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1 Scope

  1. These terms and conditions apply to all orders placed with the contractor for the creation of photographs and other audio-visual works, regardless of the form and for which medium. They also apply to additional agreements and future similar contracts without further notice.

  2. These GTC apply exclusively. Conflicting or supplementary terms and conditions of the customer do not become part of the contract even if the contractor does not expressly object to them.

  3. Deviating conditions of the client do not apply unless the contractor expressly agrees to their validity.

  4. Individual agreements between the client and the contractor take precedence over these GTC.

2. Subject of the contract

  1. The contractor creates the agreed work for the client as part of a project against payment of a fee.

  2. Projects can include the development of concepts, production and post-production or organizational tasks. The scope of services results from the respective offer.

  3. In addition to one-off projects, the subject of the contract can also be the continuous creation of works, in particular for the client's social media channels.

3. Offer; conclusion of contract; Duration

  1. The contractor submits a legally binding offer in text form, which the client can accept within the period specified in the offer. If no acceptance period is specified in the offer, this is 14 working days.

  2. Acceptance can be in any form, eg verbally, by digital signature, confirmation of an offer acceptance button, transmission of the signed offer as a scanned document or by a confirmation of the offer by e-mail. In the case of verbal acceptance, the contractor can request subsequent confirmation by e-mail.

  3. If the customer does not accept an offer, he is not entitled to use any drafts already made by the contractor. The customer is obliged to delete drafts sent to him, including copies made by him, and to confirm the deletion to the contractor.

  4. Fixed prices are given on the basis of the information provided by the client and do not apply if the information turns out to be incorrect or incomplete after the conclusion of the contract. Fixed prices also do not include subsequent change requests or extensions of an order.

  5. If the offer is based on a non-binding cost estimate, billing will be based on actual expenditure. If it emerges during the project that the costs are likely to be more than 15% higher than the cost estimate, the contractor will notify the client immediately. If the client terminates the contract for this reason, the contractor is entitled to partial remuneration for the work performed up to the point of termination.

  6. Contracts for one-off services end upon fulfillment of the contract. Contracts for the continuous creation of works have the specified initial term and automatically renew for the same period until terminated by either party. The notice period is four weeks to the end of the initial or an extension period.

4. Order Execution

  1. The creation of the agreed work takes place on the basis of photos or film recordings, which are carried out by the contractor on an agreed date. The client is obliged to prepare an appointment in such a way that the recordings can start on time and be carried out without any problems. In the event of delays, the additional time required is to be remunerated with the general hourly fee of the contractor.

  2. If the client cancels an agreed date for recordings, he is obliged to pay an appropriate cancellation fee. If recordings cannot be made due to weather conditions, the contracting parties agree on a new date without the client having to pay a cancellation fee.

  3. If services from third parties are required as part of the order processing and these are to be commissioned by the contractor, the commissioning is carried out on behalf of the customer. The client is obliged to issue the contractor with a written power of attorney upon request.

  4. If recordings are made on the basis of a storyboard accepted by the client, the client cannot request new recordings if the recordings correspond to the storyboard or do not differ significantly from it.

  5. The contractor independently selects the images for post-production from the recordings made, unless an image selection has been agreed by the client. Post-production includes two free correction loops. Additional corrections are to be remunerated by the customer.

  6. After completion of the post-production, the client has to accept the finished work. The work is also deemed to have been accepted if the contractor has set the customer a reasonable deadline for acceptance after completion of the work and the customer has not refused acceptance within this period, stating at least one defect. Acceptance cannot be refused due to insignificant defects. A defect is insignificant if it is so far less important that, after weighing up the interests of both parties, it is reasonable for the customer not to delay the speedy processing of the entire contractual relationship any longer.

5. Delivery Dates

  1. Delivery dates for works are not binding unless they are expressly marked as binding in the offer. After a non-binding deadline has been exceeded, the client can request the contractor to deliver. In this case, delivery must be made within 8 weeks at the latest. If the delivery does not take place within this period, the customer can withdraw from the contract.

  2. Delivery times are extended by the period for which the customer fails to cooperate. If the delay in the cooperation owed by the customer leads to a collision with other orders from the contractor, the contractor can interrupt the work for the customer and continue it after the other orders have been completed.

  3. If the contractor is prevented from providing the service due to force majeure (pandemics, natural disasters, war, travel warnings from the Federal Foreign Office, etc.), the delivery time is extended by the period of force majeure if the contractor informs the client immediately. If the force majeure lasts longer than 8 weeks, both contracting parties are entitled to withdraw from the contract.

6. Fee

  1. The agreed fee applies plus statutory sales tax, unless the contractor makes use of the small business regulation in accordance with Section 19 of the Sales Tax Act. An artist's social security contribution to be paid by the client is not included in the fee and must be borne by the client himself.

