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(GTC)
General Terms and Conditions
1.
Scope
The following General Terms and Conditions of Delivery and Business (hereinafter referred to as GTC) apply to all assignments, offers, deliveries, and services carried out by filmmaker Isabelle Duchêne (hereinafter referred to as the filmmaker). These GTC also apply to all future business relationships, even if the filmmaker does not explicitly refer to them in the future.
The filmmaker does not recognize any conditions of the client that deviate from these GTC. Such conditions will not become part of the contract, even if the filmmaker does not explicitly object to them. Any deviating terms and conditions of the client are invalid unless they have been previously discussed and explicitly agreed upon in writing. By placing an order, the client acknowledges the exclusive validity of these GTC.
2.
Conclusion of Contract
Offers from the filmmaker are non-binding and subject to change. A contract is only concluded when the filmmaker confirms the client’s order after the client has confirmed the offer in writing.
If the client confirms the offer orally, the contract is also only concluded upon written confirmation of the client’s order by the filmmaker. However, the client has the right to revoke the contract in writing within two working days.
3.
Scope of Services
1. The scope of the agreed services is determined by the offer provided by the filmmaker. Any subsequent changes require written agreement.
2. If the client does not specify any requirements for the service (such as concept, design, and/or technology), the filmmaker is free to execute the project as she sees fit.
3. All work will be carried out to the best of the filmmaker’s knowledge and judgment, considering a balanced relationship between cost-efficiency and the best possible outcome for the client.
4. If the client requests changes during or after service execution beyond the agreed offer, they must bear the additional costs. If the execution of the assignment is delayed due to reasons attributable to the client, the filmmaker may demand reasonable additional compensation.
5. The filmmaker does not provide legal advice and does not verify the legal, particularly competitive, trademark, or copyright compliance of the provided services.
6. The parties acknowledge that exact color reproduction across different technical systems is not possible and that colors displayed on electronic devices may vary. Deviations from the sample approved by the client cannot be considered a defect.
4.
Involvement of Third Parties
1. The filmmaker is entitled to involve qualified third parties and subcontractors to execute the assignment.
2. The filmmaker is authorized to share necessary information with these third parties and subcontractors for the fulfillment of the assignment and to provide them with the client’s materials.
5.
Client’s Obligations
1. If the client provides external material (not produced or licensed by the filmmaker), they confirm that they have acquired all necessary usage rights, including copyrights, related rights, and other legal permissions. The filmmaker is allowed to use these materials within the commissioned project. Any exceptions or restrictions must be communicated in writing.
2. The client is solely responsible for spelling or grammatical errors in supplied texts, logos, etc., as well as for compliance with third-party rights (e.g., trademark rights, competition law, personality rights).
3. The client indemnifies the filmmaker against all costs and third-party claims resulting from violations of copyright, competition law, press law, criminal law, or other legal provisions.
4. The client may not assign or transfer rights or obligations from the contract to third parties without the explicit prior consent of the filmmaker.
6.
Compensation & Payment Obligations
1. The valid offer at the time of contract conclusion applies unless otherwise agreed. Any later price changes require separate discussion and written agreement.
2. Payment is due immediately, but no later than 14 days after invoicing, as specified in the invoice, without deductions. Exceptions require the filmmaker’s written approval.
3. If the order is canceled before the planned start of work, the following cancellation fees apply:
- Less than 72 hours before the start: 30% of the agreed fee.
- Less than 48 hours before the start: 50% of the agreed fee.
- Less than 24 hours before the start: 100% of the agreed fee.
4. Invoices are sent to the client via email.
5. If payment is not received within the agreed period (14 days), a payment reminder will be issued immediately thereafter.
•If payment is not received within 30 days without a valid reason, a legal dunning procedure will be initiated.
- Late payment fees:
- First reminder: €5 fee
- Second reminder: €10 fee
- Each reminder allows a payment deadline of 5 days.
- If no payment is received after the second reminder, the case will be handed over to a lawyer without further notice.
7.
Transfer of Rights
1. The work remains the property of the filmmaker until full payment is received. Any use of the work before complete payment is prohibited.
2. Copyright always remains with the filmmaker.
3. Upon full payment, the filmmaker grants the client usage rights to the production as agreed, without time, geographical, or content restrictions, unless otherwise specified in writing.
4. The filmmaker is explicitly allowed to use produced works for self-promotion, including online and on digital storage media. Any exceptions (e.g., internal communication, paid content, confidentiality agreements, third-party rights) must be communicated in advance.
8.
Confidentiality Obligation
The filmmaker is obligated to maintain confidentiality regarding all business and trade secrets of the client, as well as confidential details of the production.
Written confidentiality agreements can be arranged in individual cases.
9.
Liability
1. The filmmaker is not liable for the work achieving specific results (e.g., revenue increase, advertising impact).
2. The client is responsible for obtaining necessary filming permits, access rights, and third-party permissions (e.g., personality rights, property rights, actor fees) unless otherwise agreed.
- If third-party rights (e.g., property rights, personal rights) are violated during proper execution of the assignment, the client is liable.
- The client assumes responsibility for any third-party claims related to personality rights or image rights and indemnifies the filmmaker from all claims in this regard.
10.
Severability Clause
Should any provision of this contract be invalid or unenforceable, the validity of the remaining provisions shall remain unaffected. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision that most closely aligns with the economic intent of the original provision.
The same applies if the contract contains any omissions.