Terms and Conditions of Sale
KM Photographer — Kristian Morch
Version dated May 27, 2026
Article 1 — Identification of the Service Provider
These General Terms and Conditions of Sale (hereinafter “GTC”) govern the contractual relationship between:
Kristian Morch, operating as a sole proprietor under the trade name “KM Photographe,” hereinafter referred to as “the Service Provider” or “the Photographer.”
Registered address: [to be completed] SIRET: 953 192 242 00014 VAT: VAT not applicable, Article 293 B of the General Tax Code Email: kristian@kmphotographe.com Phone: +33 7 82 45 81 51 Website: kmphotographe.com
The client, whether an individual or a legal entity that has accepted a quote from the Service Provider, is hereinafter referred to as “the Client.”
Article 2 — Purpose and Scope
The purpose of these Terms and Conditions is to define the terms under which the Service Provider provides photography and videography services to the Client.
The services offered by the Service Provider include, but are not limited to: wedding photography, engagement and “day after” photo sessions, real estate photography, photography for furnished rentals and vacation properties, executive and team portraits, corporate and brand photography, coverage of professional events (openings, launches, open houses, VIP and public events), and photography training services.
Any order placed with the Service Provider implies the Customer’s unconditional acceptance of these Terms and Conditions, which shall prevail over all other terms and conditions, unless otherwise expressly agreed in writing by the parties.
Article 3 — Quotes and Contract Formation
Each service is subject to a customized quote prepared by the Service Provider based on the information provided by the Client. The quote details the nature of the service, its duration, the number of images or deliverables expected, the delivery deadline, the price, and any selected options.
The quote is valid for thirty (30) days from the date of issuance, unless otherwise explicitly stated. After this period, the quote expires, and a new quote may be issued.
The contract is formed upon the Client’s signature of the estimate, accompanied by payment of the deposit provided for in Article 5, or upon receipt of any written confirmation constituting acceptance (email, electronic signature).
Any subsequent change to the scope of the service will be the subject of a written amendment and may result in a rate adjustment.
Article 4 — Prices and Payment Terms
Prices are quoted in euros, exclusive of VAT (VAT not applicable, Article 293 B of the French General Tax Code). They do not include any travel expenses incurred outside the Service Provider’s usual service area (Alsace), which are specified in the quote.
The accepted payment methods are: bank transfer, check, and cash (up to the legal limit of 1,000 euros).
Default Payment Schedule:
For wedding services: 30% upon booking to reserve the date, 30% thirty (30) days before the event, and the remaining 40% no later than the day of the event.
For one-time real estate, portrait, and corporate photography assignments: 30% upon booking for assignments exceeding €500 net, with the balance due upon delivery of the files.
For event-related or large-scale projects: 30% upon signing the quote, 30% thirty (30) days before the service is provided, and 40% upon delivery of the files.
Any delay in payment shall automatically, without prior notice, result in the application of penalties calculated at the statutory interest rate plus five percentage points, as well as a lump-sum indemnity of 40 euros for collection costs, in accordance with Articles L.441-10 and D.441-5 of the Commercial Code.
Article 5 — Deposit and Reservation Confirmation
Payment of the deposit constitutes firm confirmation of the order and reserves the agreed-upon date in the Service Provider’s schedule. If the deposit is not paid by the deadline specified in the quote, the Service Provider reserves the right to accept another assignment for the same date.
As a general rule, the deposit paid is non-refundable in the event of cancellation by the Customer, unless the provisions of Article 6 apply.
Article 6 — Cancellation and Postponement
Cancellation by the Customer.
Any cancellation by the Customer must be notified in writing (via email or certified mail with return receipt requested).
Cancellation more than sixty (60) days before the service is to be provided: The Service Provider will retain the deposit as compensation for the reserved date and the preparatory work already undertaken.
Cancellation between thirty (30) and sixty (60) days before the service: 50% of the total amount for the service remains due.
Cancellation less than thirty (30) days before the service: 100% of the total amount for the service remains due.
Postponement by the Client.
In the event of duly justified force majeure (serious illness, death of a close relative, or an event preventing the event from taking place) and subject to the Service Provider’s written consent, the service may be rescheduled to another date within a maximum period of twelve (12) months, subject to the Service Provider’s availability and at no additional cost.
Cancellation by the Service Provider.
In the event of a major impediment on the part of the Service Provider (illness, accident, force majeure), the Service Provider agrees to provide a fellow photographer of equivalent skill or to refund in full the amounts paid by the Client. No other compensation may be claimed from the Service Provider.
Article 7 — Performance of the Service
The Service Provider agrees to provide services in accordance with the best practices of its profession, in compliance with the agreed-upon brief and within the specified deadlines.
The Client agrees to provide the Service Provider with all information necessary for the proper performance of the service (detailed schedule for weddings, venue constraints, access to the venues, necessary permits, relevant contacts) no later than ten (10) days before the service for scheduled assignments.
The Client shall ensure that the practical conditions necessary for the performance of the service are met: access to the premises, permits to occupy the spaces, and filming permits, if applicable. The Service Provider shall not be held liable for any failure to perform resulting from the Client’s failure to meet these conditions.
Article 8 — Editorial Selection and Delivery
The Service Provider will make an editorial selection of images from among all the files created during the service. This selection is based on the Service Provider’s artistic discretion and constitutes an essential part of their work. The number of images to be delivered is specified in the quote.
Raw (RAW) files are not provided, nor are images that were excluded from the editorial selection. The Client may not demand delivery of images that were not selected by the Service Provider.
The delivery times indicated in the quote are for informational purposes only and begin on the date the service is provided. In the event of a delay exceeding two (2) weeks beyond the stated deadline, the Service Provider shall notify the Client in writing, explaining the reason for the delay.
