General Terms and Conditions
Maximilian Lamm
Schäftlarnstraße 93
81371 Munich
Email: info@maxlamm.de Tel.: +49 176 69262318
As of: April 2025
1. Scope
1.1 All orders accepted by me are subject to the following terms and conditions. They are considered accepted upon receipt of the written order confirmation or, at the latest, upon delivery of the ordered work. Changes and additions to these General Terms and Conditions must be made in writing to be effective. Lack of objection/silence cannot under any circumstances be considered as consent or as a declaration of intent at all.
1.2 Deviating agreements, order confirmations, or terms and conditions of the client require my written consent to be effective.
1.3 The scope of the order and its processing is determined exclusively by the written order confirmation. Verbal or telephone orders must be promptly submitted in written form (including email, fax). If this does not happen, the consequences arising from transmission errors due to non-compliance with the written form shall be borne exclusively by the client.
1.4 These terms and conditions also apply to all future business relationships with the client without requiring any further reference.
2. Order Placement
2.1 Orders must be placed in writing unless expressly agreed otherwise.
2.2 The order confirmation from a client is considered a binding acceptance of the order contents specified in the confirmation.
2.3 My offers and their accompanying documents are non-binding unless expressly referencing the binding nature of an offer. The nature and scope of the obligations are determined exclusively by our order confirmations.
2.4 Orders from agencies are only accepted for specifically named clients. Advertising for products or services of a client other than the one specified during booking requires my written consent.
2.5 An agency is only permitted to transfer a service booked for a specifically named client to third parties with my express written consent.
2.6 Upon placing an order, an agency assigns the payment claims against the agency’s client from the underlying contract as security for my remuneration claims. I hereby accept the assignment and am entitled to collect the assigned claim if the agency has not settled the secured claim within 4 weeks after it becomes due.
3. Delivery Period
3.1 The time of delivery of the master copy will be determined between myself and the client during the final meeting before production begins. I will also inform the client about the timeline of the production work.
3.2 If I recognize that the schedule cannot be maintained, I must immediately inform the client about the reason and the expected duration of the delay.
3.3 If there are delays due to change requests from the client or for other reasons for which the client is responsible (e.g., not providing collaboration services on time, delays attributable to third parties on behalf of the client, etc.), the completion date may be exceeded by at least the period by which the production time was delayed or interrupted. The prerequisite for this is that completion is possible within this time based on reasonable economic standards. If the production process is delayed by circumstances within the client’s area of responsibility for more than 2 months, I am entitled to withdraw from the contract. The client shall bear any expenses incurred up to that point.
3.4 If the schedule is exceeded for reasons beyond my control despite due diligence (e.g., strike, lockout, official orders, general telecommunications disruptions, etc.), the acceptance date shall be postponed accordingly.
3.5 If I do not meet the delivery date, the client is obliged to set a reasonable grace period within which I must deliver the master copy. Otherwise, the statutory provisions apply to liability.
4. Costs
4.1 The contractually agreed price includes all production costs including the master copy. Additionally, the usage rights, as stated in section 9, are included in the price.
4.2 If the client withdraws from the agreed contract without my fault, they shall cover all costs incurred up to the time of withdrawal.
4.3 If the client expresses change requests that result in additional costs, these costs must be explicitly identified by me. In case I fail to do this, only 75% of the additionally incurred production costs may be charged to the client.
4.4 The selection of actors, speakers, and other participants is made in coordination with the client. If the client wishes to use specific actors or speakers, they shall bear any additional costs that arise from fee demands exceeding the fee I usually pay.
4.5 If a change to the film comes about through my suggestion and leads to additional costs, the client must explicitly approve these changes and additional costs.
4.6 Weather-related postponements or cancellations of the shoot (weather risk) are not included in the calculated production costs. The additional costs arising from this point will be invoiced and listed separately. The same applies to additional shooting days or shooting time that are not due to grossly negligent or intentional behavior on my part.
4.7 If a shooting date is postponed by the client later than seven days before the agreed date, I am entitled to compensation for the additional costs incurred due to this postponement.
4.8 If a separate contract is concluded for a discussion or a concept/screenplay, the agreed price for this will also be charged even if the client decides not to film this template.
4.9 For preparation and travel days, 60% of the agreed daily fee is charged.
4.10 For services beyond normal working hours (usually 10 hours including 1 hour break), an additional expense surcharge per commenced hour will be due:
- From the beginning of the 11th hour, this surcharge is 50% of the agreed hourly wage
- From the beginning of the 13th hour, this surcharge is 100% of the agreed hourly wage
4.11 For assignments on Sundays and holidays, a surcharge of 50% on Sundays and 100% on public holidays will be charged on the agreed daily rate.
