Die Grüne Filmagentur
Effective date: 01.06.2025
Scope: exclusively entrepreneurs/businesses within the meaning of Section 14 of the German Civil Code (BGB) (i.e. business-to-business)
These Terms and Conditions apply to all offers, deliveries and services provided by Die Grüne Filmagentur GmbH (“Contractor”) to entrepreneurs/businesses (“Client”).
Any deviating terms and conditions of the Client shall apply only if the Contractor expressly agrees to them in text form (e.g. email). Individual agreements (in particular the offer/quotation, scope of services, schedule, budget/estimate) take precedence over these Terms and Conditions.
A contract is concluded by acceptance of the offer (e.g. by email) or by the Contractor’s order confirmation. Project-related agreements in text form (e.g. email) are binding insofar as they specify services, dates or approvals.
The scope of services and deliverables (“Deliverables”) arises exclusively from the offer/order confirmation (e.g. number of films, durations, formats 16:9/9:16/1:1, language versions, subtitles, masters/codecs).
In particular, the following are not included in the scope of services:
raw footage and project files (e.g. Premiere/Resolve), open timelines, templates/assets;
additional versions (e.g. cutdowns/reels/teasers), additional subtitle languages, additional aspect ratios, adaptations for new platforms, unless expressly commissioned.
The Client undertakes to cooperate in a timely manner, in particular by providing content/materials (texts, logos, CI guidelines), appointing a responsible contact person, organising locations/permits (where agreed), and providing feedback/approvals on time.
Delays or additional work due to missing or late cooperation shall be borne by the Client.
Change requests after conclusion of the contract are possible. The Contractor will point out any effects on dates and budget. Additional effort shall be remunerated separately.
If, by way of exception, billing based on effort or an hourly retainer is agreed, the hourly rates stated in the offer shall apply. The effort will be documented on a project basis.
Unless otherwise agreed in the offer, the fixed price includes two revision rounds per Deliverable.
Feedback must be provided in a consolidated form by a designated contact person. Uncoordinated individual comments from different contact persons do not constitute consolidated feedback.
Changes that go beyond corrections within the agreed concept (e.g. new dramaturgy, new voice-over texts, CI changes, change of music style, new editing logic) shall be deemed change requests and will be billed based on effort.
Delivery dates are binding only if expressly designated as binding in the offer/order confirmation.
Delays due to force majeure, official requirements, unavailability of locations, short-notice availability of protagonists/participants, or missing cooperation shall reasonably extend delivery periods.
Weather/shooting conditions: If filming depends on weather conditions, the Client shall bear the risk of additional shooting or travel costs due to weather-related postponements, unless expressly agreed otherwise.
If the Client cancels or reschedules an agreed shooting/production date, costs already incurred as well as non-cancellable third-party costs (e.g. crew, equipment, travel, locations, service providers) shall be charged in full.
In addition, a cancellation fee applies to the calculated net production costs of the affected shooting/production part as follows:
cancellation/rescheduling less than 14 calendar days before the date: 25%
cancellation/rescheduling less than 7 calendar days before the date: 50%
cancellation/rescheduling less than 48 hours before the date: 75%
The Client retains the right to prove a lower loss; the Contractor likewise retains the right to prove a higher loss.
The Contractor delivers the agreed Deliverables for acceptance (e.g. via download link/review platform).
The Client shall review within 10 business days and notify any defects in text form. If no notice of defects is received within this period, the service shall be deemed accepted.
Minor deviations and purely subjective matters of taste do not constitute a defect. The agreed scope of services shall be decisive.
All prices are net plus statutory VAT.
Unless agreed otherwise, the following payment schedule applies:
50% upon placing the order/acceptance of the offer
50% upon acceptance
Invoices are due within 14 calendar days after the invoice date without deduction.
In the event of late payment, the Contractor is entitled to suspend further services (e.g. additional versions, deliveries) until payment is received. Statutory default interest remains unaffected.
Upon full payment, the Client receives the rights of use agreed in the offer (territory, term, content, media). Any further use requires a separate agreement and remuneration.
The Client warrants that content provided by the Client (e.g. logos, music, images, texts) is free of third-party rights or that the necessary rights/consents have been obtained. The Client shall indemnify the Contractor against third-party claims arising from the use of such content.
Reference use: The Contractor is entitled to use the production or excerpts thereof for reference purposes (website, social media, showreel, pitches, festivals/industry events), unless confidentiality has been expressly agreed in writing.
Raw footage and project files remain with the Contractor. Any handover may be agreed against separate remuneration, provided no third-party rights prevent this.
Archiving beyond the project duration will be carried out—unless agreed otherwise—according to internal standards without warranty.
The statutory warranty rights apply in the B2B relationship, unless otherwise regulated below.
Defects must be reported without undue delay in text form. The Contractor has the right to subsequent performance.
Unlimited liability in cases of intent and gross negligence as well as for damage to life, body or health.
In cases of slight negligence, the Contractor is liable only for breaches of essential contractual obligations (cardinal obligations) and is limited to the foreseeable damage typical for the contract.
Any further liability is excluded, in particular for loss of profit as well as indirect damages and consequential damages, insofar as legally permissible.
Both parties undertake to treat confidential information of the other party that becomes known in the course of the cooperation as confidential.
Excluded are information that is generally known or becomes known without breach of contract.
Place of performance and place of jurisdiction is—where legally permissible—Berlin.
German law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
Should any provision be or become invalid, the validity of the remaining provisions shall remain unaffected.
