General (Scope)

 

The following general terms and conditions (hereinafter referred to as GTC) apply to all of the orders, offers, deliveries and services carried out by HOWtoDO Production GmbH & Co. KG (hereinafter referred to as HOWtoDO) and also for all products provided to the customer, regardless of their stage of production or technical form; this also applies to electronic or digitally transmitted material in particular.

In addition, they also apply to any rental of STUDIO GLEIS 7 (hereinafter referred to as Studio) as well as the equipment, objects, technical devices and systems contained within the rented property.

The GTC are considered as agreed upon with acceptance of the delivery or service or the offer of HOWtoDO by the customer. If the customer wishes to object to the GTC, this must be done in writing and within three working days. Any conditions of the customer that deviate from this are not valid; an explicit contradiction on the part of HOWtoDO is therefore not necessary.

The GTC apply in the context of an ongoing business relationship without express inclusion and also apply to all future services, orders, offers, deliveries and services and furthermore also to all products of HOWtoDO handed over to the customer as well as for future rentals of the studio and future realisations of any kind of productions, activities or events.

If no specific period of commitment is indicated, the offers of HOWtoDO are subject to change and non-binding.

Orders placed become legally valid with a written order confirmation from HOWtoDO. Agreements regarding modifications and additions are ineffective until they are fixed in writing and confirmed or signed by both contracting parties.

The STUDIO GLEIS 7 price list is an essential part of these GTC. Any deviations are only valid if they have been confirmed in writing by HOWtoDO.

Changes and additions to a contract between HOWtoDO and the customer are required to be signed by both parties to the contract in written form.

The conclusion of a contract between HOWtoDO and the customer does not necessarily require a written form. Verbal promises made by both parties regarding the agreed scope of services are binding. In case of doubt, the customer bears the burden of proof.

The place of performance for delivery and payment is the registered office of HOWtoDO, Friesenweg 4 / Haus 7, 22763 Hamburg.

The place of jurisdiction is Hamburg. If the customer is not a registered trader or does not have a general place of jurisdiction in Germany, the jurisdiction for the dunning procedure shall be the district court of Hamburg. German law shall apply exclusively.

Should contractual agreements between the parties be or become legally invalid, this shall not affect the validity of the remaining provisions. The invalid provisions shall be replaced by a provision that comes closest to the mutual interests of the content of the contract. The same applies to possible regulatory loopholes.

Contractual agreements between the parties that change or cancel the provisions of the GTC require the written confirmation of HOWtoDO in order to be valid.

 

Section 1: Photo and film productions as well as event organisation 

 

1. Contractual object

The subject of an order to HOWtoDO is the organisation of a photo or film production at home or abroad. HOWtoDO reserves the right to process orders either wholly or in part using subcontractors as executing production bodies.

2. Limitation of liability

a) HOWtoDO always carries out placed orders with the greatest possible care and also adopts this approach for its deliveries and services. Claims for damages are therefore excluded except in the event of gross negligence or intent or where the legal rights of life, freedom, health and limb are affected. In particular, compensation for any indirect damage is excluded.

b) HOWtoDO also carries out its search for the agents necessary for the execution of an order or for the provision of its deliveries and services, such as additional photographers, camera operators, assistants, service providers etc. with the greatest possible care. However, no further liability is assumed for these vicarious agents.

c) HOWtoDO assumes no liability for the violation of rights of depicted persons whom it has not selected itself. Customers must ensure the necessary rights of use beyond the photographic film copyright and they are also responsible for the contexts of meaning resulting from a publication.

3. Rights of use

a)  HOWtoDO shall transfer the purchased rights of use for deliveries and services to the customer. However, it reserves the right to use material for self-promotion even in the case of transferred rights of use.

b) In the case of any unauthorised use, reproduction or dissemination of the material, HOWtoDO is entitled to a contractual penalty to the amount of five times the usage fee, which is calculated according to the current fee overview of the Mittelstandsgemeinschaft Foto-Marketing MFM. It reserves the right to further claims for damages, whereby the customer is entitled to prove that the damage was less or not at all incurred.

