TERMS & CONDITIONS
GENERAL TERMS AND CONDITIONS (GTC)
This English translation is provided for information purposes only. In the event of any discrepancies, the German version shall prevail.
English translation dated: 27 October 2026
1. General Provisions and Scope of Application
1.1 These General Terms and Conditions (hereinafter "GTC") apply to contracts for services, work, management, consultancy, intermediary services and other services between Meis Media GmbH, Isestraße 93, 20149 Hamburg (hereinafter the "Service Provider"), and its clients. They apply to traders within the meaning of Section 14 of the German Civil Code (BGB) and to consumers within the meaning of Section 13 BGB, provided that they have been validly incorporated into the respective contract. Classification depends on the purpose of the specific contract, not solely on the client's legal form.
1.2 The Service Provider may engage suitable employees, freelancers, subcontractors and other external service providers to perform its tasks. However, core personal management services individually promised in artist or personality management shall not be transferred in their entirety to another manager or company without the consent of the client concerned. The Service Provider remains responsible for fulfilling its own contractual obligations in accordance with statutory provisions. Obligations relating to confidentiality, data protection and rights remain unaffected.
1.3 Individually agreed contractual terms take precedence over these GTC. In the event of any conflict, the special conditions in Section 12 applicable to the relevant service take precedence over the general provisions. Otherwise, these GTC apply in addition. The incorporation of the client's own terms and conditions is expressly rejected; such terms become part of the contract only where expressly agreed. Statutory rules governing conflicting sets of standard terms remain unaffected.
1.4 Where these GTC are made available in several languages, the German version shall, as a general rule, govern their interpretation unless otherwise individually agreed. Mandatory protective provisions remain unaffected.
1.5 These GTC apply only to the extent that they were validly incorporated when the relevant contract was concluded. The version agreed at that time is authoritative. Subsequent amendments apply to existing contracts only insofar as they have been validly agreed.
2. Subject Matter and Scope of Services
2.1 As individually agreed, the Service Provider offers services in particular in the areas of artist, celebrity and personality management; personal brand management; licensing and the brokering of brand partnerships; campaign management and production; event management; creative design; photography and image editing; and strategic consultancy and brand development. This list is not exhaustive. The subject matter of a contract consists exclusively of the services specified in that contract, an accepted quotation or an agreed description of services. For management, consultancy and other services, the obligation is to carry out the activities professionally, not to achieve any particular economic, commercial or media-related result, unless such a result has been expressly promised. In particular, no specific contractual agreements, revenues, reach, levels of recognition or career developments are guaranteed. Where a specific work or deliverable is owed, the agreed requirements regarding its characteristics and successful completion shall apply.
2.2 The nature, content, scope, deadlines and remuneration for services are governed by the respective agreements. Additional services and subsequent changes are not already covered by the remuneration originally agreed. The parties shall coordinate additional services, any additional fees and their effects on deadlines; in the absence of an appropriate agreement, there is generally no obligation to provide additional services free of charge. Individual agreements take precedence regardless of their form unless a particular form is required by law.
2.3 The Service Provider shall perform the services owed professionally and with the degree of care required in commercial dealings in view of the nature and scope of the respective service. Individually agreed performance requirements and statutory provisions remain authoritative.
2.4 The Service Provider acts as a legally and economically independent undertaking and organises the performance of its services on its own responsibility. Bindingly agreed dates, deadlines, performance requirements and coordination or approval procedures remain unaffected. Clause 1.2 applies additionally to personally promised management services.
3. Conclusion and Amendment of Contracts
3.1 Offers and cost estimates issued by the Service Provider are, as a general rule, subject to change and non-binding unless expressly designated as binding. A commission placed by the client on the basis of a non-binding offer constitutes an offer to conclude a contract; a contract is formed only when that offer is accepted by the Service Provider. Acceptance may take place by signature, confirmation in text form or unequivocal conduct directed towards the conclusion of the contract. Offers expressly designated as binding may be accepted within their respective acceptance periods.
