GTC

General Terms and Conditions (GTC)

0049 PRODUCTIONS GMBH & CO. KG Effective Date: 1st September 2026 © 0049 PRODUCTIONS GMBH & CO. KG – Reproduction prohibited

1. Scope

1.1. These General Terms and Conditions (GTC) apply to all services and products provided by 0049 PRODUCTIONS GMBH & CO. KG (hereinafter "0049") for its clients, including creative works such as music, photos, videos and graphic designs, ordered through the online shop or directly via other communication channels (e.g. email or phone). These GTC also apply to international orders unless expressly agreed otherwise.

1.2. These GTC also apply to all subcontractors, service providers and other third parties acting on behalf of 0049. They must agree to these terms before commencing cooperation.

1.3. Deviating, conflicting or supplementary terms of the client, service provider or third party do not become part of the contract unless expressly acknowledged by 0049 in writing.

1.4. In case of a conflict between these GTC and an individual order (offer, project agreement, contract), the individual order takes precedence. Deviating provisions regarding usage rights are only effective if explicitly stated in writing in the individual order.

1.5. The services of 0049 are directed exclusively at entrepreneurs within the meaning of § 14 BGB (German Civil Code), i.e. natural or legal persons or partnerships acting in the exercise of their commercial or independent professional activity.

1.6. Free collaborations, TFP (time for print) shootings and barter agreements require a separate written agreement, in particular regarding usage rights. Insofar as the other party is an entrepreneur, these GTC apply additionally.

1.7. These GTC apply to all orders placed from the effective date. Orders placed earlier remain subject to the terms valid at the time; section 5.9 applies to usage rights of existing productions.

2. Conclusion of Contract and Order Placement

2.1. All offers from 0049 are non-binding unless explicitly marked as binding. Prices, services and availability may change until a written order confirmation is issued.

2.2. A contract is concluded as soon as 0049 confirms the order in writing or the client accepts an offer from 0049 in writing or text form (e.g. email).

2.3. Changes, additions or side agreements require text form (e.g. email) to be effective.

2.4. Order placement via email or other electronic means is legally binding unless a written signature is explicitly required.

3. Payment Terms

3.1. General Payment Conditions

  • A deposit of 50% of the agreed total price is due upon conclusion of the contract and before the project starts.

  • The remaining 50% is due after completion and delivery of the agreed services.

  • Unless otherwise agreed in writing, invoices are due within 14 calendar days of invoicing without deductions.

  • If the deposit is not received in time, 0049 may reassign the agreed date or postpone the project.

3.2. Accepted Payment Methods Payments can be made via the payment methods offered in the online shop, by bank transfer to the account stated in the offer or invoice, or by other methods agreed in writing. For international payments, the client bears bank fees, transaction charges and exchange rate differences.

3.3. Late Payment

  • In the event of late payment, statutory default interest (§ 288 (2) BGB) and the statutory flat fee of EUR 40 (§ 288 (5) BGB) apply. Further claims remain unaffected.

  • Costs for delays or rescheduling caused by late payment may be invoiced.

  • If an invoice remains unpaid 14 days after the due date, 0049 may suspend further work and withhold delivery until full payment is received.

  • If an invoice remains unpaid for more than 30 days, 0049 may engage a collection agency or initiate legal proceedings at the client's expense.

3.4. Retention of Rights

  • All usage rights and all delivered material remain with 0049 until full payment has been received (see 5.2).

  • If payment remains outstanding for more than 60 days despite a reminder, 0049 may terminate the contract, invoice the work completed up to that point and refuse the transfer of usage rights.

4. General Information on Offers and Services

4.1. Working Hours One production day covers up to 8 hours of work (Monday to Friday). Time units: H = hour(s), D = day(s), W = week(s), M = month(s), Y = year(s).

4.2. Implementation Services are implemented as quickly as possible and in consultation with the client. 0049 is not liable for delays caused by circumstances beyond its control (e.g. weather, permits, logistics).

