1. Scope of Application

1.1​

 

The following General Terms and Conditions shall apply to all contracts entered into by the cameraman/camerawoman (hereinafter referred to as the “Contractor”) with a contractual partner in the field of image production for television and other audiovisual media (hereinafter referred to as the “Client”), insofar as such contractual partner is an entrepreneur, a legal entity under public law, or a special fund under public law within the meaning of Section 310 (1) German Civil Code (BGB).

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1.2

 

Any deviating terms and conditions of the Client shall not apply unless expressly agreed to in writing.

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1.3

 

These General Terms and Conditions shall also apply to all future engagements with the Client insofar as they concern legal transactions of a related nature.

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2. Subject Matter of the Contract​

2.1

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The Contractor shall perform services as a cameraman/camerawoman within the framework of an engagement as an independent contractor.

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2.2

 

The Client shall be obliged to provide unsolicited and accurate information at the time of booking regarding the intended content of the production and to inform the Contractor of any extraordinary circumstances relating to the assignment, such as special working hours, particular risks to life and health, or risks involving exceptional moral or psychological stress situations associated with the engagement.​

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2.3

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Neither party intends nor establishes a permanent employment relationship.

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2.4

 

The Contractor shall be free to work for other clients before, during, and after the assignment. This shall also apply where such clients are in direct competition with the Client.

 

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2.5

 

With regard to the creative and/or journalistic nature of the services, the Contractor shall not be subject to instructions from the Client in the performance of their activities.

 

The Contractor shall remain free in the execution and organization of their work, except that consideration shall be given to specific project-related requirements to which the Client may also be subject and which are not, or only partially, within the Client’s sphere of control, such as the place and timing of production.

 

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2.6

 

 

The Contractor shall be solely responsible for health insurance, pension insurance, and all tax declaration and payment obligations.

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3. Conclusion of Contract

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The contract with the Contractor shall be concluded upon acceptance of the offer by mail, telephone, fax, or e-mail.

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4. Duration of Contract and Numeration

4.1

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Remuneration shall be based on the agreed project-related daily fees. The smallest billing unit shall be one daily fee or one daily team rate.

 

The agreed daily fee or daily team rate applies to an assignment duration of up to 10 hours, including 1 hour break.

 

Assignment time shall also include standby periods, travel to and from the location, travel time, and all preparation and follow-up work necessary for the production.

 

Travel days to and from the production location shall each be billed at 100% of the daily fee.

 

“Off-days” during outside broadcasts (OB) or electronic news gathering productions (ENG) involving overnight stays at the production location shall be compensated at 50% of the daily fee.

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4.2

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The following shall apply to self-employed television camera operators:

 

One working day comprises 10 hours. Any working hour exceeding these 10 hours shall be considered overtime and shall be compensated in addition to the agreed remuneration.

 

The hourly overtime rate shall equal one tenth of the agreed daily fee.

 

Overtime surcharges shall be calculated as follows:

 

• The 11th and 12th working hours shall be subject to a 25% surcharge on the hourly rate.

• The 13th and 14th working hours shall be subject to a 50% surcharge on the hourly rate.

• From the 15th working hour onwards, each additional working hour shall result in an additional full daily fee being charged.

 

 

All surcharges shall be totaled and separately itemized in the final invoice.

 

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4.3

 

Assignments on Sundays and public holidays shall be subject to a surcharge of 50% on Sundays and 100% on statutory public holidays based on the agreed daily rate.

 

The decisive factor for determining whether a day qualifies as a public holiday shall be the place of production.

 

For productions abroad, the statutory public holidays applicable throughout Germany shall apply.

 

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4.4

 

The Contractor shall be entitled to request reasonable advance payments from the Client for contractually rendered partial services. Advance payments shall become due immediately.

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4.5

 

All payments shall be due immediately upon invoicing without deduction.

 

In the event of default, the Contractor shall be entitled to assert default damages in accordance with statutory provisions.

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4.6

 

The agreed remuneration shall be exclusive of statutory value added tax (VAT).

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4.7

 

Any travel and accommodation expenses incurred for the performance of the services, as well as customary per diem allowances for meals (in accordance with tax-deductible daily allowances), shall be charged separately to the Client.

 

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5. Granting of Rights and Consent

5.1

 

The granting of copyright usage rights or neighboring rights by the Contractor to the Client shall be subject to the condition precedent of full payment of the agreed remuneration.

 

In the event that the Client exploits the Contractor’s services without having acquired the necessary rights, the Client hereby assigns to the Contractor all claims arising from such exploitation up to the amount owed to the Contractor; the Contractor accepts such assignment.

