Austrian / EU version below

GENERAL TERMS AND CONDITIONS

1. Scope of Agreement

1.1. These General Terms and Conditions "GTC" apply - even without reference in individual cases - to all legal transactions of Randall Media Factory Ltd. "Producer" with business partners (the "Client"). They are basically de- signed for legal transactions between entrepreneurs and are an essential part of every offer and every contract between the Producer and Client.

1.2. If, in exceptional cases, they are also the basis for legal transactions with consumers within the meaning of the The Consumer Rights Act 2015 in the currently valid version, they shall only apply insofar as they do not contradict the provisions of the first main section of this Act.

1.3. Any cancellation, amendment or modification of these GTC or of contracts between the Producer and the Client must be made in writing to be valid. This also applies to a possible derogation from the written form requirement.

1.4. Agents, employees or other persons attributable to the Producer are not authorised to make declarations that deviate from these GTC or other declarations of the Producer.

1.5. Any terms and conditions of a client that deviate from these GTC shall only become an integral part of the contract - even if they are sent - if expressly agreed separately in writing.

1.6. Oral statements require signed written confirmation.

2. Scope of Services, Orders and Obligations of the Client

2.1. All services of the Producer are provided against payment. Only the preparation of performance schedules as well as time schedules and cost schedules necessary for the submission of an offer is free of charge.

2.2. Any request of the Client to prepare a concept with preliminary designs is considered to be an order to provide a defined content. The payment of a concept fee does not grant any rights of use to the Client. With the realisation of the concept, a concept order is deemed to have been accepted and fulfilled. Concept orders are also based on these GTC. The linguistic and graphic parts of the concept are subject to the protection of the Copyright, Designs and Patents Act 1988.

2.3. If a concept, a scene board, a storyboard or a pre-existing film work is made available by the client or their authorised representative, all rights thereto are transferred to the Producer.

2.4. Any film/photo is produced on the basis of the concept accepted by the Client and the Producer under the conditions laid down in writing in the production contract or the accepted offer. The order placed is a copyright contract for work, which is aimed at granting rights of use for the work.

2.5. The Producer is only legally bound by the written acceptance of the offer or the signing of the production contract. With this, these GTC are also accepted. A confirmation by fax or e-mail is to be considered equivalent to a written confirmation.

2.6. The Client shall ensure that all documents and circumstances necessary for the optimal fulfillment of the order are made available to the Producer in a timely and complete manner. The Client is obliged to check the documents made available for the execution of the order for any copyrights, trademark rights, identification rights or other rights of third parties and guarantees that the documents are free from rights of third parties and can therefore be used for the intended purpose. If a third party raises claims against the Producer because of such a violation of rights, the Client shall indemnify and hold the Producer harmless. The Client shall compensate the Producer for all damage, disadvantages and losses that arise for them due to a third party claim, in particular the costs of an appropriate legal representation.

2.7. Furthermore, the Client must ensure that the necessary filming/photography permits are obtained. This includes, in particular, permission to film/ photograph on the occasion of public events and permission to film/ photograph people present at such events (e.g. spectators).

2.8. Preliminary work, filming/photography and similar work shall commence at the earliest after confirmation of the offer or signature of the production contract. The Producer shall inform the Client of the location and planned schedule of the preparatory work, shooting and post-production.

2.9. The Producer is responsible for the artistic and technical design of the work. The Producer reserves the right to choose the post-production workflow for themselves and therefore to determine it. Especially music, sound design and colour correction are affected by this. Complaints regarding the artistic design are excluded. Acceptance by the Client or their authorised representative means approval of the artistic and technical quality.

2.10. If, for artistic or technical reasons, the Producer proposes changes to the already agreed concept which lead to additional costs compared to the originally agreed production price, these require the prior written consent of the Client or their authorised representative. Additional costs not expressly approved may not be claimed.

2.11. The Client is entitled to 2 (two) further post-processing phases for correction after submission of the first demonstration version. This does not include changes to the time schedule, the script, the concept, the screenplay or the already produced parts of the film/photograph. These changes are at the expense of the Client, unless it is a matter of asserting justified complaints.

