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The photos and images presented on this website are protected
 by copyright.
They may not be published without consent of collectiveinterest.

Details as per Section 5 of the German Telemedia Act (Telemediengesetz):
collectiveinterest
Lisa Rolfsmeyer, Sredzkistraße 29, 10435 Berlin, Germany

E-Mail: we@collectiveinterest.world
VAT identification number as per Section 27a of the German Sales Tax Act
31/496/00016 / VAT DE298760685

COPYRIGHT & LIABILITY FOR CONTENT
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as well as correction or deleting of stored data, please contact us under:
we@collectiveinterest.world

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GENERAL TERMS & CONDITIONS

The parties intend to cooperate within the framework of a pro- ject (see above “Job / Project”). In this context, Client will provide collectiveinterest with information which is to be treated confidentially. In addition, deliverables will be created to which client is to be assigned exclusive rights of use for a defined period (see above „usage rights“) by way of this agreement. The parties will keep the contents of these terms as well as any agreements which may be concluded in the framework of this project secret. An employment relationship is not established by this. Collectiveinterest shall remain at liberty to work for other clients. In view of the foregoing, the parties hereby agree to the following specifically: 

1. Confidentiality: 

a) “Information” within the meaning of this agreement shall be understood as meaning any and all knowledge stemming from the Parties respectively, which has been made available to the artists in oral, written, digital or physical form or which will be made available in the future. This shall also include, but shall not be limited to, presentations, business plans and business models, commercial data and planning information, strategies, trade secrets and findings and results derived therefrom or contained therein, information in digital form (data) and know- how which has been exchanged. The existence and contents of these terms shall also constitute Information.

b) The Parties shall treat any Information they receive with strict confidentiality, shall not transmit it to third parties and shall impose a corresponding obligation on their employees and, where applicable, any subcontractors they employ. 

c) The obligation to maintain confidentiality shall not apply to Information if and to the extent that it

I belonged to the state-of-the-art available to the general public at the time it was received or thereafter;
II it was already known to the Parties at the time of the disclosure;
III it was legitimately made available to the Parties by a third party;
IV if the Parties invokes one of the aforementioned exceptions, they shall bear the burden of proof.

d) These confidentiality terms shall not establish any rights of use whatsoever in respect of any Information received; a separate agreement shall be required for such purposes, if needed.

e) The obligation to maintain confidentiality shall survive indefinitely beyond the period of this agreement. All rights to the assertion of claims for damages for each case of an infringement of this confidentiality agreement are hereby reserved.

2. Subject of the order is the activity of the photographer / stylist / hair and make-up artist (hereinafter artist) and/or the activity of collectiveinterest itself (hereinafter collectiveinterest) as a production company in the context of photo and film production (hereinafter work) for a contractually agreed purpose and timeframe. In the case of a purely artist booking, a contractual relationship is established exclusively between the artist and the client. Collectiveinterest will only act as an agent of the artists in those cases. The client accepts these conditions for the present order and at the same time for all additional and future

3. Options are reservations for the activity of the artists or collectiveinterest at fixed dates. The option expires immediately if another fixed booking by a third party is possible and the optioned date does not lead to a fixed booking even after consultation with the client with whom the original option was agreed. A firm booking/confirmed option represents a binding order for the artist/collectiveinterest and the client. 

a) For artist bookings: If the client withdraws from this confirmation up to 72 hours before the official date, a default interest of 50% of the above mentioned net rate + 100% of external costs has to be paid. In case of withdrawal less than 72 hours before the official date, the full amount (100%) of this estimate is payable. Weather risk lies within the responsibility of the client. In case of cancellation due to bad weather conditions, the client agrees to pay a cancellation fee of 50% of the artist's daily rate and covers 100% of all costs incurred by the artist or collective up to that point.

b) For productions: If the client withdraws from their official confirmation, 100% of all actual expenses and incurred working days per their rates + 20% of the calculated producer days shall be paid. If the client cancels less than 14 days before the scheduled shoot date, 100% of all actual expenses and incurred working days per their rates + 50% of the calculated producer days is due. Cancellation within less than 7 days before the scheduled shoot date result in a 10% mark up of the calculated total budget on top of 100% of all actual expenses and incurred working days.

