General Terms and Conditions (GTC)

for Photo & Video Productions by Studio Tran Tsolakidis

Scope of Application:
These General Terms and Conditions (GTC) apply to all contracts between Studio Tran Tsolakidis (hereinafter referred to as the "Contractor") and its clients regarding the creation of photo & video productions. They apply both to contracts with business owners within the meaning of Section 14 of the German Civil Code (BGB) (B2B) and with consumers within the meaning of Section 13 BGB (B2C), unless deviating regulations are specified below.

§ 0 Definitions:

Production:
Includes all services provided by the Contractor in connection with the creation of photos/a film, including conception, production, editing, post-production and delivery of the final material.

Final Material:
The photo and film file in the agreed format completed by the Contractor and handed over to the Client for acceptance.

Raw Data:
The unedited photo, video and audio files recorded during the shoot.

§ 1 Production

§ 1.1 Execution of the Production:
The production as well as the individual production steps are carried out by the Contractor in coordination with the Client. The content approval of the production is the responsibility of the Client.

§ 1.2 Artistic and Technical Design:
The artistic, technical and conceptual design of the production is the responsibility of the Contractor, unless otherwise agreed in writing.

§ 1.3 Cost Estimates and Cost Adjustments:
Insofar as the Contractor prepares cost estimates, these are non-binding. If cost increases occur during production, these are only to be reported by the Contractor if it becomes apparent that this is expected to exceed the originally estimated total costs by more than 15%. If the planned production time is exceeded for reasons for which the Contractor is not responsible, additional remuneration must be paid on the basis of the agreed hourly rate or in the form of a reasonable increase in the flat fee.

§ 1.4 Selection of Material:
Subject to any other regulation, the recordings presented to the client for acceptance after completion of the production will be selected by the photographer.

§ 1.5 Commissioning of Third Parties:
The Contractor is entitled to commission third parties to carry out production tasks. Even when commissioning third parties, the Contractor remains responsible for the proper execution of the order.

§ 2 Cooperation of the Client & Final Acceptance

§ 2.1 Provision of Materials:
The Client undertakes to provide the Contractor with all information, documents, files, fonts, pieces of music, graphics, logos, props etc. required for the production in digital and suitable form at the latest 7 days before the agreed start of production. The Contractor is entitled to postpone the production if the materials are not provided in a timely manner. The resulting additional costs shall be borne by the Client.

§ 2.2 Liability for Provided Content:
The Client is liable for ensuring that the provided information, files and objects do not violate the rights of third parties, in particular copyrights and trademark rights.

§ 2.3 Acceptance of the Production:
The production is deemed accepted when the Client has approved it in writing or if the Client does not object to defects in writing within 7 days of demonstrable handover of the final material (e.g. by email with read receipt or handover protocol). The burden of proof for the handover of the final material lies with the Contractor.

Subsequent change requests are considered additional correction rounds and will be billed based on time and effort.

§ 3 Rights of Use & Self-Promotion

§ 3.1 Granting of Rights of Use:
The agreed rights of use are only granted to the Client upon full payment of the final invoice.

§ 3.2 Use of the Production:
The Client may only use the entire film file or excerpts from it within the scope of the rights of use defined in the GTC. The rights of use are unlimited in terms of time, place and medium, unless otherwise agreed.

Changes to the film file as well as the transfer of the rights of use to third parties require the written consent of the Contractor. In the event of violations of the agreed rights of use, the Contractor is entitled to demand a contractual penalty in the amount of 100% of the gross order value per violation.

§ 3.3 Use for Self-Promotion:
The Contractor may use the production or excerpts as well as images from it for self-promotion, primarily on social media channels and websites, after prior written consent, without the Client being entitled to any compensation. Upon consent, the Client grants the Contractor a free, indefinite and spatially unrestricted right of use to the production for self-promotion.

§ 3.4 Use of Name and Logo:
The Contractor may use the name and logo of the Client for reference purposes, provided that written consent is available.

§ 3.5 Delivery of Raw Data:
Raw data is generally not handed over to the Client. A handover only takes place after a separate written agreement. The handover will only take place against a fee determined by the Contractor upon request.

§ 4 Payment Terms

§ 4.1 Down Payment:
The Contractor is entitled to demand a down payment of 30% of the total amount upon conclusion of the contract. The down payment serves to secure the production preparations and will be taken into account in the total amount.

§ 4.2 Due Date of the Remaining Payment:
The remaining payment is due at the latest 10 days after acceptance of the production in accordance with § 2.3. Default interest and legal consequences are governed by Section 288 BGB.

§ 4.3 Interim Invoices:
For projects with an order value of more than 10,000 Euros, the Contractor may, at its own discretion, issue interim invoices (e.g. pre-production, production, post-production).

§ 4.4 Default Interest B2C:
In the event of default of payment by the Client, the Contractor reserves the right to charge default interest in the amount of 5% above the base rate.

