General Terms and Conditions

Kaiser-Friedrich-Str. 90
10585 Berlin, Germany
Phone + 49 30 88 71 28 77, Fax + 49 30 88 71 28 88

Amtsgericht Charlottenburg (Berlin) HRB 219144
Managing Director: Luke Lalor
Company registered in: Berlin, Germany

1. Definitions and Scope
(1.1) These terms and conditions apply to all orders, contracts, offers, deliveries, and services of PIXEO STUDIOS GmbH, Kaiser-Friedrich-Str. 90, 10585 Berlin (“PIXEO STUDIOS”) with their contractual partners (“Contractual Partner”). No repeated reference is required for subsequent orders.
(1.2) The terms “order”, “agency”, and “contractual partner” are to be understood in a commercial sense. “Order” refers to the contractual relationship regardless of the contract type.
(1.3) Only the terms and conditions of PIXEO STUDIOS apply. Deviating terms and conditions of the contractual partner will only become part of the contract if they are expressly acknowledged in writing.
(1.4) These terms and conditions were last updated on April 5, 2024.

2. Protection of Intellectual Property and Concepts
(2.1) All written documents created by PIXEO STUDIOS, such as letters, emails, protocols, assessments, calculations, forecasts, evaluations, and concepts, including rough concepts, are protected by copyright.
(2.2) Any use is only permitted with the written consent of PIXEO STUDIOS and after payment of the requested fees or costs.
(2.3) In case of violations, PIXEO STUDIOS is entitled to set a minimum dispute value of 10,000 euros. The actual dispute value will be reviewed by the competent regional court in the event of a dispute.

3. Correspondence by Electronic Means
(3.1) The contractual partner authorizes PIXEO STUDIOS to conduct correspondence via email. The contractual partner acknowledges the associated security risks.
(3.2) PIXEO STUDIOS is not liable for damages resulting from electronic correspondence.
(3.3) Commitments and agreements made by email are legally binding, provided they contain the essential contractual components and can be understood as a declaration of intent.

4. Conclusion of Contract
(4.1) The scope and content of the services are specified in individual contracts.
(4.2) The contract is concluded with the approval of the offer or the placing of the order by PIXEO STUDIOS or the contractual partner.
(4.3) Offers from PIXEO STUDIOS are non-binding.

5. Scope of Services
(5.1) PIXEO STUDIOS can act as an agency or advisor.
(5.2) PIXEO STUDIOS is entitled to commission third parties to fulfill its obligations. Liability is excluded for third parties named by the contractual partner.
(5.3) PIXEO STUDIOS is entitled to provide partial services.
(5.4) Events of force majeure entitle PIXEO STUDIOS to postpone the project by the duration of the impediment. PIXEO STUDIOS is entitled to demand reasonable remuneration for services already rendered and costs incurred. The contractual partner has no claim for damages against PIXEO STUDIOS.
(5.5) In the event of force majeure, PIXEO STUDIOS will promptly inform the contractual partner and take all reasonable measures to minimize the impact.
(5.6) Working with child and animal models may require unforeseen delays, cancellations, or rescheduling, even if production has already begun. These situations are considered force majeure. PIXEO STUDIOS reserves the right to charge additional costs or arrange alternative dates in such cases.

6. Deadlines and Delivery Periods
(6.1) Deadlines are non-binding unless expressly agreed in writing as binding.
(6.2) PIXEO STUDIOS is not liable for delivery delays caused by the contractual partner’s lack of cooperation.
(6.3) In the event of acceptance delay or culpable breach of cooperation obligations by the contractual partner, PIXEO STUDIOS may claim damages.
(6.4) For outdoor productions, we recommend scheduling buffer times for weather-related delays. Costs resulting from the postponement or cancellation of an outdoor production due to weather conditions are borne by the contractual partner.

