T&C
GTC for Clients
1. General / Scope
1.1 These General Terms and Conditions (hereinafter “GTC”) apply to all contracts, deliveries and other services of Capture Media GmbH (hereinafter “Agency”) vis-à-vis its contractual partners (hereinafter “Client”), provided these are entrepreneurs within the meaning of § 14 BGB (German Civil Code), legal entities under public law, or special funds under public law.
1.2 The GTC apply exclusively. Conflicting, deviating or supplementary general terms and conditions of the Client shall not become part of the contract unless the Agency has expressly agreed to their validity in writing. This also applies if the Agency performs services without reservation while aware of such terms.
1.3 These GTC also apply to all future business relationships with the Client without the need for a renewed express agreement.
1.4 The following order of precedence is decisive for the content of the contract:
a) individual agreements / individual contracts
b) quotations and their annexes
c) these GTC.
1.5 Amendments and additions to these GTC and to all agreements between the parties require text form (§ 126b BGB). Individual agreements within the meaning of § 305b BGB take precedence over these GTC.
1.6 By placing an order, accepting a quotation or accepting services, the Client acknowledges these GTC as binding.
2. Quotation and Conclusion of Contract
2.1 The quotations of Capture Media GmbH (hereinafter “Agency”) are non-binding and subject to change unless expressly designated as binding. Obvious errors and clerical, printing and calculation mistakes are reserved.
2.2 The basis for concluding a contract is the respective quotation of the Agency, in which the services and remuneration are set out. By placing an order (e.g. by e-mail or in writing), the Client submits a binding offer to conclude a contract on the basis of this quotation.
2.3 The contract is concluded through:
a) the Agency’s order confirmation in text form, or
b) the commencement of service provision by the Agency.
2.4 Delivery and performance dates are binding only if they have been expressly agreed in writing as binding or as a fixed date. Otherwise, they constitute merely non-binding guide values.
2.5 The Agency reserves all property and copyright to quotations, concepts, presentations, calculations and all documents and data. Disclosure to third parties is permitted only with the Agency’s prior written consent.
2.6 Information on services (e.g. dimensions, times, technical specifications or other performance data) is binding only insofar as it has been expressly agreed in writing as binding. It does not constitute guaranteed characteristics.
2.7 Ancillary agreements, amendments or additions to concluded contracts require confirmation in text form, unless individually agreed (§ 305b BGB).
2.8 Where the Agency provides services in connection with events (e.g. media production, content creation), it does not itself become the event organizer. The Client remains the organizer unless expressly agreed otherwise in writing.
3. Services
3.1 The Agency provides in particular services in the areas of media production (film and moving-image productions, event & trade fair playout, digital & interactive media, content & social media).
3.2 The specific scope of services results from the quotation and order.
3.3 The Agency is entitled to engage subcontractors.
3.4 Changes to or extensions of the scope of services require coordination in text form. Any additional work arising as a result will be charged separately.
3.5 The Client acknowledges that AI-generated content is subject to system-related technical limitations, in particular regarding native image resolution, color depth, color accuracy and structural freedom from defects, for which reason unrestricted suitability for large-format printing or specific purposes is not owed. Any reworking, scaling (upscaling) or manual corrections are not included in the scope of services and will be billed as a chargeable additional service based on effort.
4. Prices and Payment Terms
4.1 All prices are net plus statutory VAT.
4.2 Additional costs (third-party services, travel, licenses, etc.) will be charged separately.
4.3 The Agency is entitled to demand advance payments:
– 50% upon commissioning
– 40% before production
– 10% after project completion
4.4 Invoices are due for payment without deduction within 14 days, unless otherwise agreed.
4.5 In the event of default in payment, default interest is charged in accordance with § 288 BGB.
4.6 Rights of use pass only after full settlement of the invoice amount.
4.7 The Client is entitled to set-off or retention only insofar as its counterclaims have been legally established, are undisputed, or arise from the same contractual relationship.
