Terms and Conditions
AV22 medien GmbH
Version: December 2024
§ 1 Scope
Our Terms and Conditions apply to all offers, services, and assignments of AV22 medien GmbH as well as participation in our paid camera and media training sessions and free webinars. These Terms and Conditions are exclusively directed at business customers (§ 14 BGB).
By placing an order or booking an event, you agree to our Terms and Conditions. If you have any questions or requests, please contact us – we are always open to finding a solution!
§ 2 Conclusion of the Contract
1. How is a contract concluded?
A contract is concluded when you commission us in one of the following ways:
- By submitting a written order, e.g., by email.
- By completing and submitting a booking form on our website. Once we confirm the booking, the contract is binding.
- By accepting an offer in our CRM system "Teamleader" by clicking the respective button.
2. Validity of Offers
Our offers are valid for 14 days after the offer is created.
3. Cancellation or Rescheduling of Productions
If you cancel or reschedule a production, the following costs apply:
- 50% of the costs for cancellations less than 48 hours before production start.
- 100% of the costs for cancellations less than 24 hours before production start.
- Any already provided organizational services and booked, non-refundable travel costs will be charged in full.
§ 3 Service Delivery
1. Final Product and Ownership
For films, you will receive the final product as agreed in the concept. The raw material remains the property of AV22 medien GmbH.
2. Changes and Feedback
You have five working days to provide feedback or request changes to the film. After this period, the service is considered accepted. Changes beyond the agreed concept will be charged separately.
3. During Production
We implement the agreed concept creatively and technically – independently, but always in dialogue with you. On-site changes can be accommodated after consultation.
4. Cost Increases During Production
- Should unforeseen costs arise due to external factors (e.g., material or service price increases), we will inform you in a timely manner and adjust the offer accordingly.
- We bear any cost increases caused by us.
- Costs due to force majeure are shared equally between both parties.
§ 4 Usage Rights
1. Copyright Protection
Our work is protected by copyright (§ 2 UrhG).
2. What Rights Do You Receive?
After full payment, you will receive a simple, non-transferable usage right for the agreed purposes, particularly for use on the internet and social media. Extended uses (e.g., TV, cinema) are available for an additional fee.
3. No Right to Modify
The right to modify the final product remains exclusively with AV22 medien GmbH.
4. Archiving
We archive raw material and master outputs for one year.
5. Confidentiality
All information exchanged in the course of the assignment will be treated confidentially by both parties. This particularly applies to technical, financial, or strategic details.
6. Reference Use
AV22 medien GmbH is entitled to use completed projects, especially film productions, in its portfolio, on the website, and for advertising purposes (e.g., social media). If you object, please inform us in writing before the project begins.
7. External Rights
External rights, such as those for actors, music tracks, stock footage, or sound recordings, can only be transferred to the extent permitted by the individual license conditions of the rights holders.
8. Rights Explanation and Transfer
AV22 medien GmbH will explain the license conditions to the customer and, where possible, transfer the corresponding usage rights. We accept no liability for damages or additional claims resulting from exceeding the usage limits.
9. Registration with Rights Collection Societies
Registration with rights collection societies, such as GEMA or VG Bild, must be carried out by the customer (publisher).
§ 5 Conditions for Shoot Days and Field Operations
1. Travel and Accommodation Costs
For assignments over 300 km away, we plan for overnight stays. A flat rate of €150 per night per person, including breakfast, is charged. If these conditions cannot be met due to organizational reasons (e.g., during trade fairs, major events in urban areas, or limited availability in rural areas), the customer will be consulted during the offer preparation.
2. Working Hours
A shoot day includes up to 10 hours, including breaks. If the 10-hour limit is exceeded, the following rules apply for calculating additional hours:
- 11th and 12th hour: The regular hourly rate (proportional daily fee) is charged, without a surcharge (0%).
- 13th hour: The regular hourly rate (proportional daily fee) is charged, with a 50% surcharge.
- From the 14th hour: The regular hourly rate (proportional daily fee) is charged, with a 100% surcharge.
Example Calculation:
- Hours 1–10: Amount €500, surcharge 0%, total: €500.
- Hour 11: Amount €50, surcharge 0%, total: €550.
