GTS
General Terms of Sales



The present General Terms of Sales are integrally part of the courses’ offer – workshops, specific training sessions or master classes – that appear on the site www.centrephoto-gaillac.com. Registering for a training session automatically implies having read and acknowledged the present GTS and accepting them with no reserve. The service provider withholds the right to alter these GTS at any time, it being understood that they hold no retroactive effect.

The present GTS define, in particular, the conditions of access to the classes led by the photographer, Dominique Laugé, at the Centre pour la Photographie du Château de l’Hom in Gaillac.
Address : 16 Grande rue du Château de l’Hom, 81600 Gaillac
Code NAF/APE : Activités photographiques (7420Z)
Siret : 43258537000021
Telephone : 05 63 58 19 08 – 06 47 32 65 22 - 06 64 97 22 28
Email : contact@centrephoto-gaillac.com

CONTRACT


For a trainee intending to follow a specific class on an individual basis, to his personal expenses, the agreement is based on the sole signing of the attached contract. The service provider sends off a copy of the contract which is due to be signed and sent back, accompanied with a 30% deposit of the total session’s cost. A second payment of 30% is due on the first day of the session. The remaining balance is due at the end of the session.

The trainee is informed that a 10-day withdrawal period is inherent to the contract, or a 14-day one if the contract is agreed on from afar or off-premises, as from the date of the signing of the contract. If relevant and required, the trainee informs the service provider via a registered letter with acknowledgement of receipt, who shall claim no further fee to the person who has applied his withdrawal rights within the aforementioned span of time.

In the case of the training class being paid for (totally or partially) by an exterior third party (such as the French office AFDAS), it is understood that the providing of the related forms to be filled in remains the sole responsibility of the trainee. The service provider commits to fill the forms in, and return them in the shortest delay possible. In this case, no deposit shall be required. The definite registration of the trainee shall only be approved upon acknowledging a positive financing response from the financing organism, and only according to availability.

If the bearing of the costs by the financing organism is only partial, the trainee must pay half of his share on the first day of the training session, the balance being due on the last day. In the case of the financing organism not paying, the service provider is entitled to claim the total owed fees to the trainee, who is a joined debtor to the financing office towards him. In both cases, a finalised bill shall be sent off by the latter to the former in the best delays.

MODIFICATIONS & CANCELLATIONS


Because of the Contractor :

The service provider withholds the right to postpone or cancel a training session if reasons beyond his control force him to do so. Such is the case if the minimum number of participants is not reached within a fortnight prior to the session. The participants shall be warned as soon as possible with a further date being proposed. In any case, the service provider shall offer the reimbursement of any paid fees.

In case the service provider should decide to end the training session prior to the set date, only the hours actually carried out and taught shall be billed, according to the “prorata temporis” rules and regulations.

Because of the client and/or participant :

Any cancellation demand must be done by email to the address mentioned in the contract, asking for an acknowledgement of receipt.

If the trainee is unable to follow the contracted course due to a case of duly recognised force majeure, the professional training contract is cancelled. In this case, only the actual carried out training hours shall be billed “prorata temporis” according to their value set in the contract. Any absence for medical reasons must be justified by an doctor’s certificate, within two days after the ending date of the session.

For any other reason than force majeure duly recognised, the reimbursement shall be carried out minus the following cancellation fees :

  • Up until 15 days prior to the session, a 50€ forfeit shall be kept by the service provider as cancellation administrative treatment fee.
  • Then, and up until a week before the starting date, 30% of the total session price is held back by the service provider.
  • Beyond a week and up until the session starting date, the trainee shall be held debtor for 80% of the total price of the training session.
  • As from the very first day of the training session, the Trainee becomes debtor of the total price of the session fees.

In the case the trainee should not attend the training session he has duly booked in for, or if his participation is shortened or interrupted, of his fact or for any other reason, other than force majeure duly recognised, the total price is owed, and he shall claim no reimbursement, compensation or exchange from the service provider.

The replacing of trainees is admitted at all times, with no extra fees added, simply by written warning with the name and contacts of the swapped and swapping trainee, subject of course to the new trainee matching the training session entrance requirements.

PAYMENT OF THE SESSION FEES


The tariffs, VAT included, and the accepted payment procedures of the fees – cheque or transfer – appear on the site www.centrephoto-gaillac.com and on the contract sent to the trainee.

A late penalty shall be applied, at the legal in force interest rate, for any sum left unpaid at the due date, without any further formal notice.

TRAINEE’S OBLIGATIONS


The trainee commits to respect the attendees, also the environment, and the goods and materials at his/her disposal, as well as follow the recommendations and the security instructions given by the professional trainer. The service provider withholds the right to exclude any trainee, should he/she not abide by these rules.

The trainee binds himself/herself to attend the session for which he/ she has subscribed for with constancy and regularity and to sign the presence sheet displayed at his/her disposal.

The trainee or service provider commits to subscribe to a civil responsibility insurance policy covering all and any corporal damages that could occur, material or immaterial related, direct and indirect, susceptible to be caused by his/her doings, or by his/her correlated attendants’, to the prejudice of the service provider or to the attending people.

The trainee commits to not introduce non-afferent data to the training session in the IT systems, also not to delete, modify, or adjoin an access code (password or key) different from what has been initially set up.

The trainee commits to respect the Internal rules & regulation procedures attached to the contract and training program.

SERVICE PROVIDER’S OBLIGATIONS


The service provider sets up all means in his powers in order to supply a service conform to the contract and to the present GST. His obligations are stated in the contract that is sent to the trainee.

At the end of the training session, a form certifying his or her good attending of the session shall be delivered to the trainee. In any event, the delivering of such a certificate is conditioned by the total payment of the training session due fees.

MATERIAL


The trainee remains completely responsible for the material that is entrusted to him/her, as well as any personal belongings that he/she should bring with him/her on the premises of the training session. The same applies for the saving of his/her IT data, and by consequence, the service provider cannot at any time be held responsible for their loss or deterioration.

The participant is responsible of any damage or loss of material put at his disposal. The service provider can trigger the claim for reimbursement of the sums he has to engage to mend or replace the material lent to the trainee. The latter commits to reimburse the service provider the costs of the lost or damaged material at its estimated value at the time of the loan.

EDUCATIONAL MEANS AND TECHNIQUES


Educational tools are displayed at the trainees’ disposal solely for the training session span of time, which excludes personal usage.

The training medium that is handed over to the trainees under a printed and/or numeric format remain the property of the service provider. The trainee is therefore forbidden to reproduce directly or indirectly, all or parts, to adapt, to translate, and to display to third parties the medium at his disposal during the training session.

RIGHT OF IMAGE


It is planned that the participants could be photographed or filmed during the training sessions, in order to illustrate the activities of the service provider in the medium that he uses to promote his activities. Any person present who would happen to refuse such use of his image is asked to signify it to the service provider by checking the box that is dedicated specifically for this purpose in the contract.

For lack of indicating, any trainee having signed the contract commits tacitly to cede the rights of exploitation of his/her image within the promoting frame of communication of the service provider without any financial retribution or counterpart being allowed to be claimed for.

APPLICABLE RIGHT


The present General Terms of Sales are regimented by the Laws of the French State.

It is agreed that before any referral to any tribunal, the parties endeavour to find an amenable solution to the issues and difficulties that could occur in the interpretation or execution of the contract.

Failing to come to conciliation, the parties shall submit the litigious issue to the tribunal of common rights located near the service provider’s head office.

GTS updated : 6th of June 2019