Conditions des missions photo et vidéo

Preamble

Finish Line Media, a French simplified joint-stock company (société par actions simplifiée) with a share capital of 1,000 euros, registered with the Lyon Trade and Companies Register under number 998 982 763, whose registered office is located at 20 rue Lortet, 69007 Lyon, France ("FLM"), entrusts independent photographers and videographers with capturing photos and videos at sporting events, on behalf of its clients or for its own media.

These terms (the "Terms") govern all assignments entrusted by FLM to a photographer or videographer (the "Provider"). The Provider accepts them once and for all by electronically signing a membership form. Each assignment is then subject to an assignment order.

Article 1. Definitions

• Assignment Order: the document specifying, for each assignment, the event, the type of assignment, the schedule and positions, the deliverables, the delivery deadline and the fee. It is accepted by the Provider by signature or by e-mail.
• Client: the event organiser or brand on whose behalf FLM carries out the assignment, where applicable.
• Content: all photographs, video footage, rushes, sound recordings and edits produced by the Provider during an assignment.
• Event: the sporting event specified in the Assignment Order.
• Participants: the persons registered for the Event and wearing a race bib.
• Platform: the Finishers Memories platform, published by Finishers SAS, FLM's parent company.

Article 2. Types of assignments

The Assignment Order specifies the type of each assignment:

• Participant coverage: photographing Participants during the Event, so that their photos can be offered to them on the Platform by the organising Client;
• Content production: producing photos or videos for a Client, organiser or brand, in particular best-of or after-movie films, teasers, short formats, interviews, live coverage or content featuring athletes;
• Editorial coverage: producing photos or videos for FLM's media (marathons.com, mytrails.com, triathlons.com, stadion.com, 220bpm.com), which may also be offered to press agencies and media.

A single assignment may combine several types. The Assignment Order specifies whether it covers capture only or editing as well.

Article 3. Operation

The Terms apply to all assignments accepted by the Provider. In the event of any inconsistency, the Assignment Order prevails. They do not oblige FLM to entrust a minimum volume of assignments, nor the Provider to accept the assignments offered, and they entail no exclusivity, subject to articles 8 and 15.

The Terms are published on legal.finishers.com. A new version applies to assignments accepted after it comes into force. FLM informs the Provider by e-mail. If the Provider refuses it, they may terminate their membership under the conditions of article 16.

Article 4. Independence of the Provider

The Provider works with full independence, as a registered professional. They are not bound by any relationship of subordination to FLM or the Client. They organise their work freely, use their own equipment, for which they are solely responsible, and make their own artistic and technical choices, in compliance with the instructions in article 5 and the assignment brief.

They receive instructions relating to the assignment only from the contact person appointed by FLM. They only receive directly from the Client the safety and logistics instructions specific to the Event, and accept no other task from the Client.

The Provider declares that they are duly registered and up to date with their social security and tax obligations. When the cumulative amount of their assignments reaches 5,000 euros excluding tax, they provide FLM, and then every six months for as long as assignments continue, with the documents provided for in article D8222-5 of the French Labour Code, in particular the certificate of compliance (attestation de vigilance) issued by URSSAF.

Article 5. Performance of assignments

The Provider complies with the schedule and positions set out in the Assignment Order, the site plan, the safety instructions and rules of conduct communicated at the briefing, and the Event's accreditation conditions.

For participant coverage, they also use their best efforts to ensure that the bib of each Participant photographed is legible, and not to frame spectators, volunteers and persons other than Participants in an identifiable manner. They do not upload photographs in which a Participant wearing a distinctive bib indicating their refusal of facial recognition appears in an identifiable manner, where such a system is used.

Authorisations of persons filmed or photographed. The Provider is responsible for obtaining all authorisations necessary for the use of the image, voice and statements of the persons they film or photograph individually or identifiably, in particular during interviews, portraits or shots of athletes, spectators or volunteers, and, for minors, the consent of their legal guardians. They use the form provided by FLM or a form covering at least the uses provided for in article 8, and hand the authorisations over to FLM with the Content. Only the use of the image of Participants photographed as part of participant coverage falls under the information provided by the organiser in the Event rules.

Drones. The Provider only uses a drone with FLM's written agreement, which relates solely to the commercial appropriateness of the shot. They are solely responsible for compliance with the applicable regulations: remote pilot qualification, registration of the aircraft, prior declarations and authorisations from the authorities, compliance with flight zones and altitudes, consent of the owners of the land flown over and of the Event organiser, and civil liability insurance specifically covering drone use. They are solely responsible for the consequences of any flight.

