LEGAL/GTCIMPRINT
Legal Disclosure/Imprint
VOID STUDIOS (VIMG) part of RM LLC
Krausnickstr. 8, 10115 Berlin
Germany
Contact Information
E-Mail: legal@void.berlin
Internet address: www.voidstudios.tv
– Please contact us if you require a German version of these General Terms and Conditions (Allgemeine Geschäftsbedingungen) –
1. Disclaimer
1.1. Accountability for content
The contents of our pages have been created with the utmost care. However, we cannot guarantee the contents’ accuracy, completeness or topicality. According to statutory provisions, we are furthermore responsible for our own content on these web pages. In this matter, please note that we are not obliged to monitor the transmitted or saved information of third parties, or investigate circumstances pointing to illegal activity. Our obligations to remove or block the use of information under generally applicable laws remain unaffected.
1.2 Accountability for links
Responsibility for the content of external links (to web pages of third parties) lies solely with the operators of the linked pages. No violations were evident to us at the time of linking. Should any legal infringement become known to us, we will remove the respective link immediately.
1.3 Copyright
Our web pages and their contents are subject to copyright law. Unless expressly permitted by law, every form of utilizing, reproducing or processing works subject to copyright protection on our web pages requires the prior consent of the respective owner of the rights. Individual reproductions of a work are only allowed for private use. The materials from these pages are copyrighted and any unauthorized use may violate copyright laws.
The copyrights for all content used on this website remain irrevocably with the respective authors and rights holders. VOID does not claim any ownership or copyright to third-party content. All videos and visual content are used for illustrative and demonstrative purposes only, to showcase the type and quality of productions VOID offers.
Where applicable, content is used with permission or under fair use principles for professional reference. If any rights holder believes their content has been used inappropriately, please contact us, and we will take immediate action.
Copyrights including but not limited to by Z.Watson, J.Hammond, J.Hornehoj, M.Muench, S.Kolder, C.Martin, T.Zuch, D.Zamut, V.Urban, C.Krüger, M.Neumeier, R.Maeter, K.Franciscus, Beautiful Destinations, A.Lefrene, B.Verdura, L.Armstrong, T.Jauncey, R.Morales, Nike, Netflix, Porsche, Anantara, Minor International, Minor Hotel, Marriott International, The Ritz-Carlton Hotels, W Hotels, St.Regis Hotels, BULGARI Resorts & Hotels, JW Marriott, Sheraton, Lufthansa, Etihad Airways, Mandarin Oriental Hotel Group.
If the content should be deleted, please simply send an e-mail to delete@voidstudios.tv
General Business Terms
VOID (VIMG) refers in these General Terms and Conditions to “we,” the agency, the contractor, VOID STUDIOS, VOID, VOID Media Group, and all similar terms.
The customer is referred to here as the client, customer, or similar terms.
I. General
The following GTC shall apply to all orders, offers, deliveries, events, and services placed with VOID. They shall be deemed to have been agreed unless they are objected to immediately after the offer has been sent. Any deviating terms and conditions of business of the Customer are hereby objected to. Any deviating terms and conditions of business of the Customer shall not become valid unless VOID acknowledges them in writing.
By placing an order, the Customer makes a binding offer to VOID to conclude the contract with it. Offers previously made by VOID are subject to change.
The contract is concluded upon verbal or written confirmation of the order (email is sufficient), or alternatively upon agreement to the scope of work and estimated costs. The contract is deemed to have been concluded at the latest upon receipt of the first payment.
All services of VOID shall be provided exclusively on the basis of the following General Terms and Conditions (hereinafter referred to as “GTC”) in the version applicable at the time of the order.
VOID is entitled to make changes to the GTC at any time, provided that the customer agrees to the change.
The customer’s consent shall be deemed to have been given if he does not object within four weeks of receiving the invoice or the contract with reference to the GTC, which must indicate the consequences of silence.