The location of the production is decisive for the question of whether a holiday exists.
The movement of production vehicles is generally considered working time. Within Munich, the arrival or departure is calculated at a flat rate of 30 minutes. Outside of Munich, the actual travel time counts.
5. Right of Withdrawal and Cancellation
5.1 If the client is a consumer within the meaning of § 13 of the German Civil Code (BGB) (a natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity), they have a statutory right of withdrawal:
Withdrawal Information
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 of the conclusion of the contract.
To exercise your right of withdrawal, you must inform me (Maximilian Lamm, Schäftlarnstraße 93, 81371 Munich, Tel.: +49 176 69262318, E-Mail: info@maxlamm.de) by means of a clear statement (e.g., a letter sent by post or e-mail) of your decision to withdraw from this contract. You may use the model withdrawal form, which is however not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Consequences of Withdrawal: If you withdraw from this contract, we shall reimburse to you all payments received from you, without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
If you requested to begin the performance of services during the withdrawal period, you shall pay us an amount that is in proportion to what has been provided until you have communicated to us your withdrawal from this contract, in comparison with the full coverage of the contract.
The right of withdrawal expires prematurely if the contract has been completely fulfilled by both sides at your express request before you have exercised your right of withdrawal.
End of Withdrawal Information
5.2 If the client is an entrepreneur within the meaning of § 14 BGB (a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in exercise of their commercial or independent professional activity), there is no right of withdrawal.
5.3 If the client withdraws from a placed order after the expiry of the withdrawal period, I may, without prejudice to the possibility of claiming higher actual damages, demand 100% of the agreed amount for the costs incurred in processing the order and for lost profit. The client reserves the right to prove lesser damage.
The right of the contracting parties to terminate the respective contractual relationship prematurely for good cause remains unaffected.
I may declare extraordinary termination to the client without prejudice to the statutory provisions if the client is in default with the payment of invoice amounts.
The termination of the contractual relationship regarding one service does not affect all other contractual relationships between the contracting parties.
The client has the right to cancel the contract before payment of the first installment.
6. Payments
6.1 All prices quoted are exclusive of value-added tax at the current statutory rate.
6.2 Unless a fixed price agreement has been made, costs that could not be foreseen at the time of conclusion of the contract will be invoiced by me to a reasonable extent.
6.3 Unless otherwise agreed, the following payment schedule applies:
- 1/3 upon order placement,
- 1/3 at the start of shooting
- and the final third upon acceptance of the master
6.4 If preliminary costs such as travel, casting, and location scouting are listed in the price calculation, these will be due in full upon order placement.
6.5 If the client is in default with payment or if deferment has been expressly agreed, the client must pay interest at the rate charged to me by my house bank (including any commissions and credit processing costs), but at least at a rate of 5 percentage points above the respective base rate of the European Central Bank for consumers and at a rate of 9 percentage points above the respective base rate of the European Central Bank for business customers. Additionally, in case of payment default by business customers, a lump sum of 40 euros will be due. The right to claim further damages for default remains reserved.
6.6 No reminder from me is necessary to establish default.
7. Liability
7.1 I am liable within the framework of statutory provisions for damages resulting from injury to life, body, or health that are based on an intentional or negligent breach of duty by me, my legal representatives, or my agents.
7.2 For other damages, I am only liable if the damages are based on an intentional or grossly negligent breach of duty by me, my legal representatives, or my agents.
7.3 The liability for the slightly negligent breach of essential contractual obligations (cardinal obligations) is limited in amount to the damage that is typically foreseeable for the contract. Essential contractual obligations are those whose fulfillment enables the proper execution of the contract in the first place and on whose compliance the contractual partner may regularly rely.
7.4 Liability under the Product Liability Act remains unaffected.
7.5 Any liability on my part beyond the above provisions is excluded.
7.6 Claims for defects must be reported in writing no later than one week after the handover of the master copy. If a defect for which I am responsible is detected, the client has the right to have the defect remedied. Content-related aspects and artistic-design aspects do not constitute a defect.
7.7 I am not liable for damages that occur due to force majeure, riots, war and natural events, or due to other events for which I am not responsible.
7.8 All claims against me expire within one year from the statutory start of the limitation period, unless they are based on intentional action.
8. Production
8.1 The film is created on the basis of a concept/screenplay provided by the client or an adapted standardized screenplay or an individually developed concept/screenplay in consultation with the client. After acceptance of a written order or after a written confirmed production pre-meeting, the production of the film begins.
8.2 The film is produced in a quality that I can demonstrate based on sample reels (work samples on the website, etc.).
8.3 I bear sole responsibility for the technical and artistic design of the film as a whole and its parts. The client bears responsibility for the factual correctness of the content of the film and the legal admissibility, insofar as their instructions were followed in this regard.