3.2 Unless otherwise indicated, the terms of non-binding offers serve as a non-binding basis for calculation and negotiation for 30 days from the date of issue. This does not create an obligation for the Service Provider to contract on those terms during that period. Dates and capacity are deemed reserved only once a binding agreement to that effect has been made. After conclusion of the contract, the agreed terms apply, subject to valid amendments.
3.3 The client is responsible for the accuracy, completeness and timely provision of information and documents submitted by the client or third parties commissioned by the client. The Service Provider may generally rely on such information unless errors are obvious or particular statutory or contractual duties to examine or notify apply. Before accepting an offer, the client should check the recognisable underlying assumptions and service specifications and report any discrepancies identified without undue delay. The consequences of inaccurate information, in particular additional costs and delays, are governed by the agreements and the law.
3.4 Ancillary agreements, additions and amendments should be recorded in text form (Section 126b BGB) for documentation purposes, in particular by email, SMS or a storable text message via a messaging service. Text form requires the person making the declaration to be identifiable and the declaration to be reproducible without alteration on a durable medium. Mere negotiations, non-binding assessments and discussions of possible services do not, of themselves, create a contractual obligation. Individual agreements actually reached take precedence regardless of their form, unless a particular form is required by law.
4. Client's Duties to Cooperate
4.1 The client shall cooperate to the extent necessary and reasonable in view of the nature and content of the assignment. The client shall provide necessary information, materials and access in good time and make required decisions and grant approvals within reasonable periods.
4.2 The client warrants that the client holds the rights, licences and consents required for the contractual use, initiated by the client, of the content the client provides. This concerns, in particular, copyright, related rights, trade mark rights and personality rights. The client grants the Service Provider and duly engaged auxiliary persons the permissions to use such content that are necessary to perform the assignment, to the extent that the client is entitled to grant them. Any restrictions on use and known conflicting third-party rights must be disclosed. The Service Provider is required to carry out an independent comprehensive clearance of rights only insofar as this has been agreed or follows from statutory or other contractual obligations.
4.3 If necessary cooperation is missing or delayed, the Service Provider shall inform the client of the outstanding action and its foreseeable effects and, where required, set a reasonable additional period for performance. Affected performance deadlines shall be extended appropriately insofar as the delay is attributable to the lack of cooperation; revised dates shall be coordinated in accordance with available capacity. The Service Provider is not obliged to provide accelerated performance free of charge where this has not been agreed. Additional costs and losses recoverable by law, in particular for rescheduling, third-party services booked again or, where the relevant requirements are met, loss of profit, may be claimed. Statutory compensation claims, in particular under Section 642 BGB, and the respective termination rights remain unaffected; double recovery is excluded.
4.4 Where necessary, the client shall designate a contact person responsible for ongoing project delivery who has sufficient authority. Decisions and approvals by that person are attributable to the client to the extent of the authority actually held. Changes in responsibilities and material circumstances affecting performance of the contract must be communicated without undue delay. Designation alone does not confer authority to make material contractual amendments. Clause 4.3 applies accordingly to missing approvals.
5. Remuneration and Payment Terms
5.1 Remuneration is determined by the accepted offer or another individual agreement. Possible models include fixed fees, hourly or daily rates, retainers, management or intermediary commissions, and combinations of these models. Reasonable advance, initial or instalment payments may be required where validly agreed. If performance has validly been made conditional upon receipt of a due advance payment, the corresponding obligation to perform commences only upon receipt of that payment. Advance payments are credited against the amount due. Statutory rights to progress payments remain unaffected.
5.2 Payment schedules and billing periods are governed by the contract. In the absence of an agreement to the contrary, time-based or effort-based services may be invoiced monthly in arrears. Ongoing retainers are payable on the agreed dates; in the absence of such an agreement, statutory provisions apply. For works under a contract for work, remuneration is generally due upon acceptance of the work, subject to valid special arrangements. Progress payments permitted by law and separately agreed project phases may be invoiced. The respective individual agreements and applicable law govern management and intermediary commissions.
