Business terms
Terms & Conditions
General Terms and Conditions for film, photography, media and content productions between Tamino Zuch Filmproduktion and business clients.
Effective 1 August 2026
Provider
Tamino Zuch, trading as Tamino Zuch Filmproduktion and under the addspice brand, Dovestraße 3c, 10587 Berlin, Germany. Email: tamino@addspice.agency. Phone: +49 160 3608088. Hereinafter referred to as the Producer.
Scope
These Terms apply to all contracts for film, video, photography, media and content productions and related services between the Producer and the Client.
They apply exclusively to entrepreneurs within the meaning of Section 14 of the German Civil Code, legal entities under public law and special funds under public law. The Client's terms apply only if expressly accepted in text form. Individual agreements, quotations and order confirmations take precedence.
Contract and proposal materials
Unless stated otherwise, quotations are non-binding. A contract is formed when the Client accepts the quotation, receives an order confirmation or requests that work begins.
Concepts, treatments, calculations, moodboards, presentations and storyboards may not be implemented, reproduced or shared without prior consent. Uncommissioned proposals remain the Producer's property and intellectual property.
Services
The agreed quotation, briefing, order confirmation and production plan define the services. Minor production-related or creative deviations are permitted if they do not impair the contractual purpose.
A particular commercial, advertising or communication result is owed only if expressly agreed. The Producer may engage qualified employees, freelancers and subcontractors and remains responsible for contractual performance.
Client cooperation
The Client provides all information, materials, approvals, contacts and decisions on time and should appoint one authorised contact person. Approvals given by that person are binding.
Delays caused by late cooperation, changes or outstanding approvals extend deadlines reasonably. The Client bears resulting additional costs for personnel, equipment, locations, travel, rebooking or external services unless the Producer caused the delay.
Approvals and changes
The Client reviews and approves concepts, treatments, casting, locations, storyboards, edits and intermediate results promptly in text form. Changes to previously approved work are billed as additional work.
Unless the quotation states otherwise, two consolidated revision rounds for the first edit are included. Feedback must be complete, consistent and submitted by the authorised contact. Changes to the briefing, additional versions, formats or deliverables are charged separately after consultation.
Third-party rights
Each party is responsible for rights in the materials, people and locations it provides or commissions. The Client warrants that it may use all supplied logos, trademarks, images, films, texts, music, fonts and other materials for the project.
The Producer clears rights for people, music, stock material, locations and other content commissioned directly by the Producer, within the agreed scope. Any extension may incur additional costs. If a third party brings a justified claim concerning Client-provided material, the Client indemnifies the Producer to the extent the Client is responsible for the infringement.
Dates and unforeseen events
Dates and delivery periods are binding only when expressly confirmed as binding and require timely cooperation and approvals.
If weather, illness, force majeure, official measures, transport disruption or a comparable event outside the Producer's control prevents production, the parties agree a replacement date. Unavoidable third-party costs and reasonable rescheduling costs are borne by the Client unless the Producer is responsible.
Fees and payment
Fees are set out in the quotation and are exclusive of statutory VAT where applicable. External costs, travel, expenses, usage rights, music licences, talent fees and location costs are included only if expressly listed.
Deposits, production advances and payment milestones are defined in the quotation. The Producer may make the start of production conditional on agreed advances and external costs being paid. Invoices are payable without deduction within 14 calendar days. Additional services are billed at the agreed rates or according to the reasonable actual effort required.
Acceptance and defects
Where acceptance is required, the Producer submits the completed work for acceptance. The Client reviews it within a reasonable period. Acceptance may not be refused because of immaterial defects; statutory deemed-acceptance rules remain unaffected.
The Producer must first be given an opportunity to remedy justified defects. A subjective difference in taste is not a defect if the work follows the approved concept, briefing and agreed scope.
Delivery and archive
Only the final files and versions specified in the quotation are delivered. Raw footage, open project files, editable graphics, production files, edit projects, alternative versions and unused material are not included unless expressly agreed and may require separate remuneration and rights clearance.
The Producer stores final project files for at least six months after acceptance. The Client is responsible for permanently backing up delivered files.
Usage rights
The Client receives the usage rights expressly agreed in the quotation only after full payment. Rights may be limited by media, platform, purpose, territory and duration. If no scope is stated, the Client receives a non-exclusive right limited to what is necessary for the identifiable contractual purpose.
No rights are transferred in unused concepts, raw footage, project files or alternative versions. Music, stock, fonts and other third-party content remain subject to their licence terms. Content editing, transfer for editing or use outside the agreed purpose requires prior consent; purely technical format and size changes are permitted.
Portfolio use
After official publication, the Producer may use the completed production and reasonable excerpts and stills as work references on websites, social media, showreels, presentations, pitches, festivals and awards.
This does not apply where a confidentiality agreement conflicts or the Client raises a justified written objection before the contract is concluded. Embargoes and unpublished material will be respected.
Cancellation and postponement
The Client's statutory right to terminate a contract for work remains unaffected. If the Client terminates before completion, the Producer may claim the agreed fee less saved expenses and alternative earnings in accordance with Section 648 of the German Civil Code.
Incurred and non-cancellable external costs must also be reimbursed. Client-requested postponements are charged at the demonstrable rebooking, cancellation and additional costs. Both parties retain the right to terminate for good cause.
Liability
The Producer has unlimited liability for intent, gross negligence and injury to life, body or health. For slight negligence affecting an essential contractual duty, liability is limited to the foreseeable damage typical for the contract.
Liability for other slight negligence is excluded. Mandatory statutory liability remains unaffected.
Confidentiality and data
Both parties keep recognisably confidential project information confidential. This does not apply to information already public, lawfully obtained from a third party or required to be disclosed by law.
Personal data is processed in accordance with applicable data protection law and the Producer's Privacy Policy.
Law and jurisdiction
German law applies. The place of performance is Berlin unless the project requires otherwise. Where the Client is a merchant, legal entity under public law or special fund under public law, Berlin is the place of jurisdiction. This also applies in any other case where a jurisdiction agreement is legally permitted.
Final provisions
Legally relevant notices and amendments should be made at least in text form; individual agreements remain unaffected. If a provision is wholly or partly invalid, the remaining provisions remain effective and the statutory rule applies in its place.
The German version is legally authoritative. This English version is a convenience translation only.