8.4 Change requests that the client makes after placing the order but before the start of production must be taken into account by me. The client must be informed about any price changes resulting from these changes. In the case of change requests that alter the agreements made so far to such an extent that I cannot assume responsibility for them, I am entitled to refuse. In this case, I have a special right of termination and the costs incurred up to that point are to be borne by the client.
8.5 If the client wishes changes after the start of production, these can only be made with my consent and upon agreement on the costs arising from them.
8.6 If the client wishes to use their own production material (e.g., use of their own texts, images, etc.), they undertake to provide this in a common and usable format. The material must be handed over within an appropriate period of time before the start of the agreed shooting date. If this material needs to be adapted by me, the client bears the costs incurred for this.
8.7 The client assures that they have the rights required for further processing for production material provided by them and that they transfer these to me.
8.8 I am liable for loss or damage to material provided, but only within the scope of a replacement delivery of the lost or damaged raw material. I assume no liability for the loss of data and programs on this material, as it is the client’s responsibility to perform data backups.
8.9 If the client wishes to use a specific music title, they guarantee that it is exclusively GEMA-free material or that they own all rights to GEMA-liable material used.
8.10 I assume no liability for operational disruptions caused by recordings that the client has arranged in third-party operations.
8.11 Until the acceptance of the film, the risk for loss, damage, or grossly negligently caused defects lies with me.
9. Acceptance
9.1 I will hand over the film to the client immediately after completion either as a data carrier or make it available as a download link. The client must confirm the acceptance of the film in writing within 10 days. If written consent is not provided, the film is deemed accepted.
9.2 The client is obliged to accept the film provided it complies with the established agreement or the concept/screenplay and the customary quality standard. Even if the film deviates from the agreements made or the concept/screenplay, but these deviations were incorporated at the request of the client, the client is obliged to accept. Taste-based returns are generally excluded.
9.3 Complaints must be submitted in writing within a period of 1 week after delivery of the film. Later complaints will not be considered.
10. Confidentiality
I and the client are mutually obliged to maintain the business and trade secrets of the other party that become known due to the contractual relationship and the execution of the contract, and to ensure compliance with this obligation with respect to employees through appropriate measures. The confidentiality obligation continues beyond the duration of the contract.
11. Rights
11.1 I assure that I have all necessary copyright exploitation rights for all written agreements/concepts/screenplays, in particular the reproduction, distribution, broadcasting, performance, and ancillary copyright rights necessary for the fulfillment of the contract, which will also be managed by me after completion of the film.
11.2 Ownership of all raw materials and resulting intermediate products created during film production, as well as written agreements/concepts/screenplays, remains with me.
11.3 Unless otherwise agreed in writing, the usage rights include:
- The right to public showing and performance
- The right to broadcast and distribute in all media (TV, online, mobile)
- The right to make publicly accessible (e.g., on websites, in social media)
- The right of reproduction (for own business purposes)
Not included in the usage rights, unless expressly agreed in writing, are:
- The right to edit, redesign, or modify the material
- The right to sell or commercially transfer to third parties
- The right to use for purposes other than those agreed
11.4 Unless expressly agreed otherwise, the usage rights are limited to one year from delivery of the final product and geographically to the territory of the Federal Republic of Germany. Use after the expiry of this period, in other countries, or for purposes other than those agreed requires a separate written agreement and additional appropriate remuneration. The client is obliged to contact me in good time before the expiry of the usage period to agree on an extension of the usage rights, if further use is desired.
11.5 The client is entitled to make and use as many copies of the produced film as they wish for their own business purposes. The usage rights are only transferred to the client after full payment of the agreed production costs.
11.6 I receive from the client the unrestricted right in time and space to use the film content created by me for my own immediate needs (e.g., for presentations to customers, at trade fairs and company events, or for my own advertising such as website, showreel, and social media) free of charge (subject to expressly deviating agreements).
For sensitive or confidential projects where the client has a legitimate interest in confidentiality or anonymization, I commit to:
- Coordinate the reference use in advance with the client;
- Anonymize personal data, trademarks, company identifiers, or other identifying features at the client’s request;
- Completely refrain from using certain projects as references at the client’s request, if this was agreed in writing at the time of contract conclusion.
The client has the right to object in writing to the use for reference purposes within one month after acceptance of the film material. If the film contains confidential or protected information, the client must explicitly point this out when placing the order.
The right to my own use applies only after the film has been made available to the client for their own use and full payment has been made.
11.7 The client is obliged to have all editing carried out by me. Unless this is unreasonable for economic, advertising, or technical reasons.