7. Cooperation Obligations
(7.1) The contractual partner provides PIXEO STUDIOS with the necessary information for the services.
(7.2) Delays due to incorrect or incomplete information are the responsibility of the contractual partner.
(7.3) Changes to concepts or services due to subsequently provided information are considered an extension of the scope of services.

8. Remuneration and Payment Terms
(8.1) The remuneration agreed upon in the offer applies. Prices are understood to be plus VAT and incidental costs.
(8.2) Payment Plan (when not otherwise agreed):
– 50% upon approval of the cost estimate
– 25% upon confirmation of production dates
– Final invoice upon delivery
– Payment term: 14 days
(8.3) Payments are due within 7 days of invoicing. In case of late payment, default interest of 5% above the base interest rate will be charged.
(8.4) Cancellation regarding the first production day:
– More than 30 days in advance – 10% of the estimated budget
– Less than 30 days – 25% of the estimated budget
– Less than 14 days – 50% of the estimated budget
– Less than 72 hours – 100% of the estimated budget
(8.5) The prices indicated on the website are non-binding and do not constitute a contractual offer.
(8.6) PIXEO STUDIOS is entitled to reimbursement of travel expenses and allowances, calculated based on the legally stipulated daily allowances. The hotel standard will always be at least three stars. For flights under five hours, economy class will be flown. For flights over five hours, premium economy seats will be booked for the crew and business class seats for leading positions.
(8.7) Additional effort due to changes and additions requested by the contractual partner will be billed separately. Additional costs will only be activated after prior approval by the contractual partner.

9. Warranty and Liability
(9.1) The contractual partner assumes responsibility for the accuracy of content upon approval.
(9.2) PIXEO STUDIOS is only liable for damages caused intentionally or by gross negligence.
(9.3) Liability is limited to the one-time earnings from the respective order.
(9.4) All orders referred to third parties are not subject to liability or responsibility by PIXEO STUDIOS for the handling of these projects.

10. Rights to Produced Material (Motion Picture, Photo, Text, Audio)
(10.1) The produced material remains the property of PIXEO STUDIOS.
(10.2) Use of the material is only permitted with written approval and full payment of the invoices and only in the contractually agreed and approved scope. Any additional use not contractually regulated constitutes a violation and will be legally pursued.
(10.3) Late payment leads to the revocation of all usage rights.
(10.4) Usage rights are only granted under the condition of full payment.
(10.5) The assertion of claims due to injury to usage rights is solely at the discretion of PIXEO STUDIOS GmbH.

11. Collecting Societies
(11.1) The contractual partner assumes any fees to collecting societies.
(11.2) The contractual partner is responsible for complying with the artists’ social security contribution.

12. Contract Duration and Termination Periods
(12.1) The contractual relationship is valid for the agreed period. Termination according to § 627 BGB is excluded.
(12.2) In the case of an indefinite contract term, it can be terminated with a notice period of three months.

13. Data Protection and GDPR Compliance
(13.1) PIXEO STUDIOS undertakes to comply with the provisions of the General Data Protection Regulation (GDPR).
(13.2) Personal data of the contractual partner will only be processed for the purpose of fulfilling the contract and in accordance with legal requirements.
(13.3) The contractual partner has the right to access, correction, deletion, restriction of processing, data portability, and objection to the processing of their personal data.

14. Confidentiality Obligation
PIXEO STUDIOS undertakes to treat all received information confidentially. This obligation remains in effect even after the termination of the contractual relationship.

15. Disputes
(15.1) Disputes should be settled out of court through mediation as far as possible.
(15.2) In the event of quality or fee disputes, external assessments will be prepared by a neutral expert.

16. Final Provisions
(16.1) The contractual partner may not assign claims arising from the contract.
(16.2) Should individual provisions be invalid, the validity of the remaining provisions remains unaffected.
(16.3) Changes to the terms and conditions must be made in writing.
(16.4) The place of fulfillment and jurisdiction is Berlin. German law applies.

Copyright © 2024 PIXEO STUDIOS GmbH, Berlin
All rights reserved.