GENERAL TERMS

1. GENERAL PROVISIONS

1.1 The general terms and conditions of THE RENDERERS apply to all commissioned productions. They are primarily designed for business-to-business transactions and form an essential part of every offer and contract. These terms and conditions may be updated or modified by THE RENDERERS at any time. In such cases, the affected clients will be notified in writing.

THE RENDERERS becomes legally bound only through formal confirmation of the offer/order (confirmation via fax or digitally signed email is permitted) or by signing the contract. By signing the order document or the order confirmation, the general terms and conditions are accepted.

1.2 The creation of the film/video, regardless of the storage medium, is based on the script approved or provided by the client and produced under the conditions specified in the production contract or accepted offer. Treatments, concepts, scripts, drawings, plans, and similar materials developed by THE RENDERERS or on its behalf remain the intellectual property of THE RENDERERS unless used in the final work/film or unless a fee has been agreed for them. Any use—especially forwarding, duplication, or publication—requires express permission from THE RENDERERS. Materials provided by the client may be reclaimed by them.

1.3 The production contract or accepted offer must specify the territories, media, and time periods for which the film work is to be produced.

1.4 Offers from THE RENDERERS are non-binding and without obligation.

1.5 The term “film work/video” is hereinafter referred to as the WORK. THE RENDERERS is referred to as the Producer.

2. COSTS

2.1 The agreed price includes all production costs, including the delivery method specified in writing in the offer. The calculated working time per shooting day is a maximum of 10 hours.

2.2 Weather-related delays (weather risk) are usually not included in the calculated production costs. Any additional costs incurred for this reason will be invoiced based on documented expenses.

2.3 A separate contract may be concluded for the development of a treatment, concept, or script. The agreed price in this contract is payable by the client even if the material is not used for filming or if the client withdraws from the order. If a script or pre-existing film is provided by the client or their representative, full rights must be transferred to the Producer.

2.4 If the client requires a specific insurance policy, they must inform the Producer at the time of contract conclusion and cover the associated costs.

2.5 The client bears the costs of any expert consultation they request.

3. THIRD-PARTY SERVICES – ENGAGEMENT OF EXTERNAL PROVIDERS

3.1 THE RENDERERS is entitled at its sole discretion to perform the services outlined in the offer itself or engage qualified third parties to perform them.

3.2 Third-party services may be used at any point during the project without consultation with the client, provided no additional costs are incurred for the client.

3.3 Unless otherwise agreed in writing in advance, third-party services are commissioned in the name of THE RENDERERS. These contractors are not considered agents of THE RENDERERS.

4. PRODUCTION, MODIFICATION, APPROVAL, FOREIGN LANGUAGE VERSIONS, DELIVERY TIME

4.1 Pre-production or comparable work (see section 5.2) begins no earlier than upon signing the production contract or accepting the offer.

4.2 The artistic and technical execution of the WORK is the responsibility of THE RENDERERS and its subcontractors. THE RENDERERS shall inform the client of the location and planned procedure of the filming.

4.3 If the client requests changes to the schedule, script, or already completed parts of the film after approval, they bear the associated costs unless the changes are due to justified complaints. The Producer must promptly inform the client of the expected costs.

4.4 If the client requests changes after accepting the film, these must be submitted in writing. Only the Producer is entitled and obliged to make changes, which will be at the client’s expense.

4.5 If the Producer suggests changes for artistic or technical reasons that lead to additional costs, these require prior written approval from the client. Unapproved additional costs cannot be claimed.

The length of the WORK is determined by the production contract. A deviation of up to 5% from the agreed runtime is considered compliant.

4.6 If foreign-language versions (e.g., by dubbing or subtitling) are required, this must be agreed upon separately.

5. LIABILITY

5.1 The Producer guarantees the production of a technically flawless product, including proper sound and image quality.

5.2 If production becomes impossible, the Producer is only liable for intent or gross negligence. This also applies to delays. If the failure to produce is due to neither party, the client may withdraw from the contract. Services already rendered will be invoiced.

5.3 The Producer shall remedy recognized defects. If corrections require the cooperation of the client or their consultant, and this is not provided within a two-week period, the Producer may consider the contract fulfilled. The Producer may withhold corrections until due payments are made.

5.4 Unless otherwise agreed in writing, the Producer is liable for any legal violations they cause during production. The client assumes risk for materials they provide, including props, logos, and images.

6. CLIENT’S WITHDRAWAL

6.1 If the client withdraws from the order without the Producer being at fault, the Producer may invoice actual net costs, proportional mark-up (HU), and lost profits.

6.2 For cancellations between 10 and 4 days before filming or equivalent production status, the Producer may charge 2/3 of the accepted net production costs plus mark-up and lost profit.

6.3 For cancellations within 3 days before the scheduled shoot or equivalent work (see 5.2), the full amount of the accepted production cost is invoiced.

7. PAYMENT TERMS

7.1 Unless otherwise agreed, the following payment terms apply: 50% of the agreed amount is due before the start of filming, and 50% upon approval of the production. Payments must be received in THE RENDERERS’ account accordingly.

7.2 If payment is not received within 14 days of invoice receipt, a reminder will be sent. If payment is not made within 7 days of the reminder, a late fee of at least €50.00 will be applied.

8. COPYRIGHT AND USAGE RIGHTS

The WORK is produced based on the script/concept approved by the client and the points specified in the production contract. The Producer holds all required copyright usage rights per § 38/1 of the Copyright Act, including reproduction, distribution, broadcast, performance, and protection rights, unless these are held by a collecting society.

The production contract shall define the scope (territorial and temporal) of usage rights granted to the client upon full payment.

8.1 Excluded from the usage rights are rights to reproduce, edit, modify, supplement, translate, or use excerpts unless explicitly agreed and paid separately. Compensation is based on the Producer’s lost profit. This does not affect claims for damages.

8.2 The client agrees that the Producer may make statutory reports to collecting societies. To secure copyright usage rights, the Producer retains the original material (e.g., negatives, master tapes, outtakes).

8.3 The Producer will store the original audio and video material only upon the client’s written request and at the client’s expense. The duration and cost of storage must be specified in the production contract. Additional storage periods must be requested in writing.

If the client acquires the usage rights excluded in 8.1, the client is responsible for archiving unless otherwise agreed. The risk of loss for copies transfers to the client upon delivery.

8.4 The client agrees that the Producer may publish the finished WORK and behind-the-scenes impressions (e.g., photos, clips, text) on their website and social media platforms. The client must ensure that all materials they provide are rights-cleared.

The Producer and its subcontractors are to be held harmless in the event of rights violations.

9. OTHER PROVISIONS

9.1 The opening and closing credits are part of the script and must be approved by the client.

9.2 The Producer is entitled to show their company name/logo as a copyright notice and may use the film for competitions, festivals, and promotional purposes (e.g., showreels).

9.3 If multiple clients commission a production, one must be designated in writing before production begins as the representative authorized to provide binding decisions.

9.4 If there are co-producers, section 8.3 applies accordingly.

9.5 Amendments to the production contract or these terms must be made in writing. If one clause becomes invalid, the remaining clauses remain unaffected.

9.6 The place of performance is the Producer’s headquarters.

9.7 In case of disputes, the court at the Producer’s headquarters shall have jurisdiction.