If individual agreements on the offer are not otherwise specified or otherwise agreed, the following terms and conditions apply as part of the contract between Sons of Motion Pictures GmbH (hereinafter “Producer”) and the contractual partner (hereinafter “Client”) for the production of a film work or several film works (hereinafter “Production”).
2.1 The Producer undertakes to produce the Production in accordance with the concept, script and/or storyboard within the agreed production period.
2.2 If the Client requests fundamental changes to the agreed concept, screenplay and/or storyboard and/or other important parameters of the Production after completion of the concept, but at the latest after acceptance of the storyboard (if produced), the Producer shall either be entitled to recalculate or shall remain obliged to produce the Production as originally ordered.
2.3 The client has the right to request information and access to work results at any time during the production period. However, the Client shall also be obliged to provide all production-relevant information, make filming locations accessible, organize persons and/or make decisions that fall within the Client’s sphere of influence and legal sphere.
2.4 The Producer shall have the right to extend the production period appropriately without default if circumstances beyond the Producer’s control make it impossible to continue working on the production. Circumstances beyond the Producer’s control include, but are not limited to: bad weather, illness of persons relevant to the production (especially the director, camera and actors), obstacles to the use of the filming location, deficient performance by third parties, as well as a lack of information and/or decisions by the Client.
3.1 After completion of the production in accordance with the concept, script and/or storyboard, the Client shall have the right to two correction phases free of charge, during which the implementation of several correction requests may be demanded. Further correction phases entitle the Producer to recalculate.
3.2 Correction requests within the meaning of this contract are suggestions for changes made by the Client that affect the production in detail. These include, but are not limited to, the dynamics of the editing and/or animation, the selection and sequence of images and/or graphics, the integration of visual effects, textures, sounds and pieces of music, as well as drafts of titles and texts. The retouching of image errors or other visual flaws is only permitted as a correction request if the Producer is responsible for them.
3.3 Correction requests that result in a fundamental change to the concept, script and/or storyboard cannot be requested as part of the free correction phase.
3.4 Upon acceptance of the production by the client, the right to free correction phases and correction requests shall expire.
4.1 In the event of non-payment or default of payment by the Client, the Producer shall be entitled to interrupt production without notice of default and/or to withdraw any rights of use already granted.
4.2 Claims for damages shall only apply on both sides in the event of gross negligence and intent. Excluded from this are claims for damages in the event of injury to life, limb and health.
4.3 The Client shall be exclusively liable for all copyrighted works that the Client requests and/or provides for the production.
4.4 The Producer’s obligation to secure the raw material of the Production for further use is limited to three months after acceptance.
5.1 After full payment, the client shall always acquire the non-exclusive right to use the production at the time of acceptance. All types of use not covered by the
not covered by the simple right of use must be licensed through an extended right of use. The extended right of use is specified in the offer or must be agreed separately in text or written form.
5.2 The non-exclusive right of use within the meaning of this contract includes:
a) the right to upload the Production for all social media and online platforms (e.g. YouTube, Instagram, homepage) for an unlimited period of time, 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 Client’s customers, lectures, internal purposes and similar forms of use, without restriction in terms of time and location.
5.3 Extended rights of use are generally (but not conclusively) necessary for:
a) the paid distribution of the production in social media (paid media), on online as well as offline platforms (POS, DOOH), as well as TV and cinema broadcasting.
b) the public international distribution and screening outside the German-speaking area (DACH), online and offline.
c) the transmission or other use of the raw material or the project data (e.g. for print and web applications), as well as the right to make changes to these or to the production made.
d) the license provisions of protected third-party works that conflict with the simple right of use.
If individual provisions of this contract are or become invalid, this shall not affect the validity of the remainder of the contract. Invalid provisions shall be replaced by mutual agreement by such provisions that are suitable for achieving the desired economic purpose, taking into account the interests of both parties.