TERMS & CONDITIONS (T&Cs)

Midday Film Productions – Event Video & Photography (B2B)
Last updated: 20 February 2026

Midday Film Productions (brand) is an offering of:
Mackrodt & Mackrodt GbR
Brunnenstr. 188, 10119 Berlin, Germany
VAT ID: DE295201363
Phone: +49 (0)30 658 32 755
Email: hi@middayfilm.com
(hereinafter “Midday Film” or “Service Provider”)
 

Summary (B2B)

• B2B only: Contracts with business customers only (Sec. 14 BGB).

• Scope-first: Only the Scope defined in the offer/PO is binding.

• SLA: Delivery window starts after Wrap/Ingest; venue/access delays shift the start accordingly.

• Add-ons: Out-of-scope items are add-ons and require written approval.

• Portfolio: Reference use (name/logo/assets) only with written approval.

1. Scope / B2B only
1.1 These T&Cs apply exclusively to contracts between Midday Film and business customers / entrepreneurs within the meaning of Section 14 German Civil Code (BGB) (“Client”).
1.2 Any terms of the Client shall apply only if Midday Film has expressly agreed to them in writing.
1.3 The Scope defined in the offer / production order / purchase order (PO) is decisive. Individual provisions in the offer / production order / PO take precedence over these T&Cs (priority of individual agreement).

2. Definitions (scope-first)
2.1 “Scope”: the service scope defined in the offer / production order (e.g., on-site time window, crew, formats, deliverables, delivery window/SLA, approvals, revisions).
2.2 “Deliverables”: the final photo/video outputs defined in the Scope, including agreed export formats (e.g., 16:9 / 9:16, web/social).
2.3 “Brand-safe Asset Library”: a curated, CI-aligned selection of Deliverables (selection + basic edit for photo, basic cut for video) for immediate use in marketing, communications, and internal channels — within the agreed Scope.
2.4 “Wrap/Ingest”: completion of on-site capture including secured data transfer and backup into the post-production workflow.
2.5 “SLA”: the agreed delivery window (e.g., Standard / Express / Priority / Same-Day) starting from Wrap/Ingest, unless the Scope defines otherwise.
2.6 “Coverage Packages”: standardized package labels (e.g., Quick Coverage, Core Coverage, Photo+Video Coverage, Full Event Coverage, Enterprise Event Coverage). Package names are for orientation; only the Scope in the offer/production order is binding.
2.7 “Express Coverage”: short on-site time windows (typically 60–90 minutes) if explicitly stated in the offer (e.g., as part of Quick Coverage).
2.8 “Onsite Engagement Manager”: optional on-site role (e.g., guest guidance / check-in & registration / routing) only if expressly booked in the Scope.

3. Contract formation / communication
3.1 Offers are non-binding unless expressly stated otherwise.
3.2 A contract is concluded by (a) written acceptance of the offer (email is sufficient), (b) a signed production order, or (c) a written PO, provided Midday Film confirms the booking in writing.
3.3 Project communication may take place via email. Material approvals/changes must be documented in writing.

4. Services / performance
4.1 Midday Film provides video and/or photography services in accordance with the Scope, including event documentation (e.g., keynotes, panels, interviews, networking, booth impressions) and a Brand-safe Asset Library for marketing, communications, and internal use.
4.2 Unless agreed otherwise, the calculated on-site window is up to 10 hours per production day (Full Event Coverage may be up to 12 hours if stated in the Scope). Overtime is an add-on subject to approval (Section 7).
4.3 Live streaming / live directing is not included in standard packages and is only owed if explicitly agreed in the Scope. Streaming requires suitable venue/network conditions; platform/embed, fallback and responsibilities are defined in the Scope.
4.4 Midday Film is free to choose equipment, crew setup and execution, provided the Scope objectives and agreed standards are met.

5. Dates / SLA / venue & access impacts
5.1 Dates and delivery windows follow the Scope. Fixed dates are binding only if confirmed as “fixed”.
5.2 SLA start: from final Wrap/Ingest. Venue/access delays (e.g., accreditation, access control, security, agenda shifts, network/signal) shift the on-site window and Wrap/Ingest accordingly; therefore the SLA start shifts as well.
5.3 Same-Day (if agreed in the Scope): delivery by 21:00, provided Wrap/Ingest is completed by 16:00. If Wrap/Ingest occurs later, delivery shifts accordingly.
5.4 Midday Film will inform the Client without undue delay if risks for on-site windows/delivery become apparent.
5.5 Force majeure / events beyond Midday Film’s control (e.g., official measures, strikes, venue infrastructure failure) may lead to reasonable adjustments of dates/SLA.

6. Client cooperation duties
6.1 The Client provides all information and prerequisites required for delivery in due time, in particular:
(a) an on-site contact with decision authority (approvals/access),
(b) access/accreditation/permits,
(c) brand/CI references (optional, accelerates consistency),
(d) agenda/speaker list/locations/slots (as applicable).
6.2 Delays or additional costs due to missing cooperation are borne by the Client, unless caused by Midday Film.
6.3 The Client is responsible for content instructions, approvals, legal notices and internal coordination (e.g., PR/legal/compliance), unless expressly agreed otherwise.

7. Add-ons / additional effort / change requests
7.1 Services outside the Scope (e.g., additional exports, subtitles, language versions, additional cuts/variants, extra edits, overtime, multi-day travel, extra capture slots, additional approval rounds) are add-ons and only owed after written approval.
7.2 Requests that are not defect remediation (“Change Requests”) are billed by time/material or according to an agreed add-on rate, unless included in the Scope.

