General Terms

Article 1. General

a. These general terms and conditions apply to all interactions between Riser Studios and the client during the duration of the project. This includes, among other things, quotes, filming, production, feedback, and delivery. These general terms and conditions also apply to all obligations arising from agreements made between the parties, as well as other actions and pre-contractual legal relationships. Additionally, these general terms and conditions remain applicable even after the agreement has been completed.

b. Deviations from these terms and conditions can only occur if agreed upon in writing. Any written agreement between the parties that deviates from these general terms and conditions applies only to the specific agreement and does not set a precedent for other agreements.

c. The applicability of the client's general terms and conditions is expressly rejected by Riser Studios. Riser Studios' general terms and conditions also apply if the client's terms and conditions contain a precedence clause.

Article 2. Quotes and Conclusion of Agreement

a. All quotes from Riser Studios, in any form, are entirely without obligation unless expressly stated otherwise in writing. Riser Studios can withdraw a quote as long as the client has not accepted it. A quote has a limited validity period.

b. The agreement is concluded through written confirmation of an order by Riser Studios, or by any means by which the order is executed.

c. Riser Studios is entitled to suspend its activities if the client does not provide security for payment and other obligations arising from the agreement upon request.

d. Misunderstandings regarding the content and execution of the agreement, arising from the client's failure to specify the order or provide communications correctly, timely, or completely, are at the client's risk and expense, even if the order and/or communications were made electronically, such as by fax, email, or other transmission media.

Article 3. Payment and Collection

a. Unless expressly stated otherwise, all prices mentioned in order confirmations or quotes are calculated in euros and are exclusive/inclusive of VAT.

b. Payment must be made in the agreed manner and within fourteen days after the product is delivered or within another agreed term. In the absence of specific conditions, the client must pay within a maximum of thirty days from the invoice date.

c. If the total amount due is not paid on time, the client is in default without requiring a notice of default. The client receives a reminder of this default and then has fourteen days to transfer the amount due. If the client remains in default after fourteen days, Riser Studios is obliged to send a first reminder in which the client will immediately owe a penalty of €25. If the client does not pay within the period specified in that reminder, a second reminder will be sent in which the client will immediately owe a penalty of €75. If the client has not paid the invoice amount, including the penalty, after the second reminder, Riser Studios will instruct a collection agency to collect the amount from the client.

d. In case of liquidation, suspension of payment, bankruptcy, receivership, or seizure on the part of the client, the claims of Riser Studios on the client are immediately due and payable.

e. If the client fails to meet the agreement's obligations, all costs incurred by Riser Studios, both judicial and extrajudicial, to obtain satisfaction/fulfillment are at the client's expense. The extrajudicial (collection) costs amount to 15% of the principal sum.

Article 4. Compensation for Additional Costs

a. Lunch and dinner times on shooting days are considered working hours and will be included in the invoice. Travel costs will also be charged to the client.

b. The rental of equipment necessary for production will be charged to the client.

c. Additional or reduced work will be charged separately (after consultation with the client).

Article 5. Retention of Title and Copyright

a. Concepts, ideas, and proposals developed for a client are subject to copyright and remain formally and legally the property of Riser Studios. In the event of infringement or misuse of this copyright, Riser Studios will hold the organization or person in question liable. This liability has legal consequences.

b. All delivered material remains the intellectual property of Riser Studios and may be used by Riser Studios for promotion unless otherwise stated in the quote/invoice or otherwise agreed in writing between Riser Studios and the client.

c. Clients fully indemnify Riser Studios against third-party claims for copyright infringement resulting from montages and/or duplication of image and sound recordings made by Riser Studios on behalf of clients. Infringement of copyrights is a criminal offense under Articles 31 and 32 of the Copyright Act. Productions/content made by Riser Studios are protected by copyright. It is not allowed to reproduce, edit, publish, publicly display, broadcast, or publish/show on websites, the internet, etc., the delivered productions of images and/or sound or parts thereof without the express permission of Riser Studios.

d. Riser Studios expressly retains ownership of the items to be delivered until the client has fulfilled all obligations arising from the agreement, including payment of costs, interest, and surcharges at the client's expense.

e. If the delivery is part of a series of deliveries, ownership of the items is reserved until all payment obligations related to this series of deliveries have been met.

f. If the client does not meet the obligations of the agreement, or there is a justified fear that they will not do so, Riser Studios is entitled to retrieve the delivered items under retention of title, either from the client or third parties. The client must reimburse the costs incurred by Riser Studios in this regard.

g. If third parties wish to establish or assert any right to the items delivered under retention of title, the client is obliged to inform Riser Studios immediately.

Article 6. Delivery Terms

a. A delivery period specified by Riser Studios is, unless expressly stated otherwise, merely indicative. Delivery times are always approximately determined.

b. Agreed delivery times will be adhered to as much as possible, but exceeding an agreed term by Riser Studios does not constitute default on the part of Riser Studios and, therefore, does not provide the client with grounds for dissolving the agreement. To enable Riser Studios to enter into default, the client must send Riser Studios a written notice of default in accordance with the Civil Code.

Article 7. Liability

a. In case of damage to products located at the shoot location, whether used or not, Riser Studios is not liable for this damage, and Riser Studios cannot be held responsible for these products.

b. Riser Studios is not liable for business damage, consequential damage, or loss of turnover of the client.

c. Riser Studios is, at its sole discretion, willing to contribute to the costs associated with any reasonable measures to limit potential damage.

d. Riser Studios keeps the images for one year after the video is delivered. After that, Riser Studios is no longer responsible for preserving the image material.

Article 8. Production & Delivery

a. Riser Studios is not bound to delivery times unless this has been clearly discussed with the client. Making a video is a creative process and may take longer than initially thought. The delivery time also depends on the current workload.

b. The final video is delivered digitally in the form of an mp4 file unless otherwise stated.

c. Once the client has chosen music for the video, this choice cannot be changed afterward. It is not possible to change the music choice afterward.

d. Feedback/comments/complaints from the client must be provided within 14 days after the first version of the video is delivered. If this does not happen, the video is considered final, and no further feedback will be processed.

e. After delivery, Riser Studios deals with the publication of the images. If it turns out that the video is published in a way that does not comply with the agreement between Riser Studios and the client, or if it qualitatively detracts from the delivered work, Riser Studios has the option to undo the publication. This includes all forms of editing not performed or approved in writing by Riser Studios.

f. The video is placed on the designated platforms. These are named in writing during the agreement process and will not be deviated from.

Article 9. Cancellation, Rescheduling & No Show

a. For cancellations of orders made before six weeks before the scheduled first activities by Riser Studios, no fee will be charged. For cancellations within six weeks before the scheduled first activities by Riser Studios, Riser Studios is entitled to a cancellation fee of 20% of the quoted amount for the unexecuted part of the order. If work has already been carried out (such as preparations, execution, or possible reservations or rental costs related to the order), Riser Studios will charge a fee based on the costs already incurred and/or hours spent in relation to the total number of estimated hours.

b. Riser Studios has the right to terminate the agreement for compelling reasons. This includes circumstances of such a nature that further adherence to the agreement cannot reasonably be expected of Riser Studios.

c. Riser Studios has the right to reschedule the agreed recording to another location and/or time free of charge up to 48 hours before the recordings. Less than 48 hours before the recordings, rescheduling will be in consultation with the client.

d. In case of absence (No Show) of the client at a shoot not approved in writing by Riser Studios, the client will pay 100% of the costs for the shoot day, even if no video recordings and post-production are performed.