The cost estimates provided by VOID are non-binding and intended solely as indicative approximations of the expected expenses. They do not constitute a binding offer, nor do they imply any guarantee of completeness or final accuracy. The actual costs will be invoiced to the client during the course of the project or, at the latest, upon its completion. Any discrepancies or adjustments will either be reimbursed by VOID to the client or shall be payable by the client to VOID within ten business days following proper invoicing.
VOID sees itself as an independent producer, agency, and consultant and is not bound by the client’s instructions in terms of the design, content, or creativity of the projects and/or productions. VOID will carry out the projects and productions to the best of its knowledge and belief. No guarantee is given.
The coordination of content and design between VOID and the client forms the basis for the projects and productions. If external factors such as time, weather, availability, other circumstances, or factors beyond VOID’s control restrict, hinder, or even prevent the production/project, VOID cannot be held liable.
The foundation for each production/project is the vision, story, and mood boards, as well as the correspondence agreed upon by both parties in advance of production. Any changes to the scope, design, content, or strategy that are subsequently requested or changed are not binding on VOID. This also applies to, but is not limited to, changes to the creative brief, the scope or the type of service to be provided.
“Images” within the meaning of these GTC shall in particular mean all products produced by VOID, irrespective of the technical form or medium in which they were created or are available. (Examples: Negatives, slide positives, paper images, digital images/still pictures, prints, canvas, posters, etc.).
“Videos” within the meaning of these GTC are all moving images produced by VOID in the broadest sense, regardless of their technical form. This includes moving images such as videos, video excerpts, still videos, animations, still images from videos, etc.
Also covered by the GTC are all orders that involve digital processing, changes, modifications of images or videos or the granting of image/video licenses. These terms and conditions shall also apply if changes or modifications are commissioned subsequently (in the sense of an ongoing business relationship).
II. Copyright
VOID holds the copyright to the images and videos in accordance with copyright law.
The images and videos created by VOID are intended solely for the customer’s own use and for the specific purpose of the customer’s respective production/project. The images and finished videos may only be used to the extent agreed between VOID and the customer.
VOID shall provide the customer with the confirmed and approved content and creative assets for this purpose.
The raw material/footage of the films and images (as well as their delivery) are expressly not part of the project. Only the final films and images will be delivered. If the customer wishes to receive the raw material, a new buyout fee is required. This varies from project to project and must be negotiated separately. When VOID transfers rights of use to its works, only the simple right of use is transferred, unless expressly agreed otherwise. However, the transfer of images or videos does not constitute a transfer of ownership rights. A transfer of rights of use, in particular to third parties, requires a special agreement. This applies in particular to other group companies or subsidiaries.
The agreed rights of use, both internal and external, shall only be transferred to the client upon full payment of the remuneration to VOID (after delivery of first final assets). This applies in particular, but not exclusively, to posts on social media, use on websites, presentations at external events, and the disclosure of preliminary versions to other persons, third-party clients, or partners of the customer. Should the Client wish to use any images, videos, or other intellectual property or copyrighted material owned by VOID prior to full payment, the Client must obtain explicit permission from VOID (confirmation by email is sufficient). The final decision lies solely with VOID, and VOID reserves the right to decline such a request at its sole discretion. Should the client use the material (images, cutdowns, screenshots, videos, or similar) unlawfully, VOID shall be entitled to impose a compensation for use in the amount of US$100,000 (in words: one hundred thousand US dollars) and to take legal action. Unless otherwise agreed, VOID may demand that it be named as the author when the images are used. Any violation of the right to a name entitles VOID to compensation. Only after full payment has been received will VOID issue written approval for the transfer of the agreed rights of use to the client.
