Maximilian Lamm
Schäftlarnstraße 93
81371 München
Tel.: +49 176 69262318
E-Mail: info[at]maxlamm.de
As of: April 2026
1.1 All orders accepted by me are subject to the following terms and conditions. They shall be deemed accepted upon receipt of the written order confirmation or, at the latest, upon delivery of the commissioned work. Amendments and supplements to these General Terms and Conditions must be made in writing to be effective. Failure to object / silence cannot under any circumstances be deemed as consent or as any declaration of intent.
1.2 Deviating agreements, order confirmations or terms and conditions of the client require my written consent to be effective. Deviating conditions of the client shall not become part of the contract, even if I do not expressly object to them.
1.3 The written order confirmation shall be solely decisive for the scope of the order and its execution. Oral or telephone orders must be confirmed in writing without delay (also by e-mail or fax). If this is not done, any consequences arising from transmission errors due to non-compliance with the written form requirement shall be borne exclusively by the client.
1.4 These terms and conditions shall also apply to all future business relations with the client without the need for a renewed reference.
2.1 Orders must be placed in writing unless expressly agreed otherwise.
2.2 The order confirmation by a client shall be deemed a binding acceptance of the order contents stated in the confirmation.
2.3 My offers and any attached documents are non-binding unless the binding nature of an offer is expressly stated. Only my order confirmations shall be decisive for the type and scope of obligations. Contracts may also be concluded through conclusive conduct (e.g. commencement of production, collaboration in the concept phase or acceptance of a requested presentation).
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 at the time of booking requires my written consent.
2.5 An agency may only transfer a service booked for a specifically named client to third parties with my express written consent.
2.6 By placing an order, an agency assigns its payment claims against the agency’s client from the underlying contract to me 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.
3.1 The date for delivery of the master copy shall be agreed between me and the client at the final meeting before the start of production. I shall also inform the client about the schedule of the production work.
3.2 If I recognise that the schedule cannot be met, I must immediately inform the client of the reason and the expected duration of the delay.
3.3 If delays occur due to changes requested by the client or for other reasons attributable to the client (e.g. failure to provide timely cooperation, delays caused by third parties attributable to 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 period based on a reasonable economic standard. If the production process is delayed by more than 2 months due to circumstances within the client’s area of responsibility, I am entitled to withdraw from the contract. The client shall bear any costs incurred up to that point.
3.4 If the schedule is exceeded for reasons beyond my control despite the exercise of due diligence, the acceptance date shall be postponed accordingly. Force majeure shall include in particular war, civil unrest, official orders, measures in the context of industrial action (strikes, lockouts), shortages of raw materials and energy, and unavoidable operational or transport disruptions including disruptions in external data networks and at internet access and service providers.
3.5 If I fail to meet the delivery date, the client is obliged to set me a reasonable extension period within which I must deliver the master copy. Compensation for damages caused by delay may only be claimed by the client up to the amount of the order value of the services performed by me (excluding third-party costs and materials). In all other respects, the statutory provisions on liability shall apply.
3.6 I shall send drafts, templates and other work results to the client at their request. Upon dispatch, the risk shall pass to the client upon handover to the carrier. This also applies to the remote transmission of files. Shipping costs shall be borne by the client.
4.1 I am entitled to order third-party services necessary for the fulfilment of the contract in the name and for the account of the client. The client is obliged to grant me appropriate written authorisation for this purpose.
4.2 Insofar as contracts for third-party services are concluded in my name and for my account, the client undertakes to indemnify me internally against all resulting liabilities.
4.3 I am entitled to engage qualified third parties (subcontractors) for the execution of the order.
5.1 The client is obliged to provide me with all information, documents and materials required for the execution of the order free of charge and in a timely manner, and to inform me of all circumstances that may be relevant to the execution of the order. This duty to cooperate applies in particular to time-critical projects where the client’s cooperation is essential for meeting certain deadlines.
5.2 If the client fails to fulfil their duties to cooperate, or fails to do so in the required manner, scope and form, I am entitled to set the client a reasonable deadline for performing the required cooperation and, upon fruitless expiry, to terminate the contract without notice for cause. This shall be without prejudice to the reimbursement of additional expenses and damages incurred by me as a result.
5.3 If delivery of material or data promised by the client is delayed, any firm delivery dates shall be postponed accordingly by the period of delay.