4. Copyright

a) HOWtoDO retains the copyright to all material created by it even after delivery.

b) HOWtoDO prohibits any subsequent modification to the material using photo composing, montage or electronic means to create a new, copyrighted work. Nor may the material created be copied, re-photographed, filmed or otherwise used as a motif. Third parties must also not be induced to do so.

5. Working time/surcharges/overtime

a) Working days are Monday to Friday inclusive. If work is performed on Sundays or public holidays or otherwise outside normal working hours, no surcharges are generally required.

b) Overtime shall be remunerated at the pro rata hourly rate of the daily fee (hourly rate X for overtime). Arrivals and departures to and from an external location must be paid for separately.

6. Fees 

a) HOWtoDO retains ownership of the deliveries and services until the invoice has been paid in full and only then are the rights of use transferred to the customer.

b) In case of cancellation of the order HOWtoDO is entitled to the payment of the agency services rendered until that point and the already arranged external services. These cancellation costs are also incurred if an order that has begun proves to be infeasible or cannot be completed for reasons for which the customer is responsible. An order shall be deemed to have commenced if the contractually owed service has begun (e.g. starting/preparing a photo shoot, filming or editing project). The customer shall be entitled to prove that the damage was minor or not incurred at all.

c) HOWtoDO may demand an appropriate increase in the agency services if the time intended for the execution of an order is substantially exceeded for reasons for which the customer is responsible (e.g. due to requests for changes contrary to prior agreement on the current project, due to the absence or due to substantial delay of models to be procured by the client during a photo shoot etc.).

d) HOWtoDO is also entitled to payment for design proposals or concepts that have been produced according to the customer’s wishes. Only consultations that are indicated free of charge do not require remuneration.

e) In case of bad weather HOWtoDO is entitled to a cancellation fee of 50% for the photographer and reimbursement of all arranged external services.

7.  Notification of defects

HOWtoDO must have received complaints due to obvious defects at the latest within two weeks following handover of the deliveries and services. Otherwise, the order placed shall be deemed to have been processed in accordance with the contract and free of defects. The law shall apply to non-identifiable defects.

 

Section 2: Photo studio rental and use (Studio Gleis 7)

 

1. Rental fee

a) The agreed studio rent is based on the current price list.

b) The use of equipment requires additional rental fees. A price list can be requested separately if it is not included in the appendix.

2. Option/Booking/Cancellation

a) Options must be in written form. If a second option is received during the period in which a first option exists, the first option has the possibility to book the studio within 24 hours. Otherwise, the first written booking has priority. An option must be received by HOWtoDO at least seven days before the planned start of production as a firm booking in writing (by e-mail, fax, by post (the date of the postmark applies)), which in turn must be confirmed in writing by HOWtoDO. Otherwise it can be cancelled by HOWtoDO without prior consultation. The allocation of short-term options and bookings (less than seven days before the start of production) is subject to agreement between HOWtoDO and the customer in individual cases.

a)  Following written booking and booking confirmation by HOWtoDO by e-mail, fax, by post (the date of the postmark applies) or within the framework of a confirmed cost estimate for the execution of any kind of production, activity or event by HOWtoDO, the studio is deemed to be firmly booked.

b) The customer is obliged to keep to the agreed date for the beginning and end of the rental period. A late start to the rental period through no fault of HOWtoDO will be charged in full. Longer use than 9 hours daily rent will be charged as overtime (started hours will be rounded up to the full nearest hourly rate). There is no right to further granting of leeway in the event of missed deadlines.

c)  Firm bookings can generally always be cancelled. Depending on the period between cancellation and the reserved date, cancellation fees may apply. If the customer cancels a rental that has already been confirmed in writing, the customer will be charged for cancellation costs according to the following scale: cancellations made up to 7 days prior to the booked date are free of charge. Cancellations made 5 days prior to the date will be charged 50% of the rental fee, cancellations made 2 days prior to the date 100%. If an alternative date is booked within the next 14 days, there is no cancellation fee. If the alternative date is not met, this will be charged at a further 100%! (The cancellation fee is also due if the studio is otherwise booked for the entire 14-day period following the cancellation.) With the reservation by the lessee, the current cancellation regulations are considered accepted.

