1. Subject

These general terms and conditions of sale (hereinafter referred to as “T&C”) create a legal agreement and apply to all orders and all sales of services and products concluded between the customer (hereinafter referred to as “the customer”) and the drone pilot, photographer, videographer Csak Thomas or Carla Oberto (hereinafter referred to as “the drone pilot, photographer, videographer“) self-employed entrepreneur operating under Siret 97993306600016 / 97939112500015 – VAT not applicable – Drone pilot, photographer and videographer not subject to tax – Art. 293B du CGI.

Csak Thomas or Carla Oberto offers private and public photography and videography services as presented on its website: Topography-production.com.

Any reservation of a session or order of products implies full acceptance of these T&C, unless special conditions are agreed in writing between the drone pilot, photographer, videographer and the customer.

Le télépilote drone, photographe, vidéaste reserves the right to modify these terms and conditions at any time. Each order is governed by the terms and conditions applicable on the date of the order.

2. Order

Prices are in euros (€) and include all taxes. Prices displayed on the Topography-production.com website are subject to change without notice or prior information. If they are subject to change, any service previously fixed will keep the rate applied when the order was taken.

Deposit : The order is effective only after receipt of a deposit of 30% and must be validated by a contract/quotation signed by the customer, including practical information (date, location, etc.). This must be returned signed to the drone pilot, photographer or videographer by email. If payment is not received within 7 days of agreement by the drone pilot, photographer, videographer for the date agreed with the customer, the drone pilot, photographer, videographer is no longer obliged to reserve the date for the customer, and the reservation may be cancelled. The deposit can be paid by bank transfer, cheque (payable to Csak Thomas or Carla Oberto) or cash.

Payment : The balance will be paid by the customer by bank transfer, cheque or cash on the day of the service (plan to make the transfer in advance so that the sum appears on the account of the drone pilot, photographer or videographer on the day of the session). Any charges relating to payment made in a foreign currency are entirely at the customer’s expense. No discount will be granted for cash or advance payment.

In the event of a cheque with insufficient funds, the customer will be notified by the drone pilot, photographer or videographer, and will have 72 hours to pay for the service in cash or by bank transfer.

Any delay in payment will give rise to the payment of interest at the minimum rate stipulated in article L 441-6 of the French Commercial Code (legal interest multiplied by three), payable by right and without reminder, calculated on the amounts excluding taxes, as well as a fixed indemnity of €50 per invoice for the inconvenience caused.

Non-payment of the balance will result in the cancellation of the delivery of the photos, video or realizations, without reimbursement of the deposit received. The final delivery of the photos, video or realizations will only take place once the order has been paid in full.

Estimates drawn up by the drone pilot, photographer or videographer are valid for 30 days.

Withdrawal period: As booking a photo session is a personal process, the customer has no withdrawal period. No amount already paid by the customer will be reimbursed.

As products are considered to be highly personalized, no reimbursement will be made if the drone pilot, photographer or videographer has already placed an order with his or her suppliers.

Postponement or cancellation: If the drone pilot, photographer or videographer is unable to honor the contract due to force majeure, an alternative date will be proposed wherever possible. If no agreement is reached, the deposit will be refunded in full, without entitlement to damages of any kind.

Any request for modification (date, time, place) by the customer must be made no later than 15 days before the scheduled date of the session, except in cases of force majeure. However, the rescheduling of the session must take place within 2 months of the date scheduled for the initial session, if the schedule of the drone pilot, photographer or videographer permits. In the event of postponement, the drone pilot, photographer or videographer cannot be held responsible for the non-fulfillment of certain particularities of the session (season, weather, shooting environment, etc.).

In the event of cancellation of the session by the customer, in accordance with legal provisions, the amount of the deposit will not be reimbursed; it covers the flat-rate costs of preparing your session and the loss of earnings from a lost photographic service.

Force majeure, weather conditions, illness: Force majeure is considered to be an unforeseeable external event making it impossible to carry out the service (accident, death of a relative, etc.). Either party may invoke this right in the event of force majeure. The drone pilot, photographer, videographer or customer undertakes to inform the other party as soon as possible by telephone or e-mail. By mutual agreement, a new date will be scheduled, at no extra cost for the same service. The drone pilot, photographer and videographer also reserves the right to postpone a service in the event of illness. In the event of cancellation for any of the aforementioned reasons, the drone pilot, photographer or videographer shall not be held liable for such cancellation, nor shall it give rise to the payment of any damages whatsoever.

In the event of unfavorable weather conditions, the drone pilot, photographer, videographer cannot be held responsible for the non-execution or partial execution of the service initially planned in the order when the shooting must be carried out outdoors or when access to the meeting point with the customer proves to be very difficult or impossible. Under no circumstances may the contract be revoked, and no reimbursement, even partial, will be made. The session will be postponed to a later date.

