Terms of service
1. General Information
1.1 These General Terms and Conditions of Production and Delivery, which are based on the “General Terms and Conditions of Contract and Delivery of the Austrian Film and Music Industry Association”, apply to all commissioned productions of SolidShot GmbH (hereinafter referred to as the “Producer”). They are generally designed for legal transactions between companies and are an integral part of every offer and every contract.should they exceptionally also be used as a basis for legal transactions with consumers within the meaning of the Consumer Protection Act, Federal Law Gazette No. 140/1979 in the currently valid version, they shall only apply insofar as they do not contradict the provisions of the first main section of this Act.a legal binding of the producer only occurs through the company confirmation of the offer/order (confirmation by fax or e-mail with qualified electronic signature is permissible) or the signing of the contract.
1.2 The production of the film work, regardless of the carrier material, is based on the script approved by the client or provided by the client under the conditions laid down in writing in the production contract or the accepted offer. The treatments, screenplays, drawings, plans and similar documents prepared by the Producer or on his behalf shall remain his intellectual property unless they are used in the film or unless a fee has been agreed for them. Any use, in particular the passing on, duplication and publication, requires the express consent of the Producer. Documents supplied by the client may be demanded back by the client.
1.3 Im Produktionsvertrag bzw. im akzeptierten Anbot wird vermerkt, für welche Verbreitungsgebiete, Medien und Zeiträume das Filmwerk herzustellen ist.
2. Costs
2.1 The contractually agreed price includes all production costs, including a screenable first copy, as well as the granting of rights to the film work to the extent provided for in Section 7.2. The prices are net prices plus the respective statutory value added tax. Unless expressly agreed otherwise, the price does not include travel expenses, personal rights or presenters to be provided, music rights, foreign language versions or the granting of rights for reproduction. Furthermore, the prices are based on the assumption that the client fulfills the obligations set out in point 3.8 and supports the rapid production to the best of his ability. Any additional costs resulting from a breach of these obligations shall be borne by the client and shall be paid separately by the client.
2.2 Weather-related postponements of the shoot (weather risk) are not usually included in the calculated production costs. Any additional costs arising from this title will be invoiced according to documented expenditure plus HU (handling costs).
2.3 A separate contract can be concluded for the production of a treatment or screenplay. The price agreed in this contract shall be paid by the client even if he does not have the treatment or screenplay filmed or withdraws from the order.
If a screenplay is made available by the client or a pre-existing film work is made available by the client or his authorized representative, the client shall transfer the full rights to the producer without any temporal or spatial restrictions.
2.4 If the client requires the conclusion of a specific insurance policy, he must inform the Producer of this at the latest upon conclusion of the contract and reimburse the costs for this.
2.5 The client shall bear the costs of any professional advice it may have arranged.
2.6 A cost estimate requested by the client is always non-binding, unless otherwise agreed in writing in individual cases. The preparation of a cost estimate is generally subject to a charge and will be invoiced to the client at EUR 180.00 including statutory VAT, unless the client subsequently places the order.
3. Production, modification, acceptance, foreign-language versions, delivery deadline, obligations of the client
3.1 Preliminary work, filming and comparable work (see point 5.2) shall begin at the earliest after the production contract has been signed or the offer accepted.
3.2 The Producer is responsible for the artistic and technical design of the work. The Producer must inform the Client of the location and planned sequence of filming. The client must support the producer in the best possible way during production.
3.3 If the client requests changes to the scheduling, the manuscript, the screenplay or the parts of the film already produced before the film is accepted, these changes shall be at the client's expense, unless they are due to the assertion of justified complaints. The Producer shall inform the Client immediately of the anticipated costs of these changes. Likewise, the client shall pay the additional costs incurred for changes initiated by the client, such as subsequent text changes or additional recordings, after invoicing.
3.5 If, for artistic or technical reasons, the producer proposes changes to the already approved screenplay that will lead to additional costs compared to the agreed production price, they require the prior written consent of the client. Additional costs that have not been expressly approved cannot be claimed.
The length of the film work is specified in the production contract. The running time shall be deemed to have been complied with if the edited copy does not deviate by more than 5% from the agreed length.
3.6 If foreign-language versions of the film work are to be produced by dubbing or subtitling, a corresponding agreement must be made.
3.7 All information on completion dates are merely non-binding guidelines. Under no circumstances shall such information constitute binding or guaranteed deadlines. Fixed dates must be expressly and separately agreed with us in writing in advance. Even in the case of a binding completion date, the Producer is not responsible for delays resulting from a change or extension of the original order or from circumstances that were not foreseeable when the contract was concluded.
3.8 The client shall support the rapid and effective production in its own interest with all means at its disposal. Accordingly, the client must in particular ensure that all filming locations can be accessed and filmed at the agreed times, that all contact persons can be reached and, above all, that all necessary film and photo permits have been obtained prior to the start of filming.
4. Warranty/liability
4.1 The producer undertakes to produce a technically flawless product. He expressly warrants that the production has perfect sound and picture quality.
4.2 If a circumstance arises during the production of the film which delays the contractual production or makes it impossible, the producer shall only be liable in the event of intent or gross negligence. The same shall apply if the film is not completed on time. The impossibility of production or the failure to complete the film on time, for which neither the Producer nor the Client is responsible, shall only entitle the Client to withdraw from the contract - in the event of delay only after the expiry of a grace period of at least 2 months. However, the services rendered so far plus HU will be charged.
