GTCs
§ 1 Scope
(1) The following General Terms and Conditions ("GTC") apply to all contractual relationships between STUDIO BIGALKE, Uferstraße 8e, 22081 Hamburg, and its clients ("Customers") as well as to all film and photo productions, including concepts ("Production"), created according to the individual offer of STUDIO BIGALKE.
(2) Any counter-confirmations, counter-offers, or other references by the Customer to their own terms and conditions are hereby rejected. Deviating terms and conditions of the Customer shall only apply if confirmed in writing by Henry Bigalke.
§ 2 Conclusion of Contract / Inclusion of GTC
(1) The offer from STUDIO BIGALKE consists of an individual offer (1) and these GTC (2), which are referenced in the offer and available online. The offer includes the key points of the service.
(2) The contract is concluded when the Customer accepts the offer by confirming acceptance via email or in another manner within the validity period stated in the offer.
§ 3 Subject Matter of the Contract
(1) The subject matter of the contract is determined by the offer from STUDIO BIGALKE.
(2) STUDIO BIGALKE will act in the best interests of the Customer. The Customer, in turn, shall provide all essential data required for STUDIO BIGALKE's performance in strict confidence to ensure a trustworthy collaboration.
§ 4 Customer's Obligations / Collaboration / Workflow
(1) The Customer is obliged to provide STUDIO BIGALKE with all essential data, product information, and templates required for the performance of the service, to be treated in strict confidence.
(2) If the Customer provides templates, data, and information to STUDIO BIGALKE for use in advertising measures, they assure that they have the right to transfer and use these materials.
(3) If the Customer requests changes or adjustments after the contract has been awarded and these changes can be implemented within the timeframe specified in the offer without additional costs, STUDIO BIGALKE will make the changes unless they interfere significantly with the artistic and technical design to the extent that STUDIO BIGALKE can no longer assume responsibility. In the latter case, STUDIO BIGALKE reserves the right to reject the changes. Non-cost-neutral changes shall be considered as chargeable additional work.
(4) STUDIO BIGALKE is solely responsible for the organizational, technical, and artistic production of the work as a whole and its components. STUDIO BIGALKE is free to choose the technical means for implementation, particularly in terms of technology and infrastructure.
(5) The selection of actors, models, and voice-over artists is the sole responsibility of STUDIO BIGALKE unless explicitly agreed otherwise. If the Customer requests specific personnel, they shall bear the additional costs incurred.
(6) A short feedback meeting will be requested after the completion of the project to further improve the quality and collaboration on future projects with STUDIO BIGALKE.
§ 5 Compensation
(1) STUDIO BIGALKE charges the project fee according to the offer amount for the services specified in the offer. The project fee is a net price exclusive of the statutory VAT.
(2) After the contract is concluded, an advance payment of 50% of the agreed project fee plus statutory VAT (currently 19%) is due immediately as a down payment.
(3) The final payment of 50% of the project fee plus statutory VAT (currently 19%) is payable within 7 days of receiving the invoice following the final approval of the delivered films (or photos).
(4) Any external costs incurred, such as purchased image or film licenses, actors, and expenses, shall be charged separately unless otherwise stated in the offer.
(5) Travel costs by car will be charged at €0.45 per kilometer.
(6) Additional services and changes requested by the Customer after project completion will be charged separately. If such changes require urgent additional work or completion outside regular business hours, appropriate surcharges will apply. Such modifications should preferably be agreed upon in writing for evidentiary purposes, with emails being sufficient. However, verbal agreements are also valid and must be remunerated separately.
§ 6 Working Hours
(1) Work on the production will be carried out during regular business hours, i.e., Monday to Friday from 09:00 to 18:00.
(2) Special working hours beyond this timeframe must be agreed upon in writing and may be subject to additional charges.
§ 7 Delivery Deadlines
(1) The completion date of the work ("delivery deadline") will be determined by agreement between STUDIO BIGALKE and the Customer and specified in writing in the offer.
(2) If STUDIO BIGALKE realizes that the schedule cannot be met, the Customer shall be informed immediately, including the reason for the delay and the expected duration.
(3) If delays occur due to changes requested by the Customer or other reasons attributable to the Customer, the delivery deadline may be extended accordingly. If the delay causes scheduling conflicts with other projects, this must be appropriately considered when determining a new deadline.
(4) If a shooting date is postponed by the Customer less than 7 days before the agreed date, STUDIO BIGALKE is entitled to reimbursement of additional costs incurred due to the postponement.
(5) If the production process is delayed by more than six months due to reasons attributable to the Customer, STUDIO BIGALKE has the right to terminate the contract. The Customer shall bear the costs incurred up to that point.
§ 8 Acceptance
(1) STUDIO BIGALKE will provide the Customer with a preview or demonstrate the work at its premises after completion. The Customer is obliged to accept the work. If no response is received within 14 days after submission, the work is deemed to be contractually accepted. Partial acceptances do not take place.
(2) Complaints must be submitted immediately, no later than 7 days after completion and delivery. If no written approval is given, the work shall be considered accepted. Later complaints are excluded. Complaints based purely on artistic aspects of the concept cannot be considered. STUDIO BIGALKE is not obliged to make artistic changes.
§ 9 Granting of Usage Rights
(1) STUDIO BIGALKE grants the Customer exclusive, time-limited, location-limited, and purpose-limited usage rights to the work upon full payment as specified in the individual offer.
(2) The right to modify or transfer the work to third parties is excluded.
§ 10 Trademark Usage
(1) The Customer grants STUDIO BIGALKE the right to publicly name them as a reference company for advertising purposes across media channels.
(2) STUDIO BIGALKE requires explicit written approval to use protected trademarks, logos, or other protected symbols of the Customer.
§ 11 Liability
(1) STUDIO BIGALKE is liable without limitation in cases of intent or gross negligence.
(2) For slight negligence, liability is limited to foreseeable and typical damages.
(3) Further liability is excluded.
§ 12 Final Provisions
(1) Changes and additions to the contract require written form.
(2) If any provision of these GTC is invalid, the remaining provisions shall remain unaffected.
(3) The exclusive place of jurisdiction is Hamburg.