Imprint

Imprint

Information according to § 5 TMG

Responsible for the content according to § 55 Abs. 2 RStV:
Cornelia Wolf,
Johannes Maierbacher

Disclaimer of liability:
Liability for links
Our offer contains links to external websites of third parties, on whose contents we have no influence. Therefore we cannot assume any liability for these external contents. The respective provider or operator of the sites is always responsible for the contents of the linked sites. The linked pages were checked for possible legal violations at the time of linking. Illegal contents were not identifiable at the time of linking. However, a permanent control of the contents of the linked pages is not reasonable without concrete evidence of a violation of the law. If we become aware of any infringements, we will remove such links immediately.

Copyright
The contents and works on these pages created by the site operators are subject to German copyright law. The reproduction, editing, distribution and any kind of use outside the limits of copyright law require the written consent of the respective author or creator. Downloads and copies of these pages are only permitted for private, non-commercial use. Insofar as the content on this site was not created by the operator, the copyrights of third parties are respected. In particular, third-party content is marked as such. Should you nevertheless become aware of a copyright infringement, please inform us accordingly. If we become aware of any infringements, we will remove such contents immediately.

Data protection
The use of our website is generally possible without providing personal data. As far as personal data (e.g. name, address or e-mail addresses) is collected on our website, this is always done on a voluntary basis, as far as possible. These data will not be passed on to third parties without your express consent. We would like to point out that data transmission on the Internet (e.g. communication by e-mail) can have security gaps. A complete protection of data against access by third parties is not possible. The use of contact data published within the scope of the imprint obligation by third parties for sending advertising and information material not expressly requested is hereby expressly prohibited. The operators of the pages expressly reserve the right to take legal action in the event of the unsolicited sending of advertising information, for example through spam mails.

Google Analytics
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AGB:

GENERAL

1.1 The general terms and conditions of order and delivery of Albert Coon GmbH & Co KG apply to all commissioned productions. They are basically designed for legal transactions between companies and are an essential part of every offer and every contract. These GTC may be adapted or amended by Albert Coon GmbH & Co KG at any time. If this is the case, the affected clients will be informed of this in writing.

Albert Coon GmbH & Co KG shall only be legally bound by the company's confirmation of the offer/order (confirmation by fax or e-mail with digital signature is permissible) or the signing of the contract. By signing the order letter or the order confirmation, the General Terms and Conditions of Order and Delivery are accepted.

1.2 The production of the film work/video, regardless of the carrier material, shall be based on the script approved by the client or provided by the client under the conditions set out in writing in the production contract or the accepted offer. Treatments, concepts, scripts, drawings, plans and similar documents prepared by Albert Coon GmbH & Co KG or on its behalf shall remain the intellectual property of Albert Coon GmbH & Co KG if they are not used in the work/film or if no fee has been agreed for them. Any use, in particular passing on, duplication and publication shall require the express consent of Albert Coon GmbH & Co KG. Documents supplied by the client may be reclaimed by the client.

1.3 The production contract or the accepted offer shall already state the distribution areas, media and time periods for which the film work is to be produced.

1.4 Offers from Albert Coon GmbH & Co KG are subject to change and non-binding.

1.5 The term "film work/video" is also referred to as "WORK" in these GTC. Producer is Albert Coon GmbH & Co KG refers to.

2. COSTS

2.1 The agreed price includes all production costs, including the provision variant of the work/film agreed in writing in the offer. The calculated working time per shooting day is max. 8 hours.

2.2 Weather-related postponements of the shoot (weather risk) are not included in the calculated production costs. Additional costs arising from this will be invoiced according to documented expenditure.

2.1 The contractually agreed price includes all production costs, including a screenable first copy, as well as the granting of rights to the cinematographic work to the extent provided for in section 7.2.

2.2 Weather-related postponements of the shoot (weather risk) are usually not included in the calculated production costs. Additional costs arising from this will be invoiced according to documented expenditure.

2.3 A separate contract may be concluded for the production of a treatment, concept or screenplay. The price agreed in this contract shall be paid by the Client even if he does not have the treatment, concept or screenplay filmed or withdraws from the contract. If a screenplay is provided by the client or a pre-existing film work is provided by the client or his authorised representative, the full transfer of rights shall be made to the producer.