2.12. If the Client wishes to make changes after acceptance of the film/photograph, he/she must inform the Producer in writing of the desired changes. The Producer alone is entitled to make changes. Such changes are at the expense of the client.

2.13. If foreign-language versions of the film are to be produced by synchronisation or subtitling, an additional agreement between the parties must be executed.

3. Deadlines

3.1. Unless expressly agreed as binding, delivery or performance deadlines are only approximate and are not binding. Binding date agreements must be confirmed in writing by the Producer.

3.2. If the performance of the Producer is delayed for reasons for which they are not responsible, such as force majeure and other unforeseeable events that cannot be avoided by reasonable means, the performance obligations shall be suspended for the duration and to the extent of the obstacle and the deadlines shall be extended accordingly. If such delays last more than 2 (two) months, the Client and the Producer are entitled to withdraw from the contract.

4. Engagement of Third Parties

4.1. The Producer is entitled at their own discretion to carry out the services themselves, to make use of competent third parties as vicarious agents for the provision of contractual services and/or to substitute such services.

4.2. The engagement of third parties within the scope of an external service is carried out either in their own name or in the name of the Client. The Producer shall carefully select this third party and ensure that he/she has the necessary professional qualifications.

4.3. If the Producer orders necessary or agreed external services, the respective contractors are not vicarious agents of the Producer.

4.4. The Client shall enter into obligations towards third parties which extend beyond the term of this Agreement. This also applies expressly in the event of termination of this Agreement for good cause.

5. Withdrawal by the Client

5.1. If the production order has been placed and the Client withdraws from the order between 14 (fourteen) and 10 (ten) days prior to the first day of shooting without any fault on the part of the Producer, the Client shall not incur any withdrawal costs.

5.2. If the Client withdraws without fault of the Producer in the period between 9 (nine) days and 5 (five) days before the first day of shooting, 50% (fifty per- cent) of the agreed fee is due.

5.3. If the Client withdraws from the contract after that time without any fault on the part of the Producer, 100% (one hundred percent) of the agreed fee is due.

6. Producer’s Fee

6.1. The Producer shall send the Client a non-binding written offer. After confirmation of the offer, unless otherwise agreed in writing, the Producer's claim to remuneration for each individual service shall arise upon completion of the work, without prejudice to the Producer's right to an advance payment in accordance with clause 7.1 and to cash advance in accordance with clause 7.5.

6.2. Unless otherwise agreed or unless otherwise stated in the offer, the agreed price includes filming/photography, using standard film/photo equipment, editing and post-production within 30 (thirty) days, as well as 2 (two) additional post-production phases for correction. Each additional post- production phase will be charged at the hourly rate stated in the offer. Unless otherwise agreed in writing, the film shall be delivered in HD 1920 x 1080 pixel format; file format .mp4 optimised for YouTube, Facebook, Instagram and the Client's website. Photos are supplied as .jpg and .tiff.

6.3. Not included in the price are taxes, travel and accommodation costs.

6.4. Costs that were not foreseeable and therefore not included in the offer can be charged to the Client subsequently. Especially, postponements of shooting due to weather conditions are not included in the calculated production costs. Additional costs arising from this title shall be invoiced according to documented expenditure.

6.5. A separate contract can be concluded for the production of a concept, a scene board or a storyboard. The price agreed in such separate contract is to be paid by the Client even if they do not have the concept, scene board or storyboard filmed/photographed or withdraws from the order.

6.6. The production of music matching the theme of the film is charged at a minimum of 1⁄2 (one half) shooting day. If the music is obtained from third party sources, it must be delivered by the Client by the beginning of the editing process.

6.7. The use of models, actors and special equipment must be approved by both parties. The costs for this will be borne by the Client.

6.8. If the Client demands the conclusion of a specific insurance policy, they must inform the Producer of this at the latest upon conclusion of this Agreement and reimburse the costs for this.