6.1 I have creative freedom in the technical and artistic implementation within the scope of the order. If the client requests changes during or after production, the client shall bear the resulting additional costs.
6.2 The film is produced on the basis of a concept/script provided by the client, an adapted standardised script, or a concept/script individually developed in consultation with the client. Production of the film begins after acceptance of a written order or after a written confirmed production briefing.
6.3 The film is produced in a quality as I can demonstrate by means of show reels (work samples on the website, etc.).
6.4 The client bears responsibility for the factual accuracy of the content of the film and its legal admissibility, insofar as their instructions have been followed in this respect.
6.5 Changes requested by the client after the order has been placed but before production begins must be taken into account by me. The client must be informed of any resulting price changes. If changes requested substantially alter the agreements made up to that point to such an extent that I cannot assume responsibility for them, I shall be entitled to refuse. In this case, I have a separate right of termination, and the costs incurred up to that point shall be borne by the client.
6.6 If the client requests changes after the start of production, these can only be made with my consent and upon agreement on the resulting costs.
6.7 If the client wishes to use their own production material (e.g. use of their own texts, images, etc.), they undertake to provide it in a common and usable format. The material must be handed over within a reasonable period before the start of the agreed shooting date. If this material needs to be adapted by me, the client shall bear the costs incurred.
6.8 The client warrants that they hold the rights required for the further processing of production material provided by them and transfers these to me. If the materials are not free from third-party rights, the client shall indemnify me internally against all third-party claims.
6.9 I am liable for the loss of or damage to provided material, but only to the extent of a replacement delivery of the lost or damaged raw material. I accept no liability for the loss of data and programs on this material, as it is the client’s responsibility to carry out data backups.
6.10 If the client wishes to use a specific music title, they guarantee that it is exclusively GEMA-free material or that they hold all rights to GEMA-liable material used.
6.11 If recordings commissioned by the client at third-party premises result in operational disruptions, I accept no liability for this.
6.12 Until the film has been accepted, the risk of loss, damage or grossly negligently caused defects lies with me.
7.1 The contractually agreed price includes all production costs including the master copy. The price also includes the rights of use as specified in § 14. The agreed remuneration is exclusive of expenses, third-party costs and value added tax at the statutory rate.
7.2 If the client withdraws from the agreed contract through no fault of my own, the client shall bear all costs incurred up to the time of withdrawal.
7.3 If the client requests changes that result in additional costs, these costs must be expressly stated by me. If I fail to do so, the client may only be charged 75% of the additional production costs incurred. A shift within the calculated individual cost items is permissible, provided the total amount of the agreement is not exceeded.
7.4 The selection of actors, voice-over artists and other contributors shall be made in consultation with the client. If the client wishes to employ specific actors or voice-over artists, the client shall bear any additional costs arising from fee demands that exceed the fee I usually pay.
7.5 If a change to the film is proposed by me that leads to additional costs, the client must expressly approve these changes and additional costs.
7.6 Weather-related postponements or cancellations of the shoot (weather risk) are not included in the calculated production costs. The additional costs arising from this shall be invoiced and shown separately. The same applies to additionally required shooting days or shooting time that are not attributable to grossly negligent or intentional conduct on my part.
7.7 If a shooting date is postponed by the client less than seven days before the agreed date, I am entitled to compensation for the additional costs incurred as a result of this postponement.
7.8 If a separate contract is concluded for a brief/concept/script, the agreed price shall also apply if the client decides not to have this material filmed.
7.9 For preparation and travel days, 60% of the agreed daily rate shall apply.
7.10 For services beyond the normal working time (usually 10 hours including 1 hour break), an overtime surcharge shall be payable for each commenced hour:
From the beginning of the 11th hour, this surcharge amounts to 50% of the agreed hourly rate. From the beginning of the 13th hour, this surcharge amounts to 100% of the agreed hourly rate.
7.11 For assignments on Sundays and public holidays, a surcharge of 50% on Sundays and 100% on statutory public holidays shall be charged on the agreed daily rate.
The location of production shall be decisive for determining the existence of a public holiday.
The operation of production vehicles is generally considered working time. Within Munich, the journey to and from the location is calculated at a flat rate of 30 minutes. Outside Munich, the actual travel time applies.