11.8 The transfer of rights occurs with delivery of the master copy to the client and payment of the production costs. Until full payment, the client is only permitted to use the services provided by me on a revocable basis. I can revoke the use of such services, for which the client is in default with the remuneration payment, for the duration of the default.
11.9 The transfer or assignment of usage rights to third parties by the client is only permissible with my prior written consent. Excluded from this is the use by service providers commissioned by the client (such as advertising agencies or IT service providers) within the scope of the contractually agreed use for the client. Commercial re-exploitation or sub-licensing to third parties, especially for a fee, remains excluded in any case.
11.10 The original image and sound material, as well as any materials typically needed for additions or changes, will be stored by me free of charge for one year. After the expiry of this period, the agency or the client must decide without being prompted whether the material should continue to be stored – from then on at a cost.
11.11 I am entitled to name the client as a reference and include them in my client list, unless legitimate interests of the client conflict with this. The reference designation can include the company name, project type, and possibly a brief project description. The use of company logos of the client for reference purposes requires separate written consent.
11.12 The client grants me the right to report on the project within the scope of my own public relations activities and to publish excerpts or screenshots of the film, unless a confidentiality agreement conflicts with this. The client can object to the use as a reference for important reasons. The objection must be made in writing and state the important reason.
11.13 I reserve the right to be named as the creator in the credits or in the description for public screenings and publications of the film material, as far as this is customary in the industry.
12. Data Protection
12.1 I process personal data of the client and their employees exclusively for the fulfillment of contractual and pre-contractual obligations in accordance with Art. 6 Para. 1 lit. b GDPR and to fulfill legal obligations in accordance with Art. 6 Para. 1 lit. c GDPR.
12.2 If personal data of third parties (such as actors, interview partners, employees of the client) are processed as part of the film production, Maximilian Lamm acts as a processor within the meaning of Art. 28 GDPR. The client remains responsible as the controller within the meaning of the GDPR for the lawfulness of the data processing and undertakes to obtain the necessary consents.
12.3 When processing personal data on behalf of the client, a separate data processing agreement (DPA) will be concluded if this is legally required.
12.4 The client assures that appropriate declarations of consent are available or can be obtained for all persons appearing in the film material. The costs for additional declarations of consent or usage rights shall be borne by the client.
12.5 Detailed information on the handling of personal data is contained in my privacy policy, which is available upon request.
13. Special Provisions for Online Content
13.1 The following provisions apply additionally when creating content for digital media (websites, online platforms, apps, etc.).
13.2 The technical specifications (resolution, format, codecs, etc.) will be agreed in writing before the start of production. Subsequent format adjustments may incur additional costs.
13.3 If optimization for certain platforms or devices is desired, this must be expressly agreed upon when placing the order.
13.4 I do not guarantee compatibility with all browsers, operating systems, or devices, unless expressly agreed.
13.5 The client is responsible for uploading and technically integrating the produced content into the client’s online platforms, unless otherwise agreed.
13.6 The use of the material for streaming platforms, video-on-demand services, or other digital distribution channels requires a separate agreement and may result in additional remuneration, unless already agreed upon at the time of contract conclusion.
13.7 The use of the created material in social media (such as Facebook, Instagram, TikTok, LinkedIn, Twitter, YouTube, etc.) is only permitted within the scope of the contractually agreed usage rights and is subject to the time and spatial restrictions according to Point 11.
13.8 The client ensures that no third-party rights are violated when using the material in social media, especially regarding music used, image material, or depicted persons.
13.9 For paid advertising campaigns (ads) in social media, additional remuneration may be charged, unless otherwise agreed.
13.10 The use of the material by influencers or other third parties for the purpose of advertising the client requires my separate written consent.
13.11 The client is obliged to inform me upon request about the nature and extent of the actual use in social media.
14. Artists’ Social Security Fund
The fees calculated by me may, under certain circumstances, be fully or partially subject to the contribution obligation pursuant to §24 of the Artists’ Social Security Act (KSVG). The client is informed that when commissioning the contractor Maximilian Lamm as a non-legal entity, for services in the artistic and conceptual area according to the Artists’ Social Security Act (KSVG), an artists’ social security contribution must be paid to the Artists’ Social Security Fund (KSK). This contribution may not be deducted from the invoice by the client. The client alone is responsible for compliance with the registration and contribution obligation.
15. Severability Clause
15.1 Amendments to these general conditions and preceding special agreements require written form. Declarations by fax or e-mail are considered accordingly.
15.2 The invalidity of a provision of these General Terms and Conditions does not affect the validity of the remaining provisions.
16. Jurisdiction
The place of fulfillment and exclusive jurisdiction is the registered office of Maximilian Lamm in Munich.