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Terms & conditions.

General Terms and Conditions of Boothside – Markus Gabor.

These General Terms and Conditions govern all contracts between Boothside – Markus Gabor and its clients.

1. Scope of Application

These General Terms and Conditions apply to all contracts between Boothside – Markus Gabor ("Contractor") and entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB), as well as legal entities under public law and special funds under public law ("Client").

They apply in particular to services in the following areas:

  • video production
  • photo production
  • content creation
  • technical production services in connection with trade fairs, media, and communication measures

Any deviating terms and conditions of the Client shall apply only if the Contractor has expressly agreed to them in text form.

2. Conclusion of Contract

A contract is concluded through offer and acceptance in text form, in particular by email or written order confirmation.

The following shall be decisive for the content and scope of the order:

  • the individual agreement or order confirmation
  • the offer
  • these General Terms and Conditions

3. Services

The exact scope of services shall be determined exclusively by the respective offer, the order confirmation and, where applicable, supplementary project documents.

The Contractor is entitled to have services performed in whole or in part by qualified third parties or subcontractors. Technical, organizational, or design-related changes remain reserved, provided they are reasonable for the Client and do not materially alter the essential content of the agreed services.

Unless expressly agreed otherwise, no specific economic success, reach, conversion, media response, or specific marketing success is owed.

4. Prices and Terms of Payment

All prices are agreed individually and result from the respective offer or contract.

Unless agreed otherwise, the following shall apply:

  • 50% down payment upon placement of the order
  • balance payment within 7 calendar days from the invoice date

The Contractor is entitled to issue partial invoices for completed partial services or project phases.

In the event of late payment, the Contractor is entitled to charge statutory default interest, withhold further services, and continue prepared or reserved services only against advance payment. Travel, accommodation, transport, license, third-party, material, shipping, voice-over, music, studio, and other project-related ancillary costs shall be charged separately unless they are expressly included in the offer. Where, in the case of services provided to Clients based abroad, the legal requirements for the reverse charge procedure or any other special VAT treatment are met, invoices shall be issued without German VAT being shown separately. The Client is obliged to provide all information and evidence required for this purpose in due time, in particular a valid VAT identification number and proof of entrepreneurial status.

5. Client’s Duties to Cooperate

The Client is obliged to provide all information, content, approvals, contacts, and documents required for the performance of the order in a timely and complete manner.

This includes in particular:

  • content, data, and materials
  • trademarks, logos, images, texts, or music, insofar as provided by the Client
  • required permits and approvals
  • access, infrastructure, and organizational requirements at the production location

Delays, additional work, or additional costs caused by delayed, incomplete, or incorrect cooperation by the Client shall be charged separately. The Client warrants that the content and materials provided by it are free of third-party rights or may be used lawfully. In this respect, the Client shall indemnify the Contractor against any third-party claims.

6. On-Site Production Conditions

Agreed times for delivery, setup, production, execution, and dismantling are binding project parameters.

Delays for which the Contractor is not responsible, in particular delayed access, missing approvals, missing infrastructure, official restrictions, or delays caused by third parties, shall be treated as additional effort and billed separately. In the case of outdoor productions or weather-dependent productions, the Client bears the economic risk of weather-related impairments. The Contractor is entitled to interrupt, adjust, or discontinue services in whole or in part for safety reasons.

7. Approval and Acceptance

Upon completion of the agreed final version, the Client shall be given the opportunity to review and accept it.

Unless agreed otherwise, one correction round is included in the offer. Any further changes shall be charged separately. If no response in text form is received within 7 calendar days after the final version has been provided and the Client has been expressly requested to accept it, the work shall be deemed accepted unless material defects have been reported. Use, publication, or disclosure of the work by the Client shall also constitute acceptance.

8. Copyright and Rights of Use

All content, concepts, drafts, raw versions, graphics, photos, videos, animations, texts, and other work results created by the Contractor are subject to copyright. Rights of use shall only pass to the Client upon full payment and only to the extent contractually agreed. Unless agreed otherwise, the Client shall receive a simple, non-transferable right of use for the agreed purpose and the agreed channels. Any editing, transfer to third parties, multiple use, international use, use for paid advertising placements, or use beyond the originally agreed purpose requires a separate agreement. Raw material, open editing data, project files, templates, animation files, and other working files are only owed if this has been expressly agreed.

9. Music, Licenses, and Third-Party Rights

Where the Contractor uses music, stock material, fonts, templates, or other licensed content, this shall take place within the scope of the respective license terms of the third-party provider. The Contractor owes only the scope of license agreed in the offer. The Client bears the legal responsibility for content supplied or specified by it, in particular with regard to copyright, trademark rights, personal rights, data protection, and other protective rights.

10. Reference Use

The Contractor is only entitled to use completed projects as references after prior express approval by the Client in text form. The approval must specify the scope of the permitted reference use. Without such express approval, any reference use is excluded. Any approval granted may be revoked in text form with effect for the future. Any lawful uses already made shall remain unaffected.

11. Liability

The Contractor shall have unlimited liability in cases of intent and gross negligence, as well as for damages arising from injury to life, body, or health. In cases of ordinary negligence, the Contractor shall only be liable for breach of essential contractual obligations and only up to the amount of the typical, foreseeable damage under the contract. To the extent permitted by law, liability for indirect damages, consequential damages, production failures, loss of profit, failed publications, lack of reach, or technical failures caused by third parties is excluded.

The Contractor shall not be liable for content, materials, approvals, or legal specifications provided by the Client.

12. Cancellation and Failure

In the event of cancellation or postponement by the Client, the following shall apply unless agreed otherwise:

  • up to 30 calendar days before the start of the project: free of charge
  • 29 to 10 calendar days before the start of the project: 50% of the agreed order value
  • from 9 calendar days before the start of the project: 100% of the agreed order value

Services already rendered, preparatory work, booked third-party services, license costs, travel costs, and non-cancellable third-party expenses shall in all cases be charged in full. The Client reserves the right to prove that a lower damage has been incurred.

13. Force Majeure

If the Contractor is unable to perform services, or is unable to perform them in full or on time, due to force majeure or other unforeseeable circumstances for which it is not responsible, deadlines shall be extended accordingly for a reasonable period. This includes in particular natural events, severe weather, official measures, strikes, outages of networks or platforms, illness of essential participants, and comparable events.

14. Data Protection

The parties shall each process personal data under their own responsibility under data protection law and in compliance with the applicable data protection regulations. Where required, a separate data processing agreement shall be concluded before processing begins. In all other respects, the Contractor’s privacy policy shall apply additionally.

15. Final Provisions

The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). The place of jurisdiction shall, to the extent legally permissible, be the Contractor’s registered office. Should any provision of these General Terms and Conditions be or become invalid in whole or in part, the validity of the remaining provisions shall remain unaffected.

January 2026, Nuremberg, Germany.