7.12 If I assume the pre-financing of third-party services and expenses at the client’s request and on the basis of a separate written agreement, I am entitled to charge a commission of 5% of the total amount of expenses for the period of pre-financing in addition to the agreed remuneration.
7.13 If no fixed price has been agreed, costs that could not have been foreseen at the time of conclusion of the contract shall be invoiced by me in a reasonable amount.
8.1 All prices quoted are exclusive of value added tax at the applicable statutory rate.
8.2 Invoices are due within 30 days of invoicing without deduction.
8.3 Unless otherwise agreed, the following instalment payment schedule applies:
50% upon placing the order, 30% at the start of production (shooting or post-production), 20% upon final acceptance.
8.4 Insofar as pre-production costs such as travel, casting and location scouting are listed in the price calculation, these shall become due in full upon placing the order.
8.5 If the client is in default with payment, the client shall pay interest at the rate of 5 percentage points above the respective base interest rate of the European Central Bank for consumers and 9 percentage points above the respective base interest rate of the European Central Bank for business clients. In addition, a flat fee of 40 euros shall become due in the event of default by business clients. The right to claim further damages for default is reserved.
8.6 No reminder from my side is required to establish default.
8.7 The services provided by me shall remain my property until full payment of all claims arising from the order. The granting of usage and exploitation rights is also contingent upon full payment. Until full payment, the client is only permitted to use the services provided by me on a revocable basis. I may revoke the use of such services for which the client is in default of payment for the duration of the default.
9.1 The client is only entitled to exercise a right of retention insofar as the counterclaim is based on the same contractual relationship.
9.2 I reserve the right to exercise a right of retention on all work materials, manuscripts and other items supplied by the client until full satisfaction of all due claims arising from the business relationship.
10.1 If the client is a consumer within the meaning of § 13 BGB (a natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity), they have a statutory right of withdrawal:
Right of withdrawal notice
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 date of conclusion of the contract.
To exercise your right of withdrawal, you must inform me (Maximilian Lamm, Schäftlarnstraße 93, 81371 München, Tel.: +49 176 69262318, E-Mail: info[at]maxlamm.de) of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter sent by post or e-mail). You may use the model withdrawal form for this purpose, but this is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising the right of withdrawal before the withdrawal period has expired.
Consequences of withdrawal: If you withdraw from this contract, I shall reimburse to you all payments received from you without undue delay and at the latest within fourteen days from the day on which the notification of your withdrawal from this contract was received by me. For this repayment, I shall use the same means of payment that you used in the original transaction, unless something different was expressly agreed with you; in no case will you be charged any fees for this repayment.
If you have requested that the services should begin during the withdrawal period, you shall pay me a reasonable amount corresponding to the proportion of the services already provided up to the point in time at which you inform me of the exercise of the right of withdrawal with regard to this contract, compared with the total scope of the services provided for in the contract.
The right of withdrawal expires prematurely if the contract has been completely fulfilled by both parties at your express request before you have exercised your right of withdrawal.
End of the right of withdrawal notice
10.2 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 the exercise of their commercial or independent professional activity), there is no right of withdrawal.
10.3 If the client withdraws from a placed order after the withdrawal period has expired, I may, without prejudice to the possibility of claiming a higher actual damage, demand 100% of the agreed amount for the costs incurred through the processing of the order and for lost profits. The client reserves the right to prove a lesser amount of damage.
The right of the contracting parties to terminate the respective contractual relationship prematurely for good cause remains unaffected.
I may declare the 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 concerning one service shall not affect all other contractual relationships between the contracting parties.
The client has the right to revoke the contract before paying the first instalment.
11.1 I shall deliver the film to the client immediately after completion either on a data carrier or make it available as a download link. The client must confirm acceptance of the film in writing within 10 days. If written approval is not given, the film shall be deemed accepted.
11.2 The client is obliged to accept the film if it corresponds to the agreed specifications or the concept/script and the customary quality standard. Even if the film deviates from the agreed specifications or the concept/script, but these deviations were incorporated at the client’s request, the client is obliged to accept. Taste-based returns are generally excluded.
11.3 Upon acceptance of the work and/or approval of drafts, the client assumes responsibility for the accuracy of text and image. My liability ceases in this respect after acceptance or approval.
