The production of photos, films, and videos (hereinafter referred to as "recordings") as well as the granting of usage rights by KME GmbH (hereinafter referred to as "KME GmbH") are carried out exclusively on the basis of the following conditions.

The contractual agreement regarding the production of recordings is hereinafter referred to as the Production Contract. The contractual agreement regarding the granting of usage rights is hereinafter referred to as the License Agreement.
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These conditions apply to all future production and license agreements, unless expressly agreed otherwise in writing, and even if they are not explicitly included in subsequent agreements.

These General Terms and Conditions apply from September 15, 2026. All previous General Terms and Conditions lose their validity from this date.

Terms and conditions of the client that deviate from the following conditions are not recognized. Such deviating terms and conditions shall not become part of the contract, even if KME GmbH does not expressly object to them.

Production orders involve the creation of recordings on behalf of the client.

Cost estimates provided by KME GmbH are always non-binding. KME GmbH is only required to notify the client of an overrun of the costs stated in the estimate if the total costs originally estimated are expected to be exceeded by more than 15%. If the use of props from KME GmbH's inventory is necessary for the production of the recordings, a reasonable flat fee for the use of these props will be included in the cost estimate.

Where third-party services are required for order processing or contracts with third parties (e.g., models, makeup artists, stylists, location owners, etc.) must be concluded, KME GmbH will enter into the corresponding obligations with third parties in its own name and for its own account.

To produce the recordings, KME GmbH may utilize the assistance of third parties and, in particular, commission external photographers/filmmakers, etc., who are not employed by KME GmbH.

In the event that the photographer/filmmaker scheduled for production is unavailable due to illness, force majeure, or comparable circumstances, KME GmbH is entitled to appoint a suitable external photographer, filmmaker, etc., as a replacement, taking into account the agreed production purpose.

KME GmbH ensures that the authors involved in the production have granted the necessary usage rights to fulfill the obligations assumed toward the client.

The client's briefing forms the basis for the recordings and cost estimates to be produced by KME GmbH. The client must provide the briefing to KME GmbH in full, in its final form, and in text format (e.g., as written meeting minutes, via email, etc.).
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In the event that the client does not provide a briefing in text format, the pre-production meeting (PPM), previous email correspondence between the client and KME GmbH, as well as meeting minutes and phone notes prepared by KME GmbH staff regarding the PPM, shall form the basis for the production of the recordings.

For film, video, and other audiovisual productions, the briefing includes, where applicable, the treatment, script, storyboard, shot list, schedule, editing concept, and other creative and technical specifications recorded in text format, provided these have been confirmed or approved by the client. The confirmed or approved content forms the binding basis for further production.

If the client is responsible for providing information, goods (e.g., products, recipes, etc.), approvals, or other tasks relevant to the production (e.g., booking models, locations, or catering), the client must ensure that delivery, provision, access to locations, and the arrival of models, etc., occur in a timely manner so that production can begin punctually at the agreed time.

As soon as the client becomes aware that timely delivery, provision, access to locations, or the arrival of models, etc., is not possible, they must notify KME GmbH immediately. If this results in a delay to the production and the cause of this delay lies within the client's sphere of responsibility, the client shall bear the costs incurred due to the delay (e.g., additional hotel nights, location days, bookings for models, stylists, makeup artists, assistants, rebooking fees, etc.). Costs incurred due to the delay also include the fee, for which the provisions in Section 4.6 apply.

The client must ensure that they or an authorized representative are present during the production of the recordings. If neither the client nor an authorized representative is present, the client must ensure that they or an authorized representative remain reachable by KME GmbH at all times, at least by phone or electronic communication (e.g., email, SMS, WhatsApp, etc.), for short-notice coordination and decision-making.

For recordings of people and recordings of objects subject to third-party copyright, design, trademark, property, or house rights, as well as other third-party rights, the following applies:

a) To the extent that the booking of models, locations, external photographers, and/or the selection of other objects is carried out by KME GmbH, KME GmbH will obtain the necessary consent from the respective rights holders before the recordings are made. KME GmbH shall indemnify the client against third-party claims resulting from a culpable breach of this obligation. The obligation to indemnify does not apply if KME GmbH proves that it is not at fault. KME GmbH will inform the client about the obtaining of consents and provide proof of the rights obtained. The briefing or the agreed scope of use is decisive for the scope of the rights to be obtained. If the client subsequently changes or expands the type, scope, duration, territory, or media of the intended use, they are obligated to inform KME GmbH of this before commencing the expanded use. Obtaining a necessary expansion of third-party rights requires a separate order from the client as well as prior approval of the costs indicated for this in the KME GmbH offer.

