FILM EDITOR • VIDEOGRAPHER • COLORIST
MUNICH / LANDSBERG, GERMANY
VERSION 3 • 14.02.2025
This is a translation from the original German terms and conditions (AGB). Where both versions contradict, the German original version is applicable and always has priority.
Following are general terms and conditions for the production of an audiovisual product (work) by Jan von Stebut: Film Editor & Videographer and their agents (production) on behalf of an individual, group, company or their representative (customer). Place of production is Munich / Landsberg am Lech or Germany. The production is subject to German jurisdiction.
Principle: A written service offer provides the basis for binding agreements after acceptance and is thereby given the qualities of a contract. When changing agreements, the most recent is always applicable. Only with explicit contradictions between these terms and a given agreement, the agreement has priority. Agreements are deemed to have been made as soon as conclusive statements have been received by both parties. These require written form, unless clearly inappropriate in a given agreement situation, such as in direct dialogue between production agents and the customer on the set of a production.
A) Scope of services
The service to be provided by the production is limited to the agreed characteristics, even if specific services (such as the acquisition of the corresponding raw footage) are remunerated by the customer.
Raw footage and other work data remain in the property of the production. In general, the rendition of raw footage and work data as well as their rights of use to the customer is not agreed.
B) Rights, obligations, liability
• The production strives to produce the work to the best of its knowledge and ability. Where it is a creative service, not all aspects of the work can be objectively criticized. Therefore, as agreed: the production must guarantee the timely production of the work according to the agreed criteria if the customer cooperates. A failure on both sides must be documented accordingly.
• Agreed is a close proactive communication of customer requirements as well as timely critical feedback on demo versions.
The production is not accountable for increased production costs due to late criticism from the customer referring to previously demonstrated work properties.
• The production is not liable for significant changes of direction as to the overall concept by the customer.
The production does not guarantee compliance with a cost framework set by the customer, if this has not been agreed or if the desired services are subsequently extended by the customer.
• The customer is to give timely approval of the work.
• Specific works created according to customer requirements can not be rejected, if there are no serious shortcomings in quality.
Shortcomings are limited to objective technical and content-related aspects, which occur against better customer communication or industry standards. Unpaid services and features can not be faulted.
• The production is liable for data loss except through force majeure or customer negligence. The liability sum must be in proportion to the damage. An upper limit of liability of 100% of the agreed order volume is agreed. This can only be reversed if there is proven mischievousness.
• The production strives to keep the raw and project data in duplicate for one calendar year after its creation or at least six months after conclusion of the project. Corresponding storage media is to be provided by the customer.
• Where the disclosure of data is not agreed, storage media can only be handed-out after deletion of the data.
In this case, the production is no longer liable for redundant storage and is not liable for data loss.
C) Appointments and deadlines
Within the agreed production timeframe, timely request for appointments/deadlines received in writing from both parties shall be deemed binding even if they are not answered within 72 hours. A wanton abuse of this rule is excluded.
In time, an appointment request is valid up to 72 hours in advance. For appointment cancellations, a suitable replacement date must be offered.
The beginning of the appointment is always the beginning of the work, if necessary, the departure of the production crew.
The customer can be made liable for their missed appointments (on a daily-job or fixed-price basis):
• in case of cancellation up to 48 hours before the start of the event: free of charge
• in the event of cancellation up to 24 hours before the start of the event: up to 25% of the agreed service fee, without service
• in the event of short-term cancellation on the previous day: up to 50% of the agreed service fee, without servie
• in the case of short-term cancellation on the day of the appointment: up to 75% of the agreed service fee, without service
• in case of neglected cancellation: up to 100% of the agreed service fee, without service
• the customer may also be made liable for illness, if necessary
• the customer can be made liable for external booking / cancellation costs
The customer can be made liable for his missed appointments (on a weekly-job basis):
• in case of cancellation up to 1 week before the start of the appointment: free of charge
• in case of cancellation up to 72 hours before the start of the event: up to 25% of the agreed service fee, without service
• in case of cancellation up to 24 hours before the start of the event: up to 50% of the agreed service fee, without service
• in case of cancellation on the previous day: up to 75% of the agreed service fee, without service
• in the case of short-term cancellation on the day of the appointment or missed cancellation: up to 100% of the agreed service fee, without service
• the customer may also be made liable for illness, if necessary
• the customer can be made liable for external booking / cancellation costs
If one of the contractual partners fails to meet three appointments, appointment or contact requests in at least one calendar week, the disadvantaged party may prematurely terminate the contract. Wanton action is excluded. In the event of customer default, the production is obliged to deliver the status quo and the customer is obliged to accept and pay the given service(s). In the event of production default, the customer may withdraw completely without payment. Wanton action is excluded.
D) Service calculation
The production service is always remunerated by invoice, the following agreements apply:
Invoices contain the applicable sales tax, usually 19%, within Germany, which may be void in foreign countries according to laws (Reverse Charge may apply).
Partial invoices are permissible at any time as soon as agreed services, even in partial quantities, have been provided in full. Advance payments are possible.
Invoices are to be settled within the specified period, usually by bank transfer. In the event of default, a payment reminder and reminders with dunning fees of up to 5% of the service(s) missed shall be agreed upon at intervals of one calendar week.
A default begins on the following day of the ultimate due date of the invoice.
E) Rights and obligations on the work
The copyright can not be sold under Germany law and remains with the author(s) of the work. The rights of use for the delivered work lie with the customer or the paying parties in according proportions. The rights to use the raw footage and work material remain with the production as long as no superior individual rights are violated. The aforementioned rights can be sold to the customer seperately.
The production may name the customer and project in their portfolio and use sections of the product to a maximum of 15% of the total length for self-advertising purposes.
F) Notice to data security
The customer grants a right of storage and use of the company and / or personal data in the interest of the fulfillment of the order by means of his order to the production. The publication of this data to third parties is prohibited.
The production can only produce picture and sound recordings that depict natural persons with the individual written consent of each individual. The production realizes the collection of this data, but because of the dependence on the consent of the persons to be given, the production is not liable for the feasibility. The associated production losses are the risk of the customer.
The customer also bears the risk of a subsequent withdrawal of the individual consent to the digital storage of personal data in writing, image and sound. In this case, according to 2016/679 (EU General Data Protection Regulation), production may be forced to delete the specific personal data. The production is not liable for various consequences of the loss of image and sound material as well as the revision or disposition of already published works.
G) Validity
These terms and conditions are bindingly valid upon notification of the customer. They do not require a signature.
H) Severability clause
The ineffectiveness of one or more clauses above does not affect the effectiveness of the terms and conditons otherwise.
End of the Terms & Conditions