GTCs

STUDIO BIGALKE
c/o C’Mon Edit Post House (CEP)
Ludwigstraße 4 · 20357 Hamburg
Contact: Henry Bigalke
+49 170 328 564 9
henry@studiobigalke.de | studiobigalke.de

General Terms and Conditions (GTC)
Status: August 18, 2025

§ 1 Scope

(1) The following General Terms and Conditions (“GTC”) apply to all contractual relationships between STUDIO BIGALKE, Ludwigstraße 4, 20357 Hamburg, and its clients (“Clients”), as well as to all film and photo productions, including concepts (“Production”), created on the basis of individual offers by STUDIO BIGALKE.
(2) Conflicting or deviating terms and conditions of the Client shall not be recognized unless expressly confirmed in writing by Henry Bigalke.

§ 2 Conclusion of Contract / Inclusion of GTC

(1) The offer of STUDIO BIGALKE consists of an individual quotation (1) and these GTC (2), which are referenced in the quotation and available online.
(2) The contract is concluded when the Client confirms the quotation in writing or by e-mail within the period specified therein.

§ 3 Subject of the Contract

(1) The subject of the contract is the service described in the quotation provided by STUDIO BIGALKE.
(2) STUDIO BIGALKE undertakes to act in the interest of the Client. In return, the Client shall provide all data and information required for the performance of services in due time and on a confidential basis.

§ 4 Duties of the Client / Cooperation

(1) The Client shall provide all information, data, products, and templates required for the Production in a timely and complete manner.
(2) The Client guarantees that they are authorized to use and pass on the provided materials.
(3) Changes or adjustments after the conclusion of the contract shall only be free of charge if they can be implemented within the agreed scope without additional effort. Any additional changes will be considered chargeable extra services.
(4) STUDIO BIGALKE decides on the artistic, technical, and organizational implementation of the Production.
(5) The selection of actors, models, speakers, or external service providers shall be made by STUDIO BIGALKE unless otherwise agreed. If the Client requests specific choices, they shall bear the additional costs.
(6) After project completion, STUDIO BIGALKE may invite the Client to a short feedback meeting.

§ 4a Changes to Services on Set

Spontaneous additional services on set (e.g., extra interviews, recordings, soundbites) that go beyond the original scope of services shall be considered chargeable extras and invoiced based on actual effort.

§ 5 Remuneration

(1) Remuneration shall be based on the project price agreed in the quotation plus statutory VAT.
(2) After the conclusion of the contract, a down payment of 50% of the project price is due immediately.
(3) The remaining 50% is payable within 7 days after acceptance and invoicing.
(4) Third-party costs (e.g., licenses, actors, travel expenses) will be charged separately unless otherwise included in the quotation.
(5) Travel costs by car will be invoiced at €0.45/km.
(6) Changes after project completion or work outside regular business hours will be charged separately.

§ 5a Default of Payment

(1) In the event of payment default, STUDIO BIGALKE is entitled to charge default interest at 9% above the base interest rate (§ 288 BGB).
(2) A processing fee of €5 may be charged for each reminder.

§ 6 Working Hours

(1) Work will be carried out on weekdays, Monday to Friday, between 09:00 and 18:00.
(2) Work outside these times must be agreed separately and may incur additional costs.

§ 7 Delivery Deadlines

(1) Delivery dates shall be agreed in the quotation or separately in writing.
(2) Delays caused by the Client shall extend the delivery period accordingly.
(3) If the Client postpones a shooting day less than 7 days before the scheduled date, they shall bear the resulting additional costs.
(4) If the Production is delayed by more than 6 months due to reasons attributable to the Client, STUDIO BIGALKE may withdraw from the contract. The Client shall bear the costs incurred up to that point.

§ 7a Withdrawal / Cancellation

(1) The Client may cancel the contract at any time in writing. The date of receipt is decisive.
(2) Cancellation fees:

up to 4 weeks before the start of shooting: free of charge
up to 14 days before the start of shooting: 50% of the fee
less than 7 days before the start of shooting: 100% of the fee

(3) Third-party costs (e.g., travel, licenses, locations) shall be borne by the Client in all cases.

§ 8 Acceptance

(1) After completion, STUDIO BIGALKE shall provide the Client with a preview.
(2) If no written feedback is received within 14 days, the work shall be deemed accepted.
(3) Artistic decisions (look, editing, music, dramaturgy) are not subject to complaint.

§ 8a Revision Rounds

Unless otherwise agreed, two rounds of feedback are included in the agreed price. Any further changes will be charged based on actual effort.

§ 9 Usage Rights

(1) Usage rights are granted only after full payment.
(2) The rights are exclusive but limited in duration, territory, and media as specified in the quotation.
(3) Unless otherwise stated, the usage rights shall apply as follows:

duration: 3 years
territory: DACH region
scope: Online & Social Media

(4) Transfer to third parties or editing without consent is prohibited.

§ 9a Copyright & Raw Material

(1) Raw material (video, photo, audio, project files) remains the property of STUDIO BIGALKE.
(2) Release of raw material shall only occur upon separate agreement and remuneration.

§ 10 Reference Use

(1) The Client allows STUDIO BIGALKE to name them as a reference client.
(2) The use of protected logos or trademarks requires prior written approval.

§ 11 Liability

(1) STUDIO BIGALKE is liable without limitation for intent and gross negligence.
(2) In cases of slight negligence, liability is limited to foreseeable damages.
(3) Any further liability is excluded.

§ 11a Force Majeure

In cases of force majeure (illness, accident, weather, strike, pandemic, official restrictions), STUDIO BIGALKE is released from its obligation to perform. Costs already incurred shall be borne by the Client.

§ 11b Liability for Client Content

The Client guarantees that all provided content is free of third-party rights. The Client alone is liable for any violations.

§ 11c Insurance / Damage on Set

(1) STUDIO BIGALKE shall not be liable for damage to locations, props, or products unless caused intentionally or by gross negligence.
(2) The Client is responsible for ensuring adequate insurance coverage.

§ 12 Data Protection

(1) STUDIO BIGALKE processes personal data exclusively in connection with the project and in accordance with GDPR.
(2) Disclosure to third parties occurs only insofar as necessary for contract performance.

§ 12a Final Provisions

(1) Amendments and supplements to the contract must be in writing.
(2) Should individual provisions be invalid, the remainder of the contract remains valid.
(3) Place of jurisdiction is Hamburg.