If unable to attend, the Provider informs FLM without delay and, if possible, proposes a replacement, who may only work after FLM's written agreement and membership of the Terms. Unjustified absence not due to force majeure deprives the Provider of any fee for the assignment. FLM may then claim from them the costs incurred for their replacement, up to the fee set out in the Assignment Order.

Article 6. Deliverables

The Provider delivers the Content in high resolution, in accordance with the specifications provided by FLM, within the deadline and minimum volume set out in the Assignment Order. They carry out a first selection before delivery.

For participant coverage, photographs are uploaded exclusively to the Platform. For other assignments, the Content is delivered via the channel indicated by FLM. Any other transmission, in particular by messaging, social media or personal storage service, is prohibited.

Real-time or same-day deliveries are made to the extent permitted by the network available on site.

Article 7. Video content

Rushes. Unless otherwise stated in the Assignment Order, the Provider delivers, in addition to the edits ordered, all usable rushes from the assignment.

Editing. Where the assignment includes editing, the Provider carries it out according to the brief and incorporates FLM's correction requests, up to two rounds unless otherwise stated in the Assignment Order. FLM decides on the final version. FLM and the Client may then edit, cut, adapt, subtitle and adapt the Content into different formats.

Music and third-party elements. The Provider only includes in edits music, sounds, images or fonts for which they hold a licence covering all the uses provided for in the Assignment Order, or which are provided by FLM. They give FLM proof of these licences with the delivery. They do not use any work managed by a collective management organisation, such as Sacem, without FLM's prior written agreement.

Article 8. Assignment of copyright

Scope. In accordance with articles L131-1 et seq. of the French Intellectual Property Code, the Provider assigns to FLM, on an exclusive basis, all economic copyright in the Content, worldwide and for the entire legal term of copyright protection, and in particular:

• the right of reproduction: reproducing the Content on any medium, paper, digital or other, known or unknown to date, in any format and any number of copies;
• the right of representation: communicating the Content to the public by any means, in particular on the internet, on social media, on television, in cinemas, in the press, in newsletters, at events and on the Platform;
• the right of adaptation: cropping, retouching, editing, cutting, subtitling, translating and adapting the Content, incorporating it into other works, and adding any graphic element to it, in particular a watermark, logo, banner or notice;
• the right of commercial exploitation: selling, licensing or making available the Content, free of charge or for consideration, to any third party and for any use, in particular editorial, institutional, promotional, commercial and advertising use, including in association with brands, products or services.

Assignment per assignment. Each accepted Assignment Order entails the assignment of the rights in the Content of that assignment, on the terms of this article, so that the assignment always relates to specific works.

Time of transfer. The assignment takes effect upon delivery of each item of Content. It only covers the Content delivered. Content not delivered is neither assigned nor used, and is deleted under the conditions of article 12.

Transfers and sub-licences. The Provider expressly authorises FLM, without any further formality or remuneration and whatever the type of assignment, to assign or license all or part of the rights acquired, free of charge or for consideration, on an exclusive or non-exclusive basis, on one or more occasions, to any third party of its choice, in particular Finishers SAS and any company of its group, Clients and their partners and sponsors, Participants, press agencies, media, brands and platforms, and to authorise these third parties to license them in turn.

Use by FLM. FLM may freely use the Content for its own needs, in particular on its media, those of Finishers SAS and to present its commercial references, including after having assigned the rights to a Client.

Exclusivity. The Provider refrains from any use of the Content, including in their portfolio, showreel, website or social media, without FLM's prior written authorisation. Such authorisation never covers Content showing a Participant in an identifiable manner.

Article 9. Moral rights

The Provider retains their moral rights in the Content. Given the nature of the use, they accept that their name does not appear on the Content itself, nor on media whose format or use does not lend itself to it, in particular social media posts and photographs given to Participants. Their name is mentioned where the medium and use reasonably allow, in particular for editorial uses, the press and film credits. The adaptations provided for in articles 7 and 8, in particular cuts, edits, format adaptations and the addition of a watermark or logo, do not constitute an infringement of the integrity of their work.

Article 10. Fee

For each assignment, the Provider receives the flat fee set out in the Assignment Order. It remunerates the capture service and, where applicable, the editing service, as well as the assignment of rights provided for in article 8. The Assignment Order specifies the share corresponding to the assignment of rights.