Technical problems and accidents : The drone pilot, photographer, videographer undertakes to provide himself with sufficient equipment to ensure all of his services and to ensure the use of equipment in a good state of maintenance and operation. In the event of a technical problem with the photographic or videographic equipment, or any other accident during the service, preventing the drone pilot, photographer or videographer from delivering the work requested, the full amount paid will be reimbursed, without giving rise to the payment of damages on any grounds whatsoever. The customer may also agree to postpone the session to a later date, in which case the amount paid will not be reimbursed.

Despite all the care taken with digital files, it may exceptionally happen that, following a session, due to involuntary destruction, computer breakdown, fire or burglary, the sources of the photographs or videographies are unusable. In this case, the drone pilot, photographer or videographer offers you the possibility of redoing the session in order to compensate for this incident, which is beyond his or her control. In the event of refusal, the customer will only be entitled to a refund of the service and this without any compensation.

Travel expenses : Travel expenses are included up to a limit of 30 km (the round trip must not exceed 30 kilometers), from the home of the drone pilot, photographer or videographer. Beyond that point, transportation and any other costs will be charged to the customer. Depending on the type of contract, travel costs are generally free.

Session schedule: The customer agrees to be on time for the session. If the customer is more than 30 minutes late, the drone pilot, photographer or videographer reserves the right to cancel the session. The delay will be deducted from the time originally scheduled, so as not to penalize the next customer, who does not have to endure the delay. The session may also be postponed at the discretion of the drone pilot, photographer or videographer, depending on availability.

The drone pilot, photographer and videographer cannot be held responsible for poor-quality photos in the event of a lack of cooperation from one of the participants in the session.

Delivery: Le télépilote drone, photographe, vidéaste will do its utmost to ensure that the photos are delivered as quickly as possible (as announced when the order is placed).

A delay in delivery or execution cannot be invoked by the customer to request cancellation of the contract, claim damages or assert any other claim.

Unless specifically requested by the customer, digital photos are delivered via Google Drive and are generally available on this drive for a minimum of one year.

The drone pilot, photographer, videographer guarantees the print quality of the prints ordered through him. It is not responsible for the print quality of other print labs or lambda print websites.

Personal data: The personal information collected when placing an order is intended exclusively for customer management purposes, and in particular for tracking bookings in order to ensure that the service ordered is carried out correctly.

The drone pilot, photographer, videographer undertakes not to communicate this information to third parties for any reason whatsoever.

3. Intellectual property and image rights

Intellectual property: Photographs and videographs constitute intellectual works, as defined by the French Intellectual Property Code, of which the drone pilot, photographer or videographer is the author (art. L112-2 CPI). Photographs and videographs are reserved for the personal and private use of customers, subject to compliance with the provisions of the French Intellectual Property Code, and more generally with copyright laws and conventions. No photograph or video may be modified in any way whatsoever without the prior written consent of the author. Customers undertake to respect the integrity of the works of the drone pilot, photographer or videographer, and in particular to render the colors faithfully, without truncating or distorting them. (art. L121-1 CPI)

Even after the digital files have been transferred, the photographs and videographs remain the intellectual property of the drone pilot, photographer or videographer, and are therefore not free of rights. Only the customer’s image rights are inalienable.

In particular, it is forbidden and punishable by law to digitize prints with a view to distributing them on the Internet or making reproductions of them (including for private use), to copy and use the images presented on the photographer’s own various media, to remove the signature and/or logo of the drone pilot, photographer, videographer by any means whatsoever, and to modify the photos, videos (switching to black and white, cropping, various retouching, etc.) without prior authorization from the drone pilot, photographer, videographer.

When the customer purchases digital files in high or low resolution, he is authorized to reproduce the files and save them on any medium he wishes for the sole purpose of conservation, and solely for his own personal and private use. Under no circumstances may the user modify (crop, add effects of any kind, etc.) the photos and videos, which remain the original creations of their author.

For any public use, including social networks, the customer must mention the name of the drone pilot, photographer or videographer. If publications are made on social networks, the customer must in addition to citing the name, mention the account of the photographer on the social network in question (@Topographyproduction on Instagram, Facebook, Youtube. Photos and videos must be used with the logo if supplied.

Any comments or captions accompanying the reproduction or representation of photos or videos must not harm the image and/or reputation of the drone pilot, photographer or videographer.

The communication of media (paper prints, originals and photographs, videographies stored on a computer medium) does not imply, nor presume, the transfer of exploitation rights on the photographs, videographies (reproduction and/or representation rights).

Photographs and videographs, whether in digital or analog format, remain the property of their authors or their assignees. (art. L111-3 CPI). Any use whatsoever (distribution, exhibition, reproduction, etc.), other than strictly personal, of a photograph or videograph is therefore prohibited without the prior written consent of the author.

If the images are to be used for anything other than private purposes, the drone pilot, photographer or videographer will assess the amount of royalties due, depending on the type and volume of distribution.

Any use of the drone pilot’s, photographer’s, videographer’s images 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 of up to 3 years’ imprisonment and a €300,000 fine.