5. Client’s Duties to Cooperate
5.1 The Client provides all required content, materials and information in good time and in the necessary quality / formatting. If the Client fails to meet its duties to cooperate, the Agency is entitled to charge separately for any additional work arising as a result.
5.2 The Client warrants that it holds all necessary rights to the materials provided.
5.3 Delays caused by the Client lead to a postponement of deadlines.
5.4 The Client indemnifies the Agency against all third-party claims arising from the use of materials provided by the Client.
6. Delivery and Deadlines
6.1 Delivery dates are binding only if confirmed in writing.
6.2 Delays due to force majeure or third-party providers are outside the Agency’s area of responsibility.
6.3 Changes by the Client may affect deadlines and costs.
6.4 Delivery and performance delays due to force majeure or other unforeseeable events for which the Agency is not responsible entitle the Agency to postpone performance by the duration of the impediment plus a reasonable start-up period. If the impediment lasts longer than three months, both parties are entitled to withdraw from the contract.
7. Acceptance
7.1 Acceptance is deemed to have taken place if:
a) the Client uses or exploits the service, or
b) the Client does not report material defects in text form within a reasonable period, as a rule 10 calendar days after provision.
7.2 Minor deviations do not constitute a defect (in particular in the case of AI-generated services, see 3.5).
7.3 The Agency is entitled to remedy defects. The type and manner of remediation shall be at reasonable discretion, taking into account the interests of both parties.
7.4 Insignificant defects do not entitle the Client to refuse acceptance.
8. Cancellation / Withdrawal
8.1 In the event of cancellation by the Client, the Client owes a lump-sum compensation:
– up to 30 days before commencement of service: 50%
– up to 7 days before commencement of service: 80%
– less than 7 days: 100%
8.2 The Client reserves the right to prove that the Agency incurred no or a lower loss.
9. Liability
9.1 The Agency is liable without limitation in cases of intent and gross negligence.
9.2 In cases of slight negligence, the Agency is liable only for the breach of material contractual obligations (cardinal obligations), i.e. obligations whose fulfilment is essential to the proper performance of the contract and on whose observance the Client may regularly rely. In such cases, liability is limited to the foreseeable damage typical for the contract.
9.3 The limitations of liability do not apply to damage arising from injury to life, body or health, nor under the Product Liability Act (Produkthaftungsgesetz).
9.4 The Agency is not liable for the legal admissibility of content specified by the Client unless it has expressly reviewed such content from a legal perspective.
10. Rights of Use / Copyright
10.1 All content and materials created remain the copyright property of the Agency.
10.2 Rights of use are granted only after full payment and exclusively within the contractually agreed scope, in terms of time, territory and content.
10.3 Raw data (footage, project files) are released only against separate remuneration.
10.4 Changes by the Client are not permitted without consent.
10.5 The Agency may use projects for self-promotion.
10.6 Unless expressly agreed, use does not include raw data, open project files or unprocessed materials.
11. Warranty
11.1 The Client must report identifiable defects in text form without undue delay after becoming aware of them.
11.2 The Agency has the right to remedy defects.
11.3 The warranty period is 12 months from acceptance, insofar as legally permissible.
11.4 Withdrawal by the Client is permitted only in the case of significant defects.
12. Applicable Law and Place of Jurisdiction
12.1 German law applies. The place of jurisdiction is – insofar as legally permissible – the registered office of Capture Media GmbH. In the event of any translation discrepancies, the German version shall prevail.
13. Severability Clause
Should individual provisions of these GTC be or become wholly or partially invalid, void or unenforceable, the validity of the remaining provisions shall not be affected. In place of the invalid or unenforceable provision, the statutory provisions shall apply. The same applies in the event of a gap in the provisions.
As of June 2026
GTC for Production Service Providers
1. General / Scope
1.1 These GTC apply to all contracts between Capture Media GmbH (“Principal”) and its service providers (“Contractor”).
1.2 Conflicting or deviating terms of the Contractor apply only if the Principal expressly consents to their validity in text form.
