GTC

General Terms and Conditions of Mainfilm GmbH and “lookin’ Friday” for orders regarding film productions, journalistic or general creative works.

Preamble

The following terms and conditions govern the contractual relationship between the client or supplier and lookin’ Friday/Mainfilm. Explicit reference to these terms is not required. Any general terms and conditions of the client or supplier are hereby expressly objected to insofar as they contradict the following terms.

1. Service Provision

The client defines the task, based on which the planning for fulfilling this task is carried out. lookin’ Friday/Mainfilm may then create a written concept. Unless the contracting parties agree otherwise, written concepts are subject to remuneration. If written concepts are created during contract initiation, they shall be remunerated even if the order is not placed, unless otherwise agreed. The contractually agreed price includes all production costs, including a master copy, as well as the granting of rights to the film work or journalistic/creative work such as text, concept, contribution or treatment to the extent provided in Section 8 “Copyright, Usage Rights”.

2. Obligations of the Client

The client is obliged to support lookin’ Friday/Mainfilm in the production with all means at its disposal free of charge. In particular, all information necessary for production must be made available to lookin’ Friday/Mainfilm and its employees. If the use of the client’s premises is necessary for the execution of the order, the client must guarantee lookin’ Friday/Mainfilm and its employees access to these premises. At the latest when the order is placed in writing, lookin’ Friday/Mainfilm must be given the name of a contact person with decision-making authority in connection with the execution of the order. This contact person is in particular authorized to make legally binding statements regarding any production extensions, changes to the production goal or production dates, and any resulting additional expenses. All measures to ensure smooth access to the site and the set-up location must be prepared by the client! The application for official permits or the request for building authority
inspections, etc., as well as the costs incurred as a result, must be carried out or assumed by the customer/organizer, if necessary.

3. Costs

The prices quoted or agreed by lookin’ Friday/Mainfilm in the offer are subject to the proviso that the order data on which the offer and any written concept are based remain unchanged in accordance with clause 1. Our prices are quoted in US dollars plus statutory VAT. The client is entitled to request changes to the content and scope of the production. This also applies to parts that have already been rendered and delivered. If changes lead to a delay or additional expenditure or render advance services already rendered useless, and if this is not insignificant, lookin’ Friday/Mainfilm shall inform the decision-making contact person named in section 2 of the expected extent of the delay and additional expenditure. If the contracting parties are unable to agree on an appropriate adjustment to this contract, lookin’ Friday/Mainfilm shall be entitled to reject the request for change. All changes to services must be agreed in writing in a supplementary agreement before the start of execution, in which additional remuneration and changes to the schedule must be specified in particular. The costs for production shall amount to the amount specified in the contract or order plus statutory value added tax. Unless specified in detail in the offer, the following costs are not included: reproductions, any foreign language versions, rights to the work created in the course of the order.
Security fencing, camera platforms, travel expenses: Travel arrangements must be agreed with the client in advance and included in the quote.
Take into account standard conversions from German to international television standards (NTSC, SECAM), music rights (Gema and publishing fees), license costs for e.g. photos, music, stock footage, etc., parking fees, transportation, catering, rental cars, travel expenses, and accommodation costs (for shoots outside Frankfurt am Main) are to be invoiced separately according to expenditure or provided by the client. This cost estimate is based on the information you have provided. The actual costs may change during the course of production and will be included in the final invoice. In the event of substantial changes to the scope of services or if the agreed budget is exceeded, we will inform you before execution. A daily rate for personnel
In-house and off-site production includes 8 hours. Any additional working hours will be charged at an overtime rate of 20% of the respective tariff. Working hours between 10 p.m. and 6 a.m. will be charged at an additional night rate of 25%.
Our offer is subject to the availability of technology and personnel. The final reservation will be made after receipt of your written confirmation within 14 days. Disclosure to third parties is only permitted with our prior written consent.

4. Cancellation/Cancellation

5. Delivery times and dates

All delivery times and dates specified by lookin’ Friday/Mainfilm are non-binding unless they are expressly designated as binding by lookin’ Friday/Mainfilm in writing. lookin’ Friday/Mainfilm will endeavor to meet all deadlines to the best of its ability. If lookin’ Friday/Mainfilm is waiting for cooperation or information from the client, or if the execution of the order is impeded due to force majeure or a strike or lockout at the client’s premises or other circumstances beyond the control of lookin’ Friday/Mainfilm, the delivery times and dates shall be extended by the duration of the impediment and by a reasonable start-up period after the end of the impediment. lookin’ Friday/Mainfilm shall notify the client of the hindrance without delay.

