terms & Conditions
I. Scope
Our deliveries and services are provided exclusively based on the following General Terms and Conditions for Images and Videos (hereinafter "GTC") of haze film GmbH, Linienstraße 144, 10115 Berlin (hereinafter "Provider").
These GTC apply to all services or contracts between the Provider and its clients (hereinafter "Client") regarding consultation, creation, production, pre- or post-processing of one or more images or video material, as well as all related services (hereinafter "Service"). The Client's general terms and conditions are expressly excluded. Individual agreements take precedence over these GTC (§ 305b BGB).
The Client is the person who commissions the order in writing or verbally, even if the invoice is issued to a third party at their request. If the order is placed on behalf of a third party, the Provider must be explicitly informed – these GTC also apply to the third party. The Provider is not obliged to verify the authority of the person placing the order.
Our offers are non-binding. The Provider is obliged to provide a written order confirmation only if explicitly requested by the Client.
These GTC are deemed accepted upon receipt of the Provider's offer, or at the latest upon acceptance of the delivery or service by the Client.
The Client may object to these GTC in writing within three days. Deviating terms of the Client are valid only if the Provider explicitly acknowledges them in writing. In ongoing business relationships, these GTC also apply to all future services unless explicitly agreed otherwise.
II. Commissioned Productions
Commissioned productions are based on the individual offer.
If the scheduled production time is exceeded for reasons beyond the Provider’s control, the Client must pay additional compensation based on the agreed hourly rate or a reasonable increase of the flat fee.
The Provider is entitled, after informing the Client, to independently commission third-party services required for the production on behalf of and for the account of the Client.
Shooting dates and production days are coordinated between Provider and Client according to the availability and capacity of the Provider’s crew.
Unless otherwise agreed, the Client preselects materials presented for approval after production.
If no written complaints are received within two weeks after delivery, the production is deemed accepted as contractually compliant and free of defects.
The Provider is entitled but not obliged to reject the inclusion of materials, texts, images, or other data, objects, and/or persons if technical reasons, legal regulations, public morals, or third-party rights are violated, or if content could seriously endanger minors. Content that incites racial hatred (§ 131 StGB), glorifies war or violence, is pornographic, or violates criminal law is strictly prohibited. If violations are discovered after use, the Provider may remove the content. No claims arise for the Client. The Provider has the right to terminate the contract without notice.
If submitted materials contain illegal content, the Provider may terminate the service. The Client is fully liable for any resulting costs.
III. Provided Image or Video Material (Analog and Digital)
These GTC apply to all image, video, or other data material provided by the Client, regardless of technical form or creation stage, including electronic or digital transmission.
The Client acknowledges that materials delivered by the Provider are protected works under § 2(1) UrhG (German Copyright Act).
Design proposals or concepts provided by the Client constitute separate, fee-based services unless agreed otherwise.
The provided material remains the property of the Provider, even if compensation has been paid.
The Client must handle the material carefully and may only share it with third parties for internal review, selection, or technical processing. Complaints must be made within two weeks of receipt; otherwise, the material is considered properly received and free of defects.
The success and quality of the service depend significantly on the Client’s cooperation. Unless otherwise agreed, the Client shall provide the necessary materials in time and at their own expense.
IV. Usage Rights for Image Material
Unless otherwise agreed, the Client receives a non-exclusive usage right for one-time use, national, and limited to three months. Publication on the Internet or in digital databases is allowed within the publishing period of the respective medium or comparable print object.
The Provider must be credited in media requiring attribution.
Exclusive, medium-specific, or territorial rights and embargo periods require a separate agreement and incur at least a 100% surcharge on the base fee.
Any use beyond the agreed scope requires additional payment and the Provider’s consent, including secondary exploitation, editing, digitization, reproduction, distribution, and publication on media or online.
Alterations via photomontages or other electronic or non-electronic tools are only permitted with written approval and must be marked with [M].
Usage rights may not be fully or partially transferred to third parties unless expressly permitted.
Granting of usage rights is conditional upon full payment of all claims under the contract.
In case of payment default, these rights are suspended.
The Provider is not obliged to hand over raw data, editing files, or intermediate results unless agreed otherwise.
After the usage period expires, any further rights require written approval.
V. Usage Rights for Video Material
Upon full payment, the Provider grants the Client a geographically and substantively unrestricted, transferable usage right for the video material, national, for three months, and for online and offline media.
The rights include broadcast rights, public performance, on-demand rights, database and telecommunications rights, reproduction and distribution rights, and synchronization rights.
The rights are conditional upon full payment. In case of payment default, the rights are suspended.
The Provider is not obliged to provide raw or open files unless agreed in writing.
After the usage period expires, further rights require written confirmation.
VI. Liability
The Provider is not liable for rights violations regarding depicted persons or objects unless explicitly agreed in writing.
The Client is responsible for acquiring rights beyond copyright, such as publication permissions for museums.
The Client is responsible for captions and context of their publication.
After proper delivery, proper usage is the Client’s responsibility.
VII. Fees
The agreed fee applies, otherwise according to the current MFM image fee schedule. All fees are plus applicable VAT.
Additional costs such as materials, models, travel, etc., are borne by the Client.
The fee is due upon delivery and payable within 10 business days. Partial payments may be required for partial deliveries.
The fee is payable in full even if the work is not published.
Rights of retention or set-off are only permitted for undisputed or legally established claims.
VIII. Return of Materials
Analog material must be returned no later than three months after use. Digital data must be deleted or destroyed after use.
Return is at the Client’s expense and risk.
IX. Data Retention
The Provider stores data for a maximum of one year after transfer; longer availability cannot be guaranteed.
X. Provider’s Usage Rights
Upon payment, the Client permits the Provider to use the materials for self-promotion and references in all media.
XI. Contractual Penalty and Compensation
Unauthorized use incurs a contractual penalty of five times the fee. Incorrect copyright notices result in a 100% surcharge.
XII. General Provisions
Jurisdiction is Berlin if the Client is a merchant, legal entity under public law, or special fund.
Side agreements must be in writing.
If any provision is invalid, the remaining provisions remain effective. The invalid provision shall be replaced by a valid one that comes closest to the economic purpose.
As of: Berlin, haze film GmbH