I The Payment Terms for Productions are as follows: 

Ia) 50% advance payment of the total budget upon estimate confirmation
Ib) 30% prior to due 7 days prior to 1st shoot date
Ic) Remaining 20% due with final invoice after shoot. 
Id) The production company will pay its contractors only after the advance payments from Anomaly have been recorded in the production account. If the payment terms are not met, the production company is not obligated to make these advance payments itself.
Ie) The Rights of Images and all material remain in the property of collectiveinterest until full payment of the last invoice.
If) In general any cost calculation is subject to a variation of ± 10% and items within the budget may shift as necessary.

4. All inquiries and offers are to be addressed to collectiveinterest. In particular, bookings and fee negotiations as well as order confirmations and other organizational arrangements with the Artist shall be made exclusively through collectiveinterest. Already at the time of booking or within the order confirmation, the Client must name the Artist's contractual partner and, if applicable, provide written proof of his/her authority to conclude a contract on behalf of the contractual partner

5. The artist or production is booked or optioned for whole days (shooting: 10 hours, film: 12 hours, photo shooting: 8 hours). Based on this, daily fees are agreed. From the 11th/13th/9th hour of work including lunch break, the client agrees to pay a 10% overtime rate per hour, calculated from the respective daily fees of the artists. If additional production days beyond the overtime or the execution of the order is postponed or repeated for reasons that are not the responsibility of the artist or collectiveinterest, for example, in the event of subsequent deviations from the briefing, bad weather, not timely provision of products, errors in the laboratory, non-appearance of the models, loss of luggage, etc., the Artist shall be entitled to an additional fee for the additional services in proportion to the fee originally agreed for the scope of services. In this case, the third-party and ancillary costs shall be increased according to expenditure. In the case of collectiveinterest as a production company an additional insurance can be added on top in the estimate to be able to cover bad weather etc. options. If this insurance has not been added the responsibility for these cases lie with the client.

6. In the case of domestic travel, travel to and from the production location, is required on the previous day, or if travel to and from the production location takes more than 4 hours per day, or if the production location is outside the Federal Republic of Germany, travel days will be charged according to time spent (basis is the daily fee).

7. In the case of a fixed booking for one of collective interest’s represented artists, the Client shall bear any third-party and ancillary costs incurred (e.g. material costs, props, styling costs, travel and accommodation costs, if applicable, as well as expenses in the case of orders outside the Artist's place of residence in accordance with tax regulations, service fees, etc.) and shall pay them in advance to the extent agreed. If the originally placed order is extended, the Artist shall be entitled to invoice separately for any additional work performed by him as well as any third-party and incidental costs incurred.

8. The respective legal value-added tax is to be paid on the invoiced fees and other additional costs. The invoice amount is due immediately upon issuance of the invoice. No discount shall be granted. In cases of pure artist bookings: The client is responsible for ensuring that the respective social security contribution for artists shall be paid, irrespective of whether it is shown separately in the invoice - it is not already included in the fee. In cases of productions: collectiveinterest will add the artist’s social security contribution (5%) to the final invoice and ensure that the respective payments are made.

9. The Client or a person authorized by the Client shall be obliged to be present during the shooting/filming and to give his/her consent/approval to the Artist's creative conception. If neither the Client himself nor an authorized representative is present during the shooting/filming, the artistic design of the work cannot be rejected by the Client at a later point in time. In such a case, each new creation of a further Work shall be paid for separately.

10. The artist's fee covers only the services specified at the time of the conclusion of the contract and the agreed contractual purposes. Until full payment of the fee as well as any ancillary and third-party costs incurred by the Artist, any use of the Artist's contractually provided services is not permitted.

11. It is not the responsibility of the Artist to check copyrights for the use of props or to obtain the corresponding rights of use. This task shall be assumed by the Client. Unless otherwise agreed, the Client shall not acquire ownership of the materials and props provided. In case of collectiveinterest handling the production, the Producer agrees to double check licenses and releases for all copyrighted material and individuals appearing in the shoot and obtain the respective rights based on the client’s wishes.

12. The claims of the client resulting from the transfer of rights to third parties are already now assigned to the artist in the amount of the fees agreed between the artist and the client as well as any ancillary fee costs and other fees incurred. The Client is entitled to collect the claim assigned to the Artist from third parties in his own name for the account of the Artist. He has to pay the collected amount to the Artist within seven days after receipt by him.

