General Terms and Conditions

Translation for information. In case of doubt, the German version prevails.

Fellnermedia, owner Robert Fellner, Schmiedeweg 2, 35260 Stadtallendorf, Germany („Fellnermedia“). Version: October 2026.

1 Scope

1. These GTC apply to all contracts between Fellnermedia and its clients for film and video production, photography, post-production, web hosting and domains.

2. They apply to businesses (section 14 German Civil Code, BGB) and to consumers (section 13 BGB). Provisions that apply to only one of these groups are marked as such.

3. Deviating terms of the client apply only if Fellnermedia expressly agrees to them in text form.

4. Individual agreements, in particular in the quotation, take precedence over these GTC.

2 Conclusion of contract

1. Quotations are non-binding and valid for 30 days unless stated otherwise.

2. The contract is concluded when the client accepts the quotation in text form (e.g. by email).

3. A shooting date is only reserved once the deposit has been received.

3 Scope of services

1. The scope of services is defined in the quotation, in particular by the selected package (e.g. Essential, Signature, Cinematic).

2. Editing includes cutting, colour grading and sound mixing to the agreed extent. Further work such as extensive retouching, animation or additional formats is agreed and charged separately.

3. Fellnermedia is responsible for the artistic and technical design (visual style, lighting, editing, choice of music) unless the client gives express instructions. Differences in style do not constitute a defect.

4. Fellnermedia may engage qualified third parties (e.g. lighting and sound technicians, make-up artists).

4 Client's obligations

1. The client provides all information, documents and access required for the production in good time.

2. The client ensures that all necessary permits exist for its own premises, areas and events.

3. The client obtains the consent of all persons filmed or photographed at its request (e.g. employees, guests) and indemnifies Fellnermedia against third-party claims based on missing consent.

4. The client warrants that it holds the necessary rights to any material it supplies (logos, texts, images, music) and indemnifies Fellnermedia against third-party claims arising from an infringement of these rights.

5. If the production is delayed because the client fails to cooperate, the client bears the resulting additional costs.

5 Fees and payment

1. Fees are based on the quotation (flat fee, day rate or hourly rate). For businesses, all prices are net plus statutory VAT; for consumers, they are final prices including VAT.

2. A deposit of 50 % of the fee is due on placing the order, payable immediately upon invoicing without deduction.

3. The remaining 50 % is due on completion, payable immediately upon invoicing without deduction.

4. Travel expenses are borne by the client: train, flights, rental car, taxi and accommodation at cost, car journeys at EUR 0.40 per kilometre. Third-party costs such as music licences, location rental, props or equipment rental are charged separately unless included in the quotation.

5. In the event of late payment, statutory default interest applies: 9 percentage points above the base rate for businesses, 5 percentage points for consumers. Businesses additionally owe the statutory lump sum of EUR 40 (section 288 (5) BGB).

6. If it becomes apparent during production that significant items were not or not sufficiently calculated, Fellnermedia informs the client without delay and submits a supplementary quotation. Additional costs arise only with the client’s consent.

6 Revisions, acceptance, delivery

1. Fellnermedia provides a preview version for approval, usually with a watermark.

2. One round of revisions is included. The client collects all change requests and submits them in text form within 7 days of the preview being provided. Further rounds and changes that deviate from the quotation or agreed concept are charged by time spent.

3. The work is deemed accepted when the client approves it or does not respond within 7 days of the preview being provided. Fellnermedia points out this deadline and its consequence when providing the preview. Acceptance may not be refused because of insignificant defects.

4. The final version without watermark is delivered via download link after full payment. The link is available for 30 days. The client is responsible for saving the files.

5. Fellnermedia is not obliged to archive the work beyond this period unless agreed separately.

6. Raw footage and project files are not handed over. On request, they can be provided for an additional fee.

7. Delivery dates are binding only if Fellnermedia has expressly confirmed them in text form.

7 Cancellation, rescheduling, failure to perform

1. Cancellation by the client. If the client cancels an agreed shooting date, Fellnermedia charges the following percentages of the fee for the shooting day concerned. For packages with several shooting days, the pro rata price per day applies:

more than 30 days before the date: 50 %
30 to 14 days before: 70 %
13 to 7 days before: 85 %
less than 7 days before or no-show: 90 %

The deposit paid is credited. Non-refundable third-party costs already paid (e.g. music licences, location, equipment rental) are charged in addition. The client may prove that no damage or significantly less damage was incurred. Fellnermedia reserves the right to prove higher damage.

2. Rescheduling. The date may be rescheduled once free of charge up to 14 days before. The new date must be within 3 months. Later rescheduling incurs an additional fee of 25 % of the fee for the shooting day concerned. If no new date is agreed within 3 months or the date is rescheduled again, this counts as a cancellation under paragraph 1, calculated from the original date.

3. Failure by Fellnermedia. If Fellnermedia cannot attend a date for reasons beyond its control (e.g. illness, accident), a replacement date is agreed. If this is not possible, e.g. for events, payments made for that date are refunded. Services already rendered are offset.

4. Consumers. The statutory right of withdrawal for consumers remains unaffected.

8 Weather, filming bans and force majeure

1. If the weather makes an outdoor shoot impossible or endangers the equipment (e.g. rain, storm), Fellnermedia decides after consulting the client whether the shoot takes place, is shortened, moved indoors or postponed.

2. The same applies in cases of force majeure (e.g. severe weather, official orders, strikes) and if a location cannot be used for reasons beyond Fellnermedia’s control (e.g. a short-notice filming ban).

3. Postponement for these reasons is free of charge. The replacement date must be within 3 months. Non-refundable third-party costs already incurred are borne by the client.