b) In the event that models, locations, and/or objects are booked by KME GmbH, KME GmbH will also handle further rights management. KME GmbH exclusively negotiates the extension of usage rights regarding the models, locations, etc., booked by KME GmbH with the respective rights holders. KME GmbH will only undertake such rights extensions if the client has previously commissioned it to do so and has previously approved the costs indicated for this in the KME GmbH offer.

c) To the extent that the booking of models, locations, and/or the selection of objects is carried out by the client, the client will obtain the necessary consent from the respective rights holders before the recordings are made. The client shall indemnify KME GmbH against third-party claims resulting from a breach of this obligation. The obligation to indemnify does not apply if the client proves that they are not at fault. In the event that models, locations, and/or objects are booked by the client themselves, the client must organize rights management themselves and, in particular, obtain the extension of usage rights themselves.

d) To the extent that rights to music, voice recordings, performances, stock material, footage, or other third-party content are required for film, video, or other audiovisual productions, the above regulations regarding rights clearance apply accordingly. The scope and duration of the rights to be obtained by KME GmbH are determined by the agreed scope of use and the conditions of the respective rights holder.

KME GmbH may handle items provided by the client for production as follows:
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If the items provided by the client are perishable goods (e.g., food), they will be disposed of by KME GmbH after the production is completed.

Non-perishable items will be returned to the client at the client's expense after the production is completed. If a return is not possible or the parties agree on a pickup, KME GmbH may request that the client pick up the items within a reasonable period. After the unsuccessful expiration of this period, KME GmbH is entitled to dispose of the items at the client's expense, provided that it has previously informed the client of this legal consequence.

KME GmbH selects the recordings it presents to the client for acceptance after the production is completed.

For film, video, and other audiovisual productions, KME GmbH determines, within the binding requirements of the briefing, in particular the selection of the recorded material, the editing, the sequence of shots, and the other creative execution of the final version. Agreed-upon approval, correction, or coordination stages remain unaffected by this.

Usage rights are granted, subject to full payment, only for the selected or finally completed recordings that the client accepts as being in accordance with the contract.

KME GmbH and the photographers, filmmakers, or other creative service providers it employs have artistic freedom in the creation of the recordings, provided that the client's binding requirements from the briefing, PPM, and/or verbal or telephone instructions are observed. Complaints and/or notices of defects regarding the artistic creative scope exercised within these requirements are therefore excluded. Subsequent change requests by the client require a separate agreement and must be compensated separately.

If the client or an authorized representative is present during the production of the recordings, they must immediately inspect the recordings presented for review during production for any recognizable defects, to the extent possible and reasonable under the circumstances, and notify KME GmbH of these immediately so that KME GmbH has the opportunity to rectify them or create new recordings. If a notice of defect is not provided immediately, the recordings in question shall be deemed accepted with regard to defects recognizable during this inspection.
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If neither the client nor an authorized representative is present during the production of the recordings, KME GmbH will send the completed recordings intended for acceptance to the client via electronic data transmission after they have been created. The client must immediately inspect the transmitted recordings for recognizable defects.

The client must notify KME GmbH of any defects in text form immediately, but no later than 14 days after receipt of the recordings intended for acceptance, and describe the reported defects with sufficient specificity. After this period has expired, the recordings shall be deemed accepted if the client has not refused acceptance within the period by specifying at least one defect.

KME GmbH will provide the client with the selected analog and digital recordings, as well as the associated data, files, and storage media (recording material), upon completion of the order. The parties shall mutually determine the data format. If no determination is made, KME GmbH may select a suitable data format and storage medium. The provision of RAW files or comparable raw data formats requires a separate agreement in text form. The provision of project files, editing projects, open Photoshop, InDesign, or After Effects files, working files, intermediate versions, and unselected recordings is also not owed unless otherwise agreed in text form.

KME GmbH is not obligated to store or archive the recording material after it has been handed over. Any temporary storage that may occur does not establish an obligation to store the material.

If the client wishes for the recording material to be stored, this must be agreed upon separately between the client and KME GmbH by contract and in exchange for a storage fee.

The transfer of digital recordings via remote data transmission or on storage media is only permitted to the extent that the exercise of the granted usage rights requires this form of reproduction and distribution.

The recordings may only be archived digitally for the client's own purposes and only for the duration of the usage rights. Storing the recordings in online databases or other digital archives accessible to third parties requires a separate agreement between KME GmbH and the client.