d) HOWtoDO retains its domiciliary right over the rental object for the entire rental period and can enter the premises itself or via any person commissioned by it to do so at any time. Irrespective of this, HOWtoDO guarantees the customer “privacy” in the studio rooms. The studio rooms shall only be entered in an emergency, following express notification or when required (e.g. by the studio attendant) – the customer has no legal claim to this courtesy and can neither sue with regard to these regulations nor assert claims for damages.

Included in the rental price is studio assistance provided by a studio attendant commissioned by HOWtoDO (usually from midday-5 p.m.) Unless expressly agreed otherwise in advance, studio assistants must be granted access to the studio at all times.

3. Special services 

a) The use of services such as image processing, photo assistance, set construction, casting, hair & make-up, styling, specific props, drinks, catering, hotel, etc. can be agreed, but are billed separately and are not included in the room rental. Final cleaning and electricity consumption (in case of high consumption or continuous light) will also be charged according to our current price list.

b) If equipment, objects, technical devices and/or systems are in the studio which are not explicitly mentioned on the price list as inclusive services or which were booked by the customer as special services, customers must clarify with HOWtoDO (the studio attendant) before use whether these equipment, objects, technical devices and/or systems can be used by them. If the customer uses these pieces of equipment, objects, technical devices and/or systems without prior agreement, HOWtoDO reserves the right to charge for their use separately.

c) Services and materials provided by third parties through HOWtoDO for the customer are subject to a 15% handling surcharge.

d) HOWtoDO does not guarantee services provided by models, actors, other freelancers and subcontractors. These are entrepreneurs who are liable for themselves within the scope of their own activity.

4. Terms of payment 

a)  The rent as well as ancillary costs and additional services are payable 10 days following receipt of the invoice.

b)  Special regulations are possible and must be agreed in advance and in writing.

c) Any complaints regarding invoices shall in no case affect the due date of the invoiced amounts. If an invoice cannot be delivered (by post or e-mail) due to incorrect or insufficient address details, a full e-mail inbox or similar reasons, this has no influence on the due date and payment deadlines.

d) In the event of a default in payment, any reminder fees incurred must be paid without deductions. The assertion of further rights due to damage caused by delay is not affected by this. The right of set-off and retention on the part of the customer is expressly excluded.

5. Basis for the letting of premises and equipment

a) HOWtoDO leases to the customer the premises and/or equipment, objects, technical devices and systems mentioned in the order confirmation for the specified period.

b) Customers are required to identify themselves to HOWtoDO upon request by presenting a valid identity card or passport. HOWtoDO is entitled to keep the customers’ personal data in  the customers’ documents or to store them on electronic media in case clarification is required for possible subsequent claims. HOWtoDO undertakes to comply with all relevant data protection regulations. Passing on of data to third parties, even excerpts thereof, is not permitted.

c) Customers are responsible for insurance and confirm that by taking over the rented rooms and objects, they are in possession of valid liability insurance in case of damage or, alternatively, they agree to settle all resulting damages from their own funds.

d) Smoking is prohibited throughout the building. An ashtray is available in front of the entrance door. Ash and cigarette butts/remainders should only be disposed of in the ashtray.