5.3 Unless another valid payment deadline has been agreed, invoice amounts that are due must be paid in full within 14 days after receipt of the invoice. Where payment deadlines are specified by calendar date or can be calculated by reference to a calendar date, default may arise without a reminder if the statutory conditions are met. In the event of default, statutory default interest applies (Section 288 BGB); for payment claims arising from legal transactions not involving a consumer, the rate is generally nine percentage points above the base rate, and where a consumer is involved, five percentage points above the base rate. Where the statutory conditions are met, a fixed amount of EUR 40 under Section 288(5) BGB may be claimed from non-consumers. Further legally recoverable costs of enforcing rights remain unaffected, subject to statutory rules on crediting amounts already recovered. In the event of late payment, further services may be withheld or suspended following prior notice only insofar as a right to refuse performance exists under the law or has been validly established by contract.
5.4 Agreed net prices for traders are exclusive of the applicable statutory value added tax. Prices quoted to consumers include the applicable statutory value added tax and other mandatory price components. Invoices are issued in accordance with the VAT requirements applicable at the relevant time; to the extent permitted, they may be transmitted electronically, for example as PDF documents or structured electronic invoices. The client shall provide accurate billing details required for this purpose and notify the Service Provider of any changes. Losses legally recoverable as a result of culpably incorrect information may be claimed; no flat-rate fee is charged for amending an invoice.
5.5 The client may set off claims of the Service Provider against counterclaims that are undisputed, finally adjudicated or ready for judicial determination. Counterclaims that are closely reciprocal to the principal claim, in particular claims concerning defects under the same contractual relationship, remain unaffected. Rights of retention based on claims arising from a different legal relationship are excluded to the extent permitted by law. Mandatory rights, in particular under Section 320 BGB, remain unaffected.
5.6 Where the client terminates a contract for work at will before completion, the consequences for remuneration are governed by Section 648 BGB unless another valid agreement has been reached. Under that provision, the Service Provider may demand the agreed remuneration after deduction of expenses saved and any other income that must be credited by law. For other types of contract, the respective statutory and validly agreed consequences of termination apply. For services tied to specific dates and capacities, the parties may agree separate cancellation or non-attendance provisions in the individual contract, provided they are legally permissible. Such provisions do not apply solely by virtue of these GTC. Statutory damages claims, including any recoverable loss of profit, remain available where the relevant requirements are met; double recovery is excluded. Mandatory consumer rights and termination rights remain unaffected.
5.7 The Service Provider may set new prices and fee rates for future assignments that have not yet been agreed. Bindingly agreed fees remain unaffected. Adjustments within existing contracts require a valid agreement or a statutory basis. Separate permissible price adjustment mechanisms may be agreed for longer-term contracts.
6. Liability, Force Majeure and Indemnification
6.1 The following provisions apply to the Service Provider's liability arising from contractual or statutory obligations to the extent permitted by law. The content of the services owed is determined by the agreements reached and Section 2.
6.2 The Service Provider has unlimited liability for intent and gross negligence on its own part and on the part of its legal representatives and persons engaged to perform its obligations. The same applies to damage resulting from injury to life, body or health caused by an intentional or negligent breach of duty. In cases of ordinary negligence, the Service Provider is liable for breach of material contractual obligations only up to the amount of the loss typical of the contract and foreseeable when the contract was concluded. Material contractual obligations are those whose performance is essential to the proper execution of the contract and on whose observance the client may generally rely. In all other respects, liability for ordinary negligence is excluded to the extent permitted by law. Liability arising from guarantees expressly assumed, under the German Product Liability Act or under other mandatory statutory provisions remains unaffected.
6.3 Where liability for an ordinarily negligent breach of material contractual obligations is limited under Clause 6.2, indirect losses, consequential losses or loss of profit are recoverable only to the extent that they were typical of the contract and foreseeable when the contract was concluded. Cases of unlimited liability under Clause 6.2 remain unaffected.
