Video Production & Creative Media Services

Elias Hennemeyer

Version: June 2025

Note: In case of discrepancies between the German and English versions, the German version shall prevail.

Clause 1 - Scope and Subject Matter

(1) These General Terms and Conditions (hereinafter "GTC") apply to all contracts between the service provider ([Full Name], hereinafter "Contractor") and companies, public-law legal entities, or public special funds (hereinafter "Client") for services in the areas of video production, post-production, motion design, and related creative media services.

(2) Any deviating, conflicting, or supplementary general terms and conditions of the Client shall not become part of the contract unless the Contractor expressly agrees to their application in writing.

(3) The Contractor provides in particular the following services:

• Concept development and video content creation (incl. storyboard, shot list, script)

• Film production and video shoots

• Editing, colour grading, and post-production

• Motion graphics and animation

• Graphic design and visual production within project scope

• Sound design and audio editing (using licensed music tracks)

Clause 2 - Formation of Contract and Project Basis

(1) Offers by the Contractor are non-binding. A contract is formed upon written order confirmation by the Contractor or upon commencement of service delivery.

(2) Prior to the start of production, the Contractor prepares a concept and, where relevant, a storyboard. These documents require written approval by the Client and form the binding basis for production.

(3) Any Client requests that go beyond the approved concept or storyboard shall be treated as change orders pursuant to Clause 4 and shall be remunerated separately.

(4) Any changes to the ongoing contract or agreed services require written form (email is sufficient) and express confirmation by the Contractor.

Clause 3 - Service Delivery and Travel Expenses

(1) The Contractor delivers services using professional equipment and industry-standard care. The Contractor is entitled to engage qualified subcontractors for project execution. Responsibility towards the Client remains with the Contractor.

(2) Travel and transport costs are charged separately if the shooting location is more than 50 km from the Contractor's place of work (Berlin). The following applies:

• Use of public transport and Deutsche Bahn 2nd class

• Accommodation costs are reimbursed at actual cost following prior agreement

• Rental vehicles or other means of transport require prior written agreement

Clause 4 - Change Requests and Feedback Rounds (Iterations)

(1) The project price includes two (2) feedback rounds (iterations) during post-production. The process is as follows:

• First iteration: A rough cut / first draft is submitted for review. The Client provides consolidated feedback.

• Second iteration: A final cut based on the first round of feedback is submitted for review. The Client may submit final corrections.

(2) An iteration is considered fully used once the Client submits a consolidated feedback list - regardless of the number of individual items it contains. Feedback must be submitted in writing (via Frame.io, email, or written meeting minutes).

(3) Following delivery of a draft, the Client has ten (10) business days to submit feedback. If no feedback is received within this period and no justified exception applies (e.g. documented absence via automatic out-of-office reply), the draft shall be deemed accepted.

(4) Each additional feedback round beyond the two included iterations will be charged at the agreed hourly rate of EUR 150.00 plus applicable VAT. The Contractor will notify the Client of any additional costs before performing the work.

(5) Change requests that deviate from the approved concept or storyboard (e.g. fundamental content changes, structural revisions) are treated as independent additional services and shall be remunerated separately, independently of the iteration rules.

Clause 5 - Acceptance and Delivery

(1) Upon completion of the agreed iterations, the Contractor delivers the final video in a standard digital format (MP4, H.264 or as agreed) via Frame.io, WeTransfer, or a delivery method of the Client's choosing.

(2) Raw footage, project files, and edit versions remain with the Contractor and are not provided as standard unless otherwise agreed.

(3) The final deliverable is stored on the Contractor's server for six (6) months following delivery and remains accessible to the Client during this period.

(4) Acceptance is deemed granted if:

• the Client expressly declares acceptance in writing, or

• no substantiated defects are communicated in writing within ten (10) business days of delivery of the final video (implied acceptance), or

• the Client makes use of the delivered material for its own purposes.

Clause 6 - Copyright and Licensing

(1) All works created in the course of the project (videos, motion graphics, design work, raw footage, etc.) are copyright-protected works of the Contractor.

(2) Upon receipt of full payment of the agreed remuneration, the Contractor grants the Client a non-exclusive, geographically and temporally unrestricted licence to use the works commercially within the Client's own organisation. Transfer of usage rights to third parties (natural or legal persons) is not permitted without the Contractor's express written consent.

(3) Extended usage rights (e.g. sublicensing to third parties, television broadcast, paid advertising for third-party brands) must be agreed separately and will be remunerated additionally.

(4) The Contractor reserves the right to use the produced material (including the Client's brand, name, and company name) for the Contractor's own marketing and portfolio purposes, unless otherwise agreed in writing.

(5) Music used in productions is licensed via a professional music licensing platform (e.g. Musicbed, Artlist, or similar). The Contractor ensures that all music is commercially licensed. Any use beyond the agreed scope (e.g. television broadcast) is the Client's responsibility and may require a separate licensing arrangement.

Clause 7 - Remuneration and Payment Terms

(1) Remuneration is based on the individually agreed offer. Services are invoiced either as a flat project fee or split by project phase (Pre-Production, Production, Post-Production, Equipment, Logistics).