4.3. Third-Party Costs & Add-Ons 4.3.1. Unless stated in the offer, third-party costs (e.g. location fees, music licensing, models, set design, equipment rental, transport, accommodation, catering, security, permits) are not included and require the client's prior approval in text form, unless immediate booking is necessary to keep the production schedule. In such cases, 0049 may book at market-typical conditions in the interest of the project. 4.3.2. Third-party costs quoted as fixed add-ons or flat rates in the offer are billed as quoted. All other third-party costs are billed based on actual expenses. 4.3.3. 0049 may charge a handling fee of up to 15% on third-party costs for coordination, booking and financial risk, if stated in the offer. 4.3.4. 0049 may withhold delivery until all approved third-party costs have been paid.

4.4. Travel, Accommodation & Off-Days 4.4.1. Travel days (crew & equipment travelling to or from the production site) and off-days (crew on site without productive work, e.g. due to waiting times) are billed at 50% of the agreed daily rate per crew member. 4.4.2. Travel time, mileage and other travel costs are billed as stated in the offer. 4.4.3. Accommodation is quoted as a flat rate per person per night (incl. breakfast). If market prices at the production location significantly exceed this rate at the time of booking (e.g. due to trade fairs, events or high season), 0049 informs the client and bills the actual costs. 4.4.4. Flights are booked in a fare class that permits the carriage of the required production equipment (checked baggage, extended carry-on allowance, flexible rebooking). For flights over 4 hours or with extensive equipment, 0049 may book business class. Excess baggage, equipment and special baggage fees, seat reservations and airport transfers are billed at cost. 4.4.5. For rail travel, 0049 books first class. 4.4.6. If the client books travel or accommodation, the bookings must meet these requirements. Additional costs resulting from insufficient bookings (e.g. excess baggage, rebookings, denied boarding) are borne by the client.

4.5. Overtime & Special Working Hours

  • Hours 9 and 10 of a working day are billed pro rata (daily rate ÷ 8 per hour), unless an extended production day has been agreed in the offer.

  • Work exceeding 10 hours: +25% surcharge on the daily rate

  • Work exceeding 12 hours: +60% surcharge on the daily rate

  • Work exceeding 13 hours: +100% surcharge on the daily rate

  • Night work (10:00 PM – 6:00 AM): +25%

  • Saturdays: +25%

  • Sundays & public holidays (at the production location): +100% Surcharges are based on the agreed net daily rate of the personnel involved. Overtime is documented and invoiced accordingly.

4.6. Weather Risk & Force Majeure 4.6.1. The weather risk and the risk of force majeure at the production location (e.g. storms, heavy rain, extreme heat, snow, flooding, road closures, official orders, closure of the location) lie with the client. The decision to postpone is made jointly, if possible no later than 24 hours before production. 0049 may postpone a production if the safety of the team or the agreed quality cannot be ensured. 4.6.2. Postponement more than 48 hours before production: 0049's own fees are not charged. All costs already incurred or no longer cancellable (e.g. models, talents, crew, equipment rentals, locations, accommodation, travel bookings) are borne by the client. 4.6.3. Postponement less than 48 hours before production or on the production day: in addition to 4.6.2, 50% of the daily rates of all booked personnel (off-day, see 4.4) as well as travel costs and travel time incurred are billed. If the production has already started, the production day is billed in full. 4.6.4. The replacement date is billed as agreed in the offer. If no replacement date is agreed within 3 months, section 7 applies to the remaining services. 4.6.5. If the production cannot take place due to reasons on 0049's side (e.g. illness of key crew members), 0049 provides a replacement or a new date at no additional cost to the client. 4.6.6. For outdoor productions, 0049 recommends agreeing on a weather backup date and taking out production insurance (see 8.2).

4.7. Briefing & Production Information The client provides all necessary information in good time before production (e.g. agenda, moodboard, contact persons, technical requirements, brand guidelines, target formats). 0049 is not liable for delays, deviations or additional costs caused by incomplete or late information.

4.8. Third-Party Content & Rights Clearance The client is responsible for ensuring that music, brand assets, locations, venues and other content not created by 0049 are cleared for use. For persons depicted, section 5.8 applies. 0049 is not liable for claims arising from third-party rights that the client was responsible for clearing.

