AGB - Cinemepic

Item 01: Requests & Offers

We treat all inquiries with the utmost care and attention. Each request is followed by a questionnaire to clarify certain information in advance and to see if we are the right partner for the project and if the client can provide the right financial and time resources to successfully start the project. We reserve the right to refuse requests for ethnic, moral and political reasons.

Our offers are generally valid for 30 days from the date of preparation (unless otherwise stated), after which there may be price increases or price differences. An offer is only valid for the person or company named on the letterhead. Our offers may not be passed on to third parties (unless otherwise agreed).

Point 02: Order & deposit

By signing the offer, the customer agrees to the prices and terms and conditions and thus guarantees us a fixed commitment for the order.

Upon signature, a deposit of 50% (unless otherwise stated) of the total price will also be charged. As soon as we have received this payment, we will start with the project. Deposits are not refundable in case of project cancellation or subsequent cancellation by the customer.

Item 03: Documents

Ideas, concepts, storyboards and scripts (called documents in advance) are only passed on to customers after they have been commissioned (unless otherwise agreed). All rights to the documents remain with Cinemepic v.GmbH. A concept, which a client selects and is implemented in the course of the project, will not be used for other clients or projects. All documents which are not used or realized in the course of the project may not be passed on to other production companies by the customer or realized in any other way. We reserve the right to use and implement documents rejected by the customer for other projects or customers.

Item 04: Models/extras/actors

Usually we organize the models for our projects. However, we are not liable for non-appearance, cancellation or cancellation of models. For cancellations of shooting days, point 05 of the Cinemepic GTCs also applies to models.

Point 05: Shooting days

All fixed shooting days are fixed as soon as all participants have made their commitments. However, we reserve the right to postpone shooting days due to weather conditions. If we postpone a shooting day due to weather conditions, the customer will not be charged by us and all parties involved (models, make-up etc.) (if not on the same day). If the customer cancels or postpones the shooting day within 5 days before the start of the shooting for reasons that are not obvious, we and all parties involved will charge the customer 50% of the agreed daily rate for the shooting day. In case of cancellation or postponement of the shooting day on the day before or on the day of the shooting for unforeseen reasons by the customer, we and all parties involved will charge the customer 100% of the agreed daily rate for the day of shooting.

Should there be additional days of shooting, which were not foreseen in the offer, they will be invoiced at the daily rate specified in the offer. If additional days of shooting occur through our sole fault (equipment failure, etc.), they will not be charged.

Point 06: Overtime

A shooting day normally includes up to 10 hours including travel time, unless otherwise stated. Overtime during the shooting due to lack of organization of the client, weather, models, unforeseen incidents and delays will be charged with 100-200€ (depending on crew size).

Item 07: Damage

Damage to our equipment caused by contributory negligence of the customer will be charged to the customer. We are not liable for damage to the customer’s locations caused by our production.

Point 08: Loss of data

In the very unlikely event that data produced during the shooting is lost, we are liable for the damage caused and will not charge the customer for our services (for the period of the lost data). We do not bear the costs for the services (for the period of the lost data) of the models and all other involved persons, but we will try to find a solution that is acceptable for all involved persons.

Item 09: Music & Music licenses

The selection of the music pieces used is made by the customer, unless he gives us permission to decide for ourselves. We acquire all music licenses for Europe-wide use on the Internet and internally in the company, as well as at events and fairs. For use on television and radio additional license fees may apply. If the music piece is changed, additional costs for music licenses and modification expenses (see point 11) may arise.

Point 10: Cut

In our interest, it puts all projects into post production as quickly as possible, so that the customer gets his video immediately. We always try to meet given deadlines, but cannot guarantee them. We are not liable for damages caused by delays in post production. Additional working hours caused by technical or recording problems will not be charged to the customer. Additional working hours caused by the customer’s fault will be charged at 60-100€/h.

Point 11: Changes

By default, our productions include one change pass per video. Changes that occur through our fault (spelling mistakes etc.) will not be charged. All other changes to finished videos will be charged at 60-100€/h. In the case of subsequent changes to the piece of music and the resulting re-cutting of the video, it is possible that additional editing days will be charged at the daily rate stated in the offer.

Point 12: Video rights

The rights to the finished video are shared between the client and Cinemepic, unless otherwise stated. Both parties are entitled to distribute the video on their websites and social media channels.

Through order confirmation and payment the client only acquires the rights to the finished video, but not to the raw material.

Point 13: Raw material

The rights to the raw material belong exclusively to Cinemepic. We reserve the right to use and publish the raw material for showreels and own productions. No raw material will be used for projects of other customers. If the customer wishes to acquire the rights to the entire raw material, we will calculate this with the following formula: Order price * 1.5 = price for the rights to the raw material. Rights to individual recordings can be acquired by arrangement.

Item 14: Delivery & Archiving

Every customer receives the finished videos in all agreed formats. The videos are made available online on our Vimeo channel, as well as on the customer’s respective cloud folder. These links are not modified and are always accessible to the customer. If the videos or links are sent out more than once, there may be a flat fee of 50€.

Point 15: Project completion

As soon as the client has received the finished video, the project is completed and we invoice the remaining amount including travel expenses, overtime and changes. Of course every customer will be informed about additional costs in time.

Point 16: Making Of & Social Media

At every shoot, we create Making Of photos of our crew at work, which we publish on our social media channels. For some projects we also create individual Making Of videos for our social media presence. By placing an order, the customer agrees that we may post content (photos, videos, stories, etc.) on our social media channels.