6. Usage

a) If these GTC refer to the rental rooms (or studio), this refers to the core areas of the photo studio, kitchen area, hair & make-up room and styling room. All adjacent rooms are only part of the rental agreement following a special written agreement. The use of toilets and showers is permitted within the usual limits without special agreement.

b) During the entire stay on the studio premises, customers must ensure that the regular office operations (adjacent office and commercial areas) and the adjacent private residential operations are not disturbed. In particular, they must point out this regulation to their third parties and monitor their compliance. A disturbance is e.g. excessively loud music with open windows and/or skylights, blocking the entrance area with parked vehicles or insufficiently clothed persons outside the studio. In the winter months (October to March), the blinds on the west side of the studio (kitchen area) must be closed by 3.30 p.m. at the latest and in the summer months from 5 p.m.

c) The customer must ensure that no objects, machines or vehicles weighing more than 500 kg/square metre are placed in the studio. Any kind of damage to studio floors resulting from the use of objects, machines or vehicles with a higher weight/square metre in the studio will be charged to the customer.

d) The customer undertakes to treat the rented premises, equipment and objects with care and not to expose them to excessive, inappropriate or unsuitable use. The rented premises, equipment and objects may only be used for their intended purpose. Any kind of modification/conversion of the rented equipment, materials and aids by the lessee is not permitted (this applies in particular to live electrical parts). The corresponding costs for restoring these to their original condition will be invoiced to the customer.

e) Customers must observe the existing working regulations and operating instructions as well as all official instructions and regulations. They must ensure that the contractual obligations are also observed by all third parties working for them and their visitors.

f) The use of materials and aids that could damage or contaminate the rented property, the equipment, objects, technical devices and system contained therein or cause a danger to people (e.g. flammable liquids, open fire, photos or films using water or explosives) is prohibited. This also includes the self-initiated use of water as well as sand and earth. In exceptional cases, written permission from HOWtoDO and studio supervision are required. The customer is liable for all resulting damages.

g) Any activity prohibited by law is not permitted. Violations will be reported and the customer can be expelled without reimbursement of the agreed rent of the studio.

h) Before the use of materials and aids which can lead to high heat and/or fog development (e.g. fog machines), the studio attendant must be informed. To avoid the triggering the fire alarm system, this must be deactivated in advance.

i) Without the prior written consent of HOWtoDO, the customer is not entitled to transfer rights or obligations under this contract in whole or in part to third parties. If HOWtoDO agrees, the tenant and the third party are jointly and severally liable.

j) HOWtoDO retains the domiciliary right in all rooms provided to the customer.

7. State of the rooms

a) The rented rooms are rented out in a cleaned condition. The condition must be checked by the customer for cleanliness and completeness at the start of the rental period. Any complaints must be lodged at the outset. During the rental period, the rented rooms are cleaned by a cleaning service commissioned by HOWtoDO every evening once production has finished. Only the kitchen, the toilets and all freely accessible floors and surfaces are cleaned. The cove/set area will not be cleaned. A final cleaning takes place at the end of the rental period.

b)  Should the studio be left in a very dirty state beyond a normal level following the rental period that cannot be resolved with standard final cleaning, HOWtoDO reserves the right to charge the customer for cleaning at cost plus the resulting follow-up costs (loss of rental).

8. Start and end of the lease

a) Customers must satisfy themselves of the proper condition of the rooms and rented objects at the beginning of the rental relationship. If defects or shortages are not immediately reported, the premises and rented objects shall be deemed to have been accepted as being in a proper and complete condition. The customer is obliged to do everything reasonable to contribute to a repair of a fault and to keep potential damages as low as possible.

b) HOWtoDO prepares a return log together with the customer when taking back the rented objects or rooms. If at the end of the rental period the customer waives participation in the handover log for the rented equipment or rooms, the customer agrees to honour the inspection carried out by HOWtoDO. No further confirmation is required.

c) The rental contract begins upon entering the studio premises, but at the latest at the time agreed upon in the reservation. The rent is calculated according to the price list valid at the time of reservation, or according to the rent negotiated in the specific individual case. Premises can be used beyond the reserved time following consultation and approval by the studio assistant and is charged at the regular hourly rate according to the price list or according to the rental price agreed in the concrete individual case; the customer has no legal claim to this.

d) Rent is invoiced on a daily basis. The shortest possible rental period is four hours.

e) Upon termination of use, the customer is responsible for restoring all equipment and rented objects to their original condition – this applies in particular to the cove, the kitchen, the hair & make-up room and the styling room. If necessary, all rented objects will be restored to their original condition by HOWtoDO at the customer’s expense.

