A. Scope of application.

B. Quotations, Invoices – Basic and Supplementary Benefits

C. Payment and invoicing

D. Travel or cancellation

D.1 General

D.2 Travel

D.3 Cancellation.

D.4 Cancellation or postponement of a session offered (gift voucher)

D.5 Epidemic and/or pandemic/war

E. Organization of the shooting

E.1 In general

E.2 Pregnancy photographs

E.3 Photographs of newborns :

F. Delivery.

G. Post-processing, storage or printing media.

H. Photobooth

I. Copyright and reproduction, distribution.

J. Right of diffusion by Marie Montibert

K. Validity and modifications

L. Jurisdiction and applicable law

A. Scope of Application
A.1 These general terms and conditions (GTC) regulate the contractual relationship between Marie Montibert and its customers.

A.2 By concluding a contract with Marie Montibert, either by electronic confirmation or in writing, the signatory of the order form or the client certifies that he has read, understood and accepted these terms and conditions without reservation. The general terms and conditions are deemed to be understood and accepted in their entirety with the receipt of the quotation countersigned by the customer (in writing or electronically).

A.3 These general terms and conditions apply to the entire contractual relationship between Marie Montibert and her clients. They also apply to mandates carried out by third parties acting on the instructions of Marie Montibert (employees, subcontractors, agents, etc.). Specific conditions and/or agreements, to be drawn up in written form, may apply to the relationship between the parties. They shall supplement or amend the General Terms and Conditions and shall take precedence over the latter.

A.4 These general terms and conditions do not regulate the relationship between Marie Montibert and its subcontractors or employees.

B. Quotations, invoices – basic and additional services
B.1 All services and products offered to clients are explicitly detailed in the quotation sent by Marie Montibert. The fees do not include post-production costs, travel costs, accommodation costs or other additional expenses, unless specifically mentioned in the quotation.

B.2 Marie Montibert’s quotation is binding until the expiry of the period specified therein. If the quotation does not indicate any other period of validity, it remains valid for 30 days from the receipt of the e-mail by the client. If no reply is received from the client after the expiry of the deadline, Marie Montibert will provide the client with a new quotation, the conditions of which, including the rates, may differ from the original quotation.

B.3 The contract is deemed to have been concluded when the client approves the quotation by electronic means, by registered mail or via the file management platform used by Marie Montibert (e.g. Studio Ninja).

B.4 Prior to the conclusion of the contract, either party may withdraw from the negotiations without incurring any financial consequences, unless otherwise specified in the quote.

B.5 For all new work requests during the course of the mandate, an additional quote will be issued. This will be validated and the services will be added to the current assignment upon receipt of the signed estimate returned via the file management platform used by Marie Montibert (e.g. Studio Ninja), by email or by registered mail.

B.6 When the services of models, make-up artists, dressers, assistants and other related trades are requested by clients, these services are charged in addition to the normal photographic/videographic services.

B.7 The date of the shooting will be confirmed and validated upon receipt of the signed quote and the deposit as per paragraph C. below. Until both elements are received, the date is not guaranteed.

C. Payment and invoicing
C.1 A deposit of at least 30% of the estimated amount is to be paid after signing the quotation, for formal reservation, and this must be done within 7 days after signing, unless otherwise agreed in writing between the two parties. If the period between the reservation and the service is less than 30 days, Marie Montibert reserves the right to invoice the entire fee in one go.

C.2 The deposit will be 50% in the case of major expenses incurred by the booking, such as travel or accommodation, premises, etc.

C.3 The balance must be paid at the latest 14 days before the shooting by bank transfer. Any bank charges are entirely at the client’s expense. If the payment for the service has not been received within 14 days before the service, Marie Montibert reserves the right not to carry out the shooting and this without any possibility of compensation.

C.4 At the end of the mandate, when the work is deemed completed by both parties, a final invoice summarizing the various accepted estimates, services performed and amounts paid by the client will be issued via the software.