6.4 Force majeure means extraordinary events outside the control of the party concerned which were unforeseeable when the contract was concluded and could not be avoided despite reasonable care, and which render performance impossible or substantially impede it. These may include, in particular, natural disasters, acts of war, epidemics, pandemics and government prohibitions, provided the requirements are met in the individual case. The affected party shall inform the other party without undue delay, insofar as this is possible and reasonable. Responsibility for delays and failures occurring without fault is governed by law. In the event of temporary impediments, the parties shall consider reasonable adjustments to dates or performance. In cases of permanent impossibility or disturbance of the basis of the transaction, Sections 275, 313 and 326 BGB apply in particular. Remuneration, reimbursement of expenses, refunds and termination rights are governed by the respective agreements and statutory provisions. Mere commercial unattractiveness does not of itself constitute force majeure.
6.5 The client shall indemnify the Service Provider against justified third-party claims insofar as they arise from a breach of the client's contractual obligations for which the client is responsible, in particular where insufficient rights or consents have been obtained for content supplied. The indemnity covers necessary and reasonable costs of legal defence insofar as these are recoverable under the statutory requirements. The costs of defending unfounded third-party claims may also be recoverable insofar as they were caused by a breach of duty for which the client is responsible. The Service Provider shall inform the client of the claim insofar as possible and reasonable and allow appropriate involvement in its handling. There is no indemnification for breaches of duty for which the Service Provider itself is responsible; where responsibility is shared, statutory provisions apply.
6.6 Where the Service Provider uses external service providers to fulfil its own contractual obligations, its statutory responsibility, including any valid limitations of liability, remains in place. Where, by contrast, the Service Provider merely brokers an independent contract between the client and a third party, it generally does not owe performance of the service owed by that third party. The Service Provider's own duties concerning selection, advice, notification and coordination remain unaffected. The relevant role should be evident from the offer or contract.
6.7 The client should retain appropriate backup copies of original files supplied to the Service Provider, insofar as this is reasonable for the client. The Service Provider shall take appropriate backup measures for data within its sphere of responsibility. Liability for data loss is governed by Clauses 6.2 and 6.3; any contributory negligence arising from a failure to perform reasonable backups shall be taken into account under Section 254 BGB. Permanent archiving or renewed provision of project data owed or created is required only insofar as it has been agreed or is required by law. Data protection obligations remain unaffected.
6.8 The client shall inform the Service Provider of any damage identified or specific circumstances giving rise to damage without undue delay, insofar as this is possible and reasonable, and shall cooperate in reasonably mitigating damage. Notice may be given in text form, in particular by email, SMS or a storable text message via a messaging service; in urgent cases, additional telephone notification may be appropriate. A failure to take reasonable measures to mitigate damage may be taken into account under Section 254 BGB. Late notification does not automatically result in the loss of statutory claims.
7. Copyright and Rights of Use
7.1 Copyright and related rights belong to their respective holders under the law. The Service Provider grants the client only those rights of use that the Service Provider itself is entitled to grant. The nature of the rights of use, their substantive, geographical and temporal scope, and any exclusivity are determined by the respective agreement. In the absence of an express provision, non-exclusive rights of use necessary for the contractual purpose are granted.
7.2 Where rights are granted in results created by the Service Provider, this does not, without a separate agreement, include any assignment of copyright, exclusive use, delivery of editable project files or raw recordings, or the granting of sublicences beyond the purpose of use envisaged by the contract. Necessary involvement of printers, media partners, exploitation entities or other service providers for contractual use shall be accommodated to the extent required.
7.3 Where validly agreed and legally permissible, the grant of the rights of use provided for in the contract is conditional upon full payment of the remuneration due for the respective service. The client's mandatory rights and legitimate rights of retention remain unaffected.
7.4 The use of client logos, project content, names, likenesses or other materials as references on the website, on social media or in presentations requires sufficient contractual entitlement or the necessary separate approvals and rights. Confidential projects shall not be published without the relevant permission. Rights of third parties involved remain unaffected.
7.5 Content provided by the client may be used exclusively within the scope of the permissions granted by the client. Rights and licence conditions of external providers of images, music, fonts, software or other materials remain authoritative. Any further uses may require separate licences.
7.6 Subsequent modification of work results, transfer to third parties or sublicensing is permitted insofar as it has been contractually agreed, is covered by the granted purpose of use or is permitted by law. Otherwise, the necessary consent of the rights holders is required.