2.4 If the client requires the conclusion of a specific insurance policy, he must inform the producer of this at the latest when the contract is concluded and reimburse the costs for this.

2.5 The client shall bear the costs for any professional advice arranged by him.

3. third-party services - commissioning of third-party service providers

3.1 Albert Coon GmbH & Co KG is entitled, at its own discretion, to perform the services specified in the respective offer itself or to commission competent third-party providers to perform them.

3.2 External services may be used by Albert Coon GmbH & Co KG at any time for the fulfilment of the project and do not have to be agreed with the client, as long as the client does not incur any additional costs as a result.

3.3 The commissioning of third parties within the scope of an external service shall - unless otherwise agreed in writing in advance - take place on behalf of Albert Coon GmbH & Co KG. The respective contractors shall not be deemed to be vicarious agents of Albert Coon GmbH & Co KG.

4 PRODUCTION, MODIFICATION, ACCEPTANCE, FOREIGN LANGUAGE VERSIONS, DELIVERY DEADLINE

4.1 Pre-shooting and shooting work and comparable work (see item 5.2) shall commence at the earliest after the production contract has been signed or the accepted offer has been made.

4.2 The artistic and technical design of the work is the responsibility of the Albert Coon GmbH & Co KG and the Albert Coon GmbH & Co KG commissioned third party suppliers. Albert Coon GmbH & Co KG shall inform the client of the location and intended course of filming.

4.3 If the client demands changes to the temporal dispositions, the manuscript, the screenplay or the parts of the film that have already been produced from the acceptance of the film, these changes shall be at his expense, insofar as it is not a matter of the assertion of justified notices of defects. The producer shall inform the client immediately of the anticipated costs of these changes.

4.4 If the client has requests for changes after acceptance of the film, he must inform the film producer in writing of the desired changes. The producer is obliged and solely entitled to make changes. Such changes shall be at the expense of the client.

4.5 If, for artistic or technical reasons, the producer proposes changes to the already approved script that will lead to additional costs compared to the agreed production price, they require the prior written consent of the client. Additional costs not expressly approved cannot be claimed.

The length of the work results from the production contract. The running time shall be deemed to have been complied with if the cut copy does not deviate by more than 5 % from the agreed length.

4.6 If foreign language versions of the cinematographic work are to be produced by dubbing or subtitling, a corresponding agreement shall be made.

5 LIABILITY

5.1 The producer undertakes to produce a technically flawless product. He expressly guarantees that the production has a flawless sound and picture quality.

5.2 If a circumstance occurs during the production of the film which makes the contractual production impossible, the producer is only responsible for intent and gross negligence. The same shall apply if the film is not completed on time. The impossibility of production or the failure to complete the film on time, for which neither the producer nor the client is responsible, only entitles the client to withdraw from the contract. However, the services rendered so far shall be charged.

5.3 Material defects recognised by the Contractor shall be corrected by the Contractor. If these corrections cannot be carried out without the cooperation of the client or his expert adviser, the producer can consider the contract to have been fulfilled after the fruitless expiry of a statutory period of at least two weeks for carrying out the corresponding actions. The producer is entitled to refuse to remedy the defects until the payments due at the time of the correction have been made.

5.4 Unless otherwise stipulated in writing, the producer shall be liable for any infringements of rights caused by him during production, but the client shall bear the risk of the props and materials provided by him, including logos and images that are inserted.

6 WITHDRAWAL FROM THE CONTRACT BY THE CLIENT

6.1 If the production order has been placed and the client withdraws from the order through no fault of the producer, the producer is entitled to invoice the net costs actually incurred as well as the pro rata HU and the total profit lost.

6.2 In the event of a cancellation of the order in the period between 10 and 4 days prior to the start of shooting or prior to a comparable status in the case of works that are to be produced from already existing and / or from computer-secured footage, the Producer shall be entitled to charge 2/3 of the calculated net costs accepted by the Client plus HU and lost total profit.

6.3 If the client withdraws between the 3rd and the 1st day before the scheduled start of shooting or comparable activities (see 5.2), the calculated and commissioned total sum will be invoiced.