(2) A deposit of 50% of the net fee is due upon order placement. The remaining balance is invoiced following acceptance pursuant to Clause 5.

(3) Transfer of usage rights pursuant to Clause 6 takes effect only upon receipt of full payment of the total remuneration by the Contractor.

(4) Invoices are payable within 14 days of the invoice date without deduction. Upon expiry of this period, the Client is in default without the need for a separate reminder.

(5) In the event of default, late payment interest of 5 percentage points above the base rate of the Deutsche Bundesbank, plus an administrative fee of EUR 20.00 per reminder level, will be charged.

(6) Additional services not included in the original offer will be communicated in writing in advance and charged at the agreed hourly rate of EUR 150.00 plus applicable VAT.

Clause 8 - Cancellation, Project Termination, and Force Majeure

8.1 Cancellation by the Client

In the event of cancellation of a shoot date or project termination by the Client, the following tiered cancellation fees apply:

For projects with a flat-fee arrangement:

• Cancellation more than 14 days before the scheduled shoot day: 25% of the agreed total fee

• Cancellation between 48 hours and 14 days before the shoot day: 50% of the agreed total fee

• Cancellation from the first shoot day onwards: 100% of the agreed total fee

For projects billed by phase: Phases already fully delivered (e.g. pre-production) will be invoiced at 100%. For phases not yet commenced, the tiered cancellation rates above apply on a pro-rata basis.

8.2 Cancellation by the Contractor

If the Contractor is unable to fulfil a scheduled shoot (e.g. due to illness, accident, or total equipment failure), the Contractor will make best efforts to arrange a replacement date. If a replacement date is not possible, the Contractor will refund 100% of payments received for the undelivered services.

8.3 Force Majeure

In the event of force majeure (natural disasters, pandemics, official prohibitions, etc.), the contract is suspended for the duration of the impediment. Both parties are released from their respective obligations. Services already rendered will be remunerated on a pro-rata basis.

Clause 9 - Client Obligations

(1) The Client is obligated to provide the Contractor with all information, materials, and access necessary for service delivery in a timely and complete manner. This includes in particular:

• A complete, written project brief prior to the start of the project

• Access to shooting locations and provision of power and internet connectivity on-site

• Obtaining all required shooting permits (governmental, private, or public)

• Obtaining signed release forms from all persons appearing in the video

(2) The Client shall designate a reachable contact person for the duration of the project.

(3) The Client undertakes to respond to queries from the Contractor within three (3) business days. If the designated contact person is demonstrably absent (e.g. via automatic out-of-office reply), the deadline is extended accordingly.

(4) If a shoot or production is delayed due to insufficient client cooperation, the Contractor is entitled to invoice the resulting costs (in particular downtime and waiting costs) at the agreed hourly rate. If a full shoot day is lost due to unmet client obligations, the agreed day rate or project day will be charged at 100%.

Clause 10 - Liability

(1) The Contractor is fully liable for damages resulting from injury to life, body, or health, as well as for damages caused by intent or gross negligence.

(2) In cases of slight negligence, the Contractor is only liable for the breach of material contractual obligations (cardinal obligations). In such cases, liability is limited to the typically foreseeable damage, but in no event exceeding the net remuneration of the respective project.

(3) Liability for the Client's loss of profit is excluded.

(4) The Contractor uses professional equipment and industry-standard redundancy systems (e.g. dual-card recording). The Contractor accepts no liability for loss of footage resulting from unforeseeable technical failure despite industry-standard care. In such a case, payments already made for the affected service will be refunded on a pro-rata basis, or a reshoot at reduced cost will be offered.

(5) The Client is liable to the Contractor for all damages resulting from the Client's failure to fulfil its obligations under Clause 9.

Clause 11 - Confidentiality and Data Protection

(1) Both parties undertake to treat all confidential information received in the course of the collaboration (trade secrets, strategic plans, customer data, etc.) with strict confidentiality and not to disclose it to third parties. This obligation applies beyond the termination of the contractual relationship.

(2) The Contractor is entitled to share project data with carefully selected subcontractors to the extent required for project delivery, provided those subcontractors are bound by equivalent confidentiality obligations. At the Client's request, the Contractor will conclude separate non-disclosure agreements (NDAs) with subcontractors.

(3) Personal data is processed exclusively for the purpose of fulfilling the contractual relationship pursuant to Art. 6(1)(b) GDPR. Both parties undertake to comply with applicable data protection regulations, in particular the GDPR.

Clause 12 - Final Provisions

(1) These GTC are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

(2) The exclusive place of jurisdiction for all disputes arising from or in connection with this contract is Berlin, provided that the Client is a merchant, a legal entity under public law, or a public special fund.

(3) These GTC are available in German and English. In the event of discrepancies between the German and English versions, the German version shall prevail.

(4) Should any individual provision of these GTC be or become wholly or partially invalid or unenforceable, this shall not affect the validity of the remaining provisions (severability clause). The invalid provision shall be replaced by a valid provision that most closely reflects the economic purpose of the invalid one.

(5) Amendments and supplements to these GTC require written form. This also applies to any waiver of the written form requirement itself.

Elias Hennemeyer
Breslauerstr. 27

33824 Werther (Westf.)

elias@hennemeyer.co