Terms & Conditions
For video and film productions of Those Youngbloods GmbH.
1. General
These terms and conditions apply exclusively to all business transactions between customers and the Those Youngbloods GmbH, hereinafter referred to as Those Youngbloods. Conflicting terms and conditions of business of the customer are only effective if they are expressly recognised by Those Youngbloods in writing. Any deviating or additional agreements must also be made in writing.
2. Conclusion of contract
The offers of Those Youngbloods are subject to change. Orders shall not be deemed accepted until Those Youngbloods has approved the order in writing, unless Those Youngbloods accepts the order by implied action on that basis.
3. Copyright and rights of use
3.1 Those Youngbloods owns the copyright to the images and videos in accordance with the Copyright Law.
3.2 The images and videos produced by Those Youngbloods are in principle intended exclusively for the personal use of the customer. If Those Youngbloods transfers the rights of use to its works, only the mere right of use is transferred in any case, unless expressly agreed otherwise. However, no property rights are transferred with the transmission of pictures or videos. Any transfer of rights of use, in particular to third parties, requires a special agreement. This also includes group companies or subsidiaries.
3.3 The rights of use shall only be transferred to the customer after full payment has been made to Those Youngbloods.
3.4 In the context of the exploitation of the pictures, Those Youngbloods may, unless otherwise agreed, demand to be named as the authors of the works. Violation of the right to be named entitles Those Youngbloods to compensation.
The designation "Video : Those Youngbloods" must be stated in every publication directly under the picture/video or in the imprint. In the case of publications on internet platforms, in particular "social media" in the broadest sense (e.g. facebook.com; YouTube.com; vimeo.com; instagram.com, including their subdomains and links from other countries to their "page.com"), which have "share" and "link" functions, Those Youngbloods must be linked as far as possible. This applies in particular to Those Youngbloods' websites at https://www.facebook.com/thoseyoungbloods/; https://www.instagram.com/thoseyoungbloods/ or https://vimeo.com/thoseyoungbloods.
3.5 Any other use, exploitation, duplication, dissemination or publication is subject to a charge and requires the express prior consent of Those Youngbloods. This applies in particular to secondary exploitation or secondary publication, publication on the internet and in social media, in particular in product brochures, in advertising measures or other reprints, any editing, modification or reworking of the image or video material. Changes to the image or video material by editing, compilation or electronic means to create a new copyrighted work are only permitted with the prior written consent of Those Youngbloods. In addition, the image or video material may not be copied, recreated or otherwise used as a motif.
3.6 Notwithstanding the scope of the rights of use granted in individual cases, Those Youngbloods reserves the right to use the images in its own advertising (e.g. in showreels, on the homepage or in its own accounts such as https://www.facebook.com/thoseyoungbloods/; https://www.instagram.com/thoseyoungbloods/ or https://vimeo.com/thoseyoungbloods), even if trademarks, business designations or logos of the customer's companies or other protected signs are recognisable in this context.
4. Remuneration
4.1 Remuneration shall be agreed on a project basis. Costs for projects that have not been expressly agreed in the offer can be invoiced separately by Those Youngbloods. This applies in particular to travel costs or additional services.
4.2 If a one-off payment is agreed, this shall apply to the scope of services described in the order confirmation, otherwise to all services incurred and arranged until the corresponding invoice is issued.
4.3 The Company shall issue invoices in accordance with the progress of the work and shall be entitled to demand payments on account for services still to be provided. Invoices are to be paid immediately after receipt by the Principal, at the latest, however, within 2 weeks. After expiry of this period, delays with the corresponding consequences shall occur without prior notice (obligation to remedy the damage caused by the delays).
4.4 If the foreseeable costs have been calculated by Those Youngbloods in the offer, an overrun of up to 10% will be taken into account in accordance with the contract.
5. Data Protection
5.1 Those Youngbloods is liable for itself and its vicarious agents for breaches of duty that are not directly related to essential contractual obligations only in cases of intent and gross negligence. In addition, it shall be liable for damages arising from injury to life, body or health as well as from the breach of essential contractual obligations caused by itself or its vicarious agents through negligent breach of duty. Unless otherwise agreed, Those Youngbloods shall only be liable for damage to photographic objects, models, displays, layouts or data in the event of intent and gross negligence.
5.2 Those Youngbloods is entitled, but not obliged, to destroy the stored digital raw data after execution of the order.
5.3 The dispatch and return of data is at the cost and risk of the client.
6. Liability
6.1 The Company shall be liable without limitation for damages due to defects of title and the absence of warranted characteristics as well as in the case of intent and gross negligence. Warranted characteristics are only present if they are expressly designated as such. The company shall only be liable for slight negligence in the event of a breach of an obligation, the fulfilment of which is of particular importance for the achievement of the purpose of the contract (cardinal obligation). Liability under the Product Liability Law remains unaffected by this (§ 14 ProdHG).
6.2 Those Youngbloods are not liable for the loss of data and/or programmes insofar as the damage is due to the fact that the customer has failed to make a timely, continuous and functional backup of the data and it is not thereby ensured that the lost data can be restored with reasonable effort. The liability for data loss is limited to the typical recovery effort that would have been incurred if the Customer had made a data backup in the aforementioned sense.
