Terms and Conditions (TaC)
Martin Henne Camera Operator

  1. Scope of application
    1. The following General Terms and Conditions shall apply to all contracts of the cameraman Martin Henne (hereinafter referred to as “Contractor”) with a contractual partner in the field of the production of images for television and other audiovisual media (hereinafter referred to as “Client”), insofar as these are entrepreneurs, legal entities under public law or special funds under public law within the meaning of § 310 para.
      1 BGB (German Civil Code).
    2. Deviating terms and conditions of the client shall not apply unless expressly agreed in writing.
    3. These General Terms and Conditions shall also apply to all future orders with the client, insofar as these are legal transactions of a related nature.
  2. Subject matter of the contract
    1. The Contractor shall provide its services as a cameraman as part of an assignment as an independent contractor.
    2. When booking, the client is obliged to provide precise information about the intended content of the production without being asked and to point out any exceptional circumstances of the assignment, such as special working hours, special risks to body and health or the risk of special moral or emotional stress situations that may be associated with the assignment.
    3. Permanent employment is neither intended nor justified by either party.
    4. The contractor is free to work for other clients before, during and after the order.
      This also applies in particular if these are in direct competition with the client.
    5. With regard to the creative and/or journalistic nature of the service, the Contractor shall not be subject to any instructions from the Client in the performance of its activities. The Contractor shall be free in the performance and organization of its activities, with the exception that it must take into account special project-related specifications to which the Client is also subject and which are not or only partially within the Client’s sphere of influence, such as the place and time of production.
    6. The Contractor shall be responsible for health insurance, pension insurance and tax declaration and contribution obligations.
  3. Formation of the contract
    1. The contract with the contractor is concluded by accepting the order offer by post, telephone, fax or e-mail.
  4. Contract duration and remuneration
    1. Remuneration is based on the agreed order-related daily fees.
      The smallest billing unit is a daily fee.
      The agreed daily fee refers to a working time of up to 10 hours incl. 1 hour break.
      1 hour break.
      The working time also includes arrival and departure times, any travel times, as well as the times required for the preparation and follow-up of the production.
      Arrival and departure days will be charged at 100% of the daily fee.
    2. Working hours that exceed the flat rate of 10 hours will be charged at one tenth of the daily fee plus a surcharge for each additional hour or part thereof.
      For the
      11th and
      12th hour the surcharge is 25 %, for the
      13th and
      14th hour 50 %, and for each additional hour 100 % of the tenth part of the daily fee (1/10).
    3. For assignments on Sundays and public holidays, a surcharge of 50% of the agreed daily rate shall be charged on Sundays and 100% on public holidays.
      The place of production is decisive for the question of the existence of a public holiday.
    4. The Contractor shall be entitled to demand an advance payment of an appropriate amount from the Client for a partial performance rendered in accordance with the contract.
      Payments on account are due immediately.
    5. All payments are due immediately after invoicing without any deductions.
      The Contractor shall be entitled to claim damages for default in accordance with the statutory provisions under the conditions of default.
    6. The agreed remuneration of the Contractor shall be subject to statutory value added tax.
    7. Any travel and accommodation costs incurred for the provision of the service, as well as the customary local flat-rate meal allowances (corresponding to the tax-deductible per diems) shall be charged to the client additionally.
    8. The service provider is entitled to accommodation in a hotel of at least medium standard.
      Accommodation shall be in single rooms.
    9. If a vehicle provided by the client (including rental cars) is used, the client shall bear all costs.
      The client undertakes to insure the vehicles or rental cars provided by him without deductible for the contractor (liability and fully comprehensive insurance).
      The Contractor undertakes to handle the vehicles provided carefully and properly.
      Claims for damages by the Client are excluded, except in cases of intent and gross negligence.
  5. Granting of rights and consent
    1. The granting of copyright usage rights or ancillary copyrights by the Contractor to the Client is subject to the condition precedent of full payment of the agreed remuneration.
      In the event of exploitation of the Contractor’s performance by the Client without granting the necessary rights, the Client shall assign to the Contractor at this point in time the claims arising from the exploitation up to the amount owed to the Contractor; the Contractor shall accept the assignment.
    2. It can be agreed separately that the rights are granted at the time the copyright exploitation rights arise (e.g. live broadcast).
