General Terms & Conditions

1. Scope and Provider

These General Terms and Conditions ("GTC") govern all current and future contracts between Light Records Entertainment, sole proprietorship owned by Gérard Fass, Jettaweg 4/1, 69118 Heidelberg, Germany (hereinafter "LRE"), and the client (hereinafter "Client"). Services provided by LRE may include, but are not limited to:

• Lighting design, concept development and technical lighting setup
• Technical lighting operation and on-set support
• Equipment rental and technical consulting
• Planning and pre-production services for film, TV, commercial and event productions
• Further services as separately agreed in writing

Deviating GTC of the Client apply only if LRE has expressly agreed to them in writing. The Client is obliged to inform LRE prior to contract conclusion about the intended use, location and any unusual or hazardous conditions (e.g. stunts, underwater, drone, extreme weather, conflict zones).

2. Contract Formation

All offers by LRE are non-binding. A contract is only concluded upon written order confirmation by LRE (email suffices) or upon actual performance of the service. Verbal agreements require written confirmation by LRE to be legally binding. LRE reserves the right to decline any order. Offers remain valid for 14 days from the date of issue.

Upon taking possession of any rented equipment, the Client must immediately inspect it for completeness and condition and report any defects in writing without delay. Acceptance without complaint constitutes confirmation of the equipment's proper condition. Risk of transport passes to the Client upon the equipment leaving the agreed collection point.

3. Fees and Pricing

3.1 Personnel Services

Fees for personnel services are agreed individually and stated exclusively in the respective written offer by LRE. Rates vary by production type (drama series, TV film, feature film, commercial, corporate, event), role and qualifications. All fees are net amounts plus statutory VAT (currently 19 %). Deviations from quoted prices (discounts, flat rates, instalments) require prior written agreement.

3.2 Working Hours & Surcharges

Standard working day: 10 hours including break; minimum billing: 8 hours per started day. All surcharges are calculated in addition to the agreed base fee. Hourly surcharges are based on 1/10 of the daily rate.

Sunday and public holiday surcharges cannot be offset against higher individually agreed fees. If a compensatory day off for Sunday work cannot be granted, an additional paid holiday day must be provided instead.

3.3 Equipment Rental

Rental rates are stated in the individual offer and vary by production type, rental period and scope. Rental period begins when equipment leaves LRE's premises and ends upon full return. Equipment returned after 10:00 or released before 14:00 is charged at the full daily rate. There is no obligation to use the equipment; all rental days are billed. Late returns are charged at the applicable daily rate without separate notice. Shipping, packaging, consumables and wear are invoiced separately. LRE may request a security deposit up to the full replacement value of the equipment.

4. Payment Terms

Invoices are due within 10 days of receipt without deduction. At LRE's sole discretion, a 2 % discount may be granted for payment received within 5 days. For ongoing productions, invoicing is monthly with payment due by the last day of the billing month.

The Client enters into default without further notice upon expiry of the payment deadline. LRE is then entitled to: charge interest at 9 percentage points above the ECB base rate (§§ 288(2), 247 BGB); charge a dunning fee of € 40 per reminder level; recover all collection costs; suspend ongoing services. Set-off is permitted only against undisputed or legally established claims. Retention rights exist only if the counterclaim arises from the same contractual relationship. LRE may withdraw from the contract and reclaim rented equipment in the event of insolvency or payment default on previous orders.

5. Invoicing

LRE invoices include: full names and addresses of both parties, VAT No. DE438786767, invoice date and number, service period and description, net amount, VAT rate and amount, gross total. Surcharges are itemised separately. The Client agrees to receive invoices, credits and reminders electronically. Objections to invoices must be submitted in writing within 5 business days of receipt; thereafter the invoice is deemed accepted.

6. Equipment & Client Obligations

All equipment provided by LRE remains the exclusive property of LRE (retention of title) until full payment of all outstanding amounts. The Client may not sell, pledge, transfer or sublease equipment without prior written consent from LRE. Commercial subletting is always subject to written approval. Equipment must be operated by qualified personnel only; applicable safety regulations must be observed at all times.

The Client must protect equipment from weather, mechanical stress and theft, and use appropriate packaging for transport. Use in conflict zones, for stunts, underwater, with drones or outside Germany requires prior written approval from LRE. Equipment must be returned undamaged, clean, fully operational and complete. LRE accepts returns subject to full inspection. The Client must proactively report any damage on return – even suspected damage. Repair attempts by the Client are strictly prohibited and make the Client liable for all resulting damage.