1.3 Amendments to these GTC will be communicated to the Contractor in text form at least 4 weeks before they take effect. The Contractor may object to the amendments within this period. If no objection is made, the amendments are deemed accepted, provided they are reasonable and do not materially shift the contractual balance.
2. Conclusion of Contract
2.1 A contract is concluded through:
a) written order confirmation by Capture Media GmbH, or
b) written electronic (e.g. by e-mail) acceptance of a Contractor’s offer by Capture Media GmbH, or
c) commencement of service provision on the basis of an order from Capture Media GmbH.
2.2 The Contractor’s offers are binding for at least 14 days, unless otherwise agreed. These conditions also apply to all future contracts without the need to refer to the GTC again.
3. Scope of Services
3.1 Services are to be rendered in accordance with the offer, the state of the art and applicable law.
3.2 Changes to the scope of services are permitted only insofar as they are reasonable for the Contractor and do not alter the overall character of the service. Additional or reduced costs are to be taken into account appropriately.
3.3 The Contractor is fully responsible for:
a) its deployed personnel, subcontractors and equipment,
b) compliance with labor, social security and tax regulations,
c) the existence of all required permits and certificates.
3.4 The engagement of subcontractors requires the prior written consent of Capture Media GmbH; liability remains with the Contractor.
3.5 Each contracting party must, at the start of the contract, designate at least one responsible person authorized to issue binding instructions and decisions.
4. Deadlines and Service Provision
4.1 All agreed deadlines and dates are binding. If delays become apparent, Capture Media GmbH must be informed in writing without undue delay.
4.2 In the event of default, Capture Media GmbH is entitled to:
a) demand immediate remedy,
b) reduce the remuneration appropriately,
c) withdraw from the contract after setting a reasonable deadline,
d) claim damages.
For event or live productions, adherence to deadlines is essential (“Time is of the essence”).
4.3 German and English are agreed as the production languages for the preparation and execution of the service; in the event of a dispute, however, German takes precedence as the legally binding language.
5. Remuneration and Payment Terms
5.1 Remuneration and payment terms are governed by the respective offer or order.
5.2 Unless otherwise agreed, the following applies:
a) Invoices are payable within 30 days of proper invoicing and project completion.
b) Advance or instalment payments require an express agreement.
c) Final invoices require written confirmation of the completed service provision.
5.3 In the case of defects, Capture Media GmbH is entitled to withhold an appropriate part of the remuneration until the defects have been fully remedied.
5.4 Unless expressly agreed otherwise, all prices are net in euros, plus the applicable statutory VAT.
5.5 Set-off is permitted with undisputed or legally established claims; assignments of monetary claims remain permissible pursuant to § 354a HGB (German Commercial Code).
5.6 Contractual penalties are credited against claims for damages, unless individually agreed otherwise.
5.7 In the event of default in payment, statutory default interest pursuant to § 288 BGB applies.
6. Quality and Defects
6.1 The Contractor warrants that:
a) the services are free from material and legal defects,
b) all equipment used complies with applicable safety regulations,
c) installations are carried out technically correctly and are operationally safe.
6.2 Defects are to be remedied without undue delay and at the Contractor’s own expense.
6.3 If immediate remedy of defects is necessary to safeguard the production, Capture Media GmbH is entitled to have this carried out at the Contractor’s expense.
7. Liability and Insurance
7.1 The Contractor is liable in accordance with statutory provisions.
7.2 Insofar as legally permissible, the liability of both parties is limited in the case of slight negligence as follows: limitation to foreseeable damage typical for the contract. The amount is limited to a maximum of the order value.
7.3 The limitation of liability does not apply in cases of intent or gross negligence, injury to life, body or health, or mandatory statutory liability.
7.4 The Principal is not liable for content adopted unchecked by the Contractor, unless intent or gross negligence can be attributed to it.