The EXIF, IPTC, XMP, and/or other metadata, as well as copyright information contained in the image files, must not be altered or removed by the client. To the extent technically possible and reasonable, the client must take appropriate measures to ensure that this data is preserved during any data transmission, transfer of image data to other storage media, display on a screen, or public reproduction. This applies in particular to copyright information and machine-readable notices regarding the exclusion of text and data mining or AI training (opt-out notices).

For recordings from production orders, KME GmbH receives the contractually agreed fee.
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If the fee has not been expressly agreed upon in the contract, KME GmbH's fee is based on its previously written cost estimate.

If the client changes or expands the agreed scope of services after the contract has been concluded, particularly regarding the type, scope, or number of recordings to be produced or the production services to be provided for this purpose, the resulting additional effort must be compensated separately. This also applies if such a change or expansion extends the production time scheduled or agreed upon for the production. In the case of an agreed flat-rate fee, this shall increase in accordance with the additional effort; in the case of an agreed hourly or daily rate, the additional time expenditure will be calculated based on the agreed hourly or daily rate. The client shall bear any incidental costs that arise or increase due to the change or expansion of the scope of services in accordance with Section 4.3.

In addition to the fee owed, the client must reimburse the incidental costs incurred by KME GmbH in connection with the execution of the order (e.g., film material, laboratory costs, costs for digital image processing, model fees, travel expenses, props, catering, location fees, permits, etc.).

For film, video, and other audiovisual productions, incidental costs also include, in particular, costs for music and stock licenses, voice-over artists, actors, sound recordings, sound studios, editing, color grading, animations, subtitling, and other external services required in connection with the production.

The client may terminate the production contract at any time without cause until the agreed service has been completed. In this case, KME GmbH retains the right to the agreed remuneration. However, it must allow for the deduction of expenses saved as a result of the contract termination or what it earns or maliciously fails to earn through other use of its labor (Section 648 of the German Civil Code (BGB)).

The right of both contracting parties to terminate for good cause remains unaffected. In the event of termination for good cause, the statutory legal consequences apply, in particular Section 648a BGB.

The provisions of this section apply to the cancellation of scheduled recording work without the production contract being terminated by the client in accordance with Section 4.3:

a) If the production cannot be carried out due to force majeure, unavoidable weather conditions, or other circumstances for which neither party is responsible, the services provided by KME GmbH up to that point in accordance with the contract must be compensated, and any incidental costs already incurred or that cannot be canceled with third parties must be reimbursed. The parties will coordinate on a replacement date. For the execution of the production on a replacement date, KME GmbH may demand new remuneration for the resulting additional effort.

‍b) If the production cannot be carried out due to a circumstance for which the client is responsible or due to a circumstance that, according to the contract, falls within their sphere of organization or risk, KME GmbH is entitled to the agreed remuneration. However, KME GmbH must allow for the deduction of expenses saved as a result of the cancellation or what it earns or maliciously fails to earn through other use of its labor.

‍c) Incidental costs already incurred or that cannot be canceled with third parties must be additionally reimbursed by the client, provided they are not already part of the agreed remuneration.

‍d) The unavailability of a photographer, filmmaker, or other employee scheduled for the production does not lead to a cancellation of the production if KME GmbH can provide a suitable replacement, taking into account the agreed purpose of the production.

If the production time scheduled or agreed upon for the recording work is exceeded for reasons for which KME GmbH is not responsible, the resulting additional time expenditure must be compensated separately. In the case of an agreed flat-rate fee, this shall increase in accordance with the additional effort; in the case of an agreed hourly or daily rate, the additional production time will be calculated based on the agreed hourly or daily rate.

In addition, the client shall bear any incidental costs that arise or increase due to the time overrun, in particular additional costs for models, stylists, makeup artists, assistants, locations, equipment, or other production participants.

Before production begins, KME GmbH may require the client to pay an advance on costs, which must be received in the account specified by KME GmbH no later than one week before production starts.
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For productions taking place in KME GmbH's in-house studio, KME GmbH may require an advance on costs amounting to 30% of the total production costs.
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For productions taking place off-site and not in KME GmbH's in-house studio, KME GmbH may require an advance on costs amounting to 50% of the total production costs.

After the recordings are completed, KME GmbH may require the client to pay a further installment of 30% of the total production costs.
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The remaining production costs, after deduction of the advances and installments, become due for payment upon transmission of the completed recordings intended for acceptance in accordance with Section 2.10. Furthermore, KME GmbH is entitled to demand reasonable advances on anticipated incidental costs before production begins.

