These General Terms and Conditions ("GTC") apply to all contracts and services related to media productions, including but not limited to the production of image films, individual documentaries, and interview series (hereinafter also referred to as "film production"), or support services for media advertising and event organization (hereinafter collectively referred to as "services"), provided by GMP Global Media Production GmbH, Kurfürstendamm 201, 10719 Berlin (hereinafter also referred to as "GMP"), to its clients. Any conflicting terms and conditions of the clients are hereby rejected. GMP only acknowledges such conflicting conditions if expressly and in writing agreed upon.

The client can access and print these GTCs at www.gmp-media-group.de or request them in text form by sending an email to info@gmp-media-group.com.

§ 1 General Provisions

(1) GMP expressly does not target consumers within the meaning of § 13 of the German Civil Code (BGB) with its offers. By entering into the contract, the customer confirms that they are commissioning the services to be provided by GMP for their commercial or freelance activities.

(2) The contract between GMP and the customer is concluded by the transmission of an offer by GMP and its acceptance by the customer. In any case, the conclusion of a contract requires a final order confirmation by GMP. This order confirmation makes the contract binding for both parties. The formation of the contract does not require written form; statements in text form are sufficient.

(3) In case of contradictions, any individual agreements made between the parties pursuant to § 1 (2) of these GTC shall prevail over these GTC.

(4) GMP may also provide its services through subcontractors. GMP will structure its agreements with subcontractors to ensure compliance with the provisions of the contract.

§ 2 Description of Services and Customer's Obligations

(1) When commissioned for the production of a film production, GMP will produce the entire film production in coordination with the customer. GMP assumes the organizational and practical implementation of the film production. GMP assigns a production manager who oversees the production process and serves as the point of contact for the customer.

(2) The broadcast-ready film requires approval from the customer in written form. Partial approvals in written form are granted if agreed upon in the contract. Delivery is made in MP4 or mov format.

(3) The approval of the broadcast-ready film production and any agreed-upon partial approvals must be provided by the customer within 14 days after the delivery of the respective service. If the customer does not identify any defects within the inspection period, the service is considered approved. The customer may not refuse approval for minor defects. If approval fails, the customer must provide GMP with a list of all defects preventing approval. The customer grants GMP the opportunity for rectification, if and to the extent that rectification is possible and reasonable for both parties.

(4) When commissioned for support services in media advertising, GMP is obligated to publish the film production on the online media platforms specified in the order confirmation for a period of at least 12 months.

(5) Upon commissioning and execution of an event planned by GMP, the customer will receive the invitations agreed upon in the contract.

(6) GMP will present the customer on social media platforms and in GMP press releases.

(7) The customer will provide the agreed-upon cooperation services, including contributions, as well as any additional cooperation services necessary and customary for the contractual performance by GMP. The customer will provide GMP with all necessary information and content, such as:

Completed questionnaire provided by GMP;
Customer's logo;
Visual material and other content as agreed upon for the production and promotion of the image film;
Social media links to Facebook/Twitter/LinkedIn;
Titles for publication and YouTube channel;
URL of the customer's website.

(8) If cooperation services are owed and the necessary specifications have not already been contractually agreed upon, GMP will request these services from the customer in written form with reasonable advance notice, specifying the relevant framework conditions. GMP will promptly notify the customer in written form of any cooperation services it deems insufficient.

(9) Unless otherwise agreed upon in individual cases, all cooperation services are to be provided to GMP free of charge.

(10) The services to be provided by the customer constitute genuine obligations and not mere obligations to cooperate. If the customer fails to provide, or fails to provide in a timely manner, or fails to provide as agreed upon the services owed by them, and this affects GMP's performance of services, GMP is relieved of its obligation to perform the affected services. The corresponding performance deadlines of GMP will be extended by a reasonable period; for deadlines agreed upon as binding, GMP will be released from its obligation to perform. Section 7 of these GTCs remains unaffected.

(11) The customer may request divergent changes from GMP for additional compensation, with GMP not being obligated to implement them. Contract changes and associated additional agreements require written form and agreement on additional reasonable compensation.

§ 3 Compensation and Default of Payment

(1) Unless otherwise specified, the agreed compensation is understood to be net, plus the respective legally applicable value-added tax, if legally due.

(2) Unless otherwise agreed, payment obligations of the customers are due for payment within 21 days after the invoice date. Invoicing is done with the order confirmation.

(3) If a customer defaults on their payment obligations, GMP may demand damages and/or withdraw from the contract in accordance with legal provisions.

(4) If fewer than the agreed-upon services are utilized at GMP, this does not entitle the customer to a reduction in price.

§ 4 Liability

(1) GMP is liable for defects in quality and title in accordance with statutory provisions.

(2) Claims for damages outside of liability for defects in quality and title may only be asserted by a customer against GMP in cases of intent or gross negligence. The exclusion of liability does not apply in cases of injury to life, body, or health, or in the event of a breach of material contractual obligations. Except in cases of intent, gross negligence, and damages resulting from injury to life, body, or health, GMP's liability is limited in amount to damages typically foreseeable at the time of contract conclusion.