8. Fees / travel costs / due dates
8.1 Fees follow the offer/Scope (net plus statutory VAT).
8.2 Travel/per diem, overtime, equipment/location/third-party costs (e.g., music licenses, voice-over, translation, platform fees) are included only if expressly included in the Scope; otherwise billed based on effort and approval.
8.3 Payment schedule (default unless the Scope states otherwise):
(a) 50% deposit upon booking,
(b) 50% upon delivery of the final Deliverables.
For longer productions, a milestone schedule (e.g., 1/3–1/3–1/3) may be agreed.
8.4 Invoices are due within 14 days without deduction. In the event of late payment, statutory rules on default interest and any statutory late payment charges may apply.

9. Acceptance / revisions / defects
9.1 Midday Film delivers Deliverables as defined in the Scope via download link or agreed storage destination.
9.2 The Client reviews Deliverables within 7 calendar days. If no written defect notice is received within that period, Deliverables are deemed accepted.
9.3 Minor deviations do not entitle the Client to refuse acceptance.
9.4 Defects must be described concretely. Midday Film has the right to cure within a reasonable period.
9.5 Revisions (unless the Scope states otherwise):
(a) Photo: 1 revision within selection/basic edit (e.g., brightness/color consistency) based on concrete feedback,
(b) Video: 1 revision round on the highlight/recap for Scope-aligned adjustments.
Further changes are Change Requests (Section 7).

10. Usage rights / raw material / client materials
10.1 Upon full payment, the Client receives the usage rights defined in the Scope for the final Deliverables for marketing and internal communications. If the Scope does not state otherwise: non-exclusive, worldwide, perpetual, for the Client’s own purposes; use by affiliated companies and by the Client’s agencies/service providers is permitted within the Client’s purposes.
10.2 The Client may use Deliverables in typical marketing workflows (e.g., excerpts, cropping/format adaptations, subtitling) provided the result is not defamatory, distorting, or materially misleading. Broader re-edits (e.g., extensive remastering from raw material) require a Scope agreement.
10.3 Raw material (footage/RAW) and project files are not part of standard delivery and are only owed if agreed as an add-on in the Scope.
10.4 The Client is responsible for rights in materials supplied by the Client (logos, music, graphics, photos, fonts, claims etc.) and shall indemnify Midday Film against third-party claims arising from such materials.

11. Personality rights / releases / speaker approvals
11.1 Where individuals are recognizable, the Client generally secures required speaker/participant approvals/releases via its internal process unless the Scope states otherwise.
11.2 If Midday Film is to manage releases/approvals, this must be agreed in writing as an add-on (Scope, templates, responsibilities).

12. Data protection / security / delivery / retention
12.1 Both parties comply with applicable data protection rules. If Midday Film processes personal data on behalf of the Client, the parties will enter into a data processing agreement (DPA/AVV) upon request.
12.2 Delivery/hand-over is provided via time-limited download link or to a Client-provided storage destination (as agreed).
12.3 Midday Film may retain project data/materials for 60 days after delivery. Longer archiving can be agreed for a separate fee.
12.4 The Client is responsible for long-term storage/backup of Deliverables after hand-over unless archiving has been agreed.

13. Reference use / portfolio (premium default)
13.1 Midday Film may use the Client’s name/logo/Deliverables as a reference (website, case studies, social media, pitches) only after written approval by the Client (email is sufficient) OR if reference use is expressly agreed in the Scope.
13.2 Confidentiality, embargoes and NDA rules take precedence.

14. Liability
14.1 Midday Film is liable without limitation for intent, gross negligence, and for injury to life, body or health.
14.2 In cases of simple negligence, Midday Film is liable only for breach of essential contractual obligations; in such case liability is limited to the typical, foreseeable damage.
14.3 Liability for failures/quality reductions caused by venue/network/signal conditions beyond Midday Film’s control is excluded, provided Midday Film offered or implemented a reasonable, Scope-compliant alternative approach.
14.4 Liability for lost profits, indirect damages and consequential damages is excluded in cases of simple negligence, to the extent legally permissible.

15. Cancellation / rescheduling
15.1 Rescheduling is possible subject to availability. Any already-booked third-party services (e.g., travel, equipment rental, subcontractors, licenses) must be reimbursed by the Client.
15.2 If the Client cancels a confirmed booking, Midday Film may charge liquidated damages (based on the net order value, less saved expenses) plus proven third-party/fixed costs:
(a) up to 14 days before on-site start: 20%
(b) 13–8 days: 40%
(c) 7–3 days: 70%
(d) within 48 hours before on-site start / no-show: 90–100% (depending on resources already committed)
15.3 The Client may prove that no damage or significantly lower damage occurred. Midday Film may prove higher damage.

16. Subcontractors / crew / replacement
16.1 Midday Film may use qualified subcontractors/freelancers to provide the services.
16.2 In the event of unavailability of individual crew members (e.g., illness), Midday Film may provide equivalent replacement.

17. Confidentiality
17.1 Both parties keep non-public project information confidential. Any additional NDA provisions, if agreed, take precedence.

18. Final provisions
18.1 German law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
18.2 Place of performance is Berlin, Germany.
18.3 Place of jurisdiction for all disputes arising out of or in connection with the contract is — to the extent legally permissible — Berlin, Germany.
18.4 If any provision of these T&Cs is or becomes invalid, the remaining provisions remain unaffected. The parties will replace the invalid provision with a valid one that best reflects the economic intent.