6. Acceptance

Unless otherwise agreed, two rounds of corrections are included (first cut feedback round I – second cut – feedback round II – final cut). If the client has any change requests beyond the scope of the correction rounds, these must be communicated to lookin’ Friday/Mainfilm. Any additional work required for these changes will be charged at an hourly rate of €90.00.

7. Terms of payment

Upon acceptance of the order, 50% of the agreed final amount is due. Production begins after receipt of the down payment. Delivery of the master file takes place after receipt of the remaining amount, or as agreed. Payments are due upon invoicing and, unless otherwise agreed, must be made within 10 days of invoicing at the latest. Any complaints regarding invoices must be made within 5 days of the invoice date. If a payment term is agreed, the customer guarantees that payment will be received by lookin’ Friday/Mainfilm by the end of the payment term.

8. Copyright, usage, and exploitation rights

Until all claims arising from the contract have been fulfilled, the (partial) services provided by lookin’ Friday/Mainfilm remain the property of lookin’ Friday/Mainfilm (retention of title). After that, the client is entitled to the rights of use and exploitation of the commissioned work. Image and audio material from commercial archives (footage, photography, music) is subject to the license terms of the respective provider. Rights of use for content subject to licensing are generally licensed for online use for a period of one year and must be extended thereafter if the end product continues to be used
. If unlimited use is desired, this can be specified before the start of the project. Rights of use for GEMA-free music from commercial archives are usually granted for an unlimited period of time, but only for online use. From the time these rights of use and exploitation are transferred, the client is solely liable for any
Violations of usage rights. The client indemnifies lookin’ Friday/Mainfilm against any claims in this regard. Films, images, graphics, and/or texts delivered by lookin’ Friday/Mainfilm are protected by copyright and are available to the contractual partner for the duration of the agreement and for the agreed purposes. Any further use, reproduction, or modification is only permitted
with the written consent of lookin’ Friday/Mainfilm. The client is not granted any rights to the raw material produced. Rights of use to the raw material can be acquired before or after the project if required.

9. Warranty

The client must notify lookin’ Friday/Mainfilm immediately in writing of any defects that arise. The warranty provided by lookin’ Friday/Mainfilm is governed by the provisions of the German Civil Code (BGB) relating to contracts for work and services.

10. Insurance

The client must ensure adequate insurance coverage for all items handed over to lookin’ Friday/Mainfilm. Insurance for these items is not provided by lookin’ Friday/Mainfilm and must be arranged separately. Mainfilm will ensure adequate insurance coverage for its own crew and equipment for the duration of the production. Crew members hired by the client must be insured by the client. Mainfilm is not liable for any other damage caused by or during production. Any insurance for this must be provided by the client (fire liability, vehicle insurance, property insurance for equipment not used by Mainfilm, etc.).

11. Confidentiality

Both parties are obliged to maintain confidentiality regarding information received in connection with the execution of the order, unless such information has already been published. This also applies to employees or other third parties involved.

12. Other agreements

lookin’ Friday/Mainfilm is entitled to cite services rendered for the client as a reference and to include the client in its list of references. lookin’ Friday/Mainfilm has the right to use the finished production, including raw material, for demonstration and advertising purposes, as well as for web ads. lookin’ Friday/ Mainfilm retains the right to advertise with the produced content, including raw material, and to use it for other productions, without any restrictions in terms of time, location, or platform.
The client grants lookin’ Friday/ Mainfilm the right to use the finished production, including raw material, for demonstration and advertising purposes, as well as for web ads.

13. Place of performance, place of jurisdiction

The place of performance for the mutually owed services is the registered office of the client. The exclusive place of jurisdiction for lookin’ Friday GbR/Mainfilm is Frankfurt am Main.

14. Data backup and archiving

lookin’ Friday/Mainfilm is not obligated to archive the data created within the scope of the order after delivery of the master file. If archiving is desired, it can be booked as an optional extra. If archiving is not booked by the client, lookin’ Friday/Mainfilm is free to delete the data created within the scope of the order. Archiving can
also be booked retrospectively. The data is scaled with a data volume <1TB for €250.00/year (each additional TB started costs €250.00/year). The produced video and photo material is backed up and the open project files are stored on a central storage system. At the same time, the data is backed up on two independent HDDs. The HDDs are stored in different locations.

15. Other