Badmintonphoto
Limited Liability Company with a share capital of €8,000
SIRET: 453 360 281 00027
EU VAT number: FR11453360281
Head office: 10 bis rue Favier, 94360 Bry-sur-Marne, France
Manager: Raphaël Sachetat
Contact: raphael.sachetat@badmintonphoto.com – +33 (0)6 60 68 25 04

1. Purpose

These General Terms and Conditions of Sale (GTCS) define the rights and obligations of Badmintonphoto and its clients in the context of the sale of photographic services: sports reports, shootings, photo prints, as well as the granting of image usage licenses.

2. Orders

Any order (report, image pack, usage license, photo print) must be confirmed in writing (signed quotation, purchase order, or email confirmation). No service will be performed without express acceptance of these GTCS.

3. Prices and Payment

– Prices are expressed in euros or US dollars, excluding and including taxes in accordance with current regulations.
– The applicable prices are those in effect on the day of the order.
– Payment may be made by bank transfer, credit card, check or via PayPal. The necessary details are provided upon invoicing depending on the currency and the appropriate bank.
– Invoices must be paid within 30 days from the invoice date (unless otherwise agreed in writing). In case of late payment, a penalty interest of 15% per year will automatically be applied, together with a fixed compensation of €40 for recovery costs (Article L441-10 of the French Commercial Code).

4. Copyright and Usage Licenses

– Photographs produced by Badmintonphoto are original works protected by the French Intellectual Property Code.
– The client acquires a contractually defined right of use (web, press, social networks, internal communication, advertising, etc.), limited in duration and territory unless expressly stated otherwise.
– Any use not provided for in the initial license (e.g. resale, advertising display, international distribution, book cover) must be subject to written authorization and additional invoicing.
– Images may not be altered, cropped, resold, or transferred to third parties without Badmintonphoto’s express written consent.

5. Delivery of Images

– Files are delivered exclusively in digital format, in the formats defined at the time of the order (JPEG HD, TIFF, etc.).
– Delivery is mainly made via the badmintonwire.net platform but may also be carried out by email or through third-party services suitable for sending large files (e.g. WeTransfer, FTP, secure private gallery).
– The standard delivery time is 48 hours after the event, unless otherwise agreed.

6. Right of Withdrawal (consumers)

In accordance with Article L221-28 of the French Consumer Code, the right of withdrawal does not apply to customized services or those already executed. Orders for reports or customized prints are therefore not cancellable once validated.

7. Cancellation / Postponement

– In case of cancellation by the client less than 7 days before the service, compensation will be limited to the actual expenses incurred (travel, reservations, specific purchases, etc.) as well as the time already devoted to preparing the file (organization, scouting, communications). These expenses may be justified by Badmintonphoto.
– In the event of force majeure (illness, accident, administrative restrictions, exceptional conditions), Badmintonphoto may postpone or cancel a service without compensation but with reimbursement of sums already paid.

8. Liability

– Badmintonphoto undertakes to use all necessary means to carry out the service.
– However, the company cannot be held liable in the event of unforeseen circumstances preventing certain shots from being taken (restricted access, weather conditions, technical incidents beyond its control, etc.).
– Badmintonphoto sells licenses to use images. It is the client’s sole responsibility to ensure that they hold the necessary authorizations for the use of the image of persons or third parties represented. Consequently, Badmintonphoto declines all liability in the event of a dispute related to image rights arising from the use or publication of the photographs by the client.

9. Archiving and File Retention

– Photographs are archived for a minimum period of 12 months after delivery.
– Beyond this period, Badmintonphoto is not required to retain the files. Any later retrieval may be subject to a specific charge.

10. Personal Data

The information collected (name, address, email, telephone) is used solely for processing orders and managing business relations. It is never shared with third parties without prior consent.

11. Unauthorized Use of Images

Any reproduction, representation, distribution, modification, or exploitation of an image without the prior written authorization of the photographer or the agency constitutes a violation of copyright under Articles L.122-4, L.335-2 and following of the French Intellectual Property Code.

12. Invoicing in the Event of Unauthorized Use

In the event of unauthorized use of an image, the user will be invoiced as follows:

  1. The licensing fee corresponding to the actual use, based on the current rate schedule;
  2. An additional penalty ranging from 50% to 400% to compensate for the damage suffered (lack of authorization, missing photo credit, unauthorized cropping, undeclared commercial use, repeated infringement, multi-platform distribution, excessive duration, etc.).

This contractual penalty applies automatically, without prejudice to any additional damages that may be claimed.

13. Additional Compensation

The agency reserves the right to initiate legal action for copyright infringement and to seek additional damages pursuant to Article L.331-1-3 of the French Intellectual Property Code, including but not limited to:

  • moral prejudice,
  • commercial prejudice,
  • harm to the value of the image,
  • legal and procedural costs.

14. Repeat Infringement

In the event of proven repeat infringement, the agency may:

  • automatically apply the maximum penalty rate (400%);
  • require the immediate removal of all infringing content;
  • initiate legal proceedings without further formal notice.

15. Applicable Law and Disputes

These GTCS are governed by French law. In case of dispute, and in the absence of an amicable solution, jurisdiction is expressly assigned to the Commercial Court of Créteil.