Any use, exploitation, reproduction, distribution, or publication is subject to a fee and requires the prior express consent of VOID, unless otherwise agreed. This applies in particular to any reuse or republication, publication on the Internet and in “social media” (such as facebook.com; linkedin.com; pinterest.com; vimeo.com; instagram.com, including their subdomains and links), in particular in product brochures, advertising measures or other reprints, any editing, modification or redesign of the image or video material. Changes to the image or video material by means of montage, composition or electronic aids to create a new copyright-protected work are only permitted with the prior written consent of VOID. The image or video material may also not be copied, reproduced or used as a motif in any other way. VOID transfers the image and usage rights only to the final edits and final versions. The rights to the raw material / footage remain entirely with VOID and the respective authors, DOPs, cameramen, or other creators. VOID reserves the right to commercially exploit the raw material. This does not apply to scenes that are directly related to the client/customer. VOID will ensure that no logos, trademarks, or other infringements of the client/customer’s rights occur.
Regardless of the scope of the rights of use granted in individual cases, VOID remains the unrestricted copyright holder of all film and sound recordings as well as images created within the scope of the production in terms of time, location, and content, and is entitled to use these without restriction for its own advertising purposes, e.g., in showreels, on its own website, online or on social media channels, even if trademarks, work titles, company logos or other protected elements/signs of the client are recognizable in this context.
If concepts, creations, idea sketches, layouts, content, or other intellectual property are demonstrably used, processed, or utilized in a similar manner without the consent of VOID, a contractual penalty of US$200,000 (in words: two hundred thousand US dollars) shall be payable immediately and without deduction. This also applies to competitions, pitches, or other tenders.
III. fee, expenses
For the production of the picture or video material or further services, a fee will be charged as hourly rate, daily rate or agreed lump sum plus the legal value-added tax; possible additional expenses (travel expenses, studio rents, speaker/actor fees, expenses, props, material costs, etc.) will be shown separately and have to be paid by the Customer. VOID shall show the final prices including value-added tax to end consumers. (not applicable for international payment transactions)
Unless expressly agreed otherwise in writing, 50% of the order volume is due immediately and without deduction upon placement of the order. The amount must be credited to VOID’s business account no later than 2 weeks before the start of production. Otherwise, VOID reserves the right to postpone or cancel production. A further 30% shall be payable upon completion of production/creation. The remaining amount plus any expenses, costs, etc. shall be payable upon delivery of the first final content assets. After 2 weeks, a late payment fee of 1% shall be payable. After 4 weeks, 2% of the invoice amount will be due as a late fee; after 6 weeks, 5%; and after 8 weeks, 10%. Should further costs arise for additional correction loops (beyond those agreed) or additional work, expenses due to rework, these will be invoiced separately.
In principle a non-refundable “set-up and conception fee” of US$10,000 shall be payable for each project. This applies equally to pre-contractual concepts creative ideas consulting services or similar contributions — including cases where the project is ultimately not implemented or no final contract is concluded. If a project is awarded and a final contract is signed this fee may be offset against the agreed project costs.
Only after full payment will the rights of use be transferred to the client as agreed. Prior to this, the rights of use remain exclusively with VOID. Should the client use the videos unlawfully, VOID reserves the right to take legal action and has the right to charge a compensation for use in the amount of US$100,000 (in words: one hundred thousand US dollars) for the unlawful use.
If a project is withdrawn during the project initiation or project award phase, even though VOID has already worked on this project and incurred expenses, including (but not limited to) strategy, mock-ups, concepts, mood & storyboards, previews, or similar, VOID reserves the right to charge a flat fee of US$10,000 (in words: ten thousand US dollars) for this preliminary work.
If an hourly fee has been agreed, VOID shall receive the agreed hourly rate if the recording work is extended. If, in the case of an agreed flat fee, the agreed time for the recording work is significantly exceeded (by more than 15%), the additional expenses shall be remunerated on the basis of the agreed flat fee. This includes, but is not limited to, changes to the creative briefing, the scope, or the content area in which work is to be carried out.