4. If no replacement date is agreed within 3 months, either party may withdraw. Services already rendered (e.g. concept, planning, preparation) are charged and offset against the deposit. Any remaining amount is refunded.

5. If the shoot fails because the necessary permits for the client’s premises or areas are missing (section 4 (2)), this counts as a cancellation by the client under section 7 (1).

6. Fellnermedia is not liable for delays in the shooting schedule caused by weather, filming bans or force majeure.

9 Rights of use and copyright

1. Fellnermedia is the author of the films and photos produced. The rights under copyright law remain with Fellnermedia unless expressly agreed otherwise.

2. The scope of the rights of use (media, territory, duration) is defined in the quotation. If nothing is specified, the client receives a simple, non-transferable right of use for the agreed purpose. Exclusive rights require a separate agreement.

3. Rights of use pass to the client only after full payment. Until then, any publication is prohibited.

4. Transferring rights of use to third parties, in particular selling them, requires Fellnermedia’s consent in text form.

5. Fellnermedia may use the works for its own promotion, e.g. on its website, social media, showreel and in competitions, unless agreed otherwise in the quotation. If this right is excluded, a surcharge may apply.

6. Fellnermedia may be credited as author where customary in the medium concerned.

10 Music and third-party licences

1. Fellnermedia licenses music and other licensable content in the name and on behalf of the client unless included in the quotation.

2. The licence applies only to the agreed scope (e.g. website and social media). Wider use, such as TV, cinema or paid advertising, may require an extended licence, which is charged separately.

3. The client is responsible for any use beyond the agreed scope.

11 Warranty

1. Statutory warranty rights apply. Fellnermedia is first entitled to remedy defects.

2. For businesses, the limitation period for claims for defects is one year from acceptance. This does not apply to claims for damages under section 12.

3. Businesses must report obvious defects in text form within 7 days of provision.

12 Liability

1. Fellnermedia is liable without limitation for intent and gross negligence, for injury to life, body or health and under the Product Liability Act.

2. In cases of slight negligence, Fellnermedia is liable only for breach of essential contractual obligations, i.e. obligations whose fulfilment makes the contract possible and on which the client may rely. Liability is then limited to the foreseeable damage typical for the contract.

3. Paragraphs 1 and 2 apply to damage to objects, materials or data provided by the client. The client is responsible for backing up its data.

4. Fellnermedia is not liable for defects caused by incorrect or incomplete information from the client.

5. These limitations also apply to Fellnermedia’s employees and vicarious agents.

13 Web hosting

1. Fellnermedia provides the client with storage space on a web server. The server may also be used for other clients; the client’s storage space is kept separate (virtual host).

2. The client receives access data to manage its website and emails. The client keeps them secret and changes the initial password on receipt.

3. Fellnermedia strives for high availability. Constant availability is not owed, in particular during maintenance or disruptions beyond Fellnermedia’s control.

4. The client uses the services lawfully only. Prohibited in particular are unlawful content, mass or spam emails, attacks on systems and any use that disrupts operations for other clients. In case of violations, Fellnermedia may temporarily block access.

5. The client is responsible for its own backups of its website and emails.

14 Domains

1. When registering domains, Fellnermedia acts only as an intermediary between the client and the registry (e.g. DENIC). The registry’s terms apply in addition.

2. Fellnermedia does not guarantee that a requested domain will be assigned or is free of third-party rights.

3. The client is liable for ensuring that its domain does not infringe third-party rights, in particular trademark and name rights.

4. Domain fees are due immediately upon invoicing.

15 Term and termination for hosting and domains

1. The minimum term is 12 months. The contract then renews for 12 months at a time unless terminated with 3 months‘ notice to the end of the term. After the minimum term, consumers may terminate at any time with one month’s notice.

2. Termination must be in text form.

3. The right to terminate for good cause remains unaffected. Good cause exists in particular if the client is more than four weeks in arrears with an amount equal to at least two monthly fees.

4. After the contract ends, all data is blocked and permanently deleted after 4 weeks. The client is responsible for backups and for moving to another provider. Fellnermedia may release the domain after the contract ends unless the client arranges a transfer.

16 Confidentiality and data protection

1. Fellnermedia treats all information obtained in the course of the order as confidential.

2. Fellnermedia processes personal data in accordance with the privacy policy.

17 Final provisions

1. German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law applies only insofar as it does not deprive them of mandatory consumer protection provisions of the country of their habitual residence.

2. The place of performance is Fellnermedia’s registered office.

3. If the client is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction is Fellnermedia’s registered office (Stadtallendorf, Germany).

4. Amendments and additions to the contract must be in text form.

5. If any provision of these GTC is invalid, the remaining provisions remain valid.

6. Fellnermedia is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

Right of withdrawal for consumers

Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day the contract is concluded.

To exercise your right of withdrawal, you must inform us (Fellnermedia, Robert Fellner, Schmiedeweg 2, 35260 Stadtallendorf, Germany, phone +49 69 950 166 85, email ) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or an email). You may use the model withdrawal form on our German terms page, but this is not obligatory.

To meet the withdrawal deadline, it is sufficient to send your notice before the withdrawal period has expired.

Effects of withdrawal

If you withdraw from this contract, we will reimburse all payments received from you without undue delay and at the latest within fourteen days from the day we receive your notice of withdrawal. We will use the same means of payment you used for the original transaction unless expressly agreed otherwise; you will not be charged any fees for this reimbursement.

If you requested that the services begin during the withdrawal period, you shall pay us an amount proportionate to the services provided until you informed us of your withdrawal, compared with the full scope of services under the contract.