C.5 Once the client concludes the contract by signing the estimate, he/she is obliged to pay the deposit. If the customer does not pay the deposit, Marie Montibert will initially send a reminder by registered mail with acknowledgement of receipt with a deadline for payment of the amount due within 5 working days. If there is no reaction within the time limit, a reminder will be sent by registered mail with acknowledgement of receipt for payment within 3 working days. The costs of the reminder, respectively the reminder, amount to CHF 30.00 each time. In case of non-payment, Marie Montibert reserves the right to take legal action. The same applies to all other amounts which the client undertakes to pay and which he/she does not pay.

C.6. If additional hours, i.e. hours exceeding what was foreseen in the estimate, must be carried out, they will be invoiced at CHF 280.00/hour and payable within 7 days of receipt of the invoice.

D. Displacement or cancellation
D.1 General
After validation of the estimate, the date of the service is considered non-modifiable, subject to the conditions below.

D.2 Displacement
D.2.1 If the client wishes to change the date of the shooting after the validation of the quote, this change can only be made with the agreement of Marie Montibert and according to the availability of the latter. If no agreement is reached, the client may request the cancellation of the shooting according to the terms and conditions set out below (section D.3).

D.2.2 If the shoot is moved to a later date at the request of the Client, Marie Montibert will still receive 75% of the total amount quoted for the service on the original date, with the remaining 25% due 14 days prior to the new shooting date.

D.2.3 In the event of a second postponement of the event at the request of the client, the full amount of the quote must be paid no later than the announcement of the second trip. In addition, a supplementary quotation, which may be higher than the basic price, will confirm the reservation of the new date. If this offer is not accepted, the contract is terminated and the full amount of the initial fee is retained by Marie Montibert.

A third postponement of the event at the request of the client will not be accepted, except in special circumstances.

D.2.4 In addition, in order to limit the damage suffered by Marie Montibert due to the displacement, Marie Montibert will charge, in addition to the initial price of the service, an indemnity equivalent to 15% of the total sum estimated in the event of displacement on a weekday or in the low season (November to April). The compensation will be 25% of the total amount in case of displacement on a weekend of high season (from May to October). A new allowance is due for each rescheduling request.

D.2.5 The new date will be confirmed upon receipt of the amendment to the estimate countersigned by the Client and payment of the indemnity.

D.2.6 It will not be possible to ask for the cancellation of another service, agreed with another client, if the desired day is already booked.

2.7 This chapter does not apply to travel due to weather conditions, illness or accident duly documented by the client or other similar circumstances.
D.3 Cancellation
D.3.1 The client who wishes to cancel the shoot after the acceptance of the quote must inform Marie Montibert by registered mail with acknowledgement of receipt. The deposit for the initial booking will not be refunded under any circumstances. If the cancellation of the shooting occurs less than 6 months before the scheduled date, 50% of the total amount is due. If the cancellation occurs less than 3 months before the scheduled date, 75% of the total amount is due. If the cancellation occurs less than 30 days before the shooting, the full amount is due, from which any travel or accommodation costs that Marie Montibert may be reimbursed will be deducted.

D.3.2 If Marie Montibert is unable to fulfill its obligations and the shoot cannot be rescheduled, Marie Montibert undertakes to offer the Client an alternative solution, notifying the Client as soon as possible by e-mail. A study of the possibilities will then be made in order to find the best compromise for both parties. The payment of the service will remain identical to what was agreed between the parties, without additional cost for the client.

D.3.3 After all other means of fulfilling its obligations have been exhausted, Marie Montibert may cancel a scheduled session or shoot by notifying the client as soon as possible by registered mail with acknowledgement of receipt. All sums already paid by the client will be refunded in full.

D.4 Cancellation or postponement of a session offered (gift certificate)
D.4.1 In the case of cancellation or postponement of a session offered by a third party (gift voucher), articles D.1 to D.3 are applicable.

D.4.2 Moreover, if the client shows up after the expiration date of the gift certificate, the session cannot be held and no compensation can be claimed by the client.

D.5 Epidemic and/or pandemic/war
D.5.1 In the event of an epidemic/pandemic resulting in limitations on events in the public or private sphere, Marie Montibert agrees to enter into discussions to find a mutually agreeable solution.

D.5.2 In any event, a certificate of non-performance of the mandate must be signed by the client within 7 days of the announcement of the cancellation of the event, which can be done by email or by registered letter.