12.1 The client shall examine the contractual conformity of the work and any preliminary and intermediate products sent for correction within a reasonable period and report any defects in writing. Obvious defects must be reported in writing within two weeks of delivery of the work. Non-obvious defects must be reported within two weeks of discovery. Timely dispatch of the notice shall suffice to meet the deadline. If the obligation to examine and give notice is violated, the work shall be deemed approved with regard to the defect in question.
12.2 If the delivered item is defective or becomes damaged due to defects within the agreed limitation period, I shall, at my option, provide a replacement or make repairs. The client shall generally be expected to accept two attempts at rectification. If the last attempt at rectification or replacement delivery fails after a reasonable deadline has been set, the client may, subject to the statutory requirements, demand a reduction in remuneration (abatement) or rescission of the contract (withdrawal).
12.3 Content-related aspects and artistic-creative aspects do not constitute a defect.
12.4 The limitation period for defect claims is one year. The period begins with the acceptance of the work. Claims based on intentional conduct shall remain unaffected.
12.5 Insofar as the client makes corrections to the files or other work results delivered by me, or has corrections made by third parties, all warranty by me shall cease, unless the client proves that the corrections had no influence on the defect in question.
12.6 Guarantees only exist if descriptions of services are expressly designated in writing as a guarantee. Defects in part of a delivery do not entitle the client to complain about the entire delivery, unless the partial delivery is of no interest to the client.
13.1 I am liable within the scope of statutory provisions for damages arising from injury to life, body or health that are based on an intentional or negligent breach of duty by me, my legal representatives or vicarious agents.
13.2 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 vicarious agents.
13.3 Liability for the slightly negligent breach of essential contractual obligations (cardinal obligations) is limited in amount to the foreseeable damage typical of the contract. Essential contractual obligations are those obligations whose fulfilment enables the proper execution of the contract in the first place and on whose compliance the contractual partner may regularly rely.
13.4 The above limitations of liability also apply to my vicarious agents and subcontractors insofar as they are held personally liable.
13.5 Liability under the Product Liability Act remains unaffected.
13.6 Any liability on my part beyond the above provisions is excluded.
13.7 I am not liable for damages caused by force majeure, riots, acts of war, natural disasters or other events beyond my control.
13.8 I am not liable for the protectability or registrability of my work results under copyright, design or trademark law. The client shall carry out design, patent or trademark searches themselves and at their own expense.
13.9 I am not liable for the legal admissibility, in particular the competition and trademark law admissibility, of the intended use. However, I am obliged to notify the client of any legal risks that become known to me during the execution of the order.
14.1 I warrant that I hold all necessary copyright exploitation rights for all written agreements/concepts/scripts, in particular the reproduction, distribution, broadcasting, performance and ancillary copyright rights necessary for the fulfilment of the contract, which are also administered by me after the completion of the film.
14.2 Ownership of all raw materials produced during the film production and resulting intermediate products as well as written agreements/concepts/scripts shall remain with me. All operational items used by me for the production of the contracted product, in particular films, illustrations, calculations as well as other files, data carriers and documents, shall remain my property – even if separately invoiced – and shall not be handed over.
14.3 Unless otherwise agreed in writing, the rights of use include:
The right to public display and performance The right to broadcast and distribute in all media (TV, online, mobile) The right to make publicly available (e.g. on websites, on social media) The right of reproduction (for own operational purposes)
Not included in the rights of use, 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
14.4 Unless expressly agreed otherwise, the rights of use are granted for a period of one year from the delivery of the final product and spatially limited 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 rights of use, if further use is desired.
14.5 The client is entitled to make and use any number of copies of the produced film for its own operational purposes. The rights of use shall only transfer to the client upon full payment of the agreed production costs.
14.6 I shall receive from the client the unrestricted right, in terms of time and territory, to use the film content produced by me for my own immediate purposes (e.g. for presentations to clients, at trade fairs and company events or for my own promotional materials 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 anonymisation, I undertake:
To coordinate the reference use with the client in advance; To anonymise personal data, trademarks, company marks or other identifying features at the client’s request; To refrain entirely from using certain projects as a reference at the client’s request, provided this was agreed in writing at the time of conclusion of the contract.
The client has the right to object in writing to the use for reference purposes within one month of 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 shall only apply once the client has the film available for their own use and full payment has been made.
14.7 The client is obliged to have all edits carried out by me. Unless this is unreasonable for economic, promotional or technical reasons.
14.8 The transfer or assignment of the rights of use 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, in particular for a fee, shall remain excluded in all cases.
