I. General Provisions
The following terms and conditions apply to all business transactions of the company Zwa Wågn, located in A-3242 Texing. They are considered agreed upon when the service is booked, unless immediately contradicted. Special agreements that deviate from these terms and conditions will only be recognized if confirmed in writing.
“Videos”/“Films” in the context of these terms and conditions refer to all products created by the videographer/producer, regardless of the technical form or medium in which they were created or exist (moving images, sound, image sequences, electronic still images in digital form, videos, files, etc.).
II. Copyright, Artistic Design
The videographer/producer holds the copyright to the visual and sound works in accordance with the Copyright Act.
The videos and films produced by the videographer/producer are generally intended for the client’s private and non-commercial use.
If the videographer/producer transfers usage rights to their works, unless explicitly agreed otherwise, only a simple usage right is transferred. The transfer of usage rights requires a special agreement.
The usage rights are transferred only after full payment of the fee to the videographer/producer.
The customer of a video generally does not have the right to duplicate or distribute the product unless the corresponding usage rights have been transferred.
When utilizing the videos, the videographer/producer can, unless otherwise agreed, demand to be credited as the author of the video (visual and sound). Violation of the right to attribution entitles the videographer/producer to claim damages.
The original files remain with the videographer/producer.
The client agrees that the videographer/producer may publish, reproduce, and use the recordings, especially for reference purposes (e.g., photo platforms, the company’s website/blog, partner websites, wedding portals/blogs, and printed magazines) without temporal, content, or geographical restrictions.
The videographer/producer holds all copyright and ownership rights to all recordings made during the shoot for marketing purposes, for use in self-promotion or portfolio demonstration.
The videographer/producer respects privacy to the highest degree and asks for a note if the use of the recordings is not desired. This wish will be considered, but it should be kept in mind that a portfolio is essential for the contractor.
Complaints regarding scene selection, editing, music selection, or artistic/technical design are excluded. The client is familiar with the videographer/producer’s style. If the client requests changes during or after the production, the additional costs must be borne by the client. The videographer/producer retains the claim to compensation for work already started.
Unless otherwise agreed, the scenes and recordings in the film material handed over to the client after the completion of production are selected by the videographer/producer.
Unless otherwise agreed, the films (highlight films) created are short films with selected scenes, meaning there may not be continuous recordings of the events, but only short or individual shots.
III. Reservation of Dates
Due to the numerous inquiries, we cannot reserve requested dates until confirmation is made. Our dates are highly sought after and are assigned on a “first come – first serve” basis. We also do not provide information on other inquiries for the same date.
Once a confirmation is made, the date will be reserved for 48 hours. Within these 48 hours, the agreement we created must be signed. If there are any changes to the clauses/terms by the videographer or the client, this period will start again. If the agreement is not completed within 48 hours, our system will release the date, and the agreement and the link will become invalid.
Only after signing the agreement and making a deposit is the date confirmed.
IV. Fees, Retention of Title, Cancellation Fee
The fee for the production of the videos is determined by an hourly rate, daily rate, or agreed flat rate; additional costs (travel expenses, model fees, expenses, props, laboratory and material costs, studio rents, etc.) are included in a flat-rate offer, otherwise, they are borne by the client.
The videographer/producer reserves the right to request an advance payment. This will be collected from the client after booking and amounts to at least 20% of the agreed total amount.
The fee must be paid within two weeks after receipt of the invoice unless a different payment period is specified.
Until the full payment is made, the delivered videos remain the property of the videographer/producer.
If the client cancels the videographer’s booking for intentional reasons, the following cancellation fees will apply:
Up to 4 months before the wedding date, 25% of the total amount including VAT will be charged.
Up to 2 months before the wedding date, 50% of the total amount including VAT will be charged.
Up to 1 month before the wedding date, 75% of the total amount including VAT will be charged.
Up to 14 days before the wedding date, 100% of the total amount including VAT will be charged.
The cancellation fees do not apply in cases of lockdown, illness, accident, or death.
