General conditions of sales
The general conditions of sales are applied when a contract is signed, a quote endorsement or payment of a deposit.
Last update on January 03rd, 2022
Services or marchandise not included in this initial contract will be sold at current price when an order is placed. All prices are subject to change at any time without notice. Credit vouchers have no intrinsic cash value and may only be applied toward merchandise purchased from photographer. All print/album credits and sessions must be used within 6 months of web gallery posting or photographer may substitute a product of reasonable value to fulfill any outstanding credit balance. In case of cancellation of the clients for any reason, the down payment will not be refundable. If the photographer decides for any reason to cancel the services or marchandise, he will have to refund the deposit paid within 90 days. In case where the Clients change a location, DavidZ Photographer gives himself the right to cancel his service without refunding the Advance payment, can claim a financial compensation for travel or apply a mark-up according to the change.
The Clients must pay a deposit (not refundable) of 50% of the total amount of the service at the signature of the contract in order to permanently reserve the date of the event. After a withdrawal period of 7days from the date of signature, the client will have to pay the amount due by this contract. If for any reason whatsoever, the client fails to pay the amount of deposit, DavidZ Photographer may break the contract and request compensation of 20% of the total amount of the service and the payment of the all legal costs incurred. The balance of the benefit must be paid 7 days before the event by bank transfer or the day of the Wedding in cash. Any delay in payment may give rise to financial penalties of 3% of the price of the service per day of delay. In case of non-payment of the sold, the photographer will be entitled not to perform his performance or not to provide the photographs. The deposit and other payment will not be refundable. The Clients’ bank fees for the payment of this contract must remain its own responsibility.
Unless agreed upon in advance, David Zaoui and his team shall be the exclusive photographers retained for the event. Photographer may bring one assistant at her discretion. Videographers and other vendors as well as semi- professional photographers must not obstruct or interfere with the official photography and are not allowed to take any still photos during formal sessions. Wedding guests may take photos, but it is the responsibility of Client to prevent family and friends from interfering with Photographer's duties. Photographer is not responsible for compromised coverage due to causes beyond her control such as other people's camera or flash, the lateness of the bride, groom, family members and bridal party members or other principles, weather conditions, schedule complications, rendering of decorations, or restrictions of the venues or officiate. Photographer is not responsible for existing backgrounds or lighting conditions which may negatively impact or restrict the photography coverage. Client agrees to confirm the schedule one-week prior to the event and to send the Photographer a copy of the invitation prior to the wedding. Notification of any changes in schedule or location must be made in a timely manner. Changes can be made by phone with a follow-up email for documentation. If email is sent, confirmation of receipt must be obtained.
Ensuring the appropriate behavior of all guests and other persons at the wedding and other events covered by Photographer shall be the responsibility of Client. In the event Photographer or her employee experiences any inappropriate, threatening, hostile or offensive behavior from any guest or other person at the wedding or other event (including, but not limited to, unwelcome sexual advances and verbal or physical conduct of a sexual nature) then the following process shall be followed: first offense: a verbal warning will be issued to a family member of the client; second offense: the offending person will be required to leave the wedding or event; third offense: Photographer will end wedding coverage immediately and leave the event, Photographer shall be entitled to retain all monies paid hereunder and client agrees to relieve and hold Photographer harmless as a result of incomplete wedding or event photography coverage.
Photographer will provide coverage for the dates, locations and continuous hours specified in this Agreement. Additional travel or coverage hours may be added by agreement on the wedding day and must be paid in full before any photos or products are released to the Client. Every reasonable effort will be made to take requested pictures, but no specific pose or photograph can be promised. Any lists supplied will be used for organizational purposes only. Images determined by the photographer to be substandard or duplicated may be edited out. The Photographer will use her professional judgment and sole discretion to select which photos to deliver. Such selection shall constitute all images that will be made available to Client.