7. Client Liability for Equipment

The Client is liable from the time of handover until proper return to LRE's premises – including for slight negligence and accidental damage: (i) Loss or total damage: replacement cost of an equivalent new unit; rental continues until full payment; (ii) Damage: repair costs + depreciation + rental fee during repair period; (iii) Seizure: rental loss until return or replacement cost in case of total loss; (iv) If replacement is unavailable: maximum daily rate for up to 13 weeks.

Damage, loss, theft or accidents must be reported to LRE in writing immediately, no later than 48 hours after the event. In cases of theft or third-party damage, the Client must additionally file a police report and provide LRE with the reference number. The Client must cooperate fully in claims handling and provide a written statement upon LRE's request. The Client indemnifies LRE against all third-party claims arising from the Client's use of the equipment or breach of applicable law.

8. Insurance

Prior to the start of the rental, the Client must choose one of the following insurance options; if no option is selected, Option A applies by default:

Option A – LRE Insurance: LRE arranges all-risk equipment insurance. The deductible is € 600 per claim and is borne entirely by the Client. Not covered: theft, embezzlement, wilful damage, gross negligence, stunt use, drone use, use in or on any vehicle. The Client's liability is unlimited in these cases. Surcharge per individual offer.

Option B – Client's Own Insurance: The Client provides evidence of a valid all-risk insurance policy covering the rented equipment and any personnel in full, before rental begins. Proof by submission of the insurance certificate is mandatory. The Client assigns insurance claims to LRE as security for LRE's claims. Commercial subletting must always be covered by the Client's own insurance; Option A is excluded in this case.

Without a valid insurance option in place, LRE may refuse to hand over the equipment. The deductible and any uncovered damage are always borne by the Client.

9. Cancellation

Equipment: cancellation within 48 hours of agreed rental start: 50 % cancellation fee; cancellation on the day of release or early return: 100 % of full rental fee. Personnel – interior shoots cancelled before 20:00 the day prior: no charge; cancelled within 3 hours of scheduled call time: 1/3 daily rate; cancelled thereafter: full daily rate. The right to terminate for good cause remains unaffected.

10. Force Majeure

LRE is not liable for delays or non-performance caused by events beyond its reasonable control, including natural disasters, severe weather, supplier strikes, material shortages, government or regulatory action, pandemics (including COVID-19), or acts of terrorism, even if deadlines have been contractually agreed.

The Client may not claim that this agreement has become impossible, frustrated or terminated by force majeure solely because government or regulatory measures prevent the Client from fulfilling a third-party contract. All payment obligations under this agreement remain in force in such cases. LRE will notify the Client without delay of any force majeure event. Services already rendered must be paid in full.

11. LRE's Liability

LRE makes no warranty that the rented equipment is fit for the Client's intended purpose. LRE is liable for damage caused by wilful misconduct or gross negligence, for injury to life, body or health, and for breach of material contractual obligations. In all other cases, liability is limited to the amount of one day's rental fee. LRE is not liable for indirect or consequential loss, loss of profit, production downtime or loss of use. LRE accepts no liability for the Client's own materials or equipment stored on LRE's premises. LRE is not liable for loss or damage to unique materials (recordings, data) produced using rented equipment; the Client indemnifies LRE against any resulting third-party claims.

12. Confidentiality & Data Protection

Both parties undertake to keep confidential all business secrets and production-related information, including after the end of the contractual relationship. Client data is processed solely for the purpose of contract performance and – with revocable consent – for information about LRE's products and services. Electronic invoicing (invoices, credits, reminders) is accepted. Data is processed in accordance with the GDPR and the German Federal Data Protection Act (BDSG).

13. Governing Law & Jurisdiction

These GTC and all contracts are governed exclusively by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). The place of performance for all LRE services is Heidelberg. To the extent legally permissible, the exclusive place of jurisdiction is Heidelberg. LRE reserves the right to sue the Client at the Client's general place of jurisdiction.

14. Final Provisions

Amendments and supplements to these GTC require written form; this applies equally to the waiver of the written form requirement itself. Should any provision be wholly or partially invalid, the validity of the remaining provisions is unaffected. The invalid provision shall be replaced by a valid provision that comes closest to its economic purpose (severability clause). These GTC supersede all previous versions and apply to all contracts concluded on or after 1 May 2025.