The parties agree on a flat-rate remuneration for the assignment, in accordance with article L131-4 of the French Intellectual Property Code. Each item of Content represents only a non-essential part of coverage carried out by several contributors. Its sale price, if any, is set by third parties to this contract, and the Provider has no means of monitoring the application of a proportional share.

Unless otherwise stated in the Assignment Order, the fee includes all the Provider's costs, in particular travel, accommodation and equipment. It is paid within thirty days of receipt of a valid invoice, issued after full delivery of the Content. It is increased by VAT where applicable and, where applicable, reduced by the contributions that FLM is required to withhold under the artists-authors social security scheme, unless the Provider provides proof of exemption.

Article 11. Cancellation of an assignment

If FLM cancels an assignment more than 7 days before the Event, no compensation is due. Between 7 days and 48 hours before the Event, FLM pays the Provider 25% of the planned fee. Less than 48 hours before, or on site, it pays 50% of that fee, as well as non-refundable travel and accommodation costs already incurred, on presentation of receipts.

If the Event is cancelled, interrupted or changed due to force majeure, in particular bad weather, an administrative decision or a health event, the assignment ends without compensation on either side. Content already delivered is paid pro rata.

Article 12. Personal data

The capture, storage and delivery of the Content constitute processing of the personal data of the persons filmed or photographed. The Provider acts as processor on behalf of FLM, itself acting where applicable on behalf of the Client or Finishers SAS. The Provider undertakes to:

• process the Content solely for the performance of the assignment and in accordance with FLM's documented instructions;
• ensure its confidentiality and protect their storage media (memory cards, computers, disks) with a password or encryption, without using any online storage service not authorised by FLM;
• delete all Content from all their media, including memory cards and backups, within one month of delivery, and certify this in writing at FLM's request;
• immediately delete the Content concerned when FLM informs them of a request from a person filmed or photographed;
• never use, assign or make available the Content to train, improve or evaluate an artificial intelligence system;
• notify FLM of any loss, theft or unauthorised access to their media within 24 hours of discovery;
• assist FLM in respecting the rights of the persons concerned and submit to any reasonable verification of compliance with this article.

Article 13. Warranties and insurance

The Provider warrants that they are the author of the Content and have not granted any right likely to prevent the assignment provided for in article 8. They indemnify FLM against any claim, action or judgment based on a breach of their obligations, in particular under articles 5, 7, 8 and 12, including for any music or third-party element included without a sufficient licence, and bear all resulting sums, including legal fees.

FLM indemnifies the Provider against any claim by a Participant photographed during participant coverage relating to the use of their image, provided that the Provider has complied with the Terms. For all other persons, the warranty relating to authorisations lies with the Provider, in accordance with article 5.

The Provider declares that they hold professional civil liability insurance and insurance covering their equipment, and provides proof thereof on FLM's request.

Article 14. Confidentiality

Assignment Orders and any information disclosed to the Provider in the course of assignments, in particular regarding Clients, Participants, prices and the operation of the Platform, are confidential. The Provider may not disclose them without FLM's prior written agreement, for the duration of their membership and two years after it ends.

Article 15. Non-solicitation

For the duration of their membership and twelve months after it ends, the Provider refrains from directly offering their services to Clients for which they have carried out an assignment through FLM during the previous twelve months, for the same Events, without FLM's prior written agreement. This prohibition does not apply where the Client has ended all relations with FLM for the Event concerned.

Article 16. Term and termination

Membership of the Terms is entered into for a period of one year from the signature of the membership form. It is then tacitly renewed for successive periods of one year, unless terminated by either party in writing at least one month before its expiry date.

Either party may end it at any time, without reason, with one month's notice, without affecting assignments already accepted. In the event of a serious breach, in particular of articles 5, 7, 8 or 12, FLM may terminate the membership and any ongoing assignment, automatically, after formal notice that remains unheeded for eight days, or without notice if the breach cannot be remedied.

Articles 7, 8, 9, 12, 13, 14 and 15 survive the end of the membership, whatever the cause.

Article 17. Governing law and disputes

The Terms are governed by French law. The parties first seek an amicable solution. Failing agreement within thirty days, the dispute is brought before the competent courts. Where both parties are traders (commerçants), the Lyon Economic Activities Court (Tribunal des activités économiques de Lyon) has exclusive jurisdiction. In the event of any discrepancy, the French version of the Terms prevails.