4.9. Data Storage & Archiving

  • Unless the Project-Backup Add-on is booked, 0049 stores deliverables and project data (incl. raw footage) for 30 days after delivery and may then delete them permanently.

  • Download links for deliverables are valid for 30 days. The client is responsible for backing up the delivered files within this period.

  • Extended archiving (e.g. 1, 2 or 3 years) is available via the Project-Backup Add-on and can also be booked after delivery, as long as the data has not yet been deleted.

  • Retrieval or re-export after deletion is not possible. Raw footage and unselected material are not handed over unless agreed (see 5.5).

4.10. Services Not Included Unless Agreed Motion design, 2D/3D animation, stock footage, AI-generated content, voice-over, subtitles, translations, scripting, copywriting, extensive set design and visual effects are not included unless stated in the offer. Simple static text overlays and captions are only included if stated in the offer.

4.11. Revisions & Change Requests 4.11.1. One feedback round per deliverable is included. Feedback must be consolidated, provided in text form by one contact person and submitted within 7 working days of delivery. 4.11.2. A feedback round covers minor revisions, e.g. timing, transitions, text, audio levels, color adjustments or swapping individual shots from the existing material. 4.11.3. The following are not included and are billed based on time and effort (hourly rate = daily rate ÷ 8) or quoted separately: additional feedback rounds, new versions, formats or lengths, structural changes, new music after approval, additional deliverables and changes to an approved concept. 4.11.4. Where foreseeable, 0049 informs the client of additional costs before starting the work. 4.11.5. Differences in taste or style do not constitute a defect, provided the delivery corresponds to the approved concept.

4.12. Delivery Timeline Delivery follows the capacity and availability of the production team unless agreed otherwise. Priority deliveries must be agreed in advance and may incur additional charges.

4.13. Data Protection & Personal Rights On Site (GDPR)

  • The client or event organizer is responsible for fulfilling data protection obligations on site, especially at events with audiences, guests or participants: providing GDPR-compliant information and signage, informing participants and obtaining consents where required.

  • 0049 is not liable for violations resulting from the non-fulfilment of these obligations. The client indemnifies 0049 against resulting third-party claims.

  • 0049 processes personal data contained in footage only for the purpose of the order. A data processing agreement (DPA) is available on request.

4.14. Events & Restricted Environments 4.14.1. For productions at events or in dynamic or restricted environments (e.g. festivals, racetracks, airfields, hangars, factories, public events, remote locations), the client ensures safe access, required permits, accreditations, access passes, safety briefings, NDAs and adequate safety measures in good time. 4.14.2. At events with artists, VIPs or large audiences, the client ensures backstage, press, stage and photo pit access in coordination with the organizer. 4.14.3. 0049 is not liable for false fire or security alarms caused by common audiovisual equipment (e.g. lighting, haze), for related costs (e.g. fire brigade call-outs, evacuations, fines) or for delays caused by location-specific restrictions, unless 0049 acted with intent or gross negligence. 4.14.4. Waiting times and on-site restrictions are billed as off-days or overtime.

4.15. Publishing of Drafts & Behind-the-Scenes Content Drafts, previews and unreleased material may not be published without prior approval from 0049 in text form. 0049 may request the removal of content published prematurely or in a misleading context.

4.16. Livestreaming Live productions and livestreams are subject to separate technical and contractual conditions. The client ensures all streaming permissions (e.g. music, logos, third-party content). 0049 is not liable for disruptions, platform restrictions or technical limitations beyond its control.

4.17. Mutual Respect Both parties commit to respectful and professional cooperation. Discriminatory, defamatory or brand-damaging conduct towards artists, team members or 0049 entitles 0049 to terminate the cooperation with immediate effect. Services rendered up to that point remain payable.

4.18. Agency & White-Label Projects For agency-led or white-label productions, the end client must be disclosed before production. If the end client is not disclosed, 0049 may limit usage rights, request an NDA or apply a surcharge for liability and coordination. This also applies to other multi-party constellations (e.g. production partners, PR agencies).

