TERMS & CONDITIONS

§ 1 Scope of Application
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(1) These General Terms and Conditions (GTC) apply to all contracts between Semrau & Co., Owner Nicolai Semrau (hereinafter referred to as the “Contractor”), and its clients (hereinafter referred to as the “Client”) concerning film, photo, and content productions of any kind.
(2) Any terms and conditions of the Client that conflict with or deviate from these GTC shall not apply unless expressly acknowledged in writing by the Contractor.
(3) These GTC shall also apply to future contracts, even if they are not explicitly agreed upon again.


§ 2 Subject Matter of the Contract
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(1) The subject matter of the contract is the conception, planning, execution, and post-production of film, photo, social media, or event productions as individually agreed upon.
(2) This includes, in particular: concept development, directing and production management, sound, lighting, post-production, editing, color grading, sound design, animation, social cutdowns, and the delivery of final products in the agreed form.
(3) The Contractor is free in artistic and creative execution unless specific written instructions are provided by the Client.


§ 3 Conclusion of Contract
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(1) All offers made by the Contractor are non-binding and subject to change.
(2) A contract is concluded either through written confirmation by the Client or implicitly through the commencement of production.
(3) Amendments, additions, or side agreements must be made in writing, including communication via email, WhatsApp, or other messenger services.


§ 4 Remuneration and Payment Terms
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(1) All prices are quoted net, plus applicable value-added tax (VAT).
(2) Unless otherwise agreed, the following payment terms apply: 
• 50% deposit upon order confirmation, 
• 50% after approval of the final version.
(3) For long-term projects or productions with multiple shooting days, the Contractor may issue partial invoices.
(4) Overtime, night work (10 p.m.–6 a.m.), work on Sundays and public holidays, as well as additional services not expressly included in the offer, will be charged separately.(5) Invoices must be paid within 10 calendar days without deduction. In case of late payment, default interest shall apply in accordance with § 288 of the German Civil Code (BGB).


§ 5 Cancellations, Withdrawal, and Postponements
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(1) If a confirmed production or shooting date is cancelled or postponed by the Client, the following cancellation fees apply: 
• up to 30 calendar days before production start: 25% of the agreed fee, 
• up to 14 calendar days before production start: 50%, 
• up to 7 calendar days before production start: 75%, 
• less than 7 calendar days before production start or non-appearance: 100%.
(2) Any third-party costs already incurred (e.g. travel, equipment rental, team costs) must be reimbursed in full.
(3) If production becomes impossible due to force majeure (e.g. illness, severe weather, pandemics, official orders), a replacement date will be scheduled. If this is not possible, only actual costs incurred will be charged; further claims for damages are excluded.
(4) In the event of illness of the Contractor or team members, equivalent replacement personnel will be provided where possible. Liability for schedule delays is excluded.


§ 6 Client’s Duty to Cooperate
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(1) The Client agrees to provide all necessary information, filming permits, locations, products, and contacts required for the project in a timely manner.
(2) If the Client fails to meet these obligations, resulting in delays or additional effort, the Contractor may charge reasonable additional fees.
(3) The Client is responsible for obtaining all necessary third-party rights (e.g. personality, trademark, or music rights) unless otherwise agreed.


§ 7 Copyright and Usage Rights
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(1) All works produced by the Contractor (film, photo, sound, editing, music, text, animation, etc.) are protected under copyright law.
(2) Upon full payment, the Client receives a simple, non-transferable right of use limited to the contractually agreed scope (e.g. social media, website, internal presentations).
(3) Any extended use, particularly for TV, cinema, paid advertising, outdoor advertising, or campaigns, requires a separate buyout agreement.
(4) The Contractor retains the right to use the produced works without limitation in time or territory for self-promotion, reference, and presentation purposes. This includes, in particular, publication on the Contractor’s website, social media channels, showreels, competitions, presentations, or other promotional use.
(5) Raw data, project files, footage, audio, and working files remain the property of the Contractor and are only provided upon explicit agreement.
(6) The Client is not permitted to modify or edit the work or any part thereof without explicit authorization.


§ 8 Third-Party Services and Team Productions
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(1) The Contractor may engage third parties (e.g. camera operators, editors, drone pilots, sound assistants, producers) to fulfill the contract.
(2) These third parties act on behalf and under the instruction of the Contractor unless otherwise agreed.
(3) The Client has no direct claims against such third parties; contractual claims exist solely against the Contractor.
(4) In productions involving subcontractors or freelancers, their cancellation and payment terms shall apply additionally.


§ 9 Liability
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(1) The Contractor is liable only for intent and gross negligence.
(2) For simple negligence, liability applies only in cases of breach of essential contractual obligations (“cardinal obligations”) and is limited to foreseeable, contract-typical damages.
(3) Liability for indirect damages, loss of profit, or data loss is excluded.
(4) The Contractor assumes no liability for materials, products, or equipment provided by the Client.
(5) No liability is accepted for third-party services (e.g. speakers, musicians, licensors).


§ 10 Acceptance and Warranty
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(1) After completion, the Client will receive a preview version for approval.
(2) Change requests must be submitted in writing within 7 days. If no feedback is received, the work shall be deemed approved.
(3) Revisions requested after approval are considered additional services and will be charged accordingly.
(4) The Contractor reserves the right to retain watermarks or logos in the material until full payment has been received.


§ 11 Data Protection and Confidentiality
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(1) Personal data will be processed exclusively for the purpose of fulfilling the contract in accordance with the GDPR.
(2) Both parties agree not to disclose any confidential information of the other party to third parties.


§ 12 Travel Expenses, Catering, and Accommodation
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(1) Travel expenses: transportation, flights, and other travel costs of the Contractor and its team will be charged separately unless otherwise agreed. Travel by private vehicle is charged at €0.50 per kilometer.
(2) Accommodation: if overnight stays are required, the Client shall provide suitable accommodation (at least single room with Wi-Fi) or cover the costs.
(3) Catering: the Client shall ensure adequate catering during production (drinks, snacks, lunch/dinner). If not provided, a catering allowance of €40 per person per production day will be charged.
(4) Travel time: travel time counts as working time and, if exceeding eight hours or involving preparation/follow-up work, will be compensated at 50% of the agreed daily rate.
(5) Foreign productions: for productions abroad, the Client bears all visa, customs, and transport costs. Any required insurance or permits (e.g. for equipment or drones) must be arranged in advance.


§ 13 Equipment, Insurance, and Data Backup
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(1) All equipment used remains the property of the Contractor.
(2) The Client is liable for any damage to the Contractor’s equipment caused by third parties, event participants, or circumstances on the Client’s premises.
(3) The Contractor is not liable for technical failures or data loss due to force majeure or improper handling by third parties.
(4) Raw data and backups are stored by the Contractor for 30 days after project completion and then deleted unless otherwise agreed in writing.


§ 14 Working Hours, Overtime, and Surcharges
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(1) A production day includes up to 10 hours, including setup and breaks.
(2) Overtime will be charged with a 25% surcharge on the hourly rate.
(3) Night work (10:00 p.m.–6:00 a.m.) is subject to a 50% surcharge.
(4) Work on Sundays and public holidays is subject to a 50% surcharge.


§ 15 Place of Jurisdiction and Final Provisions
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(1) The place of performance and jurisdiction, where legally permissible, is the registered office of the Contractor.
(2) German law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
(3) Should any provision of these GTC be wholly or partially invalid, the validity of the remaining provisions shall remain unaffected.


Effective as of November 2025
Semrau & Co.Owner: Nicolai Semrau
Dorstener Straße 92, Recklinghausen, Germany
www.semrau.co/imprint