1. General Provisions

 

1.1 These General Terms and Conditions (GTC) exclusively govern the business relationship between ÜBERMOOD and the client. These GTC also apply to future follow-up assignments. Changes or additions to these GTC must be in writing and are only valid if confirmed in writing by ÜBERMOOD.

 

1.2 These GTC apply to all deliveries and services of any kind, including those performed by third parties on behalf of ÜBERMOOD (e.g., camera, editing, color grading, or consulting), unless otherwise agreed in writing.

 

1.3 By placing the order, the client declares that they are aware of these GTC and agree to them. Conflicting GTC of the client shall only apply if ÜBERMOOD expressly acknowledges them in writing.

 

1.4 The production of the film is based on a concept provided or approved by the client and will be carried out according to ÜBERMOOD's quality standards (e.g., showreel).

 

1.5 ÜBERMOOD has sole responsibility for the technical and artistic design of the film and its components.

 

 

2. Costs

 

2.1 All prices are quoted in euros (€), net, plus applicable VAT. The agreed price includes all production costs, provided the film is produced according to the specifications given at the time of commissioning and the approved concept.

 

2.2 Travel costs are not included in the price and will be charged separately.

 

2.3 If the client changes the concept or orders additional services after contract conclusion, ÜBERMOOD will notify the client of any additional costs in advance. If no consent is given, a maximum of 50% of the production costs will be charged. Deviations from the approved concept by ÜBERMOOD require the client’s prior consent.

 

2.4 ÜBERMOOD may request a reasonable advance payment of up to 50% of the order value before production begins.

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2.5 An increase in the agreed fee by up to 10% is deemed contractually permissible. In the case of larger deviations, ÜBERMOOD shall inform the client, specifying the additional fee. This shall be deemed accepted if the client does not object in writing within 2 working days.

 

2.6 Weather-related postponements of the shoot (weather risk) are not included in the price. The additional costs incurred will be charged separately upon proof. The same applies to additional shoot days not caused by intentional or grossly negligent behavior by ÜBERMOOD.

 

2.7 ÜBERMOOD is not liable for travel costs or lost earnings of the client due to reshoots not caused by ÜBERMOOD (e.g., technical defects).

 

2.8 A separate agreement may be made for the creation of treatments or scripts. The agreed price is due even if filming does not take place. If filming does occur, this price is included in the total.

 

2.9 Changes prior to final approval that do not constitute legitimate complaints are the responsibility of the client. ÜBERMOOD will inform the client of any additional costs in advance. ÜBERMOOD may reject changes that interfere with artistic or technical design.

 

2.10 The selection of actors, models, or voice talents is made in consultation with the client. The client bears any additional costs for extraordinary fees.

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2.11 In the case of a contract withdrawal without fault on the part of ÜBERMOOD, the client bears all costs incurred up to that point.

 

2.12 If the production is postponed less than 10 days before the scheduled shoot, ÜBERMOOD is entitled to reimbursement for resulting additional costs.

 

2.13 If no deadlines or content references are provided for postproduction, time management and execution rest solely with ÜBERMOOD.

 

 

3. Production

 

3.1 Production preparation and shooting will begin only after the production contract has been signed or a written offer has been accepted.

 

3.2 Artistic and technical design is the responsibility of ÜBERMOOD. The client will be informed about the location and schedule.

 

3.3 The client must designate a representative authorized to make binding decisions and give instructions. Their verbal instructions during production are binding.

 

3.4 Any material (image, sound, text) provided by the client must be delivered in a standard, usable format. Necessary conversions will be carried out at the client’s expense.

 

3.5 The client warrants that they hold all necessary rights to the provided material and will transfer them to ÜBERMOOD.

 

3.6 ÜBERMOOD is responsible for artistic and technical design. The client is liable for content accuracy and legal admissibility.

 

3.7 ÜBERMOOD bears production risk until final approval. This does not apply to client-provided materials, which must be secured by the client.

 

3.8 After the rough cut, the client will be given an opportunity to view and approve the edit. Any changes requested after approval will be charged to the client.

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3.9 ÜBERMOOD provides music licenses from its own audio library. If the client requests specific tracks, they must ensure that the necessary rights are obtained. Alternatively, ÜBERMOOD may obtain licenses for an additional fee.

 

3.10 Foreign-language versions (dubbing, subtitles) require a separate agreement.

 

 

 

4. Approval

 

4.1 The final version will be provided to the client via download link (or data carrier). If written approval is not received within 7 days, the film is considered accepted.