§ 4.5 Default Interest B2B:
If the Client is a company, the commercial default interest in accordance with Section 288 BGB in the amount of 9% above the base rate applies deviatingly.

§ 4.6 Prices and Taxes:
All prices are subject to the applicable VAT.

§ 4.7 Suspension of Performance in Event of Default of Payment:
In the event of suspension of performance due to default of payment by the Client, the Contractor is entitled to invoice the services rendered up to that point. A resumption of performance will only take place after full settlement of the outstanding claims plus any costs for the resumption of production.

§ 5 Correction Rounds & Change Requests

§ 5.1 Number of Free Corrections:
The Contractor offers the Client two free correction rounds. These also include structural changes to the edit or other significant changes (e.g. replacing the music). In the event of a replacement of licensed music, the Client is obliged to choose the appropriate piece of music from a pool of pieces of music provided by the Contractor.

§ 5.2 Billing of Additional Changes:
Additional changes or correction rounds that go beyond the services included in the offer will be billed based on actual time and effort. The applicable hourly rate corresponds to the hourly rate specified in the offer or is calculated proportionally from the daily rate agreed in the offer.

§ 5.3 Feedback Process:
Unclear or incomplete change requests lead to delays and will be billed additionally based on effort in accordance with § 5.2. The Client is obliged to submit detailed feedback in writing within 7 days of request. The feedback must contain precise descriptions of the desired changes.

§ 6 Working Hours & Overtime Policy

§ 6.1 Working Hours:
The working hours agreed in the offer are 8 hours per shooting day. Overtime will be billed separately.

§ 6.2 Break Policy:
The statutory break regulations apply in accordance with the German Working Hours Act (ArbZG).

§ 6.3 Overtime:
The Contractor is free to work overtime unless otherwise agreed.

§ 6.4 Billing of Overtime:
If the actual working hours exceed the times agreed in the offer, the additional hours will be billed at the hourly rate specified in the offer or, unless otherwise agreed, the Contractor's customary hourly rate. Overtime requires prior written coordination with the Client.

§ 6.5 Shorter Production Duration:
If the production is completed faster than planned due to an efficient working method, optimised processes or other circumstances, the price agreed in the offer remains fundamentally unchanged. This takes into account the planned resources, the availability of the Contractor as well as their expertise. At the request of the Client, the freed-up resources can be used for additional services. These will be billed separately and require a written agreement.

§ 6.6 Extension of Production:
Should the production be extended due to unforeseen circumstances for which the Contractor is not responsible (e.g. change requests by the Client, additional recordings or external delays), the additional days or hours will be invoiced in accordance with the hourly rate specified in the offer or a written agreed daily rate.

§ 6.7 Duty to Inform in Case of Deviations:
The Contractor is obliged to inform the Client immediately about deviations from the planned production time in order to make an adjustment to the agreement if necessary.

§ 7 Travel Costs & Expenses

§ 7.1 Billing of Travel Costs:
Travel costs of the Contractor (e.g. travel expenses, accommodation costs) will be invoiced to the Client, unless a flat rate has been agreed.

§ 7.2 Travel Flat Rate:
For shoots outside of Hamburg, a travel flat rate of €1.00/km will be charged. The flat rate applies to the outward and return journey.

§ 7.3 Parking Fees & Tolls:
Parking fees & tolls will be reimbursed separately.

§ 7.4 International Travel Costs:
International travel costs are agreed individually and include flight costs, accommodation and other travel expenses.

§ 8 Storage and Archiving of Files

§ 8.1 Archiving Period:
The Contractor undertakes to archive raw data as well as edited end products for a period of 6 months after acceptance.

§ 8.2 Long-Term Storage:
Long-term storage can be agreed upon separate payment and written agreement.

§ 8.3 Disclaimer of Liability for Data Loss:
The Contractor assumes no liability for the loss of data after this period has expired.

§ 8.4 Obligation to Notify:
The Contractor will not inform the Client before the end of the archiving period.

§ 9 Data Protection & Confidentiality

§ 9.1 Confidentiality:
The Contractor undertakes to treat all information acquired within the scope of the order as confidential and to use it only for the execution of the order.

§ 9.2 Personal Data:

Personal data of the Client will be processed exclusively in accordance with the applicable data protection laws. Passing on to third parties only takes place if this is necessary for the performance of the contract.

§ 9.3 Data Protection:
The Contractor is obliged to treat the Client's data provided to him confidentially and not to pass it on to third parties, unless this is expressly required.

§ 9.4 Presentation of the End Products:
The Contractor undertakes not to pass on the end products to third parties without the express consent of the Client. However, the Contractor is permitted to present the end products via private, non-publicly accessible links to potential clients for reference purposes.

§ 10 Production Interruption/Cancellation Fee

§ 10.1 Statutory Restrictions:
The production can only be carried out if statutory provisions permit this. The Contractor is not liable for delays due to statutory restrictions.