14.9 If the client wishes to register formal intellectual property rights (e.g. trademark, patent, design) in relation to my work results for entry in an official register, my prior written consent is required.
14.10 The original image and sound material as well as any materials usually required for supplementation or modification shall be stored by me free of charge for one year. After this period, the agency or client must decide without request whether the material should continue to be stored – from then on, however, for a fee.
14.11 I am entitled to name the client as a reference and to list them in my client list, provided that legitimate interests of the client do not preclude this. The reference may include the company name, the project type and, if applicable, a brief project description. The use of the client’s company logos for reference purposes requires separate written consent.
14.12 The client grants me the right to report on the project and to publish excerpts or screenshots of the film within the scope of my own public relations work, provided that no confidentiality agreement precludes this. The client may object to the use as a reference for good cause. The objection must be in writing and state the important reason.
14.13 I reserve the right to be credited as the author in the credits or in the description for public screenings and publications of the film material, insofar as this is customary in the industry.
Both I and the client are mutually obliged to maintain the confidentiality of all business and trade secrets of the other party that become known as a result of the contractual relationship and the performance of the contract, and to ensure compliance with this obligation also with regard to employees by taking appropriate measures. The confidentiality obligation shall continue beyond the duration of the contract.
16.1 I process personal data of the client and their employees exclusively for the fulfilment of contractual and pre-contractual obligations in accordance with Art. 6 para. 1 lit. b GDPR as well as for the fulfilment of legal obligations in accordance with Art. 6 para. 1 lit. c GDPR.
16.2 Insofar as personal data of third parties (such as actors, interview partners, employees of the client) are processed in the course of film production, Maximilian Lamm acts as a processor within the meaning of Art. 28 GDPR. The client remains the controller within the meaning of the GDPR responsible for the lawfulness of data processing and undertakes to obtain the necessary consents.
16.3 In the case of processing personal data on behalf of the client, a separate data processing agreement (DPA) shall be concluded, insofar as this is required by law.
16.4 The client warrants that appropriate declarations of consent are 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.
16.5 Detailed information on the handling of personal data is contained in my privacy policy, which is available on request.
17.1 The following additional provisions apply to the creation of content for digital media (websites, online platforms, apps, etc.).
17.2 The technical specifications (resolution, format, codecs, etc.) shall be agreed in writing before the start of production. Subsequent format adjustments may incur additional costs.
17.3 If optimisation for specific platforms or devices is desired, this must be expressly agreed upon when placing the order.
17.4 I do not guarantee compatibility with all browsers, operating systems or devices unless expressly agreed.
17.5 The client is responsible for the upload and technical integration of the produced content into the client’s online platforms, unless otherwise agreed.
17.6 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 this has already been agreed at the time of conclusion of the contract.
17.7 The use of the produced material on social media (such as Facebook, Instagram, TikTok, LinkedIn, Twitter, YouTube, etc.) is only permitted within the scope of the contractually agreed rights of use and is subject to the time and territorial restrictions pursuant to § 14.
17.8 The client shall ensure that no third-party rights are infringed when using the material on social media, in particular with regard to music, images or depicted persons.
17.9 For paid advertising campaigns (ads) on social media, additional remuneration may apply unless otherwise agreed.
17.10 The use of the material by influencers or other third parties for the purpose of promoting the client requires my separate written consent.
17.11 The client is obliged to inform me upon request about the type and scope of the actual use on social media.
The fees calculated by me may in whole or in part be subject to the levy obligation pursuant to § 24 Künstlersozialversicherungsgesetz (KSVG). The client is informed that when commissioning Maximilian Lamm as a non-legal entity, an artists’ social security contribution (Künstlersozialabgabe) is to be paid to the Künstlersozialkasse (KSK) for services in the artistic and conceptual field pursuant to the Künstlersozialversicherungsgesetz (KSVG). This levy may not be deducted by the client from the invoice. The client is solely responsible for compliance with the registration and levy obligations.
19.1 Amendments to these general terms and conditions and any preceding special agreements must be made in writing. Declarations by fax or e-mail shall apply accordingly.
19.2 The invalidity of any provision of these General Terms and Conditions shall not affect the validity of the remaining provisions.
20.1 The place of performance and exclusive place of jurisdiction is the registered office of Maximilian Lamm in München.
20.2 German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods (CISG) is excluded.