7.7 In the event of material breaches of duty, in particular substantial default in payment, statutory and validly agreed rights to terminate or restrict permissions to use may be exercised. Rights already granted validly and irrevocably shall not thereby be withdrawn without a legal basis.
7.8 Unauthorised uses may be pursued in accordance with statutory provisions. Where attribution of authorship is required by law or agreement, it shall be provided in an appropriate form, taking account of the respective medium and the legitimate rights of the authors.
8. Acceptance, Remedies for Defects and Revisions
8.1 Where the agreed service constitutes work capable of acceptance under a contract for work, the statutory provisions governing acceptance apply, in particular Section 640 BGB. Upon completion, the Service Provider may request acceptance, setting a reasonable period for that purpose. The statutory consequences of failing to accept, or refusing acceptance without specifying at least one defect, arise only where the statutory requirements are met; in dealings with consumers, the legally prescribed notice in text form is required in particular.
8.2 The client should notify the Service Provider of any identifiable deviations from agreed characteristics as specifically and promptly as possible to allow appropriate examination and, where applicable, rectification. Statutory remedies for defects do not automatically lapse merely because notice is given late. Statutory consequences of acceptance despite knowledge of a defect remain unaffected.
8.3 For work performed under contracts for work, statutory remedies for defects apply, including subsequent performance and, where the relevant conditions are met, remedy of defects by the client itself, price reduction, rescission and damages. Statutory limitation periods apply.
8.4 Creative requests for changes that do not serve to remedy a defect must be distinguished from statutory remedies for defects. The number and scope of revision rounds included are governed by the relevant offer and the special conditions applicable to the services. Additional revisions separately agreed may be charged for.
8.5 In the case of purely service-based and consultancy services, these GTC do not of themselves establish an acceptance procedure under the law governing contracts for work. Consequences of breaches of duty and liability are governed by the applicable law of contract. Where third-party services are merely brokered, claims against the respective contractual counterparty arise from the contracts concluded with that party; the Service Provider's own responsibility remains unaffected.
9. Contract Term and Termination
9.1 Commencement, duration, ordinary termination and any agreed notice periods are determined by the respective contract. In the absence of a valid special agreement, statutory provisions apply. These GTC do not provide for automatic renewal for twelve months.
9.2 The right to terminate for good cause and other statutory termination rights remain in effect. Where the statutory requirements are met, this includes, in particular, Sections 314, 627, 648 and 648a BGB. Personal relationships of trust in management may be subject to special termination rights, which are not excluded by these GTC.
9.3 Termination notices should be given in text form for better documentation, for example by email or a storable text message via a messaging service. Forms prescribed by law and mandatory rights remain unaffected; no stricter form than legally permissible is required.
9.4 Following termination of the contract, remuneration owed up to that point and any claims arising on termination under statute or valid contractual agreement must be settled. Advance payments shall be credited against those amounts; any refunds required by law shall be made. Special provisions on intermediary or management commissions that have been validly agreed remain authoritative. There is no blanket exclusion of all refunds.
9.5 Following termination of the contract, documents and access credentials provided by the other contracting party must, upon an appropriate request, be returned or, insofar as legally permissible, deleted. Statutory retention obligations, legitimate documentation interests, licence terms and data protection obligations remain unaffected. Handover or ongoing support services may be separately agreed and remunerated.
10. Confidentiality and Data Protection
10.1 Both parties shall treat confidential business and personal information to which they gain access in connection with the assignment as confidential and shall use it only insofar as necessary to perform the contract or otherwise authorised. This obligation continues after termination of the contract for as long as there is a legitimate interest in maintaining confidentiality. Disclosure to necessary employees, advisers or service providers who are subject to corresponding obligations remains permissible.
10.2 Information is not confidential if it is or becomes publicly known without a breach of duty, was already lawfully known to a party, or was obtained from an authorised third party who was not under an obligation of confidentiality. Disclosures required by law remain permissible; where permitted and reasonable, the party concerned shall be informed in advance.
10.3 Confidential documents shall be returned or deleted following termination of the contract upon a legitimate request, unless statutory retention obligations, interests in legal defence or other legitimate reasons for retention prevent this.
