- Scope of Application
The following General Terms and Conditions (GTC) form part of all contractual relationships between the client and heartwork productions GbR, Württemberger, Württemberger (hereinafter referred to as „heartwork productions“). These GTC apply accordingly to any supplementary or follow-up orders concluded in the future. Provisions that amend or revoke these GTC are only valid if confirmed in writing by heartwork productions. By placing an order in writing, the client expressly agrees to these GTC. Conflicting terms and conditions of the client shall only apply insofar as heartwork productions expressly acknowledges them in writing.
- Placement of Orders
2.1 Pre-contractual communications, in particular offers, descriptions and cost estimates, are non-binding unless expressly agreed otherwise.
2.2 The placement and acceptance of orders, as well as any amendments or additions to them, must be made in writing. Oral side agreements made at the time of contract conclusion are only valid if confirmed in writing by heartwork productions. This also applies to contract amendments made after the contract has been concluded.
- Costs
3.1 The prices stated by heartwork productions are in euros (€) and are exclusive of statutory value-added tax, unless VAT has been expressly indicated. The contractually agreed price includes the total production costs, provided the film is produced in accordance with the specifications in place at the time the order was placed, in particular the approved script. The price also includes the provision of a first copy suitable for screening, the format of which is to be agreed in writing by the parties upon signing the contract. Travel and material costs are not included in the price and shall be separately reimbursed by the client upon separate proof.
3.2 If the client requests changes to the schedule, the manuscript, the script, or already produced parts of the film prior to acceptance of the film, these changes shall be at the client’s expense, unless they concern the assertion of justified defect claims. heartwork productions shall inform the client without delay of the expected costs of such changes.
3.3 Weather-related postponements or cancellations of a shoot (weather risk) are not included in the calculated production costs. Any resulting additional costs shall be separately reimbursed by the client upon proof. The same applies to additionally required filming days that are not attributable to intentional or grossly negligent conduct on the part of heartwork productions.
3.4 If a reshoot becomes necessary without this being caused by intentional or grossly negligent conduct on the part of heartwork productions, for example due to equipment or material damage, the client may not claim reimbursement of any resulting travel costs or loss of earnings.
- Production
4.1 Production is carried out on the basis of a script approved by the client prior to the start of production. If the creation of a script is not planned, the agreed concept and content of the film must be specified in writing in another form at the latest when the order is placed.
4.2 The artistic and technical design of the film is the responsibility of heartwork productions. The client is responsible for the factual accuracy and legal permissibility of the film content, insofar as its specifications were followed by heartwork productions.
4.3 After completion of the rough cut, the client is given the opportunity to view the preliminary version of the film. If the client approves the rough cut, subsequent complaints regarding this are excluded.
- Schedule
5.1 Before production begins, the client and heartwork productions shall agree on a date for completion of the film work.
5.2 If it becomes apparent during production that the agreed schedule cannot be met, heartwork productions shall inform the client without delay of the reason for and expected duration of the delay.
5.3 If the delay is caused by circumstances for which the client or third parties attributable to the client are responsible, in particular if required contributions from the client are not provided in time, the agreed completion date may be exceeded accordingly. Any additional costs resulting from such a delay shall be borne by the client.
5.4 In the event that the agreed completion date cannot be met due to extraordinary circumstances that heartwork productions, despite exercising due care, can neither influence nor foresee (e.g. natural forces, strikes, lockouts, official orders, general disruptions to telecommunications, etc.), Section 5.3 shall apply accordingly.
- Acceptance
6.1 After completion of the film, heartwork productions shall provide the client with a copy of the film work and/or a screening of the film shall take place, giving the client the opportunity to view the film and check it for any defects.
6.2 The client is obliged to state whether they accept the film in its completed version or, if applicable, request improvements. If the client does not respond within 14 days of delivery or screening, the film shall be deemed accepted. Subsequent complaints are excluded.
6.3 The client is obliged to accept the film provided that the finished film complies with the specifications of the approved script, including any change requests from the client, and meets general technical and quality standards.
6.4 Requests from the client for improvements based solely on the artistic execution of the approved concept may only be made once. After the correction has been made, heartwork productions is not obliged to make any further purely artistic changes.
6.5 If the client wishes to make changes after acceptance of the film, they must notify heartwork productions of the desired changes in writing. Such changes shall be at the client’s expense.
6.6 Der Auftraggeber ist erst nach finaler Acceptance des Films und Freigabe durch Heartwork Productions zur Veröffentlichung des Films berechtigt. Vorschauversionen, die dem Auftraggeber zur Abstimmung in der Postproduktion gezeigt oder geschickt wurden dürfen nicht öffentlich verwendet werden. Eine nicht öffentliche Verwendung dieser Vorschauversionen bedarf einer Zustimmung von Heartwork Productions.
- Payment Terms
7.1 Invoice amounts are due upon receipt of the invoice.
7.2 Unless otherwise agreed, payment shall be made in the following installments: 1/3 upon conclusion of the contract, 1/3 at the start of filming, 1/3 upon acceptance.
- Copyright
8.1 heartwork productions holds all copyright exploitation rights required to achieve the purpose of the contract, or will acquire such rights to the necessary extent, insofar as they are not held by a collecting society.
8.2 After completion of the film work and full payment of the production costs, heartwork productions grants the client the agreed rights of use in and to the film, within the agreed temporal and geographical scope, insofar as these rights belong to heartwork productions itself, have been transferred by the filmmakers, or have otherwise been acquired from the rights holder within the customary commercial scope.
8.3 Unless otherwise agreed, the acquisition of rights by the client includes the right to publicly screen the film within the agreed scope (temporally and geographically) and to distribute copies of the film. The acquisition and transfer/granting of rights held by collecting societies (e.g. GEMA, GVL) and/or rights and approvals of the FSK (the German voluntary self-regulation body for the film industry) are not part of the contract. These rights and/or approvals must be obtained by the client themselves and at their own expense.
8.4 Excluded from the granting of rights are, in particular, the rights to edit, modify, supplement and dub into foreign languages, unless expressly agreed in the contract and separately compensated.
8.5 heartwork productions is entitled in any case to display its own company name and/or company logo as a copyright notice. Regardless of the scope of the transferred rights of use, heartwork productions has the right in any case to screen or have the film work screened at competitions and festivals as well as for its own promotional purposes. In this context, heartwork productions is entitled to adapt or re-edit the material for other formats.
8.6 The client expressly acquires only the rights of use to the finished, contractually agreed product. The transfer of raw data requires a separate contractual agreement and payment, unless expressly regulated in the contract.
- Liability
9.1 For damages other than those resulting from injury to life, body or health, heartwork productions is only liable insofar as such damages are based on intentional or grossly negligent conduct, or on culpable breach of a material contractual obligation by heartwork productions or its vicarious agents. Any further liability for damages is only assumed within the scope of the business liability insurance taken out by heartwork productions.
9.2 If filming takes place at the client’s business and/or operational premises at the client’s request, heartwork productions shall not be liable for any resulting business interruptions.
- Final Provisions
10.1 Should any provision of this contract be or become invalid or unenforceable, the remaining provisions of the contract shall remain unaffected.
10.2 Amendments to the contract and/or these General Terms and Conditions must be made in writing, including by fax and email.
10.3 All legal relationships between the client and heartwork productions are governed exclusively by the law of the Federal Republic of Germany, in particular excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
10.4 The place of performance is the registered office of heartwork productions GbR in Munich.
10.5 The exclusive place of jurisdiction is Munich.