6.9. The Client shall bear the costs for any technical advice they may have arranged.

7. Terms of Payment

7.1. The fee is due for payment within 14 (fourteen) days of receipt of the invoice, without deduction of a discount, unless special payment conditions are agreed in writing in individual cases. The Producer is entitled to invoice a down payment of up to 50% (fifty percent) of the agreed fee before the start of the work. Such advance payments are due for payment at the latest 14 (fourteen) days before the agreed start of the service and must be received in the Producer's account by then.

7.2. In case of default of payment by the Client, the currently applicable default interest according to the UK Government guidelines will be charged from the day the payment target is exceeded. Furthermore, in the event of default of payment, the Client undertakes to reimburse the Producer for the reminder and collection expenses incurred, insofar as they are necessary for appropriate legal enforcement. The assertion of further rights and claims remains unaffected.

7.3. The Producer is not obliged to provide any further services until the outstanding amount is paid. The obligation to pay fees remains unaffected.

7.4. The Client is not entitled to set off their own claims against claims of the Producer, unless the Client's claim has been acknowledged by the Producer in writing or has been legally established by a court of law.

7.5. The Producer is entitled to demand (cash) advances to cover his expenses. From an order volume with an (annual) budget of £10,000. (ten thousand pounds), or such that is spread over a longer period of time, the Producer is entitled to draw up interim accounts or advance invoices or to call up payments on account.

8. Warranty and Liability

8.1. The Producer warrants the proper and timely execution of the transferred agendas. They undertake to deliver a technically faultless broadcast copy and expressly warrants that the production is of the highest possible sound and image quality. No liability is accepted for improper further processing by third parties.

8.2. The Client must make any complaints in writing within 3 (three) working days of the date of performance by the Producer and must give reasons for them. The reversal of the burden of proof is excluded. In case of justified and timely complaints, the Client is entitled to rectification of the performance by the Producer.

8.3. Material defects which are acknowledged by the Producer shall be remedied by them. If these corrections cannot be carried out without the cooperation of the Client or their expert adviser, the Producer can consider the contract fulfilled after the fruitless expiry of a period of 2 (two) weeks set for the execution of the corresponding action. Costs arising from recourse to third parties despite the producer's willingness to remedy defects, shall be borne by the Client.

8.4. A claim for rectification of defects expires after 6 (six) months. The Producer is entitled to refuse to remedy the defects until the payments due at the time of correction have been made.

8.5. If, during the production of the film/photographs, a circumstance occurs which makes it impossible to produce the film/photos in accordance with the contract, the Producer is only responsible for intent and gross negligence up to the amount of their fee. The impossibility of production or untimely completion of the film/photos, for which neither the Producer nor the Client is responsible, only entitles the Client to withdraw from the Agreement. However, the services performed so far will be invoiced and have to be paid.

8.6. The liability of the Producer for slight negligence is excluded, with the exception of liability for personal injury. In addition, liability for loss of profit, for consequential damages as well as pure financial losses is also excluded in the case of gross negligence.

8.7. The Client bears the full risk for the information, media, props and other materials provided by them.

8.8. The Client is expressly responsible for compliance with the statutory regulations, in particular those relating to competition law, in the service proposed by the Producer. In particular, the Client will only release a concept proposed by the Producer if they have assured themselves of its unobjectionability under competition law or if they are prepared to bear the risk associated with the implementation of the measure themselves. The Client undertakes to indemnify and hold the Producer harmless in this respect.

9. Copyrights and License

9.1. Pursuant to the Copyright, Designs and Patents Act 1988, the Producer holds all necessary copyrighted exploitation rights (except if they are held by a collecting society), in particular the reproduction, distribution, broadcasting, performance and ancillary copyrights necessary for the performance of the Agreement, which are also administered by the Producer after completion of the work. All services of the Producer as well as individual parts thereof remain the intellectual property of the Producer.

9.2. By paying the full fee, the Client acquires only the non-exclusive right (permission to use the work) to make the finished work publicly accessible for their own purposes on the Internet through their own channels (Facebook, YouTube, Instagram, their own website etc.). However, the works may not be made available for download to third parties. The latter requires an explicit agreement, which also contains a regulation on the remuneration. If further restrictions have been agreed between the parties to the Agreement, these further restrictions (e.g. exclusive use of the Work on the Client’s own social media channels only) shall apply.