7 TERMS OF PAYMENT

7.1 Unless otherwise agreed, the following terms of payment shall apply:

Half of the payment agreed in the offer before the start of production, the second half on acceptance of the production. The payment must in each case be credited to the account of Albert Coon GmbH & Co KG received.

8 COPYRIGHTS, EXPLOITATION RIGHTS

The work is produced on the basis of the script/concept accepted by the client and the film producer or the points specified in writing in the production order. Pursuant to § 7 Urh.G., the producer/ Albert Coon GmbH & Co KG shall hold all necessary copyright exploitation rights (except if they are held by a collecting society), in particular the reproduction, distribution, broadcasting, performance and ancillary copyrights necessary for the performance of the contract, which shall be administered by him even after completion of the work.

In the production contract it must be agreed which rights of use to the finished work are granted to the client after full payment of the production costs and to what extent (spatially, temporally).

8.1 Excluded from the granting of rights are in any case the rights to reproduction, editing, modification, supplementation, foreign language dubbing and the use of excerpts in picture and/or sound, unless they are expressly agreed by contract and separately compensated. For the compensation of these assigned rights of use, at least the loss of profit of the production shall be assessed. This shall not affect the claim for damages.

8.2 The client expressly agrees that the legally required notifications to the relevant collecting societies will be made by the producer/ Albert Coon GmbH & Co KG. In order to secure the copyright exploitation rights, the source material (picture and sound), in particular negatives, master tape and also the residual material shall remain with the producer/ Albert Coon GmbH & Co KG or with its third party suppliers.

8.3 The producer/ Albert Coon GmbH & Co KG undertakes to store the original, image and sound material of the delivered work professionally against reimbursement of costs only at the express request of the client. The duration of the storage must be recorded in writing in the production order/ or contract.

Before the expiry of the respective period, the client or his authorised representative shall request in writing the duration of a further storage. With regard to the reimbursement of the costs of this additional storage, the procedure shall be in accordance with the guidelines of the Austrian Film and Music Industry Association.

Insofar as the rights excluded from the granting of rights pursuant to 7.3 have been settled and contractually assigned to the Client for exploitation, the obligation pursuant to § 7.6 to store the Work shall be incumbent on the Client, unless expressly agreed otherwise. Upon delivery of the Work, the risk for the copy documents shall pass to the Client, even if the Work is stored with the Producer or with a copying company commissioned by the Producer.

8.4 The Client expressly agrees that the Producer/ Albert Coon GmbH & Co KG may publish and disseminate the finished work on the Internet as well as impressions of the production process (in the form of images, video sequences and texts), on its websites and all social media platforms. If the client provides material that can be seen in the work, the corresponding rights are clarified by the client.

Albert Coon GmbH & Co KG and its third party suppliers shall be indemnified and held harmless in the event of infringement of all rights.

9 OTHER PROVISIONS

9.1 The title credits and trailer must be approved by the client as part of the script.

9.2 The producer/Albert Coon GmbH & Co KG is entitled to display its company name and logo as a copyright notice. Furthermore, he has the right to screen or have screened the film work on the occasion of competitions and festivals as well as for self-promotion (sample reel).

The use of excerpts or other visual material on the producer's website for self-promotion purposes is permissible and shall be deemed equivalent to a presentation for self-promotion purposes.

9.3 If several clients place an order with the producer for a film work, it must be recorded in writing before the start of shooting or before a comparable status in the case of film works that are to be produced from already existing and/or computer-generated image material, which client is to make declarations in the sense of the previous points to the producer on behalf of the other clients. This applies in particular to the naming of the person responsible for the acceptance of the film work.

9.4 If several co-producers are contractual partners of the Principal, the provision of clause 8.3 shall apply mutatis mutandis.

9.5 Amendments to the production contract or/and these terms and conditions of manufacture require written confirmation. If a provision of the production contract renders a point of these terms and conditions of manufacture and delivery invalid, this shall not affect the validity of the remaining provisions.

9.6 The place of performance shall be the head office of the Producer.

9.7 In the event of disputes, it is agreed that the court with jurisdiction at the head office of the producer shall be the competent court. This court shall apply Austrian law.