BFO Photographie · Nouméa, New Caledonia
Terms and conditions of sale
These terms and conditions of sale (the “Terms”) apply to all photography services and products offered by BFO Photographie, Benjamin Forte, photographer in Nouméa (New Caledonia), hereinafter “the photographer”, to any individual or company booking them, hereinafter “the client”.
Any booking implies full acceptance of these Terms, unless specific conditions have been agreed in writing. The Terms that apply are those in force on the booking date. Together with the accepted proposal or quote and the signed contract, they form a single contractual whole; in case of conflict, the contract and the quote prevail.
The website www.bfo.nc and its applications (booking, online payment, electronic signature, client area, photo galleries) are built, published and maintained by BFO Partners (RIDET 1 659 077.001, Nouméa); services and products are still offered, sold and delivered by the photographer.
Article 1 — Purpose
The photographer provides photo sessions and coverage (portrait, maternity and family, underwater photography, wedding, corporate and events) and related products (prints, albums, options), as presented on www.bfo.nc.
Descriptions on the website, brochures and posts are for information only. The exact content of the service (package, duration, minimum number of photos, location, date, options) is the one set out in the accepted proposal or quote.
“Business offers” subscriptions (website, professional photos and social media, billed monthly) are governed by their subscription contract, signed online before the first payment. The websites and applications included in these subscriptions are built, published and maintained by BFO Partners.
Article 2 — Request, quote and booking
Requests are made through the website (booking module), by email or by phone. The photographer confirms availability, usually within 24 hours, and sends a proposal or a quote. Unless stated otherwise, a quote is valid for 30 days.
The booking becomes final once the client has accepted the proposal or quote, signed the contract (online or on paper) and paid the deposit. If the deposit is not paid within 10 days of acceptance, the photographer is no longer bound to hold the date.
Article 3 — Prices, travel costs and options
Prices are stated in Pacific francs (XPF), including taxes where applicable. The applicable price is the one displayed or stated in the quote on the booking date; it no longer changes once the booking is confirmed.
Travel within Greater Nouméa (Nouméa, Dumbéa, Mont-Dore, Païta) is included. Outside this area, travel costs are added depending on the zone: 15,000 XPF in the South Province (25,000 XPF for a wedding); these amounts are doubled in the North Province; for the islands (Loyalty Islands, Isle of Pines), the photographer’s return flight (60,000 XPF) and car rental on site (20,000 XPF).
When the service requires the photographer to stay overnight (a full wedding day outside Greater Nouméa, an islet, the islands) and no room is provided, an accommodation fee is added: 25,000 XPF, or 50,000 XPF in the North Province. These costs always appear in the summary or the quote before booking.
Options (extra photos, prints, albums, express delivery, commercial usage rights, etc.) are charged according to the displayed prices or the quote.
Transport option: for courses and underwater sessions, the client may ask, when booking, to be picked up at home and driven back afterwards. This supplement is 10,000 XPF for a session or a one-day course, 15,000 XPF for a two-day course and 25,000 XPF for a four-day course; it is added to the booking price.
Article 4 — Payment
A deposit of 30% of the price, or the percentage stated in the quote, is required to secure the date. It is paid online by bank card or PayPal account through a secure link, or by bank transfer. Online payments are charged in euros at the fixed rate of €1 = 119.33174 XPF, with no extra fees for the client.
The balance is due no later than the day of the service, unless a different due date is stated in the quote. It can be paid online, by bank transfer, in cash or by card.
An invoice is issued for each payment. Full delivery of the photos takes place once payment has been received in full.
Article 5 — Changes, rescheduling and cancellation
Changes requested by the client: any change (date, location, content) must be requested no later than 7 days before the service. It is accepted subject to the photographer’s availability and may lead to a price adjustment.
Weather: an outdoor session compromised by the weather is rescheduled free of charge to a date agreed together, and the deposit is carried over. A wedding or an event on a fixed date goes ahead: the photographer adapts the shoot, without refund.
