General Terms and Conditions (AGB)
Cameraman Martin Henne
1. Scope of application
1.1 The following General Terms and Conditions of Business apply to all contracts of cameraman Martin Henne (hereinafter referred to as “Contractor”) with a contractual partner in the field of the production of images for television and other audiovisual media (hereinafter referred to as “Client”), insofar as these are entrepreneurs, legal entities under public law or special funds under public law within the meaning of § 310 Para. 1 BGB (German Civil Code).
1.2 Deviating terms and conditions of the Client shall not be valid unless expressly agreed in writing.
1.3 These General Terms and Conditions of Business shall also apply to all future orders with the Client, insofar as legal transactions of a related nature are involved.
2. Subject of the contract
2.1 The contractor renders his services as cameraman within the scope of an assignment as an independent contractor.
2.2 When booking, the client is obliged to provide exact information about the intended content of the production without being asked and to point out extraordinary circumstances of the assignment, such as special working hours, special risks for body and health or the risk of special moral or mental stress situations that may be associated with the assignment.
2.3 A permanent employment is neither intended nor justified by either contracting party.
2.4 The contractor is free to work for other clients before, during and after the assignment. This applies in particular if they are in direct competition with the principal.
2.5 With regard to the creative and/or journalistic nature of the service, the contractor is not subject to any instructions from the client in the performance of his work.
He is free in the exercise and design of his activity, with the exception that he must take into account special project-related requirements to which the client is also subject and which are not or only partially within the client’s sphere of decision, such as the place and time of production.
2.6 The Contractor shall be responsible for health insurance, pension insurance and tax declaration and submission obligations.
3. Conclusion of the contract
3.1 The contract with the contractor is concluded by acceptance of the order offer by post, telephone, fax or e-mail.
4. Duration of contract and remuneration
4.1 Remuneration shall be based on the respective agreed order-related daily fees. The smallest settlement unit is a daily fee. The agreed daily fee refers to an operating time of up to 10 hours including 1 hour break. The operating time also includes arrival and departure times, any travel times, as well as the times for the preparation and post-processing of production necessary for the order. Arrival/departure days are invoiced at 100% of the daily fee.
4.2 Operating times that exceed the flat-rate framework of 10 hours will be charged additionally for each additional hour or part thereof at one tenth of the daily fee and a surcharge. For the 11th and 12th hour, the surcharge shall be 25%, for the 13th and 14th hour 50%, and for each additional hour 100% of the tenth part of the daily fee (1/10).
4.3 For assignments on Sundays and public holidays, a surcharge of 50 % on Sundays and 100 % on public holidays shall be charged at the agreed daily rate.
The place of production is decisive for the question of whether a public holiday exists.
4.4 The contractor is entitled to demand an advance payment from the client for a partial performance in accordance with the contract in an appropriate amount. Advance payments are due immediately.
4.5 All payments are due immediately after invoicing without any deductions. The contractor is entitled, under the conditions of default, to claim damages for delay in accordance with the statutory provisions.
4.6 The agreed remuneration of the Contractor is understood to be plus the statutory value added tax.
4.7 Any travel and accommodation costs incurred for the provision of the service, as well as any additional lump sums for meals customary in the place (corresponding to the tax-deductible daily lump sums) shall be charged additionally to the principal.
4.8 The service provider is entitled to accommodation in a hotel of at least average standard. Accommodation shall be in single rooms.
4.9 If a vehicle provided by the Client (including rental cars) is used, the Client shall bear all costs. The Principal undertakes to insure vehicles or rental cars provided by him without any deductible for the Service Provider (liability and fully comprehensive insurance). The contractor undertakes to handle the vehicles provided carefully and properly. Claims for damages by the client, except in cases of intent and gross negligence, are excluded.
5. Granting of rights and consent
5.1 The granting of copyrighted rights of use or ancillary copyrights by the contractor to the client is subject to the condition precedent of full payment of the agreed remuneration.
In the event that the Customer exploits the performance of the Contractor without granting the necessary rights, the Customer shall assign to the Contractor at this point in time the claims arising from the exploitation up to the amount owed to the Contractor; the Contractor shall accept the assignment.
5.2 It can be agreed separately that the granting of rights takes place at the time when the copyright exploitation rights arise (e.g. live broadcast).