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5.2

 

It may be separately agreed that the granting of rights shall occur at the time the copyright exploitation rights arise (e.g., live broadcasts).

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5.3

 

If the Contractor personally becomes the subject of images for television or other audiovisual media, the Contractor’s prior express written consent shall be required.

 

Any such consent shall be subject to separately agreed remuneration.

 

 

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6. Liability

6.1

 

The Contractor shall be liable without limitation in cases of intent, gross negligence, or absence of a guaranteed characteristic.

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6.2

 

In cases of slight negligence, the Contractor shall be liable without limitation in the event of injury to life, body, or health.

 

Otherwise, in cases of slight negligence, the Contractor shall only be liable for breaches of obligations whose fulfillment is essential for the proper execution of the contract, whose breach jeopardizes the achievement of the contractual purpose, and on whose compliance the Client may regularly rely (“cardinal obligations”).

 

Liability for breach of cardinal obligations shall be limited to foreseeable damages typical for the contract up to a maximum amount of EUR 100,000.

 

This limitation shall also apply to lost profits and unrealized savings.

 

Liability for indirect consequential damages shall be excluded.

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6.3

 

Liability for all other damages shall be excluded.

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6.4

 

The Client shall be responsible for obtaining filming permits and access rights as well as clarifying any third-party rights that may be required (e.g., personal rights of third parties, especially rights to one’s own image, property rights of third parties, fee claims of third parties, etc.).

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6.5

 

Insofar as third-party rights within the meaning of Clause 6.4 are infringed during the proper execution of the assignment, the Client shall be liable.

 

The Client shall indemnify the Contractor against corresponding third-party claims and reimburse the Contractor for any necessary legal defense costs incurred.

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6.6

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The above liability provisions shall also apply to the Contractor’s vicarious agents.

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7. Termination of Cooperation

7.1

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The contract may be terminated by the Client at any time.

 

In the event of cancellation of bookings, the following conditions shall apply:

 

• Cancellation up to 48 hours before commencement of the assignment shall result in a cancellation fee of 50% of the agreed daily rate.

• Cancellation up to 24 hours before commencement of the assignment shall result in a cancellation fee of 100% of the agreed remuneration.

 

 

For both single-day and multi-day assignments, any expenses incurred by the Contractor in reliance on the performance of the contract shall be reimbursed upon presentation of invoices.

 

The contract may also be terminated by the Contractor by mutual agreement, provided that this does not disadvantage the Client in such a way that the production is jeopardized.

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7.2

 

For assignments exceeding 10 days, a separate arrangement shall be agreed upon at the time of contract conclusion which shall not place the Contractor at a disadvantage compared to Clause 7.1.

 

If the parties refrain from doing so, the statutory provisions shall apply.

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7.3

 

The Client shall bear the risk of cancellation or interruption of the production unless the Contractor is responsible for such cancellation or interruption.

 

Cancellation or interruption of the production shall not affect the Contractor’s entitlement to remuneration.

 

Any necessary postponement of the production shall constitute a cancellation within the meaning of this provision; any rescheduled production shall constitute a new assignment.

 

The Client hereby assigns to the Contractor any insurance claims relating to the camera department arising under an insurance contract covering the risks listed herein if a conflict arises due to the interruption or cancellation of a production booked for more than two days.

 

Corresponding insurance coverage claims shall be disclosed upon request.

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8. Confidentiality

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The Contractor undertakes to maintain confidentiality regarding all operational and business secrets of the Client as well as confidential details of the production.

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9. Insurance

 

The Client shall, at their own expense, obtain separate accident insurance coverage for any special accident risks associated with the production location.

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10. Severability Clause

 

Should individual provisions of this contract be or become invalid or unenforceable after conclusion of the contract, the validity of the remaining provisions shall remain unaffected.

 

The invalid or unenforceable provision shall be replaced by a valid and enforceable provision whose economic effect comes as close as possible to the intended purpose pursued by the parties with the invalid or unenforceable provision.

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11. Miscellaneous

11.1

 

The Contractor shall be entitled to perform the services personally or through the involvement of third parties (vicarious agents).

 

The Contractor shall remain liable for the performance of the services as for their own actions.

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11.2

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Place of jurisdiction and place of performance for all disputes arising from this contract shall be the Contractor’s registered office.

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11.3

 

The Client may only offset claims arising from this contract against undisputed or legally established claims.

 

The Client shall have no right of retention based on claims not arising from this contract.

 

 

11.4

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This contract and the entire legal relationship between the parties shall be governed by German law.

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11.5

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Any amendments or supplements to this contract, including any waiver of the written form requirement, must be made in writing.

 

No oral side agreements exist.

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Source: https://www.bvfk.tv/service/agb/