 

4.2 With acceptance, the client confirms the technical and artistic quality of the film.

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4.3 If correction rounds are explicitly defined in the offer and not used, there is no entitlement to further revisions.

 

4.4 Without a separate agreement, the client may request one artistic revision. ÜBERMOOD is not obligated to perform further changes.

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4.5 The client is obliged to approve the film if it complies with the approved concept and agreed quality standard.

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4.6 Changes after approval are made exclusively by ÜBERMOOD and at the client’s expense. ÜBERMOOD may reject changes that interfere with artistic or technical aspects.

 

 

 

5. Delivery Deadlines

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5.1 The delivery date is mutually agreed upon before production begins.

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5.2 Delays due to client-side changes or responsibilities entitle ÜBERMOOD to a reasonable extension.

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5.3 If delays exceed 6 months and are the responsibility of the client, ÜBERMOOD may withdraw from the contract. All efforts up to that point must be compensated.

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5.4 In the case of unforeseeable events (e.g., strike, government order, telecommunication failures), the delivery deadline will be adjusted accordingly.

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5.5 If ÜBERMOOD is delayed, the client must grant a reasonable grace period.

 

 

 

6. Liability

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6.1 ÜBERMOOD is only liable for damages caused intentionally or through gross negligence.

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6.2 If production becomes impossible due to reasons outside of ÜBERMOOD’s responsibility, ÜBERMOOD is not liable. The client may withdraw but must pay for services rendered.

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6.3 Defects must be reported in writing within one week of delivery. Content-related disagreements are not considered defects. Compensation is only available in cases of fraud or gross negligence.

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6.4 ÜBERMOOD assumes no liability for disruptions during filming in the client’s premises.

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6.5 The client is responsible for the rights to provided materials. ÜBERMOOD is liable for its own copyright infringements.

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6.6 ÜBERMOOD delivers a technically flawless final product. No warranty is provided for edits made by third parties afterward.

 

 

7. Copyright and Usage Rights

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7.1 Raw footage and derived content remain the property of ÜBERMOOD. Any use by the client requires written consent. Client-supplied material can be returned upon request.

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7.2 ÜBERMOOD may use its name and logo as a copyright credit.

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7.3 Unless otherwise agreed, the client receives the exclusive right to online use (website, YouTube, social media). Other uses (e.g., TV, cinema) require additional licenses.

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7.4 Usage rights are transferred only after full payment.

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7.5 ÜBERMOOD may use the material for self-promotion (showreel, client presentations) once the film has been published by the client.

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7.6 Edits may only be carried out by ÜBERMOOD, unless this is technically or economically unreasonable.

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7.7 Original material will be archived for 1 year, completed productions for 2 years. Extended archiving requires a separate, written agreement.

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7.8 Upon delivery of the broadcast-ready version, the risk for copies transfers to the client.

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7.9 The source material remains with ÜBERMOOD to protect its exploitation rights.

 

 

 

8. Withdrawal and Cancellation

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8.1 The client may withdraw before the first installment is paid. Costs incurred up to that point must be reimbursed.

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8.2 If cancellation occurs between 10 and 4 days before the shoot: 2/3 of the net budget plus VAT and lost profit are due.

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8.3 Cancellation between 3 and 1 day before the shoot: the full project fee becomes due.

 

 

9. Payment Terms

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9.1 Invoices are payable upon receipt without deductions.

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9.2 Unless otherwise agreed, payment is due as follows:

 

- 50% upon commissioning

 

- 50% upon approval

 

Bei längerer Produktion:

 

- 1/3 upon commissioning

 

- 1/3 at start of filming

 

- 1/3 upon approval

 

 

 

10. Confidentiality

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Both parties agree to keep confidential all business and trade secrets obtained in connection with the contract—even beyond the term of the agreement. This also applies to employees.

 

 

 

11. Social Security for Artists

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ÜBERMOOD points out that fees may be subject to social security contributions according to § 24 KSVG. The client is responsible for registering and paying the artist’s social security contributions. These may not be deducted from the agreed fee.

 

 

 

12. Severability Clause

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12.1 Amendments to these GTC and any additional agreements must be in writing. Declarations via fax or email are considered written.

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12.2 Should individual provisions be or become invalid, the validity of the remaining provisions shall remain unaffected.

 

 

 

13. Final Provisions

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13.1 Place of performance and jurisdiction is Gelsenkirchen.

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13.2 Unless explicitly objected to, ÜBERMOOD may publish the project on its own website after the client has released it.