D.5.3 In case of cancellation or relocation of the service, the general provisions in case of cancellation shall apply, unless otherwise agreed by the parties.

D.5.4 These provisions are also valid in case of war.

E. Organization of the shooting
E.1 In general
E.1.1 Photographic/videographic assignments are carried out by experienced personnel. The photographers and videographers arrive at the agreed location ready and fully equipped with the appropriate equipment for the assignment.

E.1.2 All the capture material is provided by Marie Montibert or its subcontractors. The equipment used consists exclusively of professional quality equipment intended for the sole use of photographic/video services of our clients. The equipment is carefully maintained and is deemed to be complete and in perfect working order during the mandates. On certain occasions, consumable expenses may be charged, in particular when said consumables are given to the clients at the end of the mandate in the case of a particular request.

E.1.3 Marie Montibert, or its subcontractors, insures the material used adequately for all the usual uses of the latter. In the event of breakage, loss or theft due to inadequate care by the client, his/her employees, guests or circumstances of use or storage, Marie Montibert is entitled to claim damages in the amount of the insurance excess, or, in the event that the damage is not covered by insurance, the costs of repair or replacement of the damaged items. All related costs are supported by ad-hoc invoices.

E.1.4 The attendance schedule of Marie Montibert, respectively that of her subcontractors or employees, is agreed between the parties. However, at the earliest, the photographer/videographer will arrive at 10:00 a.m. and will leave at the latest at 2:00 a.m. The duration of the intervention of the photographer/videographer is 13 hours maximum, including travel between the various locations of the event and meals. If clients wish the photographer/videographer to be present on site before 10am or after 2am, they will have to pay for an additional night’s accommodation near the shooting location. An additional estimate will be submitted to the client for acceptance and will be the subject of an additional invoice. If the estimated hours are exceeded, a supplementary invoice will be sent to the client at a later date, in accordance with section C.6. In case of unexpected overruns, if not already included in the contract, a hotel room for each photographer/videographer will be invoiced, before or after the service, in addition to the conditions already agreed upon when the quote was signed. If clients (e.g. grooms) book a shoot for dinner and the evening, and if the location of the reception is more than 1 hour away from the photographer’s/videographer’s home, i.e. 80km, the photographer/videographer will be provided with accommodation for the night following the event.

E.1.5 When a service exceeds 5 hours of shooting, the clients must provide a lunch (cold or hot at noon) and a hot dinner in the evening (starter – main course – dessert) seated at a table, preferably at the table of the guests in order to be able to react during the different interventions of the relatives. In all cases, a “service tray” type meal will not be accepted. In this case and if the photographer/videographer’s meal (lunch and dinner) has not been provided, he/she reserves the right to leave the location of the shooting to eat. The time will not be deducted and no compensation will be claimed. Furthermore, clients will not be entitled to any compensation whatsoever if crucial photographs/videographs are missing due to the photographer/videographer’s temporary absence for refreshments. Drinks are in any case provided free of charge to the photographer/videographer.

E.1.6 In the event that the photographer/videographer needs to be accommodated before and/or after the assignment, Marie Montibert reserves the right to choose the accommodation at the client’s expense. In any case, a private room with bathroom is mandatory. Unless otherwise agreed, Marie Montibert reserves the accommodation. The accommodation must be within a radius that does not require the photographer/videographer to travel by vehicle (public transport or car).

E.1.7 In the event that the photographer/videographer needs to travel to the location by means other than a vehicle (e.g. plane, boat, train, etc.), Marie Montibert reserves the right to choose the type of transportation and the time of day at the client’s expense. Unless otherwise agreed, Marie Montibert reserves the transportation. Marie Montibert reserves the right to charge the difference in rates if the variation is due to the client’s delay in notification.

E.1.8 In the case of weddings or other important events, clients are asked to provide a photo-book with the most important members of the event so that the photographer/videographer knows if there are important people to photograph/film. If this document is not provided, the photographer/videographer cannot be held responsible for the absence of photographs/videographs of these people.

