Last updated: March 2026
General Terms and Conditions for Film Production, Photography and Audiovisual Content
Simon Baumgartner – operating under the name FRMD Films
Weberlefeld 12, 9904 Thurn, Austria
hello@frmd-films.com
www.frmd-films.com
I. Scope of Application
These General Terms and Conditions apply exclusively to business transactions with entrepreneurs within the meaning of §1 KSchG (Austrian Consumer Protection Act).
All services are provided exclusively on the basis of these GTC.
Deviating terms of the client shall only apply if expressly accepted in writing by Simon Baumgartner.
These GTC shall also apply to future business relationships, even if not explicitly referenced again.
II. Conclusion of Contract
All offers made by the producer are non-binding and subject to change.
A contract is concluded upon written confirmation, acceptance of an offer, or commencement of services.
III. Scope of Services
The scope of services results from the respective offer, production brief or project agreement.
The producer retains full creative and technical freedom regarding the implementation of the project.
The producer may engage freelancers, subcontractors or external service providers for project execution. The Producer collaborates with a network of independent creatives and freelancers. For each project, we bring together the right team to match the creative and production needs.
IV. Production and Execution
The client shall ensure that all required permits, approvals and rights necessary for the production are obtained.
Delays caused by the client (e.g. late delivery of products, information, approvals or materials) may lead to additional costs.
Outdoor productions may be affected by weather conditions, which may require schedule adjustments.
V. Third-Party Rights and Indemnification
The client is responsible for obtaining all necessary usage rights, licenses and permissions from third parties required for production and use of the material.
This includes but is not limited to copyrights, trademarks, design rights, personality rights and the right to one’s own image pursuant to §78 Austrian Copyright Act.
The client must obtain the consent of all persons appearing in the footage or photographs.
The client shall indemnify and hold the producer harmless against any claims by third parties arising from the use of the material, including claims under §78 Austrian Copyright Act or §1041 Austrian Civil Code.
The producer only guarantees the consent of rights holders if explicitly agreed in writing.
VI. Editing of Third-Party Material
If the client commissions the producer to edit or integrate third-party video, image or audio material, the client warrants that they possess all necessary rights.
The client shall indemnify and hold the producer harmless against all claims from third parties related to such material.
VII. Music, Stock Material and Third-Party Content
The producer may license music, stock footage, sound effects, graphics or other third-party content for the production.
Such content is subject to the respective licensing terms of the providers.
The client agrees to comply with these licensing terms and to use the material only within the agreed scope of usage.
Additional usage (e.g. extended media channels, territories, or duration) may require additional license fees.
License rights for music or stock material may be limited in time, territory or medium.
The producer shall not be liable for violations of license terms caused by unauthorized use by the client.
VIII. Revisions
Two rounds of revisions are included in the agreed production price if post production is done by the producer.
Additional revisions are billed based on actual time spent.
The smallest billable unit is 30 minutes.
IX. Acceptance
The client must review delivered material within 10 working days.
If no feedback is received within this period, the work shall be deemed accepted.
X. Fees and Payment Terms
Fees are based on the respective offer or agreed day rates.
A deposit of 30 percent of the agreed production fee is due upon project confirmation.
All invoices are payable within 14 days from the invoice date without deductions.
Additional expenses such as travel, equipment rental, crew, models or locations will be charged separately.
XI. Cancellation
If a confirmed production is cancelled by the client, the following cancellation fees apply:
up to 14 days before production: 30% of agreed production fee
up to 7 days before production: 50%
up to 48 hours before production: 80%
on the production day: 100%
Any external costs already incurred (crew, rentals, locations, talent etc.) must be reimbursed in full.
XII. Rescheduling
If a production is postponed rather than cancelled, only costs already incurred or non-cancellable costs will be invoiced. For a rescheduling to be valid, a new date must be agreed upon. Unless otherwise agreed in writing, a project may be rescheduled no more than twice.
XIII. Usage Rights
All copyrights remain with the producer.
Upon full payment, the client receives a non-exclusive license to use the delivered material within the agreed scope.
Editing, modification, or transfer to third parties requires the written consent of the producer unless explicitly agreed otherwise.
XIV. Raw Material and Project Files
Raw footage, project files, and production data are not part of the standard delivery.
Delivery of such materials can be arranged separately.
A full footage buyout is priced at an additional 50% of the agreed production fee unless otherwise agreed.
Even in the case of a buyout, copyright remains with the producer.
XV. Data Storage and Archiving
The producer guarantees storage of project data for at least 6 months after project completion.
Extended archival storage may be arranged for an additional fee.
XVI. Delivery Specifications
The delivery format, resolution, and technical specifications are defined in the production agreement or offer.
Unless otherwise agreed, delivery is provided via digital file transfer.
The producer is not responsible for compatibility with systems not specified in the agreement.
XVII. Client Content Responsibility
The client is responsible for the legality and accuracy of all information, claims, scripts, and marketing statements provided for the production.
The client shall indemnify the producer against any claims resulting from unlawful or misleading content supplied by the client.
XVIII. Drone Operations
If aerial footage is produced using drones, the producer will operate within applicable aviation regulations.
The producer cannot guarantee drone operation in restricted areas, adverse weather conditions or situations prohibited by law.
Any resulting delays or production changes do not constitute a breach of contract.
XIX. Liability
The producer is liable only for damages caused by intentional misconduct or gross negligence.
In cases of gross negligence, liability is limited to the total project value where legally permissible.
Liability for indirect damages, loss of profit, or consequential damages is excluded.
XX. Self-Promotion and Behind-the-Scenes
The producer may use produced material as well as behind-the-scenes content for portfolio, website, social media or professional competitions unless confidentiality agreements explicitly prohibit such use.
XXI. AI Usage
The produced material may not be used for training artificial intelligence systems or machine learning models without the explicit consent of the producer.
XXII. Final Provisions
Austrian law applies, excluding the UN Convention on Contracts for the International Sale of Goods.
The place of jurisdiction is Lienz, Austria, where legally permissible.