General terms and conditions

I. General information

The following gtc apply to all business transactions of the company lifton media gmbh based in bochum they are deemed to be agreed if they are not immediately contradicted special agreements that deviate from the terms and conditions will only be recognized if a written confirmation is provided videos in the sense of these gtc are all products produced by the videographerproducer regardless of the technical form or medium in which they were created or are available moving image sound image sequences paper images electronic still images in digitalized form videos files etc

II. Copyright

The videographer/producer is entitled to the copyright to the visual and audio works in accordance with the copyright act the videos and films produced by the videographer/producer are in principle intended only for the clients own use if the videographer/producer transfers rights of use to his works only the simple right of use is transferred in each case unless expressly agreed otherwise a transfer of rights of use requires a special agreement

The rights of use are transferred to the videographer/producer only after full payment of the fee the purchaser of a video within the meaning of § 60 UrhG has no right to reproduce and distribute the product if the corresponding rights of use have not been transferred § 60 UrhG is expressly waived when exploiting the videos the videographer/producer may unless otherwise agreed demand to be named as the author of the video image and sound a violation of the right to be named entitles the videographer/producer to damages the original files remain with the videographer/producer

III. Fees, retention of title, default fee

For the production of the videos, a fee is set as an hourly rate, daily rate or agreed flat rate; incidental costs (travel expenses, model fees, expenses, props, laboratory and material costs, studio rent, etc.) are included in a flat rate offer, otherwise to be borne by the client. Towards end users, the videographer/producer shall show the fee without value added tax.
The fee must be paid within two weeks of receipt of the invoice at the latest, unless another payment deadline is specified. After a reminder, the client is in default. After the occurrence of default, interest of 10% p.a. shall be charged on the fee. A set-off or the exercise of the right of retention is only permitted against undisputed or legally established claims of the client. Dunning charges and the costs of (also out-of-court) legal intervention shall be borne by the client.

Until full payment of the purchase price, the delivered videos remain the property of the videographer/producer.
Complaints regarding the image conception as well as the artistic-technical design are excluded. The client is aware of the style of the videographer/producer. If the client wishes changes during or after the recording production, he has to bear the additional costs. The videographer/producer retains the right to remuneration for work already begun.
If the client cancels the videographer’s booking for whatever reason, the videographer/producer is entitled to a cancellation fee. This is calculated as follows: 3 to 7 days before the booked date 30%, from 2 days 50% of the agreed total amount, even if no deposit has been paid. Costs for additional orders such as studio rooms, make-up artists, rental equipment, etc. will be charged additionally, regardless of the cancellation fee of Lifton Media GmbH.

IV. Liability

The videographer/producer is liable for the breach of obligations that are not directly related to essential contractual obligations for himself and his vicarious agents only in cases of intent and gross negligence. Furthermore, the videographer/producer is liable for damages resulting from injury to life, body or health, as well as from the violation of essential contractual obligations, which he or his vicarious agents have caused through culpable breach of duty. Unless otherwise agreed, the videographer/producer shall only be liable for damage to recording objects, originals, films, displays, layouts, HDV cassettes or data in the event of intent and gross negligence. In the event of loss or damage to images or other digital media, the obligation to provide compensation is limited to the production of new recordings. Further claims (for example in the case of wedding photographs) are not applicable. The client must insure handed over originals or objects against damage, loss, theft and fire.
The videographer/producer shall keep the data and videos in safe custody. He is entitled, but not obliged, to destroy videos kept by him after one month from the end of the order.
The sending and return of films, images and originals shall be at the expense and risk of the client. The client can determine how and by whom the return is to be carried out.
In the case of reproductions, repeat orders and enlargements, color differences may occur compared to the original or the initial work. This is not a defect of the work and a complaint is not justified by this.

V. Rights of use/ personal rights

The client acquires the rights of use to the videos for private use only. Reproduction and transfer to third parties are granted for private purposes. Commercial use as well as commercial and/or public, non-private reproduction are not permitted( except for commercial use by written permission). Property rights are not transferred.

VI. Cooperation obligations of the customer

The Client shall ensure that the Videographer/Producer is provided with all information required for the execution of the order in good time (directions, special requests, etc.). If the videographer/producer is booked for a wedding or other event, the client shall name a person to the videographer/producer, together with contact details, who will be available to the videographer/producer as a responsible contact person for queries during the event in question and 3 hours before it begins. For events lasting more than 4 hours, the videographer/producer and their assistant shall also be adequately provided with food and drink.

VII. Default in performance, default fee

If the time allowed for the execution of the order is significantly exceeded for reasons beyond the videographer’s/producer’s control, the videographer’s/producer’s fee, if a flat rate was agreed, shall be increased accordingly in proportion. If a time fee has been agreed, the videographer/producer shall also receive the agreed hourly or daily rate for the waiting time, unless the client proves that the videographer/producer has not incurred any damage. In the event of intent or negligence on the part of the Client, the videographer/producer may also assert claims for damages.

Delivery dates for videos are only binding if they have been expressly confirmed by the videographer/producer. The videographer/producer is only liable for exceeding deadlines in cases of intent and gross negligence.

Cancellations shall only be accepted in written form. In the event of cancellation of the order (cancellation of the shooting date) by the client, the agreed remuneration in the amount of 20% shall be due and payable by the client. (Deposit will be retained or offset).

VIII. Data privacy

Personal data of the client required for business transactions may be stored. The videographer/producer undertakes to treat as confidential all information of which he/she becomes aware in the course of the order.

IX. Contractual penalty, compensation for damages

In the event of any unauthorised (without the consent of Lifton Media GmbH) use, application, reproduction or forwarding of the image material for commercial purposes, a contractual penalty amounting to twice the usage fee shall be payable for each individual case, but at least € 1000 per image and individual case. This applies subject to further claims for damages.

The payments provided for in Section VI.1.GTC do not constitute any rights of use.

X. Closing provisions

The place of performance and jurisdiction is the registered office of Lifton Media GmbH.

The GTC are valid as of 01.05.2018