10.4 Both parties shall comply with the data protection obligations applicable to them. Where a data processing agreement pursuant to Article 28 GDPR is required for a particular processing activity, the parties shall conclude such an agreement separately. The privacy information on the website and the respective applicable statutory information obligations remain unaffected.
11. Final Provisions
11.1 German law applies, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG), insofar as that Convention could apply at all. For consumers habitually resident in another country, mandatory consumer protection provisions which continue to apply under the applicable rules of private international law despite the choice of law remain unaffected.
11.2 If a provision of these GTC is wholly or partly invalid, the remaining provisions remain effective. The statutory rules apply in place of the invalid provision; no automatic reduction of an invalid term to the maximum legally permissible extent is agreed.
11.3 If the client is a merchant (Kaufmann), a legal person under public law or a special fund under public law, Hamburg is the place of jurisdiction to the extent that such an agreement is permitted by law. Mandatory statutory rules on jurisdiction, in particular those protecting consumers, remain unaffected.
11.4 The Service Provider may provide new versions of these GTC for future contracts. Existing contractual relationships are not thereby amended without a valid agreement. The client's silence does not, merely by virtue of these GTC, constitute agreement to a contractual amendment.
12. Special Conditions for Individual Service Areas
12.1 Campaign Management and Campaign Production
12.1.1 The specific scope of services, deliverable formats, items to be delivered, approvals, dates and any production budget are determined by the individual contract or offer.
12.1.2 Unless otherwise agreed in the relevant offer, one round of revisions to the agreed work results is included where post-production has been commissioned. Further edits or edits involving new content require an additional agreement. Statutory remedies for defects remain unaffected.
12.1.3 Where a daily rate has been agreed, a production day generally comprises eight working hours unless otherwise agreed. Additional hours are charged only if they have been commissioned or are necessary and subject to remuneration under the agreements. A net hourly rate of EUR 150 per additional hour applies only if agreed in the relevant offer and, for consumers, the correct total price including VAT has been stated.
12.1.4 Agreed cost limits and approval thresholds must be observed. Transfers of expenditure between individual budget items are permissible only insofar as they do not alter the agreed overall scope and material service content without the client's consent. Changes to the scope of services and budget-relevant additional costs shall be coordinated before they are incurred, unless special statutory circumstances apply.
12.1.5 Where work requiring acceptance is owed, the provisions of Section 8 apply. Final files shall be delivered in the agreed formats; raw and editable production files are handed over separately only by agreement.
12.1.6 Rights of use are governed by Section 7 and the respective purpose of use. Third-party rights, for example in music, image material, talent, locations or advertising materials, must be cleared to the extent required; responsibilities shall be specified in the offer or contract.
12.1.7 Where expressly provided in the assignment or a separate archiving offer, the Service Provider shall archive the specifically identified campaign data delivered for twelve months from handover. Without such a commitment, there is no obligation to archive beyond statutory requirements. Subsequent provision of the data again may be subject to a separate fee, provided that the data remain available.
12.1.8 Use as a reference is permitted exclusively in accordance with Clause 7.4. No specific advertising, sales or reach results are owed unless expressly agreed.
12.2 Event Management
12.2.1 The type, programme, scope of services, responsibilities and dates of an event shall be individually agreed. In particular, it shall be determined whether the Service Provider acts as the event organiser in its own name or solely as a planning or coordinating service provider.
12.2.2 The client shall communicate in good time all relevant requirements, permit requirements, special content, access arrangements, security requirements and particular circumstances concerning guests or the event venue. Responsibility for permits, insurance, security plans, music rights, the protection of minors and food hygiene is determined by the contract and the statutory obligations of the respective responsible party.
12.2.3 Short-notice changes to the programme, technical arrangements, equipment or personnel require coordination. Additional costs caused thereby and recoverable by statute or contract may be charged; the Service Provider's own responsibilities remain unaffected.
12.2.4 The client shall ensure that premises, facilities and items made available by the client are in a condition suitable and safe for their agreed use. Requirements for set-up, dismantling, fire safety and clearance shall be specified for each project. A fixed two-hour deadline for removing items applies only where a corresponding valid agreement has been made.