E.1.9 In the case of an event with more than 130 guests at the cocktail party and 110 at the meal, a second photographer/videographer will normally be assigned. The need for a second photographer/videographer may be considered at the discretion of Marie Montibert in relation to the number of guests and the organization of the day. The client is also free to request a second photographer/videographer from Marie Montibert at any time, but the request must be made at least 6 months prior to the event, otherwise Marie Montibert cannot guarantee the presence of a second service provider. An additional fee for the whole day and evening will be calculated and invoiced. Depending on the demand and experience of the second photographer/videographer, the amount charged may vary. The same conditions as above apply for lunch and dinner as well as accommodation and transportation. A separate room will be required.

E.1.10 Clients (especially married couples) agree to reserve a parking space for the photographer’s/videographer’s car as close to the entrance as possible at all strategic locations. If this is not the case and the photographer/videographer misses part of the wedding, Marie Montibert is not responsible.

E.1.11 The locations of appointments (for set-up, delivery, etc.) are agreed upon between the parties; if not agreed upon, Marie Montibert chooses the locations. If a face-to-face appointment cannot be arranged (e.g. due to health restrictions), a video conference or telephone call may be offered by Marie Montibert. The client is responsible for the cost of shipping the products resulting from the service.

E.12 Groom and bride must send Marie Montibert a timeline of the wedding process by email at least 14 days prior to the wedding date, or earlier if possible. An original version of the wedding announcement must be sent by post to Marie Montibert by the same deadline.

E.1.13 The photographer/videographer reserves the right to discontinue her services in the event of disrespect (verbal or physical abuse) on the part of clients, their guests or third parties. If the conflict is not resolved on the spot, the photographer/videographer is immediately released from his or her obligations towards the clients, without the latter being entitled to claim compensation.

E.2 Pregnancy photographs :
E.2.1 Clients (expectant parents) agree to contact Marie Montibert during the second trimester of pregnancy to arrange a date for the shoot.

E.2.2 The session must be done no later than the end of the 8th month.

E.2.3 If these conditions are not met, Marie Montibert will not be able to fulfill her obligations and the session cannot be scheduled. The deposit will not be returned to the client and no compensation will be due. Clients must pay 50% of the total amount due.

E.2.4 Articles D.1 to D.3 are applicable for the rest.

E.3 Photographs of newborns :
E.3.1 For newborn sessions, clients agree to contact Marie Montibert within the first 24 hours of the newborn’s life to arrange the photo session within the first 3 to 10 days of the baby’s life. If these conditions are not met, Marie Montibert will not be able to fulfill her obligations and the session will be cancelled. The deposit will not be returned to the client and no compensation will be due. Clients will be required to pay a total of 50% of the total amount due.

E.3.2 Clients agree to read carefully the instruction sheet sent by e-mail upon confirmation of the session and to apply its advice. Furthermore, the parents commit themselves to choose their clothes and those of their child in a careful way according to the document sent by e-mail by Marie Montibert at the time of the confirmation of the session.

E.3.2 If the baby’s behavior does not allow the photographer to take the photographs after 1:00 am, the session will be cancelled and postponed to a later date. An amount equivalent to 50% of the initial estimate will be charged in addition to the initial amount and must be paid 14 days before the new session.

E.3.3 Sections D.1 through D.3 apply in addition.

F. Delivery
After the shooting, Marie Montibert will deliver the mediums (photo or video) within 1 to 3 months after the date of the event, in the gallery made available to the client on the internet.

G. Post-processing, storage or printing media
G.1 Marie Montibert reserves the right to choose the type of post-processing. By entering into a contract with Marie Montibert, the client grants Marie Montibert full confidence in her specialty as a photographer/videographer and therefore may not request any stylistic changes (e.g. colorimetry, framing, exposure).

G.2 For assignments involving the production of a book, a digital storage medium (DVD or USB stick or other related form), the client may suggest changes to the work submitted, provided that such changes are received by Marie Montibert within 15 days of submission. Modifications must be requested in one go, by e-mail, specifying precisely the elements to be modified. The modifications will be of a simple nature (colorimetry, exposure) insofar as the retouching does not oppose the background work and the style of the chosen photographs/videographies. Marie Montibert may object in part or in whole to these alterations, without the client being able to contest them. Following these modifications, the work is considered finalized.