Due invoices are to be paid immediately without deduction. The client shall be in default if he does not settle due invoices within 14 (in words: fourteen) days after receipt of an invoice or equivalent request for payment. All projects/videos/creatives delivered shall remain the property of VOID until payment has been made in full – If payments (partial, advance, partial, final invoices, etc.) are not made on time, VOID shall be entitled, without any deductions, to scale back or discontinue work on current projects. Here we refer separately to paragraph II, Copyright from these GTC. (All rights of use, whether internal or external, shall not pass to the Customer until the fee has been paid in full to VOID (this shall also include, but not be limited to, partial, advance, partial and final invoices). This shall also apply, in particular, to the forwarding of preview versions to any other customers or clients. )
If VOID has not received any explicit written instructions from the client regarding the design of the image/video material prior to production/shooting, complaints regarding the image design and the artistic/technical design are excluded. If the customer requests changes during or after the production of the recording, they shall bear the additional costs. VOID reserves the right to remuneration for work already commenced. The remuneration shall also be paid in full if the commissioned and delivered image/video material is not published, accepted, or used for the intended purpose. Offsetting or exercising a right of retention is only permitted with undisputed or legally established claims of the customer. The transfer of rights of use is subject to the condition that the customer has fulfilled all remuneration claims of VOID in full.
In addition to the fee, in the case of the production of physical products such as print media in the broadest sense, including posters, flyers and stickers, all types of advertising material, merchandise or sound recording products, it is agreed that three specimen copies shall be sent.
If the time allotted for the execution of the order is substantially exceeded for reasons for which VOID is not responsible, the fee shall be increased accordingly, provided that a lump-sum fee was agreed. If a time fee has been agreed, VOID shall also receive the agreed hourly or daily rate for the waiting time, unless the Customer proves that VOID has not incurred any damage. In the event of intent or negligence on the part of the Customer, VOID may also assert claims for damages.
If an appointment has been agreed and if this appointment is canceled for reasons for which VOID is not responsible, VOID shall be entitled to invoice the scheduled time or the flat fee, if such has been agreed.
VOID is entitled to retain fees already paid or overpaid in the event of outstanding claims against the customer or to use them as compensation for missed payments.
In the event of cancellation/cancellation of an order (alternatively a released offer) by the customer, a cancellation fee shall be due on a staggered basis as follows:
– up to 10 days before the order date 50% net of the fee
– up to 3 days before the order date 70% net of the fee
– up to 48 hours before the order date 100% net of the fee
The following provisions apply to travel expenses: Production will make travel arrangements for all team members. For each day of travel, 50% of the agreed daily rate per person is payable. Travel expenses are covered 100% by the customer. For appointments requested by the customer on site, such as workshops, sightseeing, etc., a flat rate of US$500.00 per day/per person will be charged. Accommodation shall be in at least 4-star hotels (or equivalent). For air travel, an economy ticket shall be used for flights of up to 3 hours. For flights of 3 hours or more, the customer shall pay for business class tickets. For rail travel, 1st class tickets shall be used. If traveling by rental car, the customer shall bear the entire cost, including fuel and insurance (comprehensive cover). If you arrive with your own vehicle, a flat rate of US$0.50 per kilometer will be charged. Any additional travel costs will be considered external services and charged to the customer. A daily flat rate of US$100.00 per person involved in production will be charged for meals.
IV. Data protection
VOID shall be liable for itself and its vicarious agents only in the event of intent and gross negligence for the breach of obligations that are not directly related to essential contractual obligations. Furthermore, it shall be liable for damages resulting from injury to life, body or health as well as from the breach of material contractual obligations caused by it or its vicarious agents through culpable breach of duty. Unless otherwise agreed, VOID shall only be liable for damage to photographic objects, originals, films, displays, layouts, negatives or data in the event of intent and gross negligence.
VOID shall carefully store digital raw data. It shall be entitled, but not obliged, to destroy digital raw data stored by it after 1 year from the termination of the order.
VOID shall be liable for light resistance and durability of the images only within the scope of the warranty provided by the manufacturers of the photographic material.
The sending and return of films, images and originals shall be at the expense and risk of the Client. The client may determine how and by whom the return is to be carried out.