12.2.5 The client is liable for damage caused by guests and other third parties only in accordance with statutory provisions or a separate valid assumption of risk. Any required public liability insurance for the event shall be agreed in the individual contract insofar as it is appropriate to the nature and size of the event.
12.2.6 In the event of cancellation or postponement, Sections 5.6, 6.4 and 9, together with any separately and validly agreed project-specific provisions, apply. Force majeure does not automatically give rise to a flat-rate cancellation fee.
12.3 Creative Design
12.3.1 Design services may include brand identities, corporate design, advertising materials and digital and print designs. The results owed and the relevant specifications are determined by the project brief and the agreed description of services.
12.3.2 The client shall provide the necessary content and information. The scope for creative design is determined by the brief, coordination between the parties and contractually agreed requirements; statutory remedies for defects remain unaffected.
12.3.3 Unless otherwise agreed in the offer, two rounds of revisions within the original brief are included where a final design has been commissioned. A fundamental change of direction or additional design items are not included. Remuneration for these shall be agreed separately. Rectification of defects owed by law shall not be treated as a chargeable revision round.
12.3.4 Copyright and rights of use, editable source files, the permissibility of modifications and use as references are governed by Section 7 and the individual contract. Searches for existing intellectual property rights, checks of registrability and any warranty that a mark can be registered are owed only where separately agreed.
12.3.5 Print approvals and production specifications shall be coordinated between the parties. Defective performance for which the Service Provider is responsible does not automatically become exempt from liability merely because the client has granted approval.
12.4 Photography and Image Editing
12.4.1 The nature, subject matter, scope, selection, editing, delivery format, dates and purpose of use of photographs shall be individually agreed. The Service Provider shall carry out image selection and editing in accordance with the agreed concept.
12.4.2 Unedited RAW files, contact sheets, editable processing files and unselected images are not included in the deliverables unless expressly agreed.
12.4.3 Rights in photographs remain with the respective rights holders under the law; rights of use are granted in accordance with Section 7. Necessary rights and consents of persons depicted and permissions for locations and props must be obtained in accordance with the allocation of responsibilities agreed in the contract.
12.4.4 Additional subjects, retouching, changes of dates or other edits beyond the assignment must be separately agreed. Statutory remedies for defects remain unaffected.
12.4.5 Use as a reference is permitted only within the scope of Clause 7.4. Colour and print deviations shall be assessed in accordance with the agreed technical specifications and statutory allocation of responsibility.
12.5 Licensing, Intermediary Services and Brand Partnerships
12.5.1 The Service Provider may identify and introduce contacts with artists, personalities, brands or other partners, initiate collaborations, coordinate discussions and assist with negotiations. Its specific role is determined by the individual contract.
12.5.2 Where only intermediary services or the identification of an opportunity are owed, the Service Provider does not thereby become a party to the collaboration it has facilitated. Without corresponding authority, it has no power to conclude legally binding contracts on behalf of an artist or client.
12.5.3 The nature, duration, territory, media and remuneration of licences and advertising rights are determined by the respective agreements between the contractually entitled parties. Necessary personality, image, trade mark and other rights must be cleared to the extent owed in each case.
12.5.4 No guarantee is given as to the availability of a partner or the conclusion of a contract unless a corresponding result is expressly owed.
12.5.5 Whether remuneration is payable for consultancy, initiation or negotiation services independently of the conclusion of a contract, or whether a success-based intermediary commission is owed, is governed by the valid individual agreement and the legal nature of the assignment. Statutory requirements for a broker's commission, in particular Section 652 BGB, remain unaffected.
12.5.6 The client shall treat non-public information about contacts introduced and negotiations as confidential. The allocation of responsibility under Clause 6.6 applies to independent contracts between third parties.
12.6 Strategic Consultancy and Brand Development
12.6.1 Consultancy services may include brand and positioning strategies, analyses, concept development, communications consultancy and branding guidelines. Their scope, the basis for decision-making and any work results are determined by the individual contract.