G.3 For orders involving the production of a book or a digital storage medium (DVD or USB stick or other related form), the client has no time limit for printing. However, if the customer exceeds the 12-month deadline after delivery of the photographs/videographs (gallery), he/she may be subject to price variations. In other words, Marie Montibert is free to pass on price increases by its suppliers from the moment the 12 month period is exceeded. In the event of changes to the material and additional or supplementary work required for the correct printing of the product, Marie Montibert is free to charge an hourly surcharge. The client will be informed in advance of the price increase by means of an additional offer in writing, which must be accepted and signed, and which is to be paid in full within 7 days of signature. The quoted changes will be made after receipt of payment.

G.4 For orders that include the production of a book or a digital storage medium (DVD or USB key or other related form), the client may suggest a series of modifications in order to personalize the prints according to his/her wishes. However, a maximum of two modifications in addition to the basic proposal may be requested at no additional cost. Beyond that, additional costs will be applied. They will be the subject of an additional written offer which must be accepted and signed and which will be paid in full within 7 days following the signature. The estimated changes will be made after receipt of payment.

G.5 If the assignment includes photographic prints, the client is responsible for communicating the list of selected photographs by e-mail within 3 months of the delivery of the gallery. If the client exceeds the 3 month deadline, additional costs may be charged by Marie Montibert, who will make an additional offer in writing, which must be accepted and signed and paid in full within 7 days of signing. The quoted changes will be made after receipt of payment.

G.6 The original files, known as native or raws or nefs, cannot be transferred to the client under any circumstances. They are the firm and final property of Marie Montibert.

H. Photobooth :
H.1 The contract for the rental of the photobooth is deemed to have been accepted when the client returns the quotation to Marie Montibert, either by post, electronically or via the software used by Marie Montibert for this purpose.

H.2 The terms of payment set out in paragraph C. above shall apply.

H.3 The photobooth is made available to the client for a specific period of time, which is agreed upon by the parties at the time of the conclusion of the contract.

H.4 Prior to any rental, the client shall complete the identification form provided by Marie Montibert at the time of conclusion of the contract. A copy of a proof of identity such as a passport, identity card or residence permit must be attached. If the customer does not comply with this condition, the photobooth will not be delivered and the conditions of remuneration in case of cancellation will be applied analogously.

H.5 The photobooth shall be handed over to the Client by Marie Montibert in the manner agreed between the parties and in a condition suitable for the agreed use. Should the client discover a defect, missing element, damage, etc. when the photobooth is handed over, the client must immediately report this to Marie Montibert. In the absence of such notification, the client will be liable for the damage. If any defects occur while the photobooth is in the possession of the customer, the customer must immediately notify Marie Montibert by e-mail, failing which the customer may be held liable for the damage.

H.6 The customer must use the photobooth with care and diligence. In the event of damage or if the photobooth is not returned or is not returned on time, the provisions of the Swiss Code of Obligations shall apply, Marie Montibert reserving all rights in this respect. The amount of damage is to be paid within 3 days after receipt of the quotation.

H.7 The client who wishes to cancel the rental of the photobooth ordered and confirmed up to 30 days prior to the scheduled date must inform Marie Montibert by registered mail with acknowledgement of receipt. The deposit for the initial reservation remains due and will not be refunded under any circumstances. In addition, if the cancellation occurs less than 3 months before the scheduled rental date, 50% of the total amount due remains due. If the cancellation is made less than 30 days before the scheduled rental date, 75% of the total amount is due. If the cancellation of the rental is made less than 7 days before the scheduled date, the full amount agreed upon between the parties is due. If the rental is postponed to a later date, subject to availability, Marie Montibert will still receive 75% of the total amount quoted for the rental of the photobooth on the date initially planned, the balance being due 14 days before the equipment is made available.

H.8 The client is not allowed to sublet the photobooth and/or its components.

I. Copyright and reproduction, distribution
I.1 The following conditions apply to all types of services agreed between the parties, whether paid, offered or in the form of collaboration.

I.2 The photographs/videographs supplied by Marie Montibert or her subcontractors are works protected by copyright in the sense of the LDA (Federal Law of October 9, 1992 on Copyright).