Delivery is made through a private online gallery (Pixieset or similar platform) that allows you to download high-resolution files. Physical media (USB drive, album) are shipped or delivered according to the terms specified in the quote.
Article 9 — Retention of Records
The Service Provider will retain the digital files related to the service for a period of one (1) year from the date of delivery. After this period, the Service Provider no longer guarantees the retention of the files. It is the Client’s responsibility to back up these files upon delivery.
An extended storage option may be offered upon request for services that warrant it.
Article 10 — Copyright and Intellectual Property
In accordance with Articles L.111-1 et seq. of the Intellectual Property Code, the Service Provider retains all copyrights to the photographs and videos produced as part of the service.
Transfer of usage rights to the Customer.
The Client has the right to use the delivered images for personal or internal purposes, subject to the terms specified in the quote. For individuals, such use is strictly limited to personal and family purposes (printing, private sharing, and posting on personal social media accounts), excluding any commercial use.
For business clients, the transfer of rights covers, by default, internal use, the Client’s website, professional social media platforms, and the Client’s communication materials (print and digital), for the duration and in the territories specified in the quote. Any use outside this scope—including, but not limited to, resale, transfer to a third party, or widespread advertising—requires the Service Provider’s prior written authorization and may be subject to an additional fee.
Author's note.
The Client agrees to credit the Service Provider (“© Kristian Morch” or “© KM Photographe”) whenever the images are published, provided that the medium technically allows for such credit. Failure to provide credit on media where it is technically possible constitutes a breach of contract.
Promotional use by the Service Provider.
Unless otherwise agreed in writing, the Service Provider reserves the right to use the images produced to promote its business: portfolio, website, social media, marketing materials, photography contests, and trade publications.
If the Client wishes to restrict or prohibit this promotional use, such request must be made in writing at the time the estimate is signed and will be the subject of an explicit clause.
Article 11 — Right of Publicity
The Client warrants that it has obtained, or undertakes to obtain, the consent of the individuals appearing in the images—where such individuals are identifiable—for their use as specified in the quote.
For wedding and event services, it is the Client’s responsibility to inform those in attendance that the event will be photographed and/or videotaped.
The Service Provider shall not be held liable for any legal action brought by a third party identifiable in the images, where such action results from a failure to provide information or obtain authorization attributable to the Client.
Article 12 — Subcontracting
The Service Provider reserves the right to engage collaborators or subcontractors for certain specific services, including videographers, photo retouchers, or assistant photographers. This collaboration is noted in the quote when it is planned.
The Service Provider remains the Client’s sole point of contact and remains responsible for the proper performance of the entire service.
Article 13 — Liability and Insurance
The Service Provider holds a Professional Liability Insurance policy covering the financial consequences of bodily injury, property damage, and consequential damages caused to third parties in the course of its business.
The Service Provider shall not be held liable for any loss, theft, damage, or destruction of files caused by the Client after their delivery, nor for any technical failure on the part of third-party service providers (hosting providers, carriers, delivery platforms).
In the event of a failure of the Service Provider’s equipment during a service (device malfunction, memory card failure) resulting in the partial or total loss of files, the Service Provider agrees to refund all or part of the service fee on a pro rata basis according to the extent of the damage. Under no circumstances may the total compensation exceed the amount of the service fee in question.
Article 14 — Force Majeure
Neither party shall be liable for any failure to fulfill its obligations resulting from a force majeure event as defined in Article 1218 of the Civil Code, including, but not limited to: exceptional weather events, natural disasters, epidemics, government measures, serious accidents, or hospitalization.
The party invoking force majeure shall notify the other party as soon as possible and propose a solution involving a postponement or an amicable resolution.
Article 15 — Protection of Personal Data
The Service Provider collects and processes the Customer’s personal data (last name, first name, email address, phone number, address, and information related to the service) solely for the purpose of fulfilling the contract and its legal obligations (billing, accounting).
This data is retained for as long as necessary to fulfill the contract and, where applicable, for the legally required accounting retention periods (ten years for invoices).
In accordance with the General Data Protection Regulation (GDPR) and the amended French Data Protection Act, the Customer has the right to access, correct, delete, and transfer their personal data, as well as the right to object to the processing of their personal data. These rights may be exercised by writing to kristian@kmphotographe.com.
The full privacy policy is available on the kmphotographe.com website.
Article 16 — Complaints and Mediation
In the event of a dispute, the Customer is encouraged to first contact the Service Provider in writing to seek an amicable resolution.
In accordance with Articles L.611-1 et seq. of the Consumer Code, if an amicable resolution cannot be reached, the consumer-customer has the option of seeking the assistance of a consumer mediator free of charge.
If an amicable resolution cannot be reached, and after the mediation process has been initiated, the dispute will be brought before the competent French courts.
Article 17 — Governing Law and Jurisdiction
These Terms and Conditions are governed by French law.
In the event of a dispute, and after all attempts at amicable resolution and mediation have failed, the French courts shall have exclusive jurisdiction. For disputes with a business customer, the court with jurisdiction shall be the one within the jurisdiction of the Service Provider’s headquarters.
Article 18 — Acceptance and Enforceability
The Customer acknowledges having read these General Terms and Conditions at the time of signing the estimate and accepts them without reservation. The signing of the estimate or any commencement of performance of the contract (payment of a deposit, exchange of correspondence constituting an agreement) constitutes full and complete acceptance of these General Terms and Conditions.
The Service Provider reserves the right to modify these Terms and Conditions at any time. The version applicable to the contract is the one in effect on the date the quote is signed.