Terms and Conditions
1. Introduction
1.1 These Terms and Conditions (T&Cs) establish the legal framework for services provided by Stian Glatthard, including filmmaking, audiovisual production, content creation, directing, and other related services. These T&Cs are in accordance with Swiss law and international standards and are designed to protect both parties involved in the contract.
2. Scope of Services
2.1 Stian Glatthard offers a broad spectrum of services in the fields of audiovisual production, content creation, directing, and related services for a diverse international clientele, with the utmost commitment to quality and professionalism.
3. Contract Formation
3.1 Effective Contract: A binding contract is formed upon the client's acceptance of Stian Glatthard's offer. The acceptance may be in writing or through any other mutually agreed-upon method.
3.2 Project Documentation: Details of each project will be explicitly documented and form an essential part of the contract, including project specifications, timelines, and any additional terms specific to the project.
4. Intellectual Property Rights
4.1 Ownership and Usage: Intellectual property rights of all created works, including but not limited to films, content, and materials, are retained by Stian Glatthard, barring any written agreements to the contrary. Clients are granted non-exclusive usage rights as specified in the project contract.
4.2 Portfolio Rights: Stian Glatthard retains the right to use any project outputs for his portfolio and promotional activities, subject to confidentiality constraints and any specific agreements regarding client confidentiality.
4.3 Client-Provided Material: Clients assure that any materials they provide, including but not limited to scripts, images, and audio, are lawful and indemnify Stian Glatthard against any infringement claims arising from their use.
5. Confidentiality
5.1 Confidential Information: Stian Glatthard pledges to maintain the strictest confidentiality of all client-related information and materials, both during and after the contract period.
6. Liability
6.1 Exclusions: Liability for indirect or consequential damages is expressly excluded. Stian Glatthard's liability is limited to the scope of the agreement and is limited to direct damages resulting directly from any breach of the agreement.
7. Payment Terms
7.1 Details: Payment terms will be defined in each project contract, covering fees, invoicing procedures, and payment schedules. Late payments may attract additional charges as outlined in the project-specific agreement.
7.2 Milestone Payments: The payment structure typically involves installments at key project milestones as specified in the project contract.
8. Cancellation and Termination
8.1 Cancellation Terms: Cancellation terms are specific to each project agreement and will be detailed in the project contract, outlining any applicable cancellation fees and consequences.
8.2 Pre-Shooting Cancellation: In the event of cancellations occurring post-contract but prior to the commencement of shooting, the client is liable for all costs incurred up to that point, including expenses and potential contract price adjustments, as specified in the project agreement.
9. Force Majeure
9.1 Non-Liability: Neither party is liable for non-performance due to uncontrollable events, including but not limited to acts of nature, government actions, or other unforeseen circumstances beyond their control.
10. Dispute Resolution
10.1 Approach: In the event of a dispute, both parties agree to first attempt mediation or arbitration, under the governance of Swiss law and in accordance with the rules of a mutually agreed-upon arbitration institution, before pursuing litigation.
11. Governing Law and Jurisdiction
11.1 Applicable Law: This contract is governed by Swiss law, and any disputes arising from it shall be subject to the jurisdiction of the competent courts located in Stian Glatthard's location.
12. Amendment and Entire Agreement
12.1 Amendments: Any amendments or modifications to this agreement require written, mutual consent from both parties and shall be appended to the existing contract.
12.2 Entirety: These T&Cs, along with project-specific agreements, comprise the complete contract and supersede any prior understandings or agreements between the parties.
13. Acceptance
13.1 Service Engagement: The client's engagement with Stian Glatthard's services implies full acceptance of these T&Cs and all provisions herein.
14. Additional Provisions
14.1 Production and Delivery Standards: Stian Glatthard commits to upholding international film-technical standards and will provide reasonable contingencies for unforeseen delays, ensuring the timely delivery of the project.
14.2 Risk and Insurance Responsibilities: The allocation of risk and insurance responsibilities shall be clearly defined in the project contract, with due consideration for the specific project's requirements and potential risks.
14.3 Transfer of Rights: Upon full payment for the services rendered, all necessary rights acquired by Stian Glatthard will transfer to the client, enabling them to fully utilize the created work.
14.4 Storage Obligations: Stian Glatthard agrees to maintain a minimum of five years of storage for master copies and any unused materials related to the project, ensuring their availability for potential future use or reference.
14.5 Dispute Resolution Expertise: In the event of disputes, an expert or mediator may be appointed by mutual agreement between the parties to facilitate resolution and ensure fair arbitration.
15. Compliance with Regulations
15.1 Adherence: All services provided by Stian Glatthard will comply with applicable laws and regulations, including but not limited to data protection, copyright laws, and industry-specific standards, ensuring legal and ethical practices throughout the project.
16. Indemnification
16.1 Client Liability: The client agrees to indemnify Stian Glatthard against any legal claims stemming from the misuse or unauthorized distribution of delivered work, including any claims related to intellectual property infringement or defamation.
17. Termination for Convenience
17.1 Terms: Either party may terminate the agreement for convenience, as outlined in the specific project agreement, with due consideration for any financial or logistical consequences as specified in the project contract.
18. Modifications to Services
18.1 Agreement Modifications: Any changes to the scope of services post-contract commencement require a written agreement from both parties, ensuring transparency and mutual consent for any modifications.
19. Additional Legal Provisions
19.1 Severability: If any provision of these T&Cs is found to be unenforceable or invalid by a court of competent jurisdiction, the remainder of the T&Cs shall remain in full effect, and the parties shall negotiate in good faith to replace the invalid provision with a valid one.
19.2 Non-Waiver: The failure to enforce any provision of these T&Cs does not constitute a waiver of that provision and shall not affect the rights of either party to enforce it in the future.
19.3 Notices: All notices, requests, demands, and other communications under this contract must be in writing and delivered via confirmed means, ensuring the receipt and understanding of important communications.
19.4 Subcontracting and Assignment: Stian Glatthard may subcontract or assign portions of the work to qualified third parties with the client's consent, which shall not be unreasonably withheld, to ensure the efficient execution of the project.
20. Client Responsibilities
20.1 Cooperation: The client is expected to provide timely and accurate information, materials, and resources necessary for the successful completion of the project, including but not limited to scripts, talent, and location access.
20.2 Approval Timelines: The client agrees to adhere to agreed-upon timelines for reviews, approvals, and feedback, recognizing that delays in the approval process may lead to project delays and adjustments to the project timeline and budget.
21. Warranty and Service Guarantees
21.1 Quality Assurance: Stian Glatthard warrants that all services will be performed to a professional standard, consistent with industry best practices, and in accordance with the project specifications and agreements.
21.2 Rectification: In the event of non-conformance with agreed-upon standards, Stian Glatthard commits to rectifying any deficiencies at no additional cost to the client, subject to the terms and conditions specified in the project agreement.
Contact Information
If you have any questions or concerns about these Terms and Conditions, please contact us at:
Email: info@stianglatthard.com
Terms and Conditions Last Updated
January 2024