V. Liability
VOID shall be liable for damages, irrespective of the legal grounds, only in the event of intent and gross negligence. VOID shall also be liable for negligent breach of material contractual obligations (cardinal obligations), i.e. such obligations whose breach jeopardizes the attainment of the contractual purpose and on whose compliance a Contractual Partner may regularly rely. In the event of a negligent breach of cardinal obligations, VOID shall, however, only be liable for the damage foreseeable at the time of conclusion of the contract and typical for the contract. Any exclusion or limitation of VOID’s liability shall also apply to the personal liability of its legal representatives, employees and other vicarious agents.
The above limitations of liability shall not apply in the event of injury to life, limb or health, fraudulent intent, the absence of a warranted characteristic or an express assumption of a guarantee. Liability under the Product Liability Act shall also remain unaffected.
VOID points out that, in principle, insurance coverage exists for its own equipment. However, this shall not apply to third-party equipment to be used at the Customer’s request. In this respect, the Customer shall ensure that sufficient insurance cover is also provided in this respect.
If, at the Customer’s request, VOID is to use the Customer’s own equipment or equipment provided by the Customer which is owned by third parties, the Customer shall ensure that such equipment is adequately insured against damage or loss. In such a case, the use of the equipment at the request of the customer shall take place under the exclusion of any liability.
VI. Collateral Duties
The Customer warrants that it holds the reproduction and distribution rights to all originals provided to VOID and, in the case of portraits of persons, the consent of the persons depicted for publication, reproduction and distribution. Claims for compensation by third parties based on the violation of this obligation shall be borne by the Customer.
The client undertakes to make the photographic objects available in good time and to collect them again immediately after the photograph has been taken. If the Client does not collect the photographic objects after being requested to do so within two working days at the latest, the Photographer shall be entitled, if necessary, to charge storage costs or, if his studio rooms are blocked, to remove the objects from storage at the Client’s expense. Transport and storage costs shall be borne by the client.
VII. Default in Performance
If VOID provides the customer with several images or videos to choose from, the customer must return the images or videos not selected within one week of receipt—unless a longer period has been agreed—at their own expense and risk. The photographer may demand compensation for lost or damaged images, provided that the loss or damage is not the photographer’s fault.
This also applies to digital images, (digital) image excerpts, videos, video sequences, video excerpts, still images, still photos, or similar. These must be deleted and may not be used or used in modified form.
If VOID provides the customer with images or videos from its archive, the customer must return the images or videos not selected to VOID within one month of receipt and delete the selected images within one month of use or, in the case of digital material, delete them. If the customer fails to return the images or videos, VOID may charge a blocking fee of US$5 per day and per image/video, unless the customer can prove that no damage has been incurred or that the damage is less than the flat-rate compensation fee. In the event of loss or damage that renders further use of the images impossible, VOID may claim compensation. The compensation shall generally amount to US$1000 for each original and US$200 for each duplicate, unless the customer proves that no damage has been incurred or that the damage is less than the lump-sum compensation. VOID reserves the right to demand higher compensation. The amount of compensation shall be based in particular on the current tables of the professional associations for photographers and artists or on the otherwise verifiable market value.
Delivery dates for images are only binding if they have been expressly confirmed by VOID. VOID shall only be liable for failure to meet deadlines in cases of intent or gross negligence.
VIII. Additional equipment (esp. drone recordings)
If the Customer desires pictures/videos for the production of which he wants civil camera drones, quadcopters, similar unmanned aerial vehicles (hereinafter referred to as “drones”) or vehicles, or if these are necessary, he shall bear the additional costs incurred thereby.
These services are provided exclusively within the framework of the applicable safety requirements as well as the applicable laws and official permits. The customer cannot order or demand services outside of these general conditions.
In particular, this applies to the following general conditions:
– no flight activities during rain or thunderstorms
– no flight activities before sunrise or after sunset (deviations only possible with special permission)
– flights up to a maximum wind speed of 30 km/h
– flight speeds of the drone up to max. 60 km/h (with Red Epic camera up to max. 40 km/h)
– visual flight according to VFR rules (flights only with visual contact to the drone)
– maximum flight altitude 100 meters (deviations only possible with special permission)
– maximum distance to the pilot horizontally 500 meters (deviations only possible with special permission)
– no overflight of persons (deviations only possible with special permission)
– air restricted areas may not be flown through – no flights at a distance of less than 1.5 kilometers from the boundary
of airfields as well as 5 kilometers from airports (possible with special permission)
– no flights without an ascent permit, as far as this is required by law.
