General Terms and Conditions (GTC) – Mawi Motion
Use and Copyright
1.1 The photographer/videographer holds the exclusive copyright to all photos/videos produced within the scope of the respective assignment. Copyrights are non-transferable.
1.2 Upon full and timely payment, the client obtains all usage rights to all photos/films produced within the scope of the respective assignment.
1.3 The client receives exclusively edited high-resolution image material/film material in JPG/mpeg4 format. The quantity is at the discretion of the photographer/videographer and the duration of presence on the day of the assignment. The selection is made by the videographer. The provision of unedited digital raw data (RAW) is excluded. The storage of digital image data/videos is not part of the assignment. Storage is therefore without guarantee.
1.4 The photographer/videographer is granted the right to use photos/films as a presentation of their own work. They may use the image files without restriction for their internet presentation, promotional materials, sample albums, exhibitions, publications in the trade press, photo competitions, social media marketing, or at trade fairs. In justified cases, the client may expressly object to such use of the recordings by the photographer/videographer for individual motifs.
1.5 The client fully indemnifies the photographer/videographer from third-party rights. In case of doubt, the photographer obtains appropriate photo permissions (property release). Any costs are borne by the client.
Payment Terms
2.1 A fee plus any travel expenses/incidental expenses is agreed upon for the services of the photographer/videographer. Travel costs to the filming locations are calculated at 40 cents per KM.
2.2 Due invoices or designated advances are to be paid within 7 days without deduction. Until full payment is made, the photos, films, albums, prints, etc. remain the property of Mawi Motion.
2.3 If the time allotted for the execution of the assignment is significantly exceeded for reasons beyond the videographer’s control, or if extended by the client’s request, the photographer/videographer’s fee increases, provided a flat rate was agreed upon based on a timeframe, corresponding to the additional time spent. If an hourly rate is agreed upon, the photographer/videographer receives the agreed hourly or daily rate for waiting time.
2.4 The first payment is due within 7 days after contract conclusion. The remaining amount as contractually regulated.
2.5 Exceptions to this are cases of illness (client) or death (family) leading to project cancellation. An assessment/proof of the situation is at the discretion of the photographer/videographer. If the project will proceed at a later date, this contract remains valid if it is feasible for the videographer.
2.6 The offer includes two revisions of the film; should the client request additional revisions, this will be invoiced with a flat rate for post-production (800.00 € net).
2.7 Costs agreed upon after the fixed order confirmation, regardless of the actual consumption (“fixed costs”), must be paid in full by the client, with a flat deduction made for saved expenses and/or alternative use or malicious non-use of labor, as follows:
a) For cancellations made after the fixed order confirmation but before the determination of a shooting date, the client must pay a lump sum to settle the work already performed in the amount of €1250.
b) For cancellations up to and including the day 11 weeks before the shooting date, a flat deduction of 35% is made, and the client must pay 65% of the fixed costs.
c) For cancellations up to and including the day 5 weeks before the shooting date, a flat deduction of 15% is made, and the client must pay 85% of the fixed costs.
d) For cancellations up to and including the day 1 week before the shooting date, a flat deduction of 5% is made, and the client must pay 95% of the fixed costs.
e) For cancellations less than 1 week before the shooting date, a flat deduction of 0% is made, and the client must pay 100% of the fixed costs.
Contract Duration / Termination
3.1. In the case of continuous obligations, each party can terminate the contract in accordance with the agreed notice period.
3.2. If the contract is not terminated with a notice period of one month before the end of the chosen contract term, it is extended indefinitely and can then be terminated at any time with a notice period of one month to the end of each respective quarter.
3.3. The right to terminate the contract for cause remains unaffected. An important reason exists for Mawi Motion, in particular, if the customer violates essential provisions of this contract and the contractual violation is not remedied within two weeks after written request (text form is sufficient), provided that such a deadline or request is not exceptionally dispensable considering the severity of the breach of duty or other circumstances.
3.4. Each termination requires written form.
Liability/Transfer of Risk
4.1 The photographer/videographer is liable for damages of any kind incurred in connection with the contract fulfillment only in cases of intent and gross negligence, for themselves and their vicarious agents. This does not apply to damages to life and limb as well as from the violation of essential contractual obligations caused by culpable breaches of duty by them or their vicarious agents.
4.2 The photographer/videographer is liable for damages or loss of negatives or digital image data/video material only in cases of intent and gross negligence. The liability amount is generally and in each case limited to the agreed total amount.
4.3 For damages, defects, or loss caused by subcontractors or suppliers who provide their services at their own expense, the photographer/filmmaker is not liable.
4.4 The delivery of photos/films generally takes place approximately 8-12 weeks after the project’s filming days.
4.5 The risk and costs of transporting data carriers, files, and data online and offline lie with the client or the supplier. The photographer/videographer determines the manner of transmission.
4.6 However, if circumstances beyond the photographer/videographer’s control (e.g., sudden illness, traffic accident, environmental influences, traffic disruptions, etc.) prevent the photographer/videographer from appearing at the agreed photo shoot or arriving late, no liability can be assumed for any resulting damages or consequences.
4.7 Any complaints of any kind must be received by the photographer/videographer within 7 days of the delivery of the images/film. After the deadline, the images are deemed to have been accepted in accordance with the contract and free of defects.
Data Protection
5.1 The client agrees that their personal data necessary for business transactions will be stored. The photographer/filmmaker undertakes to treat all information obtained in the course of the assignment confidentially.
Final Provisions / Severability Clause
6.1 Only the law of the Federal Republic of Germany applies.
6.2 Mawi Motion performs its services exclusively on the basis of these terms and conditions. This also applies to all future services unless the terms and conditions are explicitly changed.
6.3 Supplementary agreements to the contract do not exist and, if desired subsequently, require written form for their effectiveness.
6.4 The possible nullity or ineffectiveness of one or more provisions of these GTC does not affect the validity of the remaining provisions.
6.5 In the event that the client does not have a legal venue in the Federal Republic of Germany or moves their place of business or habitual residence abroad after conclusion of the contract, the court responsible for the seat of Mawi Motion is agreed upon as the legal venue for all disputes. The law of the Federal Republic of Germany applies.