(3) To the extent that liability of GMP is excluded or limited, this also applies to the personal liability of its employees, workers, freelance staff, representatives, and vicarious agents.

§ 5 Offset and Right of Retention

The customer is only entitled to offsetting if the counterclaims of GMP have been acknowledged or legally established. The customer is only authorized to exercise a right of retention to the extent that their counterclaim is based on the same contractual relationship.

§ 6 Data Protection

(1) The customer is aware and consents to the storage of personal data required for the processing of the order by GMP on data carriers. The customer expressly agrees to the collection, processing, and use of their personal data. The stored personal data will be treated confidentially by GMP. The collection, processing, and use of the customer's personal data are carried out in compliance with applicable data protection laws, in particular the General Data Protection Regulation (GDPR) and the Federal Data Protection Act (BDSG-new).

(2) To the extent that GMP collects, processes, and uses personal data of the customer's employees for the processing of the order, the customer guarantees that its employees have consented to the disclosure and use of their personal data.

(3) The customer and its employees have the right to revoke their consent at any time with effect for the future. In this case, GMP is obliged to immediately delete the personal data of the customer or the employees. Deletion will occur at the end of ongoing contractual relationships.

§ 7 Rescheduling of Appointments

(1) The customer may request a one-time rescheduling of a previously booked filming appointment, and the parties will attempt to agree on an alternative appointment by mutual consent.

(2) If the filming appointment is rescheduled at the customer's request, the following applies:

(a) Up to fourteen working days before the filming appointment, a rescheduling fee of 5% of the compensation agreed upon in § 3 is charged.

(b) Within five working days before the filming appointment, a rescheduling fee of 15% of the compensation agreed upon in § 3 is charged.

(c) Within 24 hours before the filming appointment, a rescheduling fee of 25% of the compensation agreed upon in § 3 is charged.

(3) In the event of the absence of services due to illness of the personnel deployed by GMP or force majeure, the parties will agree on a different appointment and/or location of service provision.

§ 8 Termination

(1) Ordinary termination is excluded.

(2) The contract may be terminated by both parties with immediate effect for good cause.

§ 9 Granting of Rights

(1) Upon full payment of the agreed compensation, including all claims resulting from contract changes and rescheduling, GMP transfers to the customer all rights of use arising in connection with the realization of the film production, whether already incurred, currently arising, or to be acquired by GMP exclusively, freely transferable to third parties, without restrictions as to time, territory, or content. The customer is not restricted in the use and, if applicable, editing of the film production.

(2) GMP may retain a copy of the film and use it for its own purposes and as a reference for customer acquisition, to the extent that there are no legitimate interests of the customer to the contrary.

(3) Unless otherwise agreed in the individual order, the parties agree on the following wording (if necessary, in a corresponding translation) for their mention in the opening and closing credits of the film production as well as in announcements, press releases, and advertising for the film production: "A production by GMP Global Media Production GmbH, on behalf of xxx (name of the customer)." The customer is not entitled to remove or alter the above-mentioned obligation to mention.

(4) If the customer provides copyrighted content such as texts, photographs, graphics, other audio or video files, or software applications for the implementation of the order, the customer guarantees that GMP has the necessary copyright and usage rights. The customer transfers to GMP all rights of use necessary for the performance of the contract regarding the supplied content. The customer ensures that these rights can also be granted to third parties. The foregoing also applies mutatis mutandis with regard to the consent of depicted individuals regarding their personality rights.

(5) If videos, images, or graphics containing depictions of persons (actual images or recognizable computer animations) are created within an order, the customer is responsible for obtaining the consent of the persons depicted and bears any applicable licensing fees for this purpose.

§ 10 Confidentiality

(1) GMP undertakes to maintain confidentiality regarding all insights and results gained during the execution of this contract and in connection therewith. The same applies to all business matters and transactions of the customer coming to the knowledge of GMP, especially business and operational secrets. These obligations also apply to employees of the customer or other third parties involved in the performance of the service, unless said persons are authorized or expressly called upon to gain knowledge due to their official position.

(2) The obligation of confidentiality does not apply to documents, knowledge, results, and information for which GMP can demonstrate that they have become generally known for reasons beyond GMP's control.

(3) The obligation of confidentiality continues beyond the termination of the contract.

§ 11 Miscellaneous Provisions

(1) If the customer is a merchant or does not have a legal domicile in the Federal Republic of Germany, Berlin shall be agreed upon as the place of jurisdiction.

(2) No side agreements to these GTCs have been made. Changes or additions require written form to be legally effective.

(3) If individual provisions of these GTCs are or become invalid, the validity of the GTCs as a whole shall remain unaffected. Invalid provisions shall be replaced by mutual agreement with provisions that, taking into account the interests of both parties, are suitable for achieving the intended economic purpose. The same applies to the filling of gaps that may arise in these GTCs.

(4) The customer is not entitled to assign its claims under the contract.

(5) German law shall apply.