Cancellation by the client: more than 7 days before the service, the deposit is refunded in full. Within 7 days, the deposit is retained by the photographer, except in a proven case of force majeure, in which case it is carried over to a new date or refunded.
Right of withdrawal: where the applicable regulations grant the client a right of withdrawal for a distance contract, the client may exercise it within the legal period by simple email. If the service takes place before the end of that period at the client’s express request, the client waives this right to the extent permitted by law.
If the photographer is prevented: in the event of force majeure or illness, the photographer offers a new date or, for a wedding, does their best to find, with the client’s agreement, a professional replacement photographer. If no solution is accepted, all amounts paid are refunded, without further compensation.
Article 5A — Gift vouchers
Vouchers offered. Sessions and courses bookable online can be given as a gift voucher: a package voucher (one specific service) or an amount voucher (10,000 to 500,000 XPF, in steps of 5,000 XPF). The voucher is paid in full when ordered, by card (PayPal, charged in euros at the fixed rate of €1 = 119.33 XPF) or by bank transfer. It is issued once payment is received and carries a unique code.
Validity. The voucher is valid for 12 months from issue. The booking must be requested before that date; the service itself may take place later. It can be extended once by 6 months, free of charge, on request. A package voucher covers the chosen service for its whole validity, even if the price goes up.
Use. The voucher is used by entering its code when booking. The booking conditions of these terms apply: lead times, rescheduling for weather, medical questionnaire for underwater courses. Its value is deducted from the price; any remaining amount is paid under article 4. Any unused balance stays available on the code until the end of its validity. If the booking is declined or cancelled without the service taking place, the voucher becomes available again.
Transfer, refund and delivery. The voucher is transferable. It is neither refundable nor exchangeable for cash, except within 14 days of purchase if unused, when it is refunded in full on request. A lost voucher is resent on request. The printed card (1,500 XPF option) is hand-delivered in Nouméa, Dumbéa, Le Mont-Dore or Païta.
Article 6 — The session
The photographer undertakes to apply all their skill (best-efforts obligation). Framing, image selection and editing are a matter of artistic freedom; photos cannot be rejected on the sole ground of personal taste.
The client makes sure to be on time. Any delay shortens the session accordingly; after 30 minutes without news, the photographer may shorten or reschedule the session.
On full days (five moments or more for a wedding, a full day for an event or corporate coverage), an assistant (logistics, additional shots, filming of video clips) accompanies the photographer at no extra cost.
Underwater sessions: no swimming level is required. The client reports in advance any health issue that may be relevant and follows the safety instructions; the photographer may stop the session at any time for safety reasons.
Children remain under their parents’ responsibility. The client is liable for any damage to equipment caused by themselves or their guests. Amateur photographers present must not hinder the photographer’s work.
Article 6A — Underwater courses: diving, medical questionnaire and release
Entry requirements. Courses that include scuba dives (“First underwater images”, “The blue course”) are open only to autonomous divers qualified to 20 m (PA20: FFESSM Level 2, PADI Advanced Open Water or equivalent) with at least 50 logged dives. On the day, the client shows their diving card, proof of their 50 dives (logbook or dive-computer history) and a valid medical certificate, and brings their own fins, mask and wetsuit (preferably a BCD). Dives do not exceed 10 m in depth or 50 minutes. These courses must be booked at least 10 days in advance.
Medical questionnaire and release. Before signing the contract, the client completes and signs online the diver medical questionnaire (“Diver Medical | Participant Questionnaire”, Diver Medical Screening Committee, 2026 version) and BFO Photographie’s acknowledgement of risks and liability release. This signed document is issued as a PDF and appended to the contract, of which it forms an integral part; the contract cannot be signed without it. The client answers accurately and remains responsible for the consequences of any inaccurate answer or omission.
Medical evaluation. If any answer requires it, the client provides, before the course, a physician’s evaluation confirming fitness to dive. Without this evaluation, if a change in health is not reported, or if the required documents are not shown, the client cannot dive; they inform the photographer as early as possible so that rescheduling can be considered under Article 5.