- Hour 12: Amount €50, surcharge 0%, total: €600.
- Hour 13: Amount €50, surcharge 50% (€25), total: €675.
- Hour 14: Amount €50, surcharge 100% (€50), total: €775.
Note: From the 15th hour onwards, a 100% surcharge on the proportional daily fee continues to apply.
Regular workdays are Monday to Friday, excluding public holidays. Shoots on Saturdays, Sundays, or public holidays may be conducted in exceptional cases. For such assignments, a surcharge of 100% on the agreed daily fee applies for weekends and holidays.
3. Reimbursement of Travel Costs
In the event of a short-notice cancellation by the customer, any travel and accommodation costs already incurred will be fully charged.
§ 6 Prices and Payment Terms
1. Prices
All prices in the offer are net prices plus the applicable VAT (currently 19% in 2024).
2. Invoicing
The invoice is issued after the service has been provided and accepted, but no later than three days afterward.
3. Payment Due Date and Default
The total invoice amount is due immediately upon receipt of the invoice, unless otherwise agreed. A payment is considered late if not received within 30 days of the invoice date (§ 286 Para. 3 BGB). The client automatically defaults without further notice. In the event of default, we charge default interest of 12% p.a. of the outstanding invoice amount. Additionally, a flat reminder fee of €40 is charged for each reminder.
4. Fee for Non-Use
The agreed fee is payable in full even if the contractual final product is not published or used as originally agreed.
§ 7 Training Sessions and Webinars
1. Scope
Our training sessions and webinars are exclusively intended for business customers (§ 14 BGB).
2. Registration
Registration takes place via our booking forms on www.AV22.de. By registering, you submit a binding offer, which we accept upon confirmation.
3. Payment Terms
All prices are exclusive of VAT. After booking, you will receive an invoice due within 14 days without deductions.
4. Cancellations
Cancellation by You:
- Up to 14 days before the start: free of charge.
- Less than 14 days before the start: 50% of the participation fee.
- From 3 days before the start or in case of no-show: 100% of the fee.
Cancellations must be sent to trainings@AV22.de.
Cancellation by Us:
In case of force majeure or trainer illness, we will offer you an alternative date or refund any payments made in full.
5. Technical Requirements
To participate in our webinars, you need a stable internet connection and functioning camera and audio technology. Please check these in advance. We are not responsible for technical problems on your side.
6. Training Materials
All training materials provided by AV22 medien GmbH, including handouts, presentations, and other training documents, are copyright protected. They may only be used by the participants of the respective training for personal purposes. Passing them on to third parties or publishing them otherwise is prohibited and may result in civil liability and claims for damages.
7. Webinar Recordings
AV22 medien GmbH reserves the right to record webinars, including participant contributions (e.g., audio and chat contributions or facial images), for internal evaluation. These recordings are used exclusively for internal purposes. For our corporate communication (e.g., on the website or social media), only excerpts featuring the AV22 team are used.
If you do not wish to be visible or audible in the recording for internal purposes, you can deactivate your camera and microphone during the webinar.
The recording is based on our legitimate interest pursuant to Art. 6 Para. 1 lit. f GDPR to present, develop, and promote our services.
§ 8 Liability in Equine-Assisted Training
Participation in our equine-assisted camera and media training sessions is at your own risk. Horses are wonderful but living creatures, and their reactions cannot always be predicted.
- Our Liability: We are only liable for damages caused by intent or gross negligence. In the event of a breach of essential contractual obligations, we are liable for foreseeable damage.
- Important Note: Safety instructions must always be followed. We recommend that participants take out their own accident insurance for additional safety.
§ 9 Final Provisions
1. Choice of Law and Jurisdiction
German law applies, and the place of jurisdiction is Euskirchen.
2. Additional Offers
Additional offers made as part of an ongoing project are valid for 14 days and must be confirmed in writing.
3. Amendments and Severability Clause
Amendments to these Terms and Conditions must be made in writing. If individual clauses are invalid, the validity of the remaining provisions remains unaffected.
4. Right of Withdrawal
As our services are exclusively provided to business customers, there is no right of withdrawal for the client according to § 312g Para. 2 No. 9 BGB.