Costs for additional orders such as studio rooms, makeup artists, rental equipment, etc., will be charged separately.
The client reserves the right to withdraw from the contract before the full deposit has been paid without providing a reason.
V. Liability
For the violation of duties not directly related to essential contractual obligations, the videographer/producer is liable only for intent and gross negligence. They are also liable for damages caused by personal injury, bodily harm, or health damage, as well as for the violation of essential contractual obligations caused by them or their agents’ wrongful actions. For damages to recording objects, templates, films, displays, layouts, or data, the videographer/producer is liable only for intent and gross negligence unless otherwise agreed. In the event of loss or damage to images or other digital media, the compensation obligation is limited to the creation of new recordings. Other claims (e.g., for wedding recordings) are excluded. Templates or items provided must be insured by the client against damage, loss, theft, and fire.
The videographer/producer stores the data and videos carefully. They are entitled, but not obligated, to destroy videos stored by them after one month from the completion of the assignment.
The videographer/producer strives to film the agreed scenes and fulfill all discussed wishes but cannot guarantee this due to on-site conditions.
The videographer/producer strives to record drone footage of the booked event but cannot guarantee this due to on-site conditions (bad weather, no-fly zones, crowds, etc.).
VI. Usage Rights / Personality Rights
The client acquires usage rights to the videos only for private use. The duplication and distribution to third parties are granted for private purposes, unless otherwise agreed. Commercial use and commercial and/or public, non-private reproduction are not allowed (except for commercial use by written permission). Ownership rights are not transferred.
VII. Client’s Obligation to Cooperate
The client must ensure that all necessary information for the execution of the assignment (directions, special requests, etc.) is provided to the videographer/producer in a timely manner. If the videographer is booked for a wedding or other event, a contact person must be designated who is available for questions during the event and at least 2 hours before its start. For events lasting more than 6 hours, the videographer and their assistant(s) must also be provided with appropriate food and beverages.
The client is responsible for informing participants (e.g., wedding guests) that sound and video recordings will be made. If someone does not wish to be filmed, the client must inform the videographer/producer in advance. These people will, of course, be taken into account as best as possible.
VIII. Performance Disruption, Cancellation Fee
If the time allocated for the assignment is significantly exceeded for reasons not attributable to the videographer/producer, the videographer/producer’s fee will be increased accordingly, if a flat fee was agreed upon.
If an hourly rate was agreed, the videographer/producer will charge the agreed hourly or daily rate for waiting time, unless the client proves that no damage was incurred by the videographer/producer.
In the event of intent or negligence by the client, the videographer/producer may also claim damages.
Delivery deadlines for videos are only binding if explicitly confirmed by the videographer/producer.
The videographer/producer is only liable for delays due to intent or gross negligence.
Cancellations are only accepted in writing.
In the event of cancellation by the client (cancellation of the agreed date), the provisions outlined in section III, 7 apply.
If the videographer/producer is unable to carry out the agreed assignment due to unforeseen circumstances (e.g., sudden illness/accident), they reserve the right to appoint a qualified substitute. The substitute will meet the high-quality standards and perform the agreed service in a dignified manner. No additional costs will be charged for this.
IX. Film Delivery:
Unless otherwise agreed, the completion of a film will take a maximum of 6 months.
The video will be delivered digitally via a cloud service.
After completion of production, the client will receive a download link with all ordered videos in full quality and size (4K).
X. Data Protection
Personal data of the client necessary for business transactions may be stored.
The videographer/producer commits to treating all information that comes to their attention during the assignment confidentially. Further details are available in the privacy policy.
XI. Penalty Clause, Compensation
In the event of unauthorized use, exploitation, reproduction, or distribution of the image material for commercial purposes (without the consent of Zwa Wågn), a contractual penalty of double the usage fee will be charged, at least 1000 € per video and per instance. This applies subject to further compensation claims.
XII. Final Provisions
The place of performance and jurisdiction is the registered office of Zwa Wågn. The terms and conditions apply from January 1, 2021.