Terms

1.1 These terms and conditions apply to all contractual relationships between the client and WACH Studio GmbH, Hakenbusch 5, 49078 Osnabrück, Germany (hereinafter referred to as “WACH”). They also apply to future supplementary or follow-up orders.

1.2 Provisions that amend or revoke these terms and conditions are only valid if they have been confirmed in writing by WACH. By placing a written order, the client expressly agrees to these terms and conditions. Conflicting terms and conditions of the client only apply insofar as WACH expressly acknowledges them in writing.

2.1 All offers from WACH are subject to change and non-binding. A contract is only concluded upon written order confirmation by WACH. Text form (email) counts as written form.

2.2 Concepts, presentations, plans and calculations remain the intellectual property of WACH and may not be passed on to third parties without express consent.

3.1 The contractually agreed budget includes all production costs, provided the film is produced according to the approved specifications. Additional costs for subsequent changes are borne by the client.

3.2 Two rounds of changes are included in the budget. Additional changes are subject to a charge.

3.3 Weather-related cancellations or postponements of shoots are not included in the budget. Additional costs are charged according to effort.

4.1 The client makes the following payments upon invoicing: the order is invoiced after completion. For orders of €5,000 net or more, WACH reserves the right to invoice a down payment after the order has been placed. Any additional costs/extension days are remunerated according to effort with the final invoice.

4.2 Payment term: 14 days net

4.3 Late payment results in a reminder fee of 40 euros.

4.4 Late payment postpones the delivery date by the duration of the delay.

5.1 Production is based on a concept/script provided by the client or developed jointly.

5.2 After the concept has been approved, WACH begins pre-production, which includes, among other things, enquiries to service providers, location scouting and equipment booking.

5.3 Raw footage is stored free of charge for 12 months. Extensions can be agreed for a fee.

6.1 After completion of the film, the client is given the opportunity to review the preliminary version.

6.2 If no complaint is made within 7 days, the film is deemed accepted.

6.3 Tacit use or publication of the film is deemed acceptance.

7.1 The client ensures that required materials, logos, consents etc. are made available in good time.

7.2 Filming on the client’s premises: the client ensures that all persons involved sign a consent form.

7.3 The client is responsible for the factual accuracy of the film content, in particular with regard to advertising and product claims, as well as its legal permissibility.

8.1 Cancellation fees:
– Bis 1 Monat vor Drehbeginn: 30 % des Honorars
– Bis 2 Wochen vor Drehbeginn: 60 %
– Weniger als 1 Woche vor Drehbeginn: 90 %

8.2 Cancellation costs for third-party services (locations, actors etc.) are passed on at 100%.

9.1 Rights of use only pass to the client after full payment.

9.2 Standard rights of use are limited to 12 months. Extensions must be agreed separately.

9.3 A total buyout (complete transfer of rights) is only possible by separate agreement.

10.1 If music subject to GEMA licensing is used, the client must obtain the necessary rights themselves.

10.2 WACH supports the choice of music but cannot guarantee specific music rights.

11.1 WACH’s liability is limited to the amount of the fee.

11.2 The client is responsible for the factual and legal accuracy of the content.

12.1 Both parties undertake to keep all business information confidential.

12.2 It is prohibited to poach or hire employees of the other party.

13.1 The place of jurisdiction is Osnabrück.

13.2 Written form clause: amendments and side agreements must be made in writing.