4.19. Liability (B2B) 4.19.1. 0049 is liable without limitation for intent and gross negligence. 4.19.2. In cases of slight negligence, 0049 is only liable for breaches of essential contractual obligations, limited to the typical, foreseeable damage at the time of contract conclusion. 4.19.3. To the extent legally permissible, liability for indirect damages, loss of profit, business interruption and loss of data is excluded in cases of slight negligence. 4.19.4. To the extent legally permissible, liability in cases of slight negligence is limited to the net order value of the respective project. 4.19.5. These limitations do not apply to injury to life, body or health or to mandatory statutory liability. 4.19.6. These limitations also apply to 0049's employees, representatives, vicarious agents and subcontractors. 4.19.7. 0049 does not assume guarantees (e.g. reach, rankings, performance) unless explicitly confirmed in writing as a "guarantee".

4.20. Third-Party Services, Tools & Subcontractors 4.20.1. Third-party services defined as external or pass-through costs in the offer (e.g. hosting, printing, platforms, licenses, couriers, event suppliers) are provided under the responsibility of the respective provider. 0049 is liable only for careful selection and coordination. 4.20.2. If third-party services are commissioned in the client's name and for the client's account, 0049 acts solely as an intermediary. 4.20.3. Where legally permissible, 0049 may assign its claims against third-party providers to the client. The client shall first pursue such claims against the third party, unless this is unreasonable. 4.20.4. External tools and integrations (e.g. CRM, analytics, AI tools, plug-ins) must be approved in advance. 0049 is not liable for changes, outages or incidents originating from such tools. 4.20.5. If the project relies on client-owned accounts, the client provides correct access data in good time. Resulting delays and additional costs are borne by the client.

4.21. Client Cooperation & Approvals 4.21.1. The client provides all required content, approvals, access data, legal texts and brand assets in good time. 4.21.2. Agreed deadlines are binding only if the client fulfils its cooperation obligations. Delays caused by the client entitle 0049 to adjust timelines and to bill additional effort. 4.21.3. After approval of concepts, texts, drafts or cut versions, 0049 is not liable for defects based on approved content (e.g. spelling, claims, product data), unless 0049 acted with intent or gross negligence. 4.21.4. The client is responsible for the legal compliance of supplied content (e.g. claims, trademarks, competition law). 0049 does not provide legal review. 4.21.5. If the client intends to assert rights due to delay, it grants 0049 a reasonable grace period of at least 14 calendar days in text form, unless statutory provisions require otherwise.

4.22. Acceptance & Project Completion 4.22.1. Deliverables are deemed accepted if the client does not submit feedback within 7 working days of delivery, or as soon as the client publishes or uses them. 4.22.2. After the included feedback round has been implemented, the revised version is considered final. 4.22.3. Technical defects (e.g. faulty exports, corrupted files) are corrected free of charge within a reasonable period. 4.22.4. If the client does not provide required feedback, content or approvals for more than 30 days, 0049 may close the project and invoice the services rendered. Resuming the project is billed based on time and effort. 4.22.5. For data storage and download links, section 4.9 applies.

5. Usage Rights, Licensing & Material

5.1. Copyright All creative works produced by 0049 (e.g. videos, photos, graphics, animations, concepts) are protected by copyright. 0049 remains the author; the client receives usage rights in accordance with this section.

5.2. Payment Condition Usage rights are granted upon full payment of all agreed fees. Until then, the client may not use, publish, edit or distribute the material. Unauthorized use constitutes copyright infringement.

5.3. Standard License (included) Unless otherwise agreed, every order includes the Standard License for final content:

  • Use on the client's own channels: website, social media, newsletter, print, PR, presentations & internal communication

  • Worldwide, unlimited in time, non-exclusive

  • Organic use only (no paid advertising); monetization of the client's own channels (e.g. YouTube, streaming platforms) is permitted

  • Third parties may share the client's published posts via platform functions (e.g. share, repost, collab post, story mention) with credit; uploading the files to their own channels requires a Partner License The Standard License applies to all productions, including events, artists, corporate, social media and photo productions.