6.3 The above provisions shall also apply in favour of the Company's employees and contractors.
7. Editing of images
7.1 The processing of images or videos of Those Youngbloods as well as their reproduction and distribution, whether analogue or digital, requires the prior consent of Those Youngbloods. If a new work is created by photomontage, editing or other electronic manipulation, it must be marked [M]. The authors of the works used and the author of the new work are co-authors within the meaning of Section 8 UrhG.
7.2 The customer shall create this electronic link in such a way that it is preserved in any type of data transmission, in any reproduction on the screen, in any type of projection, in particular in any public reproduction, and Those Youngbloods can be clearly and unambiguously identified as the author of the videos or images.
7.3 The customer warrants that it is authorized to entrust Those Youngbloods with the electronic processing of third party images or videos if it places such an order. The client indemnifies Those Youngbloods against all claims by third parties based on a breach of this obligation.
8. Acceptance
Acceptance shall take place on completion of the agreed services, normally after a demonstration on a joint acceptance date proposed by the Company. Partial services will be accepted at the Company's request.
9. Archiving of original and project data
The Production shall not be obliged to retain the original material after completion of the project unless expressly agreed otherwise.
10. Retention of raw data
The data created during the production, including raw data, images and sound recordings, shall remain with Those Youngbloods along with the rights of use.
11. Secondary obligations
The client assures that he/she has the right of reproduction and distribution for all models supplied by Those Youngbloods and, in the case of portraits, the consent of the persons depicted for publication, reproduction and distribution. Third party claims based on a breach of this obligation shall be borne by the client.
The client undertakes to make the registration objects available in good time and to collect them immediately after registration. If the client does not collect the registration objects within two working days of being requested to do so, Those Youngbloods are entitled to charge a storage fee if necessary or to remove the objects from storage at the client expense if the studio rooms are locked. The transport and storage costs shall be borne by the client.
12. Deadlines
If deadlines are stated for the performance of the contractual services by the Company, these shall only be binding if they have been expressly agreed. Binding deadlines for the performance of services can only be promised by the project manager:in on behalf of the company.
13. Cancellation
If the customer cancels firmly ordered services, orders or booked dates, Those Youngbloods is entitled to charge the customer the following cancellation fees, if no other rental, usage or booking compensation can be made:
- up to 7 days prior to the booking date, 30% of the net production cost, but not less than the cost already incurred plus the handling costs or profit markup
- up to 3 days before the booking date 50% of the net production costs, but not less than the costs already incurred plus the handling costs or profit markup
- up to 48 hours before the booking date 70% of the net production costs, but not less than the costs already incurred plus the handling costs or profit markup
- less than 24 hours before the booking date 100% of the net production costs.
This provision shall apply without prejudice to any further claims for damages under the law and/or these General Terms and Conditions.
14. Confidentiality
All information and documents which become accessible to the client within the scope of the order shall be treated as strictly confidential, even after the order has been completed, and even if the order is not executed.
The client shall impose this confidentiality obligation in writing on its employees, subcontractors, etc. involved in the execution of the order, insofar as this is necessary to maintain confidentiality.
15. Salvatory clause
The invalidity of any provision of the General Terms and Conditions shall not affect the validity of the remaining provisions. The invalid clause shall be replaced by a valid clause which comes as close as possible to the economic meaning of the invalid clause.
16. Policies
16.1 Those Youngbloods aims to encourage an inclusive and equal industry that allows everyone to feel safe. We strive to represent society as it is in productions and to counteract the destructive stereotypes (such as racist, homophobic, transphobic or sexist stereotypes). The social structures that lead to discrimination and exclusion (sexism, racism, etc.) also affect our productions. We have the responsibility to actively counteract these structures. This means, among other things, that we analyze the consequences of the decisions we make in our productions to the best of our ability, act on the basis of our findings, and make appropriate recommendations to customers.
16.2 All participants in our production are - regardless of function - representatives of Those Youngbloods. Everyone has an individual responsibility to contribute to a safe and inclusive process. Therefore, we expect our team members on our productions to ensure that no one faces harassment, discrimination or exclusion.
16.3 Everyone involved in the production - clients, freelancers, extras or interns - should be treated with kindness. We want to create an inclusive and friendly environment where we treat each other with respect. There should be no harassment based on gender, disability, sexual orientation, religion or origin, or any other form of abuse during productions of Those Youngbloods.
16.4 During our productions, the usual rules of conduct on set apply: no running or shouting except in case of emergency, do not block aisles or escape routes. Everyone have to help ensuring the safety of others. Instructions from the production should be listened to at all times.
16.5 Everyone who drives a car on productions have to obey traffic laws at all times. In planning, car trips while being tired or stressed should be avoided from production.
16.6 There is a zero tolerance policy for alcohol and drugs on set. Team members who are under the influence of alcohol or other drugs on the job will be immediately suspended from duty. Anyone who notices that a team member is under the influence of alcohol should contact the producer.
16.7 To be environmentally friendly, we schedule meetings online so that as little travel as possible is required. We do not provide PPM deck or callsheet printouts. The necessary documents are provided digitally in advance. We work digitally. Invoicing is also done digitally, please do not send us paper invoices.