5.3 If the contractor as a person is to be the subject of images for television or other audiovisual media, the express, prior and written consent of the contractor is required. Any such consent shall be granted in return for a fee to be agreed separately.
6.1 The contractor shall be liable without limitation in the event of intent or gross negligence as well as in the event of the absence of a guaranteed characteristic.
6.2 In case of slight negligence, the contractor shall be liable without limitation in case of injury to life, body and health. In other respects, the contractor shall only be liable for slight negligence if an obligation is violated, the fulfilment of which makes the proper execution of the contract possible in the first place, the violation of which endangers the achievement of the purpose of the contract and on the observance of which the customer can regularly rely (cardinal obligation). In the event of a breach of a cardinal obligation, liability is limited to the foreseeable damage typical for the contract, up to a maximum of € 100,000. This also applies to loss of profit and missed savings. The liability for other remote consequential damages is excluded.
6.3 Liability for all other damages is excluded.
6.4 The client is responsible for filming permissions and access rights as well as for any necessary clarification of third party rights (e.g. personal rights of third parties, in particular their right to their own image, the domiciliary rights of third parties, possible claims for fees from third parties, etc.).
6.5 If, in the course of the proper execution of the placed order, rights of third parties within the meaning of section 6.4 are infringed, the client shall be liable. The customer shall indemnify the contractor against corresponding claims of third parties and shall reimburse the contractor for any necessary legal costs associated with the claim.
6.6 The above liability regulations shall also apply to the contractor’s vicarious agents.
7. Termination of the cooperation
7.1 The contract can be terminated by the client at any time. In the event of termination, the following conditions apply: In the case of one-day bookings, cancellation is possible up to 48 hours before the start of the contract without the obligation to pay a cancellation fee, up to 24 hours before the start of the contract a cancellation fee of 50% of the agreed remuneration will be charged, thereafter a cancellation fee of the full agreed remuneration will be due.
In the case of orders lasting several days, including non-connected days, the cancellation periods shall be extended analogously to the duration of the order, i.e. a two-day order may be cancelled four days before the start of production without any obligation to pay, up to 48 hours before the start of production a cancellation fee of 50 %, thereafter 100 % of the remuneration shall be due as a cancellation fee. Any costs already incurred by the Contractor in reliance on the performance of the order shall be reimbursed against invoice. Weekend and public holidays are not taken into account in the calculation of the cancellation periods (e.g. the cancellation of an order with order start on Monday can only be cancelled up to the preceding Wednesday without any obligation to pay).
7.2 For order volumes of more than 10 days, a separate provision is to be made upon conclusion of the contract, which does not put the contractor at a disadvantage compared to point 7.1. If the parties refrain from this, the statutory provisions shall apply.
7.3 The risk of loss or interruption of production shall be borne by the Client, unless the Contractor is not responsible for the loss or interruption. The loss or interruption of production does not affect the Contractor’s claim for remuneration. A possibly necessary postponement of the production is considered a failure in this sense, the catch-up of the production is a new order.
8. Obligation of secrecy
8.1 The Contractor undertakes to maintain secrecy about all of the Client’s business and trade secrets and confidential details of production.
9.1 Special accident risks associated with the place of production shall be covered by a separate accident insurance policy at the customer’s own expense.
10 Severability Clause
10.1 Should individual provisions of this contract be invalid or unenforceable or become invalid or unenforceable after conclusion of the contract, this shall not affect the validity of the remaining provisions of the contract. The invalid or unenforceable provisions shall be replaced by a valid and enforceable provision whose effect comes as close as possible to the economic objective which the parties to the contract had pursued with the invalid or unenforceable provision.
11.1 The contractor is entitled to perform the services through or with the cooperation of third parties (vicarious agents). The Contractor shall be liable for the performance of the services as for its own actions.
11.2 Place of jurisdiction and place of performance for all disputes arising from this contract is the contractor’s registered office.
11.3 The client may only offset claims arising from this contract against undisputed or legally established claims. The client is not entitled to a right of retention due to claims that do not originate from this contract.
11.4 This contract and the entire legal relations between the parties are subject to German law.
11.5 Amendments and supplements to this contract must be made in writing, as must the waiver of the written form requirement. Oral subsidiary agreements do not exist.
Status: 04. April 2020