The date of the event bound by this contract may be modified without financial compensation if this modification occurs 1 year to the day before the date of the event bound by this agreement and during the first request for postponement. This date transfer must be made by e-mail to the photographer. If this postponement occurs the last year before the date of the event or / and from the second postponement, financial compensation not exceeding the amount of the deposit may be requested by the photographer. The new date must be agreed and validated by both parties. If the photographer is not available for this new date, DavidZ Photographer reserves the right to position another professional photographer on the event by informing clients in advance by e-mail. No refund may be required by customers in the event of postponement or unavailability of the photographer on this new date.
In case of postponement due to a pandemic period ordered by the government of the country where the wedding will take place or to a climatic disaster, the date of the event linked by this contract may be modified without financial compensation. This new date must be agreed and validated by both parties. In case of unavailability of the main photographer for this new date, DavidZ Photographer reserves the right to position another professional photographer on the event by informing clients in advance by e-mail. No refund can be requested by customers in the event of postponement or unavailability of the photographer on this new date.
Image Processing/Printing :
Unless agreed upon prior to any editing work, high-resolution discs and/or proof sets may contain a mixture of color, black and white, and selective color images. An alternately colored version of a photo may be purchased at the current rate. Limited color correction and/or retouching are included at Photographer's discretion. Client may request further changes for an additional charge. Photographer is not responsible for any prints that are not ordered directly from her. For best results, clients with the high-resolution files should order their prints through a reputable lab. Printing and wedding books must be ordered within 12 months of the event. After this one year delay, the order will be canceled and no refundable.
Model Release :
This contract serves as a model release giving the Photographer the irrevocable right to use the photographs in all forms and in all media and in all manners, without any restriction as to changes or alterations, for advertising, trade, promotion, exhibition, websites or any other lawful purposes. The Photographer can grant use of the images to third parties and all compensation for use and credit for the images remain the property of David Zaoui. Client waives any right to inspect or approve the photograph(s), finished version(s) incorporating the photograph(s), or the use to which it may be applied, including written copy that may be created and appear in connection therewith. This release is binding on the Client, their legal representatives, heirs, and assigns.
All photographs taken by David Zaoui are his property, will remain his property and are protected by France Copyright Laws . Client hereby waives any claims for ownership, income, editorial control and use of the images (website, social networks, advertising, contests, magazines etc,). Violators of this federal law will be subject to its civil and criminal penalties. Only the VIP Option revokes the photographer’s right to use the photos on Website, social networks, advertising, contest, conferences, magazines etc...
Client agrees to purchase prints directly from Photographer unless in possession of high resolution digital files included in the package. Client agrees not to scan, copy or reproduce images in any manner without written permission. Should Photographer become aware of reproduction without permission, Client will remit a usage fee of $300 per image, per usage to Photographer. If high resolution digital files are purchased, a written release will be supplied with those files. The release grants Client the right to reproduce the images provided for their personal use only and does not allow the photos to be altered, sold or published. Client further agrees not to supply images to other providers, blogs or magazines without the agreement of the photographer.
The deadline for receipt of photographs is 2 months maximum. No financial compensation will be required due to a possible delay. The photographer David Zaoui can not be held responsible for any delay or deterioration of the prints / album sent by a transport company. In case of loss by the Customer of the photographs, the photographer will be able to provide a copy without obligation. The photographer can not be held responsible in case of non-preservation of the photographs.
The Clients agrees to provide to photographer(s) and service providers bound by this contract, a hot meal in the same way as the guests while the dinner. « Meal trays » are not accepted. The lunch is not obligatory and remains at the Client’s convenience. In case of forgetfulness of hot meal, providers will not be responsable of their work’s quality while the evening (Physical failure) and the Client will be responsable for any medical intervention.
Judgment and Insurance :
In case of disagreement, a procedure can only take place in Montpellier, France. DavidZ Photographer puts at your disposal its Certificates of liability insurance . (Professional Liability and General Liability ).