5.4. Extended Licenses (optional) Extended licenses are calculated as a percentage of the net production volume (excluding third-party costs, travel expenses & add-ons) and can be combined:

  • Advertising License (+15%): Use in paid media, e.g. paid social, online ads, print ads, out-of-home, TV, cinema & streaming, for 2 years; extendable at the same rate.

  • Partner License (+10%): Sharing with named third parties (e.g. sponsors, artists, partners, venues, suppliers) for use on their own channels, organic only, with credit to 0049.

  • Buyout (+25%): Use in all media, worldwide, unlimited in time, exclusive and transferable to third parties. Includes the Advertising and Partner License. Minimum fees per extended license: Partner License EUR 150, Advertising License EUR 250, Buyout EUR 500 (net).

5.5. Material Types The material type defines what is delivered:

  • Final Content (included): Final videos & photos edited by 0049. Technical and platform-native adaptations (e.g. cropping, format conversion, captions, text, logos, stickers) are permitted; further editing is not.

  • Edit-Ready Footage (+10%): A curated selection of color-graded clips or basic-corrected photos (e.g. RAW/DNG), delivered without final editing, for the client's own or third-party editing. Review, selection & grading are billed as postproduction.

  • Raw Footage (+75%): The complete unedited source material for the client's own or third-party editing. In combination with a Buyout, this constitutes a full buyout (100%). Edited or re-cut material remains subject to the agreed license.

5.6. Transfer, Agencies & Restrictions 5.6.1. Usage rights are non-transferable unless included in the agreed license (5.4) or agreed in writing. 5.6.2. For agency or white-label productions, rights are granted to the disclosed end client (4.18) and may be exercised by the agency on its behalf. 5.6.3. Material may not be used for competing productions or for illegal, unethical or reputation-damaging purposes. External editors may only be engaged within the agreed license.

5.7. Credit & Portfolio 5.7.1. 0049 is entitled to be credited as producer where customary (e.g. "Video: 0049 Productions"), unless otherwise agreed. 5.7.2. 0049 may use the material for its own portfolio and marketing, unless excluded in writing or by NDA. For a Buyout, the portfolio right remains unless excluded in writing.

5.8. Model Releases & Personal Rights 5.8.1. Usage rights can never exceed the consents of the persons depicted or other third-party rights. 5.8.2. If 0049 books models or talents, 0049 obtains releases covering the agreed license. 5.8.3. If the client, agency or event organizer provides the persons depicted (e.g. employees, artists, speakers, guests, participants), the client is responsible for the required consents (see 4.13).

5.9. Existing Productions For productions ordered before the effective date of these GTC, the usage rights agreed at the time apply. If no usage rights were documented, the Standard License (5.3) applies. Extended licenses (5.4) can be added at any time at the current rates.

5.10. Use Beyond the Agreed License Use beyond the agreed license requires prior approval in text form and is billed subsequently at the applicable rates. Further claims remain unaffected.

6. Commissions and Exclusions

6.1. Participants in the Ambassadors Program receive a commission on sales generated through their codes or links, only on the first completed contract (excluding subscriptions) and excluding third-party costs.

6.2. The following services are excluded from commissions as third-party or pass-through expenses:

Add-ons: Delivery Service, Overtime Spend, Equipment Package Social, Equipment Package Cine, Catering Spend, Props & Costume Spend, Voice-Over Spend, Buy-Outs Spend, Ad Spend, Stock Spend, Rental Spend, Extra-Services Spend, Model Spend, Project-Backup, KM Spend, Travel-Time Spend, Overnight Spend, Flight Spend

Prepaid services: Blind Booking Prepaid Plan, Blind Booking Prepaid Service, Blind Booking Prepaid Code

Plans: Ad Spend Plan, Stock Spend Plan, Rental Spend Plan, Extra-Services Spend Plan, Project-Backup Plan, 0049 Digital Gift Card

7. Cancellation & Postponement

7.1. Cancellation by the Client The client may cancel the contract at any time in text form (e.g. email). The following cancellation fees apply, based on the agreed net total excluding third-party costs:

  • More than 4 weeks before production: 25%

  • 4 to 2 weeks before production: 50%

  • Less than 2 weeks up to 48 hours before production: 75%

  • Less than 48 hours before production: 100%

7.2. In addition, all third-party costs already incurred or no longer cancellable (e.g. models, crew, rentals, locations, accommodation, travel bookings) are borne by the client. Services already rendered (e.g. concept, pre-production) are billed at least at their full value. Payments already made are credited. The client is entitled to prove that no damage or significantly lower damage has occurred.