9. Reservation of proprietary rights

a) All equipment, materials and aids leased by HOWtoDO remain the unrestricted property of HOWtoDO.

b)  Any sale, rental, transfer to third parties or removal of rented equipment, materials and aids from the rented premises is not permitted without prior written consent.

10. Liability of the customer within the framework of the rental agreement

a) With the service, the risk for the rented rooms and handed over objects passes to the customer. The same applies to the transport and shipping risk, even if the transport and shipping are carried out on behalf of HOWtoDO.

b) The customer is liable for the completeness and indemnity of the rented rooms and to the full extent for all material damage and personal injury caused which are directly or indirectly connected to the use of the rented devices and rooms (damage to the devices due to improper handling, external influences, theft, etc.) and the resulting consequential damage (loss of use). Excluded from this are damages caused by the intent or gross negligence of HOWtoDO as well as wear and tear damage.

c) The customer is responsible for compliance with all official regulations and requirements (in particular accident and fire prevention regulations) as well as for compliance with the strict ban on smoking in all rooms of the studio.

d) Repairs that become necessary during the rental period (with the exception of bulb and fuse replacement for rented equipment) may only be carried out by authorised contract customer services and are charged to the customer. Customers also undertake to report any damage occurring during the rental period without delay.

e) Objects not returned or returned damaged or destroyed shall, at HOWtoDO’s discretion, either be replaced by the customer with equivalent objects at the customer’s expense or be invoiced to the customer at the daily price. Damages in the rented rooms are either to be repaired by the customer or will be invoiced to the customer at HOWtoDO’s discretion.

f) The customer agrees not to undertake any actions that infringe the rights of third parties (in particular copyrights). Any damage or claims arising from this shall be borne by the customer. This liability of the customer also applies to damage caused by third parties.

g) Customers shall bear the obligation to ensure safety in the area of the rented object handed over to them.

h) Should customers gain free access to the studio rooms thanks to receipt of the keys, they are responsible for the security of the rooms. In particular, they must ensure that the entrance doors, the photo storage area and the access doors to the adjacent offices are correctly locked and secured at all times. Should customers fail to comply with this obligation, they shall be fully liable for all resulting damages and consequential damages. This also applies in particular to the loss of the keys that have been handed over.

11. Liability of HOWtoDO

a) The customer accepts the premises and technical equipment in the condition in which they are at the time of handover.

b) HOWtoDO assumes no liability that the premises or technical equipment meet the official or other requirements of the intended use. Customers must inform themselves about the relevant regulations and ensure compliance with them.

c) HOWtoDO is not liable for damages of any kind resulting from the use or failure of the rented object.

d) HOWtoDO does not assume any liability for objects of any kind that the lessee has brought into the rented rooms and does not grant any insurance cover for this.

e) The customer releases HOWtoDO from all claims of third parties which can be asserted against HOWtoDO in connection with the rental agreement. If devices or parts of devices become damaged or unusable (wearing parts) during use despite proper use, HOWtoDO will try to replace them as soon as possible. If replacement procurement is not possible, both parties have an extraordinary right of termination. Furthermore, HOWtoDO is not liable for consequential damages that arise in connection with the premature cancellation of the rental. In particular, the customer cannot assert or pass on claims of third parties against HOWtoDO.

f) Any liability of HOWtoDO for damages due to force majeure is excluded.

g) HOWtoDO is not liable for accidents on the site of the marzipan factory (Friesenweg 4).

12. Termination of contract

a) HOWtoDO is entitled to withdraw from the rental contract prematurely without observing periods of notice, excluding any obligations of the customer to pay damages, if the customer acts grossly negligently, endangers operational safety or violates obligations of the contract that are no longer compatible with the interests of HOWtoDO.

b) The same applies if a customer suspend payments, has not paid outstanding invoices by the next performance date or insolvency proceedings have been instituted against them.

(Last updated: February 2017)