    3. If the Contractor as a person is to be the subject of images for television or other audiovisual media, the express, prior and written consent of the Contractor is required. Any consent granted shall be subject to a separate fee to be agreed.
  6. Liability
    1. The Contractor shall be liable without limitation in the event of intent or gross negligence and in the absence of a guaranteed characteristic.
    2. In the event of slight negligence, the Contractor shall be liable without limitation in the event of injury to life, limb and health. Otherwise, the Contractor shall only be liable for slight negligence if an obligation is breached, the fulfillment of which is essential for the proper execution of the contract, the breach of which jeopardizes the achievement of the purpose of the contract and on the observance of which the Client can regularly rely (cardinal obligation). In the event of a breach of a cardinal obligation, liability shall be limited to the foreseeable damage typical of the contract up to a maximum of € 100,000. This also applies to lost profits and lost savings. Liability for other remote consequential damages is excluded.
    3. Liability for all other damages is excluded.
    4. The client is responsible for filming permits and access rights as well as any necessary clarification of the rights of third parties (e.g. personal rights of third parties, in particular their right to their own image, the domiciliary rights of third parties, any third-party fee claims, etc.).
    5. If third party rights within the meaning of Section 6.4 are infringed in the course of the proper execution of the order placed, the client shall be liable. The Client shall indemnify the Contractor against corresponding third-party claims and shall reimburse the Contractor for any necessary legal costs associated with the claim.
    6. The above liability provisions shall also apply to the Contractor’s vicarious agents.
  7. Termination of the cooperation
    1. The contract may be terminated by the client at any time. In the event of termination, the following conditions apply: In the case of one-day bookings, a cancellation is possible up to 48 hours before the start of the order without the obligation to pay a flat-rate cancellation fee; up to 24 hours before the start of the order, a flat-rate cancellation fee of 50% of the agreed remuneration shall be payable; thereafter, a flat-rate cancellation fee amounting to the full agreed remuneration shall be payable.In the case of orders lasting several days, even if they are not consecutive days, the cancellation periods shall be extended in line with the duration of the order, i.e. a two-day order can be canceled four days before the start of production without any obligation to pay, up to 48 hours beforehand 50% of the remuneration shall be payable as a cancellation fee, thereafter 100%. Any costs already incurred by the contractor in reliance on the execution of the order shall be reimbursed on presentation of an invoice. Weekend and public holidays shall not be taken into account when calculating cancellation deadlines (e.g. the cancellation of an order starting on Monday can only be canceled until the preceding Wednesday without payment obligation).
    2. For order volumes of more than 10 days, a separate provision shall be made upon conclusion of the contract that does not disadvantage the Contractor in relation to Section 7.1. If the parties refrain from doing so, the statutory provisions shall apply.
    3. The risk of failure or interruption of production shall be borne by the Client, unless the Contractor is responsible for the failure or interruption. Failure or termination of production shall not affect the Contractor’s entitlement to remuneration. Any necessary postponement of production shall be regarded as a failure in this sense, and catching up on production shall constitute a new order.
  8. Confidentiality obligation
    1. The Contractor undertakes to maintain confidentiality regarding all trade and business secrets of the Client as well as confidential details of the production.
  9. Insurances
    1. The client shall insure against special accident risks associated with the production site by taking out separate accident insurance at his own expense.
  10. Severability clause
    1. Should individual provisions of this contract be invalid or unenforceable or become invalid or unenforceable after conclusion of the contract, this shall not affect the validity of the remaining contractual provisions. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision whose effect comes as close as possible to the economic objective pursued by the contracting parties with the invalid or unenforceable provision.
  11. Miscellaneous
    1. The Contractor shall be entitled to provide the services through or with the assistance of third parties (vicarious agents). The Contractor shall then also be liable for the provision of services as for its own actions.
    2. The place of jurisdiction and place of performance for all disputes arising from this contract shall be the Contractor’s registered office.
    3. The client may only offset claims arising from this contract with undisputed or legally established claims. The client shall not be entitled to a right of retention due to claims that do not originate from this contract.
    4. This contract and all legal relationships between the parties are subject to German law.
    5. Amendments and supplements to this contract must be made in writing, as must any waiver of the written form requirement. There are no verbal collateral agreements.

April 04, 2020

Download TaC (.pdf)