7.5 Claims lapse within 12 months, except in cases of intent/gross negligence, personal injury or mandatory statutory cases.
8. Indemnification
8.1 The Contractor indemnifies the Principal against third-party claims, provided these are based on a culpable breach of duty by the Contractor.
9. Confidentiality
9.1 All project-related information is to be treated as confidential. All documents, plans, drawings or similar provided by Capture Media GmbH are to be treated as confidential and may not be passed on to third parties without prior consent in text form.
9.2 The Contractor is permitted to use references only with prior consent. Such consent may not be unreasonably withheld. This obligation applies on a project-related basis and is limited to 12 months after the end of the project.
10. Client Protection
10.1 The Contractor undertakes, for 12 months after project completion, not to enter into any direct business relationships with the respective end client, insofar as the Contractor first became aware of that client through the Principal.
11. Force Majeure
11.1 In the event of force majeure (e.g. natural disasters, strikes, pandemics, official measures, war, terrorist attacks, cyberattacks, power outages or comparable events beyond the control of the contracting party) or the closure of the event venue, both parties are released from their performance obligations for the duration and to the extent of the effects.
11.2 In such an event, remuneration is payable exclusively for services actually rendered.
11.3 Project-related cancellation arrangements may be agreed separately.
12. Compliance & Code of Conduct
12.1 The Contractor undertakes to:
a) comply with all applicable statutory provisions,
b) ensure fair working conditions,
c) observe anti-corruption and compliance requirements.
12.2 Violations entitle Capture Media GmbH to extraordinary termination.
12.3 The parties employ AI-supported digital systems and software solutions for the provision and use of services to optimize processes and productions. Decisions in this regard with legal or security-relevant significance (GDPR, international server locations, TISAX, etc.) are made exclusively by qualified personnel of Capture Media GmbH. No automated decision-making within the meaning of Art. 22 GDPR takes place.
13. Data Protection and Copyright / Rights of Use
13.1 The Contractor undertakes to comply with the GDPR and all applicable data protection laws.
13.2 The Contractor ensures that its personnel have been properly informed (Art. 13 GDPR) and that it has itself obtained the necessary consents.
13.3 Capture Media GmbH receives all copyright and other rights of use arising in the course of contract performance. This also applies where the contract is performed by subcontractors; the transfer of rights remains in effect.
14. Termination
14.1 The termination and cancellation conditions are agreed on a project-specific basis between the parties and are listed in the Contractor’s offer.
14.2 If no project-specific cancellation conditions are agreed, the following apply. In the event of termination by Capture Media GmbH, the following lump-sum compensation arrangements apply:
a) From conclusion of contract up to 30 days before the production / implementation date: 20% of the agreed remuneration,
b) 29 to 10 days before the production / implementation date: 40% of the agreed remuneration,
c) 9 to 4 days before the production start / rental start: 60% of the agreed remuneration,
d) Less than 4 days before the production start / rental start: 100% of the agreed remuneration.
The lump sums take into account the damage typically incurred. The Contractor reserves the right to prove that a lower loss was incurred.
14.3 Saved expenses are to be deducted from the agreed remuneration. Termination must be in writing.
14.4 A postponement of the production date by the client does not, in principle, constitute grounds for termination.
14.5 Both parties may terminate the contract for good cause, in particular if insolvency proceedings are opened over the assets of the other party or are rejected for lack of assets.
15. Applicable Law and Place of Jurisdiction
15.1 German law applies. The place of jurisdiction is – insofar as legally permissible – the registered office of Capture Media GmbH. In the event of any translation discrepancies, the German version shall prevail.
16. Severability Clause
Should individual provisions of these GTC be or become wholly or partially invalid, void or unenforceable, the validity of the remaining provisions shall not be affected. In place of the invalid or unenforceable provision, the statutory provisions shall apply. The same applies in the event of a gap in the provisions.
As of June 2026