Terms & Conditions
SHOW & TELL
1. Agreement
All services and productions provided by SHOW & TELL are subject exclusively to the following Terms & Conditions. Any conflicting terms from the client shall not apply unless explicitly agreed to in writing.
A project agreement becomes effective once the client accepts the written proposal, quote, or production agreement.
2. Services
2.1 Project Scope
Services are performed based on the concept provided or approved by the client and the written summary of the final project briefing prior to production.
2.2 Production Quality
SHOW & TELL produces films and comparable media content in accordance with the agreed concept and in a quality consistent with our portfolio and professional standards. This applies equally to consultation and services related to distribution through social media platforms.
2.3 Project Specifications
Only specifications included in the written proposal or project confirmation are considered contractually binding. Creative interpretation remains part of the production process, and minor subjective differences in taste do not constitute defects in performance.
3. Advertising Content
3.1 Client Responsibility
The client is solely responsible for the legal accuracy of claims, statements, and advertising messages contained within the produced content.
The client must verify that all product claims, descriptions, and representations comply with applicable laws before publication.
3.2 Legal Compliance
The client assumes responsibility for ensuring that advertising content complies with applicable laws including copyright, trademark, advertising regulations, and competition law.
SHOW & TELL will notify the client of potential legal risks if identified during the project but cannot be held liable for claims relating to the client’s products, services, or marketing statements.
If third parties assert claims related to such content, the client agrees to indemnify and hold SHOW & TELL harmless.
4. Instructions & Project Changes
4.1 Change Requests
Client change requests submitted before production will be accommodated where reasonably possible and where they do not fundamentally alter the creative or technical concept.
Additional costs resulting from changes may require written approval before production continues.
4.2 Project Termination
If the parties cannot agree on the costs of requested changes, the client may terminate the project. In such cases, all services already performed must be paid in full.
5. Delivery Timeline
5.1 Schedule
Production timelines and delivery dates will be agreed upon during the final project briefing.
5.2 Non-binding Dates
Delivery dates are considered estimates unless explicitly confirmed in writing as fixed deadlines.
5.3 Client Delays
Delays caused by client feedback, approvals, materials, or requested revisions will result in a corresponding extension of the delivery schedule.
5.4 External Factors
Production timelines may also be extended due to factors beyond our control such as weather, technical issues, or third-party service delays.
6. Fees & Compensation
6.1 Project Fees
The total project fee is determined by the individual items listed in the production estimate or proposal, including creative development, production, editing, and consulting services.
6.2 Additional Costs
Additional costs resulting from client-requested changes will be communicated prior to execution.
6.3 Client-Provided Materials
The client must provide all products, materials, or items required for production in a timely manner and free of charge.
6.4 Talent & Influencers
Casting decisions are made in consultation with the client. If the client requests specific actors, models, influencers, or voice talent whose fees exceed standard industry rates, the client agrees to cover the additional costs.
7. Additional Compensation Claims by Contributors
The project budget includes fees for contributors only as listed in the estimate. If contributors later assert additional compensation claims, the client agrees to assume responsibility and indemnify SHOW & TELL against such claims.
8. Production
8.1 Project Start
Production begins only after the client has approved the estimate or signed the project agreement.
8.2 Client Representative
The client must designate an authorized representative who can approve decisions and authorize additional costs during the production process.
8.3 On-Location Filming
If filming takes place at the client’s facilities or other third-party locations arranged by the client, SHOW & TELL is not liable for operational disruptions or damages related to the location.
9. Project Acceptance
9.1 Review
Upon completion, the client will receive a preview version of the production for review and approval.
If no feedback is provided within 14 days, the production will be considered accepted.
9.2 Defects
Claims regarding visible defects must be reported immediately upon receipt of the content.
9.3 Creative Differences
Differences in personal taste do not constitute a production defect if the content follows the approved concept.
10. Corrections
SHOW & TELL may correct production defects through revisions or replacement delivery within a reasonable time frame. Two attempts at correction are considered sufficient.
11. Rights & Usage
11.1 Transfer of Rights
Usage rights to the produced content are transferred to the client only after full payment of the project fee.
11.2 Scope of Usage
The client receives usage rights for the agreed purpose, timeframe, and distribution channels specified in the project agreement.
11.3 Default Usage Period
If usage rights are not explicitly defined in the agreement, they are limited to one year for online and social media use.
11.4 Extended Usage
Any expansion of usage rights (e.g., longer duration, additional platforms, advertising campaigns) requires a separate agreement.
11.5 Modifications
The client may edit or adapt the final content within the scope of the granted usage rights.
12. Ownership of Raw Materials
Unless otherwise agreed, all raw footage, project files, drafts, and production materials remain the property of SHOW & TELL.
13. Payment Terms
13.1 Payment Deadline
Invoices must be paid within 14 days of receipt, unless otherwise agreed.
13.2 Deposits
Certain production costs such as travel, casting, or location scouting may require upfront payment.
13.3 Late Payments
Late payments may be subject to interest charges and suspension of project work.
14. Portfolio Use
SHOW & TELL reserves the right to display completed projects, excerpts, or still frames in its portfolio, website, and promotional materials, unless otherwise agreed in writing.
15. Use of Artificial Intelligence Tools
In certain cases, generative AI tools may be used during production. The client acknowledges that legal frameworks governing AI-generated content are evolving and that copyright protection for such content may be uncertain.
Projects using such tools are executed with this understanding.
16. Liability
16.1 General Liability
SHOW & TELL is fully liable for damages caused by intentional misconduct or gross negligence.
16.2 Limited Liability
For minor negligence, liability is limited to foreseeable damages and shall not exceed 50% of the project value.
16.3 Delays
Liability for delays caused by minor negligence is limited to 5% of the project fee.
17. Third-Party Content
If the client requests the use of third-party materials such as music, memes, film clips, or other media, the client is responsible for securing the necessary usage rights unless explicitly agreed otherwise.
SHOW & TELL assumes no liability for copyright violations related to such materials.
The client agrees to indemnify SHOW & TELL against any related claims.