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General Terms and Conditions (GTC)

Benjamin Wedemeyer / UnityVision LLP
Date: 11 February 2025

The latest version of these GTC can be accessed at:
benjamin-wedemeyer.com/en/gtc

or in German under:
benjamin-wedemeyer.com/de/agb

1. Scope of Application and Contractual Parties

1.1. Contractual Parties

These General Terms and Conditions (GTC) govern the cooperation between:

Benjamin Wedemeyer, hereinafter referred to as the “Filmmaker”; and

UnityVision LLP, a company incorporated under Canadian law, with its registered office at 329 Howe St, Unit #690, Vancouver, BC V6C 3N2, Canada, and registered in the British Columbia Corporate Registry under registration number LL0002883, represented by Benjamin Wedemeyer, hereinafter referred to as the “Production Company”;

The Filmmaker and the Production Company shall hereinafter be referred to collectively as the “Production”.

The contract is entered into between the Production and the Customer.

Both parties, the Filmmaker and the Production Company, are independent contractors of the Customer. The legal structure of the parties or any change in corporate form shall not affect existing contracts.

1.2. Scope of Application

The services and offers outlined in the contract form part of this agreement. Any deviations from these terms must be confirmed electronically.

2. Usage Rights, Transfer of Rights, Publication & Material

2.1. Consent to Recording

The Customer irrevocably agrees that the Production may create and use audio and visual recordings of their person or property.

2.2. Transfer of Rights

The Customer grants the Production an unlimited, irrevocable, and unrestricted right to use these recordings in terms of time, space, and content. This includes, but is not limited to:

  • The right to edit,
  • The right to use for all media,
  • The commercial exploitation right,
  • The right to license to third parties,
  • The right to archive and reuse.

The Production is entitled to use the material for its own projects, portfolios, or other uses, provided such use complies with applicable laws. The Customer will not receive additional compensation for this.

The Customer confirms that this consent is irrevocable.

2.3. Usage Rights

The Customer is granted non-exclusive usage rights for the final product in accordance with the intended purposes as outlined in the offer.

Exclusive rights may be acquired for an additional fee, the amount of which will vary depending on the scope and intended use.

2.4. Raw Material

Raw footage, additional shots, and unedited material remain the property of the Production and may be used for self-promotion or other projects, unless an exclusive agreement has been made.

Unless explicitly agreed otherwise, raw material is not part of the offer, and the Production is under no obligation to provide it to the Customer. Should the Customer wish to access the raw material and the Production agrees, this can be arranged for a separate licensing fee, provided that the final approval is made by the Production or the material is edited by a professional editor.

The Production may delete the raw material at any time after approval, but is not obliged to do so.

2.5. Publication

The Customer is only permitted to publish and distribute the version that has been finalised and approved by both the Customer and the Production.

Any subsequent editing, alteration, or addition (such as adding logos, text, filters, or cuts) is only allowed with the electronic consent of the Production.

3. Contractual Relationship and Project Execution

3.1. Commencement of the Contract and Communication

The contract shall come into effect once the Customer has signed the offer or in other or other unequivocal confirmation and shall apply to all related orders and projects.

All communication during project execution may take place electronically, primarily via email or messaging services (such as WhatsApp and Telegram).

3.2. Customer Obligations

The Customer agrees to:

  • Respond to inquiries from the Production within a reasonable timeframe (maximum 60 hours),
  • Provide necessary materials (e.g., logos, fonts) promptly to avoid delays.
  • Name and link the production in publications (Instagram, YouTube, website, print …) in an appropriate form, if applicable.
    e.g. film by Benjamin Wedemeyer; Instagram: @benjaminwedemeyer_; Website: www.benjamin-wedemeyer.com
3.3. Approval

The project will be deemed accepted upon written confirmation or implicitly if the Customer does not provide feedback within 7 days.