7.3. Events The cancellation or postponement of an event by the organizer, the venue or the authorities is considered a cancellation by the client, unless it is caused by 0049. In the event of weather or force majeure, section 4.6 applies.

7.4. Postponement by the Client 7.4.1. If the client requests a postponement and a new date within 3 months is agreed at the same time, no cancellation fee is charged. 7.4.2. However, the client bears all costs already incurred or no longer cancellable (e.g. travel and accommodation bookings, rentals, locations), as well as fees for subcontractors, crew, models and talents who were booked or blocked for the original date and cannot be released without costs. 7.4.3. If the postponement is requested less than 48 hours before production, 50% of the daily rates of all booked personnel (off-day, see 4.4) are billed in addition. 7.4.4. The rescheduling effort is billed based on time and effort. 7.4.5. If the new date does not take place, section 7.1 applies based on the original date.

7.5. Reduction of Scope A reduction of the confirmed scope (e.g. fewer production days, fewer crew members or deliverables) is considered a partial cancellation in accordance with section 7.1.

7.6. Rebooking Credit If the client books a new production with 0049 within 6 months of a cancellation, 0049 may credit up to 50% of the cancellation fee paid (excluding third-party costs).

7.7. Cancellation by 0049 7.7.1. If 0049 cannot provide the service for reasons on its side (e.g. illness), 0049 first offers an equivalent replacement crew or a new date. If this is not possible or reasonable for the client, payments already made for services not rendered are refunded. Further claims are limited in accordance with section 4.19. 7.7.2. 0049 may terminate the contract for good cause, in particular in case of late payment (3.3), missing cooperation (4.21), safety risks (4.14) or misconduct (4.17). In this case, the client pays for all services rendered and all costs incurred up to that point.

8. Insurance

8.1. Service providers and subcontractors commissioned by 0049 are responsible for adequate insurance coverage, in particular liability, equipment and, where applicable, drone insurance.

8.2. On request, 0049 can arrange project-specific insurance for the client, e.g. production failure insurance (e.g. weather, illness of key personnel) or data insurance.

9. Delivery and Provision

9.1. Film productions are delivered in up to UHD (MP4, 16:9 and/or 9:16).

9.2. Photo productions are delivered in full resolution as JPEG. TIFF files are available on request. RAW/DNG files are only delivered as Edit-Ready or Raw Footage (5.5).

9.3. Other formats and resolutions must be agreed in writing before the start of the project.

9.4. Hosting, Maintenance & Support 9.4.1. Hosting, maintenance, updates, backups, monitoring and support are only included if explicitly agreed. 9.4.2. Third-party hosting is subject to the provider's terms. 0049 is not responsible for outages beyond its reasonable control. 9.4.3. An agreed availability level applies as an annual average and excludes maintenance windows, force majeure and third-party outages. 9.4.4. No system offers absolute protection against cyber attacks. 0049 does not guarantee freedom from security vulnerabilities. 9.4.5. Without a maintenance package, the client is responsible for updates, backups, access management and secure operation from handover. 9.4.6. With a maintenance package, the scope results from the offer. Additional services are billed separately. 9.4.7. The client provides access to domain and DNS settings where required and ensures that domain ownership and payment data remain valid. 9.4.8. In case of unlawful use of a website, 0049 may take proportionate measures (e.g. temporary suspension). Resulting costs may be billed.

10. Final Provisions

10.1. Changes and additions to these GTC require text form.

10.2. Should individual provisions be invalid, the remaining provisions remain valid. The statutory provisions apply in place of the invalid provision.

10.3. These GTC are published in English as the legally binding version. In case of discrepancies between language versions, the English version prevails.

10.4. German law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG), also for international clients.

10.5. The exclusive place of jurisdiction is Rottweil, Germany. Deviations must be agreed in writing before contract conclusion.