The client acquires the copyright usage rights to the recordings only upon full payment of all production costs.

All fees, charges, and costs are subject to the applicable statutory value-added tax. Insofar as the statutory reverse-charge procedure applies to services provided to clients based abroad, the invoice will be issued in accordance with statutory requirements without German value-added tax.

If KME GmbH incurs a Künstlersozialabgabe (artists' social security contribution) in connection with external services required for the order, this must be reimbursed by the client in the actual statutory amount incurred.

The client acquires usage rights to the recordings only to the extent individually agreed upon in the contract. Unless expressly agreed otherwise, the client only acquires simple, non-exclusive usage rights to the recordings. Any use beyond this requires a separate agreement in text form and must be remunerated separately. Ownership rights are not transferred.

Regardless of the scope of the usage rights granted in each individual case, KME GmbH remains entitled to use the recordings it has produced for its own self-promotion in all media, as well as in exhibitions, competitions, art projects, and book projects. KME GmbH may also use outtakes, parallel shots, and other recordings not used by the client for its own self-promotion, but not before the client has first published recordings from the production in question.

KME GmbH may also use recordings utilized by the client for its own self-promotion and will only begin doing so after the client has published the recordings.
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To the extent that rights are required for the agreed self-promotion, the procurement of which is the responsibility of the client pursuant to Section 2.6, the client shall provide KME GmbH with the necessary rights.
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KME GmbH is entitled to name and reproduce the client's trademarks and other identifiers for reference purposes.

The transfer and/or granting of the usage rights acquired by the client to third parties—even if they are group companies or subsidiaries of the client—requires the prior written consent of KME GmbH.

The use of the recordings on social media platforms (e.g., Instagram, Facebook, TikTok, LinkedIn, or comparable platforms) requires a separate agreement, unless usage rights for social media platforms have already been expressly granted. The client is aware that operators of social media platforms regularly require comprehensive usage rights to uploaded content as part of their terms of service and can technically process, reproduce, and make content accessible to third parties.

When using the recordings on social media platforms, the client must maintain existing technical protection measures, metadata, and opt-out notices of KME GmbH, as far as technically possible and reasonable.

The use of the recordings is generally only permitted in their original version. Any modification or alteration (e.g., montage, photographic manipulation, colorization) and any change in image reproduction (e.g., publication in excerpts) requires the prior consent of KME GmbH. Excluded from this are only technically necessary adjustments to format, size, and resolution, provided that the image's message and creative character are not altered.

The recordings may also not be used as a template for staged shots, illustrations, graphic representations, or other works or content based on the recordings without the prior consent of KME GmbH.

For film, video, and other audiovisual recordings, the modification of the edit or the sequence of individual scenes, the removal or addition of individual image or sound elements, dubbing, synchronization, subtitling, color grading beyond mere technical corrections, and the extraction and independent use of individual still images are considered processing or alteration and require the prior consent of KME GmbH, unless these uses have already been expressly agreed upon.

The recordings provided to the client, including their metadata, may not, without the prior consent of KME GmbH, be

‍a) used for the training, development, or optimization of artificial intelligence systems (AI systems),

‍b) fed into datasets, databases, or other collections intended for AI systems or for the purposes of text and data mining,

‍c) made accessible to third parties specifically for the purpose of AI training, AI development, or text and data mining.

The above restrictions also apply to the use of image components, metadata, and data, datasets, or other machine-readable information derived from the recordings.

Excluded from this is the publication of the recordings in accordance with the contract, particularly on the internet and—provided usage rights have been granted for this purpose—on social media, provided the publication does not serve the purpose of making the recordings available for AI systems or for text and data mining purposes.

The client may neither remove nor alter any notices, metadata, or other machine-readable information applied by KME GmbH that prohibit the use of the recordings for text and data mining or AI training purposes (opt-out notices). As far as technically possible and reasonable, the client must maintain such opt-out notices when publishing the recordings in accordance with the contract.

The granting of corresponding usage rights requires a separate agreement and remuneration.

Every publication of an image must—as far as technically possible and customary in the industry—be provided with the following copyright credit: "KME Studios / Photo: (insert name of photographer)".

The credit should be placed as close to the image as possible. If this is not possible or reasonable for technical or visual reasons, the copyright credit should be provided in the manner customary in the industry, ensuring clear attribution to the respective image.

When storing the recordings digitally, the copyright credit must be electronically linked to the image data. The client must use suitable technical means to ensure that this link is maintained during every data transmission, every transfer of image data to other storage media, every display on a screen, and every public display, and that the creator of the recording can be identified as such.