  • Each assignment includes two rounds of revisions. Additional changes will be charged at the agreed hourly rate (unless otherwise stated in the offer, 80€/hour).
    A revision round begins when the Customer submits the requested changes and ends when the revised version is provided by the Production.
  • If the Customer grants the Production unrestricted creative freedom (“Do as you wish”, “Artistic freedom”…), the Customer accepts that any subsequent changes
    can only be made within a reasonable scope, and that any additional changes beyond this are not included in the original price and will only be considered for an additional fee.

4. Payment Terms

4.1. Invoicing

The total price is specified in the offer and is subject to the following payment terms:

  • The Production is entitled to issue invoices for services already rendered at any time, particularly for:
    • Advance payments for travel costs,
    • Costs for subcontractors,
    • Partial services already completed.
  • The Customer accepts the possibility of an individual payment structure, such as a third-party arrangement (1/3 upon order confirmation,
    1/3 after shooting completion, 1/3 upon project completion).
4.2. Payment Deadlines

The remaining payment is due within 14 days following the approval.

In the event of late payment, a late fee of 5% per month will be charged.

4.3. Reverse Charge & VAT

Customers from the EU, Switzerland, and the UK with a valid VAT ID are subject to the reverse charge procedure (VAT liability of the recipient).

Private customers will pay the applicable VAT in addition to the agreed net price.

5. Cancellation & Refund

5.1. Cancellation Fees
  • Up to 7 days before production begins: 15% of the total amount.
  • After production begins: 50%, depending on the progress of the work.
  • Any incurred costs (e.g., travel expenses, third-party fees) will be borne entirely by the Customer.

6. Limitation of Liability

For events and public or private orders (e.g., weddings, after-movies, event films),
the Customer is responsible for ensuring that all involved parties and third parties, whose rights may be affected, have consented to the recording and publication.
The Production assumes no liability in this respect.

The Customer is responsible for obtaining the proper licences for all provided third-party content (e.g., music, graphics, logos, fonts).
The Customer will be liable for any copyright infringements.

The Customer agrees to indemnify and hold harmless the Production from any third-party claims arising from the use of the created content.

The Production is only liable for intentional acts or gross negligence. Liability for slight negligence is excluded unless fundamental contractual obligations
have been breached and this is permitted by law.

The maximum liability is limited to the project price. Indirect damages (e.g., loss of profit) are excluded.

Liability for personal injury is excluded, within the limits of the law. The Customer is responsible for securing their own insurance for such risks.

The Production is not liable for damages arising from the use of the recordings by third parties.

7. Data Privacy and Confidentiality

The Production handles all personal data of the Customer with the utmost confidentiality and in good faith.
The Production adheres to international data protection standards. Data storage and processing will only occur to the necessary extent.

The Customer agrees not to disclose confidential information from the Production to third parties.

8. Dispute Resolution, Jurisdiction & Applicable Law

8.1. Mediation

In case of a dispute, an out-of-court solution through neutral mediation will be pursued first.

8.2. Jurisdiction

The jurisdiction shall be determined by the Production.

8.3. Applicable Law

The law of the jurisdiction shall apply.

9. Force Majeure

The Production shall not be liable for delays or damages caused by force majeure (e.g., natural disasters, pandemics, strikes).

The contract may be suspended or terminated by either party due to ongoing force majeure, without incurring additional costs for the Production.
Any costs incurred up to that point will be borne by the Customer. Efforts will be made to find a replacement date.

10. Changes and Additional Agreements

These GTC are binding. Any changes must be electronically agreed upon by both parties.

Subsequent or last-minute changes on set and during production may incur additional costs if they are not obviously foreseeable and reasonable;
these must be agreed upon in advance.

If any points of the offer contradict the GTC, the points in the offer shall prevail.

11. Final Provisions

11.1. Severability Clause

Should any individual provisions of this agreement be or become invalid or unenforceable,
the validity of the remaining provisions shall not be affected. The invalid or unenforceable provision will be replaced by a valid and enforceable provision that most closely reflects the economic intent pursued by the parties. The same applies if the contract contains gaps.

GTC | Date: 11 February 2025

 

 

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