Safety and weather. The client follows the briefing instructions, dives with a buddy and does not dive after consuming alcohol, drugs or contraindicated medication. The photographer may postpone, shorten or cancel a dive, or refuse a client’s participation, for reasons of safety, weather (rain, strong wind) or fitness; a session cancelled because of the weather is rescheduled. The client remains responsible for their camera, housing and diving equipment.
Risks and insurance. Diving carries inherent risks that exist even when all rules are followed; the client accepts them by signing the release appended to the contract. Individual dive insurance covering in particular search, evacuation and hyperbaric treatment costs is strongly recommended. The release does not cover any fault of the photographer, and the limitation of liability in Article 11 does not apply to personal injury.
Article 7 — Editing and delivery
Every photo delivered is selected, developed and edited by the photographer, keeping people natural. Raw files (RAW) and discarded images are not provided.
Timing: for a wedding, a selection is delivered within 72 hours and the full gallery within 15 days at most; for other services, delivery takes place within 15 days at most, or 48 hours with the express delivery option. A reasonable delay cannot justify cancelling the order or any compensation.
Photos are delivered in a private online gallery, with download of high-definition JPEG files and versions optimised for social media.
Article 8 — Keeping the photos
The private gallery remains accessible with no time limit, for as long as the gallery service is operated. The client is invited to download the photos and keep several copies; the photographer cannot be held liable for the loss of files once delivered.
Article 9 — Intellectual property and use
The photos are works protected by intellectual property law; the photographer remains their author and the owner of the rights.
The client receives a personal, non-commercial right of use: printing, sharing on social media, gifts, crediting “© BFO Photographie” where possible. Photos must not be altered in a way that distorts the work (heavy filters, cropping or retouching).
Any commercial or advertising use (company website or communication, press, advertising, sale) requires a written licence. For companies, the scope of the licence (media, duration, territory) is set out in the quote.
Article 10 — Image rights and the photographer’s communication
When signing the contract, the client states whether they authorise the photographer to use a selection of photos for their communication (website, social media, portfolio, competitions). This choice has no effect on the price and is respected; it can be changed at any time by email for the future.
The client ensures that the people they have photographed (guests, relatives) agree. Photos of children are never published without their parents’ express consent.
Article 11 — Liability
If a technical problem or an accident prevents the photographer from delivering all or part of the photos, the amounts corresponding to the part not delivered are refunded. If the photos are lost or destroyed before delivery (theft, fire…), the client is entitled to a refund of the amounts paid.
In all cases, the photographer’s liability is limited to the amount of the service concerned.
Article 12 — Personal data
The information provided by the client (name, contact details, details of the service) is used only to manage the booking, invoicing and follow-up of the service. It is neither sold nor transferred; only the necessary technical providers have access to it: BFO Partners, which builds and maintains the website and its applications, website hosting, email and PayPal online payment.
It is kept for the duration of the relationship, then for the legal retention period for accounting records. The client may at any time request access to, correction or deletion of their data by writing to bfo@bfo.nc.
Underwater courses: answers to the medical questionnaire are health data. They are collected with the client’s explicit consent, used only to check that the client can dive safely, accessible only to the photographer (and, in an emergency, to rescue services), and kept with the contract to which they are appended. Courses: allergies, intolerances and food preferences given when booking are used only to prepare the included meals and are shared only with the people who prepare them.
Article 13 — Electronic signature and evidence
The contract can be signed online: the client reviews the contract, accepts these Terms and draws their handwritten signature on screen. The photographer records the date and time of signature, the IP address and a digital fingerprint (SHA-256) of the signed document.
The parties agree that this signature and these records have the same evidential value as a signature on paper. The client receives the signed contract as a PDF by email and can find it on their booking page.
The medical questionnaire and release for underwater courses are signed in the same way; the client receives the PDF by email.
Article 14 — Governing law and disputes
These Terms are governed by the law applicable in New Caledonia. In case of difficulty, the parties first seek an amicable solution; failing that, the dispute is brought before the competent courts of Nouméa, subject to the mandatory rules protecting consumers.
These Terms are available in French, English, Japanese and Chinese. In case of discrepancy, the French version prevails.