If an official flight permit is required under state law, VOID will obtain or issue it, unless otherwise agreed in individual cases. The costs for obtaining a climb permit shall be borne by the customer.
IX. Image Editing
The processing of images or videos by the client, as well as their reproduction and distribution, whether analog or digital, require the prior written consent of VOID. If a new work is created through photo composition, montage, or other electronic manipulation, this must be agreed upon with VOID. New buyouts may apply. In the event of unauthorized publication, a contractual penalty of US$100,000 shall be payable, and VOID reserves the right to take legal action.
The customer is obliged to design this electronic link in such a way that it is retained during any type of data transmission, during any reproduction on screens, during any type of projection, in particular during any public reproduction, and that VOID is clearly and unambiguously recognizable as the author of the images or videos. The customer guarantees that they are authorized to commission VOID with the electronic processing of images or videos of third parties if they place such an order. The customer indemnifies the photographer from all claims of third parties arising from a breach of this obligation.
X. Right of withdrawal
You may revoke your contractual declaration in writing (e.g. letter, e-mail) within two weeks without stating any reasons. The revocation must be made expressly; the mere return of received goods or the deletion of digital images/videos is not sufficient. The period shall commence upon receipt of this notification in text form. The timely dispatch of the revocation shall be sufficient to comply with the revocation period.
The revocation is to be sent informally and without giving reasons in the context of a consumer goods purchase to the VOID office.
In the event of an effective revocation, the services received by both parties must be returned and any benefits derived must be reimbursed. This does not apply to provisions set out here in the General Terms and Conditions or in any other written form. VOID is entitled to invoice work already performed at the full price. If you are unable to return the service received in whole or in part or only in a deteriorated condition, you must compensate us for the loss in value. This does not apply to the surrender of goods if the deterioration of the goods is exclusively due to their inspection – as would have been possible in a retail store, for example. For the proper reservation of title, the measure that you do not use the item as an owner and refrain from anything that could impair its value applies.
The goods provided must be returned at our risk, but you must bear the cost of the return shipment if the goods delivered correspond to those ordered. Obligations to reimburse payments must be fulfilled within 14 days. The period begins for you with the dispatch of the revocation declaration, for VOID with its receipt.
XI. Important notes
If the contract is for the provision of services, the following special provisions shall apply:
Insofar as we start providing the service at your express request before the expiry of the revocation period, your right of revocation shall expire when the service has been provided in full. We shall be entitled to remuneration for partial services rendered up to the time of revocation. By accepting this GTC, you declare your knowledge of the loss of your right of revocation under the aforementioned conditions.
Insofar as the contract is for the delivery of digital content that is not on a physical data carrier, your right of revocation shall expire if you expressly agree to the performance of the contract before the expiry of the revocation period. By accepting this GTC, you declare your knowledge of the loss of your right of withdrawal under this condition.
The right of withdrawal does not exist if you have acted in the exercise of your commercial or independent professional activity.
The right of withdrawal does not exist if the content of the contract is the delivery of goods that are made to your specification and clearly tailored to your personal needs.
XII Final Provisions
The place of performance for all obligations arising from the contractual relationship is Berlin. If both contracting parties are merchants, self-employed persons, freelancers, legal entities under public law, or special funds under public law, Berlin shall also be agreed as the place of jurisdiction.
Should one or more provisions of these General Terms and Conditions be invalid, the remainder of the contract shall remain valid. Insofar as the provisions are invalid, the law of the General Terms and Conditions shall apply to the contract.
If you would like to receive these General Terms and Conditions (AGB) in German, please write to us at legal@void.berlin