For film, video, and other audiovisual productions, the credit "KME Studios / Film: (insert name of filmmaker/director)" must be included, provided this is technically possible and customary in the industry for the respective type of use.

The client is obligated to provide KME GmbH with a specimen copy or corresponding proof of use (e.g., print edition, digital file, or internet link) free of charge within a reasonable period upon request.

KME GmbH is liable for damages resulting from an intentional or grossly negligent breach of duty by KME GmbH, its legal representatives, or its vicarious agents. In the event of a slightly negligent breach of essential contractual obligations (cardinal obligations), KME GmbH is only liable for the foreseeable damage typical of the contract. In this case, liability is limited to the amount of the total fee agreed for KME GmbH's own services, excluding incidental costs pursuant to Section 4.3.

The above limitations of liability do not apply to damages resulting from injury to life, limb, or health, or where liability exists due to mandatory statutory provisions.

If, in an individual case and contrary to Section 2.2, KME GmbH enters into a contract with third parties on behalf of and for the account of the client based on a corresponding power of attorney, it shall not be liable for the services and work results of the commissioned persons and companies. KME GmbH's liability for its own fault in the selection or commissioning of the third party remains unaffected.

KME GmbH is not liable for the manner in which the images it provides are used. In particular, it is not liable for the legality of the use under competition or trademark law. KME GmbH is not liable for the client exceeding the scope of third-party rights obtained and verified by KME GmbH for the client pursuant to Section 2.6, whether in terms of geography, time, or content.

If the client insists on the depiction or use of persons and/or objects for which the necessary third-party rights are not available or not available to the required extent, despite being advised otherwise by KME GmbH, the client bears the legal risk for the use they have initiated and shall indemnify KME GmbH against any resulting third-party claims, provided the client is responsible for the lack of rights clearance.

Claims by the client arising from a breach of duty by KME GmbH or its vicarious agents shall become statute-barred within one year from the statutory commencement of the limitation period. This does not apply to claims based on intentional or grossly negligent breaches of duty, claims for injury to life, limb, or health, or claims for which a reduction of the limitation period is not permitted under mandatory statutory provisions. The statutory limitation periods apply to these claims.

If the client culpably violates the granted usage rights or any of the obligations specified in Section 9.2, KME GmbH is entitled to demand a contractual penalty in accordance with the following provisions.

A breach occurs in particular if:

‍a) an image is used outside the contractually granted scope of use (particularly regarding the purpose, medium, duration, or geographic area); such use requires the prior consent of KME GmbH, or

‍b) an image is edited or modified without the required consent contrary to Section 5.5, or if usage rights are transferred to or granted to third parties contrary to Section 5.3;

‍c) the author credit required under Section 6 is omitted;

‍d) author, EXIF, IPTC, or XMP metadata are removed or altered contrary to Section 3.4;

‍e) an image is used for AI training or text and data mining purposes contrary to Section 5.6, or if existing opt-out notices are removed or altered contrary to Section 3.4 or Section 5.6.

In the event of a breach under Section 9.2 c), the contractual penalty shall be equal to the usage fee. For breaches under Section 9.2 a), b), d), and e), the contractual penalty shall be twice the usage fee. If no separate usage fee has been agreed, the usage fee shall be deemed to be:

a) the portion of the agreed total remuneration attributable to the granting of usage rights, or

b) if no such portion is determined, the license fee customary in the industry for the relevant type of use; for photographs, industry-standard remuneration recommendations such as the MFM image fee schedules may be used as a reference.

A contractual penalty shall be incurred only once per image and per uniform usage event, even if several of the circumstances mentioned in Section 9.2 are fulfilled simultaneously.

The total of all contractual penalties arising from the same order is limited to three times the agreed total remuneration.

The right to claim further damages remains unaffected. Any contractual penalty paid shall be credited against any potential claim for damages.

The invalidity or unenforceability of individual clauses in these terms and conditions shall not affect the validity of the remaining clauses.
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Individual agreements take precedence. Amendments and additions to this agreement should be made in text form for evidentiary purposes.
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The laws of the Federal Republic of Germany apply, including for deliveries abroad. The place of performance is Rosenheim.

If the client is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction for all disputes arising from and in connection with the contractual relationship shall be the registered office of KME GmbH. If the client does not have a general place of jurisdiction in the Federal Republic of Germany, the registered office of KME GmbH is also agreed as the place of jurisdiction, to the extent permitted by law.