13. The client is not entitled to declare the set-off with counterclaims disputed by the artist and/or not validly determined. Furthermore, the Client is not entitled to assign or transfer his claims and rights against the Artist to third parties.In case of unauthorized use, passing on as well as other not agreed upon use a violation fee in the amount of the fivefold agreed upon fee becomes due subject to further claims for damages

14. In the event of unauthorized use, disclosure or other non-agreed use, subject to further claims for damages, an infringer's fee of five times the agreed fee is due.

15. The artist is entitled to be named as the author when his work is used in test shoots and editorials. In addition, the agency representing the Artist shall also be named in connection with the work. The client shall ensure the implementation of these regulations in his contracts with third parties. In the event of a breach of these naming obligations, a surcharge of 100% on the Artist's agreed fee shall be payable. In the case where collectiveinterest is the production company they will collect the corresponding credits and communicate these to the client; ensuring the proper implementation still lies with the client.

16. The dissolution of the contract, whether by cancellation or termination, is only possible for fixed bookings for good cause. If the client cancels the order without good cause or if an order that has already been started/is not completed without the artist being responsible for this, the client shall be responsible for the agreed fee in full as well as the ancillary and third-party costs incurred up to that point. An order shall be deemed to have started when the Artist has commenced with the execution of their contractually owed performances. Should the Artist be unable to perform his work due to illness or circumstances for which he is not responsible, the Artist or his agency shall use their best efforts to find an adequate replacement. In this case, neither the artist nor the agency shall be liable for any additional costs or possible damage.

17. With the exception of personal injury and bodily harm caused to third parties by the Artist and in the case of damage resulting from the breach of a principal obligation essential to the contractual relationship, the Artist shall only be liable for gross negligence or intentional acts in the performance of the order. This also applies to any vicarious agents engaged by him.

18. The risk of damage to the materials, props and works provided by the Artist shall pass to the Client as soon as the materials, props and works to be delivered have been handed over to the person carrying out the transport. The Artist shall not be liable for any damage to props provided to the Artist by the Client or third parties during transport and execution of the order, unless such damage is due to gross negligence or intent on the part of the Artist or any vicarious agents engaged. The Client shall insure the props against theft, damage, loss etc.. Furthermore, the Client shall take out production insurance for personal injury and property damage. If the work perishes without the Artist being responsible for this, his claim for fees shall remain unaffected. The provisions of this section shall also apply if the transport is carried out by the Artist himself.In the case of collectiveinterest as the production company the insurance can be added on top in the estimate (see also clause 4) - the specifics can be adjusted based on the client’s wishes. If this insurance has not been added, the responsibility lies with the client.

19. The client has to hand over at his own risk and expense the props handed over to him immediately after their use to the artist or to the person/company named by the contractor. If this does not happen, the client has to compensate for any damage that may occur as a result. The Artist/collectiveinterest cannot guarantee that the props resulting from a so-called prop casting, i.e. the commissioned creation of a selection of props, will actually be available on the scheduled production date or production period.

20. The Client must notify the Artist/collectiveinterest of any defects in an Artist's performance without delay during the ongoing production, stating the exact nature of the defects. If the Client fails to do so, the performance shall be deemed to have been rendered in accordance with the agreement, insofar as recognizable defects are concerned.

21. All contractual claims of the Client against an Artist shall become statute-barred within one year of the statutory commencement of the limitation period. This shall not affect claims for damages arising from injury to life, body or health and claims for damages based on a grossly negligent or intentional breach of duty. In the case of the rental or loan of props by the Artist or collectiveinterest, possible claims for damages by the Client shall become statute-barred within six months.

22. The Artists and collectiveinterest shall be entitled to use the photographs, films, analog and digital data carriers or prints and copies thereof for the production of which they have provided their services for self-promotional purposes, i.e. in particular to publish them in the form of a broadcast or on the Internet (including social networks such as Instagram) or to show them as a sample of their work.

23. Collateral agreements or agreements deviating from these terms and conditions must be made in writing. If a provision of the contract or these contractual conditions becomes invalid, this shall not affect the validity of the remaining conditions and the contract. In place of an invalid provision, that provision shall be deemed agreed which comes as close as possible to the intended purpose. The same applies to the filling of contractual gaps. Place of performance and jurisdiction is, as far as legal permissible, the artist's place of business (or colleciveinterest’s place of business, in the case of a production). The law of the Federal Republic of Germany shall apply. German law shall also be deemed agreed for activities performed abroad. The provisions of the UN Convention on Contracts for the International Sale of goods of April 11, 1980 CISG shall not apply.