  2. Unless expressly stated in the offer, the agreed fee does not include any costs for services provided by third parties (e.g. actors). License fees for music are included in the offer price if the desired title is available in the database used by the contractor without paying a separate fee. Otherwise, the client has to license music at his own expense. If travel costs are not included in the offer, they are to be reimbursed to a reasonable and customary extent. Travel costs with a car are calculated at 0.38 euros per kilometer driven.

  3. 50% of the fee is due for payment within 14 working days after the conclusion of the contract. The remaining 50% is due upon acceptance of the work. If a production is delivered in parts, the corresponding partial fee is due upon delivery of a part. Irrespective of this, the contractor can demand advance payments in the amount of the value of the services rendered and owed under the contract.

  4. In the event of default of payment, the customer owes default interest of 9% above the current base interest rate in accordance with Section 247 of the German Civil Code. The contractor can demand higher interest for another legal reason. The assertion of further default damages is not excluded.

7. Use Rights

  1. The client acquires the right to use the work to the extent specified in the contract. Ownership rights are not transferred.

  2. Upon payment of the agreed remuneration, the contractor grants the customer the exclusive rights of use and exploitation of the work created. Rights of use to the raw material are not granted.  The client is not permitted to use the work until the agreed fee has been paid in full.

  3. Image material may only be used in the form in which it was delivered. Any editing or redesign (e.g. coloring, photo-technical alienation, photomontage) or change in the image reproduction (e.g. use of sections) requires the prior written consent of the contractor.

  4. The granting of rights of use and the transfer of rights of use acquired by the customer to third parties require the prior written consent of the contractor.

  5. In the event of unauthorized use, modification, redesign or transfer of image material, the contractor is entitled to demand a contractual penalty. This amounts to five times the agreed fee or, in the absence of an agreement, five times the usual usage fee, but at least €500 per image and individual case. The assertion of any further claim for damages remains unaffected.

  6. Unless a longer storage period has been agreed, the contractor will store the raw material and the work created for one year.

8. Warranty

  1. If the work is defective, the client can demand supplementary performance. The work is defective if it has technical or content-related errors. There is no defect if the contractor moves within the scope of his artistic scope. Within the framework of supplementary performance, the contractor can choose to remedy the defect or recreate the work.

  2. If the supplementary performance fails, the customer can remedy the defect himself and demand reimbursement of the necessary expenses, withdraw from the contract or reduce the remuneration.

  3. If the client recognizes defects before completion of the work, he is obliged to inform the contractor about them. If the client accepts a defective work although he is aware of the defect, he is only entitled to warranty rights if he reserves these rights at the time of acceptance.

  4. If the client claims a defect and, after troubleshooting, it turns out that there is no defect or that it was not caused by the contractor, the client is obliged to reimburse the contractor for the time spent troubleshooting with the general hourly rate.

  5. Notice of obvious defects must be made within two weeks after delivery of the work, notice of non-obvious defects within a period of two weeks after the defect becomes apparent. The complaint must be made in writing. Timely dispatch is sufficient to meet the notice period.

  6. The customer's rights based on defects become statute-barred in twelve (12) months. The statute of limitations begins with acceptance.

9. Liability

  1. The customer is responsible for ensuring that the creation or use of the work does not infringe any third-party rights (copyrights, personal rights, etc.). He must obtain the necessary consent from the persons to be admitted himself. The client is obliged to indemnify the contractor against third-party claims in this regard.

  2. The contractor is liable for negligently caused financial losses within the scope of the foreseeable and typical damage. If the customer was at fault when the damage occurred, the obligation to provide compensation and the extent of the compensation to be paid depends on the circumstances, in particular on the extent to which the damage was primarily caused by the contractor or the customer. This also applies if the client's fault is limited to the fact that he failed to draw the contractor's attention to the risk of unusually high damage, which the contractor neither knew nor had to know, or that the client failed to avert or mitigate the damage.

  3. The client is liable to the contractor and his employees in the event of a culpable violation of protective duties during the recording. The customer must point out any dangers.

10. References; own use

  1. The contractor is entitled to name the client as a customer reference on its website, in its marketing documents and in its communication. The right to mention includes the use of the contractor's logo.

  2. The contractor is entitled to use the work created for the client in whole or in part as a reference work and illustrative material on its website and in social media free of charge.

  3. The contractor has the right to be named in connection with the work he has created.

11. Final Provisions

  1. The law of the Federal Republic of Germany. The exclusive place of jurisdiction is the registered office of the contractor if the client is a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law.

  2. The client's personal data required to fulfill the contract will be stored by the contractor and processed to fulfill the contract.

  3. The contractor undertakes to treat all information that has become known to him as part of the order confidentially and not to use recordings - except for his own use - without the consent of the client.

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