Terms and Conditions

1. Rental Assignment

The object of the lease is the rental of the premises with the agreed equipment specified in the lease. The rental assignment becomes effective upon both parties signing the lease. No claim to having concluded a lease shall be derived from any offer on the part of the lessor nor from any preliminary reservation. The lessor shall not be held liable should the intended use on the part of the lessee not be possible on any actual or legal grounds. Any sub-lease or other rental assignment to third parties is not permissible without the express written consent of the lessor. The lessee is not permitted to allow more than thirty persons to be within the rented premises at any one time. The premises together with furnishings, equipment and accessories remain the unrestricted property of the lessor. The lessor retains his domiciliary rights in the rented premises and is entitled at all times to access them himself or to allow authorised persons to access them. The lessee shall observe the existing rules of the house and comply with all administrative orders and regulations and ensure their observance by all those involved in the production.

The lessee has the duty to treat the lessor’s property with care. The premises and equipment shall be considered as having been assigned in good condition if no deficiencies are implicitly complained about on receiving the same. The lessee shall immediately notify the lessor of all and any damage, de-fects or losses that may occur during the term of the lease.

2. Period of Lease

The agreed rental period must be strictly adhered to. The premises shall be completely vacated and surrendered in their original condition at the end of the term of lease. Any exceptions require the written consent of the lessor. If the lessee is delayed in vacating and surrendering the premises, he shall be liable to the lessor for any damages caused by the delay which can, for instance, consist of compensation due to the later rental of the premises to a subsequent production.

3. Terms and Conditions of Payment

The agreed rent is to be paid immediately after the invoice has been issued by the lessor and without any deductions. The lessor is also entitled to invoice the rent or parts of it in advance by special agreement. The non-observance of payment dates shall entitle the lessor to terminate the lease without notice. All prices are stated exclusive of the legally applicable rate of value added tax. Any set-off against previous or future debts is excluded unless these are uncontested or have become final and conclusive.

The contractually agreed rent is to be paid to the full amount, independent of whether the premises or theequipment are actually used by the lessee to the agreed extent. The rent includes all attendant expenses within the sense of the operational costs ordinance (energy, heating, water, final cleaning). Should the lessor enter into any agreements with others on behalf of the of the lessee, such as e.g. for catering, waste disposal services or similar, these costs are to be settled by the lessee at any rateand shall be received by the lessor either in cash at the end of the rental period or by a non-cash method in advance.

4. Costs of Cancellation

The lessee can withdraw from the contract up to one week prior to the agreed start of the lease free of charge. If the cancellation is made between one week and exactly 48 hours prior to the commencement of the lease, cancellation fees amounting to 20% of the agreed rent shall become payable. If the cancellation is between exactly 48 hours prior to the start of the lease but longer than 24 hours before the lease commences, 50% of the agreed rent shall become payable. Subsequent to this last-mentioned time, the full rent shall be payable, lessany expenses saved on the part of the lessor. If an alternative letting out is possible, the costs of cancellation shall be reduced in accordance with the amount of the alternative rent taken in.

5. Mutual Liability

The lessor is liable only for deliberate acts and gross negligence on the part of its legal representatives or vicarious agents; and in the case of minor negligence only in the event of violation of fundamental contractual obligations. This is also applicable to any loss or damage to digital data on cameras and/or visual recording equipment and/or image processing devices. These liability restrictions are inapplicable in the event of injury to life, limb or health. Strict liability on the part of the lessor is excluded.

If the contractual obligation relates to deficiencies that already existed upon entering into the contract or upon transfer of the rented premises, the lessor shall not be liable for slight negligence irrespective of the above provision. The lessor accepts no liability for any items brought in by the lessee, his representatives or other persons involved in the production. The lessor shall ensure that thepremises are provided with electricity, water, and energy for heating in a proper manner. The lessor is, however, not liable for any damage arising in conjunction with the same, in particular as a result of storms and disruptions, unless this damage can be traced back to deliberate or grossly negligent actions or omissions on the part of the lessor. If any interruptions or failures are caused by providers ofelectricity or water or energy for heating, any claims by the lessee are limited to the assignment of claims on the part of the lessor against the rele-vant utility provider. The lessor is moreover not liable for damage arising as a result of dips or changes in the voltage.

The lessee is liable to compensate any damage or losses relating to the rented items and premises, the furnishings and facilities associated with the same, as well as for property and personal damage, including any consequential damages, if such damage was caused by failure or negligence on the part of the lessee or the persons belonging to his production or by any third parties who are on the rented premises with his knowledge and acquiescence or on his instructions.

The lessee is obligated to take out sufficient third-party liability insurance to cover the above named risks and shall provide the lessor with evidence of the same on request. The lessee shall indemnify the lessor from all claims for damages that may be raised by third parties against the lessor in conjunction with the production.

6. Self-Advertising

The lessee shall allow the lessor to produce and use photos of the set erected by the lessee to the extent customary in the trade for self-advertisement purposes, e.g. internet, brochures, showreel). These photos shall, however, not depict any persons associated with the lessee’s production unless the lessee has expressly consented to this. Within the scope of self-advertising, the lessee shall allow the lessor to specify the production, the persons involved and the production date (if necessary subsequent to the end of production).

Prior to publication, the lessor shall present to the lessee the photos and/or text he intends to publish, for which purpose the trans-mission by electronic means shall be sufficient. The lessee may only object to such publication on significant grounds. The objection period is one week following receipt by the lessee of the photos intended for publication.

7. Subsidiary Agreements / Jurisdiction / Saving Clause

Amendments and supplements to this lease and to the general terms and conditions of rental must be in writing. This also applies to any amendment to this written-form clause. No verbal subsidiary agreements have been made and have no validity. German law is applicable. Where legally admissible, the legal venue shall be Berlin. Should any provisions of this contract be or become partially or completely inoperative, this shall not affect the effectiveness of the remaining provisions. The parties undertake to insert in the place of the invalid ar-rangement an operative provision which comes as close as possible to the legal and commercial purpose of the inoperative one. The same applies to omissions in the provisions, accordingly.