General Terms and Conditions of Service

§1 Scope

(1) All services and offers are made exclusively on the basis of these General Terms and Conditions of Service. They form an integral part of all contracts between Dani Stein and contractual partners (hereinafter also referred to as “Client”) for the services offered. These conditions also apply to all future services or offers to the Client, even if not expressly agreed again.

(2) Terms and conditions of the Client or third parties shall not apply, even if Dani Stein does not expressly object to their validity in each individual case. A reference by Dani Stein to a letter containing or referring to the Client’s or a third party’s terms and conditions shall not constitute consent to those terms and conditions.

§2 Offer and Conclusion of Contract

(1) All offers made by Dani Stein are non-binding and subject to change, unless expressly marked as binding or contain a specific acceptance period. Orders may be accepted by Dani Stein within fourteen days of receipt.

(2) The written contract concluded between Dani Stein and the Client (including these General Terms and Conditions) is solely authoritative for the legal relationship between the parties. It supersedes all previous oral agreements unless expressly stated otherwise in writing.

(3) Amendments and supplements to the agreements, including these General Terms and Conditions, require written form to be valid. It is sufficient to send such documents by fax or email. Employees of Dani Stein are not authorized to make deviating oral agreements.

(4) Descriptions or representations of the services (e.g., drawings, illustrations) are only approximately authoritative, unless exact conformity is required for the contractually intended use. They do not constitute guaranteed characteristics unless expressly agreed. Deviations due to artistic or technical necessity are permitted if usability for the intended contract purpose is not significantly affected.

(5) Dani Stein retains ownership and copyright to all offers, cost estimates, drawings, illustrations, calculations, models, tools, and other documents or resources. The Client may not use, reproduce, disclose or make available such items to third parties without explicit consent. Upon request, these must be returned and any copies destroyed if not needed in the ordinary course of business or if negotiations do not result in conclusion of a contract.

§3 Prices and Payment

(1) Prices apply for the scope of services and deliveries stated in order confirmations. Additional or special services will be charged separately. Prices are quoted in EURO plus statutory VAT.

(2) Unless otherwise agreed, the following minimum daily fees are considered agreed:

from €950: Stunt Coordinator (incl. consultations, location scouting, etc.)

from €950: Stunt Player

from €950: Stunt Double / Utility Stunts

from €950: Precision Driver / Stunt Driver

from €750: Stunt Rigger / Stunt Technician

from €850: Head Rigger

from €800: Stunt Horse Rider / Coachman / Horse Master

from €950: Fight Choreographer

from €800: Stunt Diver / Stunt Rescue Diver

from €550: Travel and standby days

These minimum fees apply per shooting day (eight hours incl. breaks). Each additional hour is billed at €100 per person. Work on Sundays or public holidays is subject to a 50% surcharge.

Other costs (organization, materials, equipment, tests, fittings, casting) are to be requested separately.

Total fee = daily fee + adjustments (for difficulty, repetitions, risk, text, etc.) + expenses (travel, accommodation, etc.). Private car: €0.45 per km.

(3) If scheduled shooting or work days are postponed or canceled for reasons outside Dani Stein’s responsibility, at least 48 hours’ advance notice is required. Otherwise, 100% of the daily fee is charged.

(4) If a shooting day is terminated for reasons not attributable to Dani Stein, the full daily fee is due.

(5) Invoices are payable within 30 days without deduction, unless otherwise agreed in writing. Payment is considered made upon receipt by Dani Stein. Checks are only valid after clearance. Late payment is subject to 10% annual interest from the due date. Assertion of higher interest or further damages remains unaffected.

(6) Set-off or retention by the Client is only permitted for undisputed or legally established counterclaims.

(7) Dani Stein may demand advance payment or security for outstanding services if, after conclusion of contract, circumstances arise which substantially diminish the Client’s creditworthiness and jeopardize fulfillment.

§4 Service and Performance Period

(1) Services will be rendered upon order confirmation.

(2) Stated dates are approximate unless a fixed date is expressly agreed.

(3) Dani Stein may request an extension of deadlines equal to the period in which the Client does not fulfill obligations.

(4) No liability for impossibility or delay due to force majeure or unforeseen events not attributable to Dani Stein. In such cases, Dani Stein may withdraw fully or partially from contract.

(5) If Dani Stein defaults or is unable to perform for any reason, liability for damages is limited as described in §7.

§5 Rights Grant

(1) Where Dani Stein creates copyrights or other rights (excluding neighboring rights), these are granted exclusively and transferable, without time or territory restriction, worldwide, upon full payment.

(2) The grant of rights is exhaustive and in particular includes:

Theatrical/film exhibition rights

Broadcast rights

Online/on-demand rights

Database and telecommunications rights

Videogram rights

Reproduction and distribution rights

Synchronization rights

Advertising and tie-in rights

Rights to produce brief summaries and related materials for promotion (specific print rights may require separate agreement)

(3) Parties agree no duty to exploit the granted rights, and any statutory reversion rights are excluded for five years.

(4) Payment fully compensates all rights under these provisions.

(5) Rights to future, unknown modes of exploitation are not transferred and require separate agreement and remuneration.

§6 Rights Guarantee

(1) Dani Stein guarantees to grant the Client unencumbered rights as stipulated above.

(2) Dani Stein indemnifies the Client and sublicensees from any third-party claims and covers all damages, including reasonable legal costs.

§7 Limitation of Liability

(1) Liability for damages, regardless of legal ground, is limited as follows:

(2) Dani Stein is not liable for simple negligence except breach of material contract duties (essential obligations for contract performance or protecting health/life/property).

(3) For damages Dani Stein is liable, liability is limited to damages foreseeable at contract conclusion.

(4) For slight negligence, liability is capped at EUR 5,000,000 per incident, even for essential duties.

(5) These limits apply equally to Dani Stein’s representatives, employees, and agents.

(6) Any free consultation is given without liability.

(7) Exclusions do not apply for willful misconduct, guaranteed features, injury to life/body/health.

(8) The Client releases Dani Stein from liability for any stunt performers used.

(9) Dani Stein generally advises that all direct participants in stunts should be substituted by professionals during stunts.

(10) No liability for actors, passengers, cameramen, extras, or other personnel who participate in stunts contrary to recommendations; related risks must be insured by the Client.

(11) Dani Stein assumes no liability for persons not supervised by the Stunt Coordinator.

§8 Safety

The Client, in consultation with the Stunt Coordinator, ensures that at least one medic is present during execution.

§9 Final Provisions

(1) Exclusive legal venue for claims against Dani Stein is Berlin, subject to statutory requirements.

(2) This contract is governed by German law.

(3) Any gaps in the contract or general terms shall be filled with valid provisions reflecting the economic and contractual purpose.

Note:

The Client acknowledges that Dani Stein retains data in accordance with Section 28 BDSG (German Data Protection Act) for processing and reserves the right to transmit data to third parties (e.g., insurers) as required.