I.3 The client has the right to use the images within the limits of internal use within the organization or private use within the limits of the family circle, including explicitly agreed upon or reasonably acceptable uses.

I.4 Marie Montibert is entitled to charge additional fees for posters, large-scale advertising campaigns, for the international use of the images produced, as well as reproduction rights for the use of the images beyond one year from the date of the service. In such cases, the client must inform Marie Montibert in advance of the intended use of the photographs/videographs.

I.5 Specific distribution rates are applicable for large-scale public use, such as publication on the main pages of a website, printed publication in brochures/flyers/posters, advertisements and articles in newspapers, as well as for publication by means of televised audio-visual media or any similar form. In such cases, the client must inform Marie Montibert in advance of the intended use of the photographs/videographs.

I.6 The reproduction rights are calculated according to the type of use, the format of reproduction, the volume of the print run, the distribution (regional, national, international) and the duration according to the usual rules in force and the tariffs of the Swiss Association of Image Banks and Photographic Archives. Unless otherwise agreed, the reproduction rights are valid for a single publication or a given use, agreed upon by the parties in writing. Any more extensive use (republication, use on the Internet or Intranet, advertising, etc.) must be the subject of a renewed agreement, in writing, between the parties.

I.7 Each use or reproduction of photographic/videographic material by Marie Montibert, its subcontractors or employees must in all cases be accompanied by the name of the author in the form “Marie Montibert” or “mariemontibert.com” alongside the published image(s), in the impressum or in the photographic/videographic credits section. In case of non-compliance with this condition, Marie Montibert is entitled to increase the price of the ordinary service by 50% to 100% and/or to claim compensation on the basis of the tariffs of the Swiss Union of Professional Photographers.

J. Right of distribution by Marie Montibert
J.1 Marie Montibert, respectively its subcontractors or employees, is entitled to mention the work on its own website or on other media intended to reflect its work. For this purpose, scriptual and visual elements related to the mandate or the client are used, such as hyperlinks, promotional texts, photographs, videographies and logos.

J.2 Unless the client expresses an objection by registered mail, the client grants Marie Montibert the freedom to publish the photographs and videos on the communication channel of Marie Montibert’s choice. In the event of a refusal to publish, Marie Montibert may demand compensation for the loss of visibility and enhancement of the work. Clients may not object to the use of photographs/videographs where people are not recognizable, so-called “still life” photographs/videographs, etc.

J.3 The client assumes responsibility for the obligations and duties arising from the respect of the image rights of the subjects present and confirms by the conclusion of the contract that he/she has the necessary authorizations to photograph and film the said persons, works or goods. Marie Montibert cannot be held responsible for litigious or illegal uses resulting from unauthorized use of the images produced.

J.4 If the client objects to the use of the photographs/videographs produced as part of a commission for a promotional offer, contest or an express agreement between the parties that the photographs/videographs produced may be used freely for advertising purposes, the client must inform Marie Montibert by registered mail. In this case, the client will not be eligible for the promotional offer and will be charged the full price.

K. Validity and changes
K.1 If one or more provisions of these GTC are held to be invalid, invalid or unenforceable, the remaining provisions shall remain in full force. Both parties agree to replace the invalid clause with a clause that comes closest to the spirit and content of the original clause.

K.2 Marie Montibert peut modifier les présentes conditions générales à tout moment. Les modifications sont mises à disposition du·de la client·e par Marie Montibert, par l’intermédiaire d’un lien internet permettant d’y avoir accès. Le·la client·e peut accepter ou rejeter les modifications avant la date de leur entrée en vigueur. Sauf refus notifié par écrit par le·la client·e à Marie Montibert avant la date proposée pour l’entrée en vigueur des modifications, le·la client·e sera réputé avoir consenti aux modifications. Si le·la client·e rejette les modifications proposées, les conditions générales en vigueur lors de la conclusion du contrat demeureront applicables jusqu’à la fin de la relation contractuelle entre les parties.

L. For et droit applicable
Toutes les relations juridiques entre le·la client·e et Marie Montibert sont soumises au droit suisse, y compris lors d’une utilisation à l’étranger. Le lieu d’exécution et le for exclusif est à Bulle, dans le canton de Fribourg, en Suisse.

01.01.2023