4.3 Material defects that are recognized by the Producer must be rectified by the Producer. If these corrections cannot be carried out without the cooperation of the Client or its specialist consultant, the Producer may consider the contract to have been fulfilled after the fruitless expiry of a reasonable period of at least two weeks to carry out the corresponding actions. The Producer is entitled to refuse to remedy the defects until the payments due at the time of the correction have been made.
4.4 Irrespective of points 4.2 and 4.3, contractual or non-contractual liability of the Producer shall only exist if the damage was caused intentionally or through gross negligence and is therefore excluded in the case of slightly negligent behavior.
4.5 In general, liability for loss of profit, indirect damage or consequential damage is excluded. The burden of proof for the existence of gross negligence lies with the client. The period for asserting claims for damages and/or warranty claims shall be limited to one year. Any defects must be reported in writing within 3 days, giving a precise indication and description of the alleged defects (obligation to inspect and give notice of defects). If the client does not fulfill this obligation or does not do so in due time, there shall be no claim to warranty, compensation for damages due to the defect itself or rescission of the contract due to an error regarding the absence of defects.
4.6 Any liability on the part of the Producer that is attributable to events of force majeure or other circumstances beyond its control (e.g. strike, epidemics, etc.) is excluded. Insofar as liability is excluded or limited, this also applies to employees or other vicarious agents of the Producer.
5. Withdrawal from the contract by the client
5.1 If the production order has been placed and the Client withdraws from the order through no fault of the Producer, the latter is entitled to invoice the net costs actually incurred as well as the pro rata HU and the lost total profit.
5.2 If an order is canceled between 10 and 4 days before the start of shooting or before a comparable status for film works that are to be produced from existing and/or computer-saved image material, the Producer is entitled to charge 2/3 of the calculated net costs accepted by the Client plus HU and lost total profit.
5.3 If the client withdraws between the 3rd and the 1st day before the scheduled start of shooting or comparable activities (see 5.2), the calculated and commissioned total amount shall be invoiced.
6. Terms of payment/prohibition of offsetting
6.1 Unless otherwise agreed, the following terms of payment shall apply:
50 % as a down payment when the order is placed
50 % upon delivery and final acceptance of production.
6.2 The Client is not entitled to offset its own claims against claims of the Producer unless the Producer is insolvent or the claims have been legally established by a court or expressly recognized by the Producer.
7. Copyrights/utilization rights
The film work is produced on the basis of the screenplay accepted by the client and the film producer. Pursuant to Section 38 (1) UrhG, the producer shall hold all necessary copyright exploitation rights (except if they are held by a collecting society), in particular the reproduction, distribution, broadcasting, performance and ancillary copyrights necessary for the fulfillment of the contract, which shall be administered by the producer even after completion of the work, and it shall be agreed in the production contract which rights of use to the finished work shall be granted to the client after full payment of the production costs and to what extent (spatially, temporally).
The rights to reproduce, edit, modify, supplement, dub into foreign languages and use excerpts in image and/or sound are excluded from the granting of rights, unless they are expressly agreed in the contract and compensated separately. The compensation for these assigned rights of use shall be at least the lost profit of the production.The client expressly declares that he agrees that the legally required notifications to the relevant collecting societies will be made by the producer.
In order to secure the copyright exploitation rights, the source material (image and sound), in particular negatives, master tape and also the residual material, shall remain with the Producer.The Producer undertakes to store the original, image and sound material of the delivered work in a professional manner against reimbursement of costs. The storage period is one year.Before the expiry of the respective period, the client or his authorized representative must request in writing the duration of further storage. With regard to the reimbursement of costs for this additional storage, the procedure shall be in accordance with the guidelines of the Austrian Film and Music Industry Association.Insofar as the rights excluded from the granting of rights pursuant to item 7.3 have been compensated and contractually transferred to the client for exploitation, the obligation pursuant to item 7.6 for storage shall apply to the client, unless expressly agreed otherwise.Upon delivery of the film work, the risk for the copy documents shall pass to the Client, even if the film work is stored at the Producer's premises or at a copying company commissioned by the Producer.
8. Other conditions
8.1 The Producer is entitled to display his company name and/or his company logo as a copyright notice - if necessary also merely in abbreviated form (e.g. as “SolidShot Film Productions”). The producer also reserves the right to design the opening and closing credits. Furthermore, he has the right to show the entire film work or excerpts thereof at competitions and/or festivals as well as for self-promotion (sample reel) or have it shown.In particular, the use of excerpts or other image material on the Producer's website is permitted for self-promotion and shall be deemed equivalent to a screening for self-promotion.
8.2 If several clients place an order with the Producer for a film work, it must be recorded in writing before the start of shooting or before a comparable status in the case of film works that are to be produced from existing and/or computer-generated image material, which client is to make declarations to the Producer on behalf of the other clients in accordance with the preceding points. This applies in particular to the naming of the person responsible for the acceptance of the film work.
8.3 If several co-producers are contractual partners of the client, the provision of point 8.2 shall apply mutatis mutandis.
8.4 Amendments to the production contract and/or these Terms and Conditions of Manufacture require written confirmation. Should a provision of the production contract render a point of these Terms and Conditions of Manufacture and Delivery invalid, this shall not affect the validity of the remaining provisions.
8.5 The place of fulfillment is Salzburg.
8.6 For all disputes arising from or in connection with these General Terms and Conditions and the contracts concluded in accordance with these General Terms and Conditions, the place of jurisdiction shall be exclusively the competent court for the city of Salzburg. This court shall apply Austrian law exclusively.
