontal distance of less than 30 meters from the drone, they must have signed a form recognizing awareness of the conditions, rules, and dangers of the shoot before the start of the photo shoot. The client assumes insurance for all risks and all direct or indirect damage that may affect all of the said equipment and installations and declares that they are and will be, for the entire duration hereof, covered by all insurance policies in accordance with custom.