Terms and conditions

1. Award of Contract
1.1. The following terms and conditions form the basis of all contracts accepted by the contractor.
1.2. Any differing terms and conditions of the client shall not apply unless they have been expressly confirmed in writing by the contractor.
1.3. The contractor’s written confirmation of the order is exclusively decisive for the content of the contract. Verbal agreements require written confirmation to be effective.

2. The film
2.1. The basis for the film production is the concept, script or storyboard provided or approved by the client, a layout film or the result of discussions between the client and contractor before the start of filming, insofar as these are recorded in writing.
2.2. The client transfers to the contractor all rights necessary for further processing of the materials provided in accordance with section 2.1.
2.3 It is agreed that the production quality shall be the quality established by a sample roll at the Contractor’s company.
2.4 The Contractor shall be responsible for the technical and artistic design of the film as a whole and of its parts.
2.5 The client shall be responsible for the factual correctness of the advertising content and the legal admissibility of the advertising, unless the contractor has deviated from the content of the contract and/or the client’s instructions in breach of duty.

3. Costs
3.1 The agreed production costs shall be binding on the contractor, provided that there is no change in the scope of the order or in the scope of the agreed use after acceptance of the order.
3.2 If the client’s requests for changes result in additional costs, the contractor must point this out to the client.
3.3 The client shall provide the contractor with the original advertising material to be presented free of charge and in a timely manner for the purpose and duration of the film production. The client expressly permits the contractor to process the material in a professional manner to the extent necessary for the execution of the order.
3.4 The Contractor shall select actors, models and narrators in each case in consultation with the Client. If actors, narrators or other participants requested by the Client demand above-average fees due to their prominent position or for other reasons, the Client shall bear the additional costs incurred as a result separately.
3.5 Postponements or interruptions due to weather conditions (weather risk) are not included in the calculated production costs. Any additional costs incurred due to weather risk shall be borne separately by the client.

4. Production
4.1 Production begins with the acceptance of the order, but no later than with the last meeting before production, which shall be confirmed in writing.
4.2 The client or a representative named by him shall be given the opportunity by the contractor to be present at all decisive phases of the film production.
4.3 Before the start of production, the client shall name a responsible representative who alone is authorised to make decisions and give instructions. Instructions from this representative are also binding if they are not confirmed in writing.
4.4 The contractor shall carry out or have carried out any requests for changes by the client before the start of production, insofar as the contractor can be expected to assume responsibility for the change for reasons of artistic or technical design. If the change is unreasonable for the contractor, the contractor has the right to refuse the change. The client has the right to terminate the contract after refusing the change The client shall bear the costs incurred up to the time of termination, including reasonable pro-rata remuneration of the contractor.
4.5. The contractor shall agree to any requests for changes after production has commenced. The client shall bear any additional costs incurred, as well as a reasonable increase in the contractor’s remuneration.
4.6 If the client arranges for recordings to be made in the client’s plants or factories or in third-party plants or factories, any resulting operational disruptions shall be at the client’s expense. The contractor’s liability for damages resulting from operational disruptions is limited to intent and gross negligence.
4.7 If the client expressly requests the conclusion of a specific insurance policy, he shall notify the contractor of this before accepting the order and bear the costs incurred as a result.

5. Acceptance
5.1 Immediately after completion of the film, the contractor shall send a sample copy to the client for acceptance or shall present the film to the client. Acceptance shall be deemed to have taken place no later than 14 days after this point in time, provided that the client has not already expressly accepted the film or refused acceptance in writing.
5.2 The client shall not be entitled to refuse acceptance if the film has been produced in accordance with sections 2.1 and 2.3 in terms of content and quality and only contains changes that are based on instructions from the client or have been approved by the client (exclusion of returns due to taste).
5.3 The statutory provisions shall remain unaffected in all other respects.

6. Delivery dates
6.1 The date of delivery of the sample copy shall be mutually agreed between the client and the contractor before the start of production on the basis of a schedule drawn up by the contractor.
6.2 If it is clear that the schedule cannot be met, the contractor shall inform the client immediately of the reason and duration of the delay.
6.3 If the client is responsible for the reasons for a delay, in particular if the delay is due to the client’s requests for changes, the delivery date shall be postponed by the period of the resulting delay and/or interruption of production, unless the delay is also due to a
breach of duty by the contractor.
6.4 If the delivery date is not met, the client shall grant the contractor a reasonable extension. In all other respects, the statutory provisions shall apply.

7. Transfer of rights
7.1 The contractor transfers to the client the exclusive rights of use in and arising from the film for use as an advertising film within the agreed spatial and temporal scope, insofar as they are entitled to them, have been transferred to them by the filmmakers in accordance with the existing collective agreements or have been acquired by them in some other way from the authorised party within the customary commercial framework.
7.2 A subsequent extension of the agreed temporal and/or spatial rights of use shall be made at the request of the client, insofar as this is possible for the contractor, by assignment of the desired rights of use against payment of the usual, or alternatively, the appropriate remuneration. The contractor may refuse the extension only for good cause.
7.3 The extension of the scope of the right of use requires a mutual agreement between the client and the contractor.
7.4 Insofar as individual rights, in particular sound recording, performance and broadcasting rights, are held by GEMA or similar collecting societies, these rights are expressly not transferred.
7.5 The client is only entitled to synchronise and/or subtitle in foreign languages, to use excerpts in image and/or sound and to convert formats, e.g. for use on the internet, insofar as this has been expressly contractually agreed and remunerated and insofar as this does not grossly violate the artistic reputation of the parties involved.
7.6 The client must have the contractor carry out edits or changes, provided this is not unreasonable for the client.
7.7 Changes always require the contractor’s prior express consent.
7.8 The client has the right to transfer the rights of use transferred to him in whole or in part to third parties or to have them exercised by third parties.
7.9. Insofar as the client acquires direct rights to the film, he grants the contractor the right to use the film as a reference for the contractor’s own purposes.
7.10. The transfer of rights to the client takes place upon acceptance and payment of the production costs.
7.11. The image and sound negative, as well as all materials (e.g. scripts) and documents created by or on behalf of the contractor in the context of or for the production, remain the property of the contractor. No rights to these are expressly transferred to the client.

8. Payment terms
8.1 50% of the production costs plus 19% VAT are due for payment upon acceptance of the order, and 50% upon acceptance.
8.2 Costs incurred prior to acceptance of the order, in particular travel expenses, casting costs, etc., are due for payment in full upon acceptance of the order.

9. Copies and Storage
9.1 The Contractor is expressly permitted to produce and present copies for its own advertising purposes or in the context of festivals or competitions from the time of the first showing.
9.2 The risk of loss of the copy documents shall pass to the client upon delivery of the film master. This shall also apply if the film work is stored at the contractor’s premises or at those of a third party contracted by the contractor.

10. Liability
10.1 The contractor is liable to the client for intent and gross negligence. Liability for slight negligence is excluded, provided there is no liability for damages resulting from injury to life, limb or health.

11. Final provisions
11.1 Amendments and supplements to these general terms and conditions, as well as any separate agreements, must be made in writing to be effective.
11.2 Should individual clauses of these general terms and conditions be or become invalid in whole or in part, the validity of the remaining terms and conditions shall remain unaffected.
11.3 The place of performance and jurisdiction for disputes is Berlin.