§ 10.2 Production Cancellation due to Force Majeure:
The Contractor is entitled to postpone or adjust the production or parts thereof due to unforeseen circumstances (e.g. such as illness, technical problems or force majeure). The Client will be informed immediately in such cases. The Contractor is not liable for delays or damage caused by force majeure. In the event of production cancellations due to force majeure, the Contractor will endeavour to organise replacement personnel or find an alternative date. If this is not possible, there are no claims against the Contractor.

If the Client postpones the production or parts thereof, he shall bear the resulting additional costs, in particular cancellation fees for already booked services and personnel costs. The Contractor will inform the Client of the estimated additional costs in advance.

§ 10.3 Billing of Services Rendered:
If the order is not executed or is cancelled for reasons for which the Contractor is not responsible, all services rendered and costs incurred up to that point, including non-cancellable third-party services, will be invoiced.

§ 10.4 Cancellation Fee:
In the event of a production cancellation within 30 days before the start of production, a cancellation fee of 25% of the agreed gross order value is to be paid. If the production is cancelled less than 14 days before the start, the cancellation fee is 50% of the agreed gross order value.

§ 11 Quality Guarantee/Warranty

§ 11.1 Entitlement to Remedial Work in the Event of Technical Defects:
The Client is entitled to remedial work in the event of technical defects. A technical defect exists if the production does not correspond to the agreed quality or technical specification. The Contractor will be given up to two opportunities to make improvements. Personal changes of taste, such as changes to the edit, the colour grading or the selection of music, which are not based on technical defects, are excluded from remedial work and will be billed separately, unless they are covered by the correction rounds in § 5.1.

§ 11.2 Reporting Obligation for Defects:
Defects must be reported and proven to the Contractor in writing within 7 days of completion of the production.

§ 11.3 Free Remedial Work:
In the event of remedial work by the Contractor due to defects for which the Client is not responsible, no further costs will be charged.

$ 12 Liability

§ 12.1 Limitation of Liability:
The Contractor is only liable in cases of intent or gross negligence.

§ 12.2 Liability for Personal Injury:
The limitations of liability do not apply to claims due to injury to life, body or health.

§ 12.3 Limit of Liability for Contractual Obligations:
In the event of a breach of material contractual obligations, the Contractor is liable within the scope of the coverage amount of his liability insurance.

§ 12.4 Disclaimer:
The Contractor owes exclusively the contractually agreed service and assumes no liability for the economic success or the legal security of the production for the Client.

§ 12.5 Disclaimer in Event of Force Majeure:
The Contractor is not liable for damages or data loss resulting from force majeure or technical defects, unless these were caused intentionally or by gross negligence. The Contractor assumes no liability for data loss resulting from incorrect provision of materials by the Client.

§ 12.6 Indemnification by the Client:
The Client indemnifies the Contractor from all claims of third parties arising from a violation of copyrights or other rights of third parties by material provided by the Client (e.g. music, images, logos).

§ 13 Fees by Collecting Societies

§ 13.1 Cost Assumption by the Client:
The Client is obliged to ensure that no music subject to GEMA fees or other works are used without corresponding licences. The Client bears all applicable fees incurred by collecting societies (e.g. GEMA). These are not included in the offer and will not be paid by the Contractor

§ 13.2 Option for GEMA-free Music:
GEMA-free or royalty-free music can be booked additionally for a fee.

§ 14 Right of Withdrawal (B2C)
If the Client is a consumer within the meaning of Section 13 BGB, the following right of withdrawal applies:

§ 14.1 Right of Withdrawal for Consumers:
The Client has the right to withdraw from the contract in writing within 14 days without giving reasons, provided that production has not yet started.

§ 14.2 Expiry of the Right of Withdrawal upon Start of Production:
The right of withdrawal expires as soon as the execution of the contract has begun, e.g. through the performance of preparatory activities such as creative concept work or production preparation. Should the Client expressly waive his right of withdrawal before the start of these works, this also expires with the start of execution.

§ 14.3 Exercise of the Right of Withdrawal:
The right of withdrawal can be exercised using the statutory model withdrawal form:

https://www.bmi.de/SharedDocs/Downloads/DE/Formular/Muster_Widerrufsbelehrung_Vertrag_ausserhalb_Geschaeftsraeme.mAusnahme Finanzdienstleistungsvertraege.pdf? blob=publicationFile&v=5

§ 15 Place of Jurisdiction (B2B)

§ 15.1 Choice of Law:
The law of the Federal Republic of Germany shall apply.

§ 15.2 Place of Jurisdiction:
For business owners, Hamburg is the exclusive place of jurisdiction. Mandatory statutory regulations regarding alternative places of jurisdiction remain unaffected.

§ 16 Place of Jurisdiction (B2C)
For B2C transactions, the statutory place of jurisdiction applies.

§ 17 Final Provisions

§ 17.1 Severability Clause:
Should any provision of these GTC be invalid, the validity of the remaining provisions shall remain unaffected.