Image rights: The customer retains his or her inalienable image rights under all circumstances, at all times and in all places.

Unless the customer advises otherwise in writing before the shots are taken, the drone pilot, photographer or videographer may use the images for commercial purposes as part of the promotion of his or her activity (website, professional pages on social networks, advertising, exhibitions, publication of books for sale, presentation brochures, press articles, etc.) for an indefinite period, it being understood that the photographs and videographies will not be used for purposes likely to harm the persons represented or the property photographed.

The drone pilot, photographer and videographer shall refrain from using any photograph or videography likely to infringe on the privacy, image or reputation of customers.

In the case of a session offered (collaboration) with a view to broadcasting, if the customer finally objects to this broadcasting, a compensatory indemnity corresponding to the current rate will be due.

4. Photographic style

The Customer acknowledges that he/she is familiar with the work of the drone pilot, photographer and videographer, and requests his/her services with full knowledge of the latter’s artistic style.

He also acknowledges that the work of the drone pilot, photographer, videographer is constantly evolving, that the service offered by the drone pilot, photographer, videographer is unique and artistic, and that the photographs, videographs delivered may differ from the photographs and videographs taken by the drone pilot, photographer, videographer in the past.

The drone pilot, photographer, videographer is not subject to an obligation of result. He assures that he will do everything in his power and use all his potential and artistic judgment to provide quality images. The content of these images is left to the artistic appreciation of the drone pilot, photographer or videographer. Consequently, the customer acknowledges that photographs and videographies are not subject to rejection on the basis of individual tastes or aesthetic criteria.

During the sessions, the drone pilot, photographer, videographer tries to adapt to the specific conditions of the location in terms of luminosity, colors and environment. The quality of the photographs, videographs will largely depend on these conditions, which cannot be blamed on the remote drone pilot, photographer, videographer if they are not favorable.

Post-processing : Post-processing, just like shooting, is specific to the drone pilot, photographer or videographer, and is an integral part of his or her work, style and artistic universe. The drone pilot, photographer or videographer is the only one to decide what post-processing to apply. Only photographs and videos processed by the drone pilot, photographer or videographer can be used by both parties. No raw images will be given to the customer, nor can they be demanded, and the drone pilot, photographer, videographer reserves the right to destroy them within a timeframe that suits him/her. No raw files (RAW) will be delivered to the customer and cannot be demanded. Digital files are delivered in .jpeg or .mp4 format. They are kept for a minimum of one year by the drone pilot, photographer or videographer (except in the case of disasters beyond his or her control, such as a failed external disk, flood, fire or other); beyond that, he or she reserves the right to destroy them.

If the customer wishes to obtain a new post-processing proposal for a photo, this will be invoiced at the current rate. If the customer wishes specific retouching, this must also be notified in writing in a summary e-mail. Retouching images that have already been retouched, even though the customer has agreed to the retouching style, is not included in the service. This service may be carried out, but will be invoiced extra.

Exchanges concerning alterations will be made exclusively by e-mail in order to keep a written record.

5. Drone services

The service provided by the drone pilot, photographer or videographer consists of taking aerial photos and/or videos, at low altitude (in accordance with the regulations in force in the area), and delivering the retouched products to the customer (shot content, color grading, etc.) or in the form of a video edited by the drone pilot, photographer or videographer, as agreed with the customer at the time of the quote.

The files in question will be transmitted on physical media (SD cards, USB keys, etc.) or in dematerialized form (WeTransfert, GoogleDrive, etc.).

The drone pilot, photographer or videographer undertakes to carry out the order in accordance with the quote.

Weather forecasts will be taken into account to determine the date on which the service will be carried out, as well as any flight authorizations required to operate in compliance with the rules set up by the competent local authorities.

It is specified that the drone pilot, photographer or videographer is qualified and has full authority on the site of the mission to conduct the operations to be carried out in strict compliance with safety regulations with regard to third parties and property.

Resources: The drone telepilot, photographer, videographer is registered with the Direction Générale de l’Aviation Civile (DGAC) in accordance with current regulations (decrees of 2015 and October 2018 Art. 3). The flight devices (i.e. unmanned aircraft remotely piloted in sight or out of sight, better known as “drones”) it uses as part of its service missions are DGAC-approved for flights outside populated areas (scenario 1) and for flights in built-up areas (scenario 3), as well as for flights outside populated areas and out of sight of the remote pilot (scenario 2).

In addition, remote pilots, photographers and videographers have their own camera equipment, adapted to the flight devices and their constraints.

6. Applicable law

The contractual relations between the parties to which these general terms and conditions apply are governed exclusively by French law.

Any dispute relating to the formation, performance or interpretation of these terms and conditions, or of any agreement to which they apply, shall, in the absence of amicable agreement, be subject to the exclusive jurisdiction of the French courts. Any legal action must be brought before a court located in the département where the drone pilot, photographer or videographer resides.

The customer acknowledges having read and understood the above terms and conditions.