General Terms and Conditions
§ 1 SCOPE AND DEFINITIONS
(1) These GTC apply to all contracts regarding video productions and related services between Ken Fly Videoproduktion (hereinafter "Ken Fly") and its Clients. (im Folgenden „Ken Fly“) und ihren Auftraggebern.
(2) An Entrepreneur within the meaning of these GTC is a natural or legal person acting in the exercise of their commercial or independent professional activity when concluding a legal transaction.
(2) An Entrepreneur within the meaning of these GTC is a natural or legal person acting in the exercise of their commercial or independent professional activity when concluding a legal transaction.
§ 2 PAYMENT MODEL AND TERMS
(1) Remuneration follows the "One-Third Rule"::
(3) If the Client defaults on payment, the statutory provisions regarding default interest shall apply.
- 1/3 of the total sum upon commissioning or start of pre-production.
- 1/3 of the total sum immediately before the start of shooting.
- 1/3 of the total sum after project completion.
(3) If the Client defaults on payment, the statutory provisions regarding default interest shall apply.
§ 3 RETENTION OF TITLE AND RIGHTS OF USE
(1) Ken Fly retains ownership of all delivered work results until full payment of all claims arising from the respective project.
(2) The granting of usage rights is subject to the condition precedent of full payment for all project phases.
(3) By default, rights are granted exclusively for use on social media platforms. Any use beyond this (TV, cinema, streaming, etc.) requires a written supplementary agreement and corresponding additional remuneration.
(4) The name "Ken Fly" is protected as a business designation.
(2) The granting of usage rights is subject to the condition precedent of full payment for all project phases.
(3) By default, rights are granted exclusively for use on social media platforms. Any use beyond this (TV, cinema, streaming, etc.) requires a written supplementary agreement and corresponding additional remuneration.
(4) The name "Ken Fly" is protected as a business designation.
§ 4 RAW FOOTAGE
The Client has no claim to the surrender of raw footage. Such transfer takes place only upon separate agreement and against a surcharge.
§ 5 TRAVEL COSTS AND EXPENSES
(1) A flat rate of € 375 per person is charged for travel days.
(2) Accommodation costs and expenses shall be provided directly by the Client or reinvoiced by Ken Fly against receipts without a surcharge.
(2) Accommodation costs and expenses shall be provided directly by the Client or reinvoiced by Ken Fly against receipts without a surcharge.
§ 6 RISK DISTRIBUTION: WEATHER AND RESCHEDULING
(1) The weather risk and the responsibility for appointment postponements by the Client lie fully with the Client.
(2) Ken Fly may demand appropriate compensation if the Client defaults on acceptance by failing to perform a cooperative act (e.g., providing information or access to the location). Additional costs incurred due to weather-related postponements will be charged to the Client.
(2) Ken Fly may demand appropriate compensation if the Client defaults on acceptance by failing to perform a cooperative act (e.g., providing information or access to the location). Additional costs incurred due to weather-related postponements will be charged to the Client.
§ 7 REVISION CYCLES
The production packages include a fixed hourly contingent for revisions. Additional effort beyond this will be charged at the agreed hourly rate.
§ 8 ACCEPTANCE
(1) Acceptance takes place digitally via frame.io.
(2) The Client must provide feedback within 7 days of provision. If no feedback is received within this period, the work is deemed accepted.
(2) The Client must provide feedback within 7 days of provision. If no feedback is received within this period, the work is deemed accepted.
§ 9 SELF-PROMOTION
Ken Fly has the irrevocable right to use the material (incl. Behind-the-Scenes) for purposes of self-promotion and portfolio presentation on all channels.
§ 10 MUSIC AND LICENSES
(1) Ken Fly handles music licensing only if the selection is made by Ken Fly.
(2) The Client bears full legal responsibility for music provided by the Client.
(2) The Client bears full legal responsibility for music provided by the Client.
§ 11 RETAINER REGULATIONS
(1) Retainer-Verträge haben Laufzeiten von 6, 9 oder 12 Monaten.
(2) A 3-month "Pilot Retainer" can be terminated at any time during this phase. Without termination, it automatically converts into the selected fixed term.
(3) The notice period is 3 months to the end of the respective term.
(2) A 3-month "Pilot Retainer" can be terminated at any time during this phase. Without termination, it automatically converts into the selected fixed term.
(3) The notice period is 3 months to the end of the respective term.
§ 12 DRONE FLIGHTS AND LIABILITY
(1) Ken Fly operates unmanned aerial systems (drones) in accordance with the provisions of the German Air Traffic Act (LuftVG).
(2) As the drone operator, Ken Fly maintains the legally required liability insurance to cover damages to third parties.
(3) Liability for property damage and personal injury is governed by the statutory maximum amounts of the LuftVG.
(2) As the drone operator, Ken Fly maintains the legally required liability insurance to cover damages to third parties.
(3) Liability for property damage and personal injury is governed by the statutory maximum amounts of the LuftVG.
§ 13 AI TRANSPARENCY
Should Ken Fly use AI systems to generate content that deceptively resembles real persons or places, this will be disclosed in accordance with labeling obligations.
§ 14 LIMITATION OF LIABILITY
For damages other than those caused by drones, Ken Fly is liable only in cases of intent or gross negligence. Liability for slight negligence is excluded unless essential contractual obligations have been violated.
§ 15 JURISDICTION AND FINAL PROVISIONS
(1) The place of performance and exclusive place of jurisdiction for all disputes arising from this contract is Laufen an der Salzach.
(2) The law of the Federal Republic of Germany applies.
(3) In case of discrepancies between the German and English versions, the German version shall prevail.
(2) The law of the Federal Republic of Germany applies.
(3) In case of discrepancies between the German and English versions, the German version shall prevail.