12.6.2 Consultancy is provided on the basis of information supplied by the client and the agreed depth of investigation and review. Implementation of business decisions generally remains the client's responsibility unless otherwise agreed.
12.6.3 No particular economic or communications-related result is guaranteed. Professional performance of the agreed consultancy and statutory and contractual obligations remain unaffected.
12.6.4 Rights of use in contractually owed concepts, documents and design results are governed by Section 7. Clause 1.2 and Section 6 apply where partner companies are involved.
12.7 Artist, Celebrity and Personality Management
12.7.1 The Service Provider may, in particular, provide strategic career planning, positioning, coordination of enquiries, brand and licensing partnerships, project development, support in negotiations, communications planning and ongoing management support. The specific scope of duties is determined exclusively by the respective management contract.
12.7.2 The scope and degree of any exclusivity, markets or business areas covered, decision-making and approval procedures, and personal management arrangements shall be individually agreed. These GTC establish neither a general exclusivity obligation nor a general non-compete restriction.
12.7.3 The Service Provider may act with legally binding effect in the client's name only if, and to the extent that, valid corresponding authority has been granted. Material decisions concerning acceptance or rejection of offers, use of personality rights and contractual commitments remain with the person entitled to decide, unless express authority or another valid agreement provides otherwise.
12.7.4 The client shall disclose existing commitments, exclusivity obligations, third-party rights and other circumstances material to the projects being managed, and shall cooperate in required decisions. The Service Provider shall protect the client's interests as contractually owed; recognisable material conflicts of interest must be disclosed and dealt with appropriately to the extent required.
12.7.5 The nature and basis of calculation of management commissions, retainers, reimbursement of expenses and any post-contractual remuneration claims shall be agreed individually. These GTC do not establish any blanket commission on all the client's income or any automatic trailing commission following termination of the contract.
12.7.6 No particular career development, degree of recognition, revenue or intermediary result is promised. Statutory termination rights, in particular any right applicable in an individual case under Section 627 BGB, remain unaffected. Termination and winding up of the management engagement are governed by the management contract and the law.
12.8 Personal Brand Management
12.8.1 Personal brand management may include, in particular, strategic positioning of an individual, topic and communications strategy, development of media visibility, brand architecture, collaboration strategy and accompanying project coordination. The scope and services are individually agreed.
12.8.2 The client retains control over their personality rights and over approvals reserved to their decision under the contract. Commissioning the Service Provider does not, of itself, create authority to represent the client in legal transactions or an exclusive right to market the client.
12.8.3 Remuneration, required cooperation, rights of use, confidentiality and liability are determined by the general provisions and the specific contract. No particular public or economic success is guaranteed unless expressly agreed.
13. Special Information for Consumers
13.1 Where the client is a consumer, all mandatory statutory consumer protection provisions apply. This includes, in particular, pre-contractual information, price transparency, rights of withdrawal and statutory requirements concerning clauses on liability, payment, acceptance and termination of contracts.
13.2 In the case of distance contracts or contracts concluded away from business premises, separate information on the right of withdrawal, including a model withdrawal form, shall be provided before conclusion of the contract where required by law. Whether a right of withdrawal exists is determined by the statutory requirements; statutory exceptions, for example for certain leisure services tied to specific dates, remain unaffected. These GTC do not replace any required information on the right of withdrawal.
13.3 Performance of services before expiry of a statutory withdrawal period shall take place in accordance with statutory requirements. Any expiry of the right of withdrawal or entitlement to compensation for value provided is governed exclusively by the statutory requirements and the necessary declarations by the consumer.
13.4 Where contracts are offered and concluded with consumers directly through a website, any statutory requirements concerning ordering, cancellation or withdrawal functions must be implemented separately. A mere enquiry via a contact form does not necessarily constitute the conclusion of an online contract.
13.5 – Consumer dispute resolution: Meis Media GmbH is neither obliged nor willing to participate in dispute resolution proceedings before a consumer dispute resolution body. Any mandatory statutory obligation applicable in an individual case remains unaffected. The information obligations under Section 37 of the German Consumer Dispute Resolution Act (VSBG) in the event of an unresolved consumer dispute remain unaffected.