General Terms and Conditions

1. General Information

Unless individual agreements on the offer specify otherwise or are not agreed upon differently in any other way, the following GTCs shall apply as an integral part of the contract between Sons of  Motion Pictures GmbH (hereinafter “Producer”) and the contractual partner (hereinafter “Contract Awarder”) for the Production of a motion picture (hereinafter “Production”).

2. Scope of the Production

2.1 The Producer undertakes to carry out the Production in accordance with the concept, film script and/or storyboard within the agreed Production period.

2.2 Should the Contract Awarder demand fundamental changes to the agreed concept, film script and/or storyboard and/or other important parameters of the Production after completion of the concept, or, at the latest after acceptance of the storyboard (if produced), the Producer shall either be entitled to make a recalculation or shall remain obliged to produce the Production as originally ordered.

2.3 The Contract Awarder shall have the right to request information as well as the right to inspect the work results at any time during the Production period. However, the Contract Awarder has a duty to provide all the information relevant to the Production, to make locations accessible, to organise people and/or to make decisions within its sphere of influence and jurisdiction.

2.4 The Producer has the right to extend the Production period appropriately without entering into default where circumstances beyond the Producer’s control make it impossible to continue working on the Production. Such non-culpable circumstances include, but are not limited to: Bad weather, illness of Production-relevant persons (especially directors, camera operators and actors), hindrances to the use of the location, inadequate services by third parties, and lack of information and/or decisions by the Contract Awarder.

2.5 The Contract Awarder shall be informed immediately of any hindrances to Production.

3. Requests for correction

3.1 Once the Production has been completed, as per the concept, script and/or storyboard, the Contract Awarder shall be entitled to two free correction phases, during which the implementation of several correction requests may be required. Additional correction phases shall entitle the Producer to a recalculation.

3.2 Correction requests within the meaning of this Contract are suggestions made by the Contract Awarder for changes which affect the Production in detail. These include the dynamics of editing and/or animation, the selection and sequencing of images and/or graphics, the incorporation of visual effects, textures, sounds and music tracks, and the designs of titles and texts. The editing of image errors or other optical flaws is only permissible as a correction request if the Producer is responsible for them.

3.3 Correction requests that result in a fundamental change to the concept, film script and/or storyboard cannot be requested as part of the complimentary correction phase.

3.4 Upon acceptance of the Production by the Contract Awarder, the right to complimentary correction phases and correction requests shall expire.

4. Poor performance, liability & failure of performance

4.1 In the event of non-payment or default of payment on the part of the Contract Awarder, the Producer shall be entitled to interrupt the Production without delay and/or to withdraw any rights of use already granted.

4.2 Both parties shall only be entitled to claim damages in the event of gross negligence or intent. Damage claims for injury to life, limb and health are excluded from this.

4.3 The Contract Awarder shall be exclusively liable for all works protected by copyright which the Contract Awarder requests and/or makes available for the Production.

4.4 The obligation of the Producer to safeguard the raw material of the Production for further uses is limited to three months following acceptance.

5. Rights of use

5.1 After full payment, the Contract Awarder always acquires the non-exclusive right of use to the completed Production at the time of acceptance. All types of use not covered by the non-exclusive right of use must be licensed by means of an extended right of use. The extended right of use shall be specified in more detail in the offer or must be agreed separately in writing.

5.2 For the purposes of this contract, the simple right of use includes:

a) the unlimited upload right of the Production for all social media and online platforms (e.g. YouTube, Instagram, homepage), with the right to unlimited organic distribution (e.g. by uploading, sharing, recommending, inviting) in German-speaking countries (DACH).
b) the use of the Production for trade fairs, sales meetings with the Contract Awarder’s customers, lectures, internal purposes and similar forms of application without any time or place restrictions.

5.3 Extended rights of use are usually (but not conclusively) necessary for:

a) the paid distribution of the Production in social media (paid media), on both online and offline platforms (POS, DOOH), and TV broadcasting and cinema use.
b) public international distribution and screening outside of the German-speaking region (DACH), both online and offline.
c) the transfer or other use of the raw material or project data (e.g. for print and web banners), as well as the right to change these or the Production once completed.
d) the licence provisions of protected works of third parties that conflict with the non-exclusive right of use.

6. Final Provisions

Should individual provisions of this contract be or become invalid, the validity of the rest of the contract shall remain unaffected. Any invalid provisions shall be replaced by mutual agreement by such provisions as are suitable to achieve the desired economic purpose, taking into account the interests of both parties.