9.3. Furthermore, the Client is entitled to present the work at their own events organised by them and held under their name.

9.4. The Producer must be named as the author in each case.

9.5. The express written consent of the Producer is required for any further use of the work or other services of the Producer.

9.6. Excluded from the granting of rights are in any case the drafts, elaborations, computer data and raw data as well as rights to duplication, processing, alteration, supplementation, foreign-language synchronisation and the use of excerpts in picture and/or sound, unless they are expressly agreed by contract and compensated separately.

9.7. The Client expressly agrees that the legally required notifications to the relevant collecting societies are made by the Producer.

9.8. The Client is obliged to report any use of the works outside the countries and periods of time stated in the production Agreement to the Producer without delay.

9.9. The rights granted to the Client may only be transferred to third parties, either against payment or free of charge, with the express written consent of the Producer. The same applies to sub-licensing.

9.10. To secure the copyright exploitation rights, the source material (image and sound), in particular negatives, master tapes and also the remaining material remains with the Producer.

9.11. The Producer undertakes to store the original, picture and sound material of the delivered work for 1 (one) year, in case of finished spots or other productions for 2 (two) years.

9.12. With the delivery of the broadcast-ready copy, the risk for the copy material is transferred to the Client, even if the film/photo is stored at the Producer's premises, at a copy company commissioned by the Producer or at an archive commissioned by the Producer.

10. Identification

10.1. The Producer is permitted to use their works for the purpose of public relations work and to show their company name and their company logo (Randall Media Factory, Randall Films, Randall Records etc.) as a copyright notice, without the Client being entitled to a fee for this.

10.2. Likewise, the Producer is entitled to show the film/photo or a part of it - without any claim for remuneration by the Client - on the occasion of competitions and festivals as well as for self-promotion, especially on their homepage and on their social media channels.

10.3. Furthermore, the Producer reserves the right to use the Client's logo, company name or similar, in particular on their homepage and on thei social media channels for announcements and as a reference.

11. Data Processing

11.1. All personal data of the Client (name, address, creditworthiness, etc.) which are relevant and necessary for the handling of the business relationship

are collected and processed with due regard to data protection. In order to process any warranty, product liability and compensation claims, the data will be stored for ten years from the date of delivery and then deleted.

11.2. The Producer reserves the right according to the General Data Protection Regulation (GDPR) to permanently store the aforementioned personal data for its own advertising purposes in summarised lists and to use them for sending interesting offers and information on services and offers of the Producer by mail or e-mail. The Client may object to the processing of their data for this purpose when it is collected and at any time thereafter in writing.

11.3. As far as this is not necessary for the execution of the Agreement, the Client's data will not be passed on to third parties. In particular, the transfer of data to suppliers of the producer is necessary for the execution of the contract if these suppliers deliver the ordered goods/services directly to the customer. It may also be necessary to pass on data to a transport company, a collection agency, an external service provider or a lawyer.

11.4. The Client has the right to be informed about the personal data concerning them, to data transferability, to correction or deletion of personal data and to limit or oppose the processing of their personal data. The Client may exercise these rights at any time in writing.

11.5. Finally, the Client has the right to complain to the Information Commissioner’s Office (ICO): icocasework@ico.org.uk

12. Place of Performance, Choice of Law and Jurisdiction

12.1. The place of performance is the seat of the Producer located in the UK.

12.2. The Agreement and all mutual rights and obligations as well as claims between the Producer and the Client derived from it are subject to UK substantive law, excluding UK Private International Law and the UN Convention on Contracts for the International Sale of Goods (UNCITRAL).

12.3. The exclusive place of jurisdiction for all direct or indirect legal disputes arising between the Producer and the Client in connection with this contractual relationship is agreed to be the court with subject matter jurisdiction for London, UK.

13. Miscellaneous

13.1. If provisions of these GTC are not legally effective or become ineffective or if there is a loophole, the remaining provisions shall remain in force. In place of the ineffective provision or to fill the gap, an appropriate provision shall be adopted which comes closest to the hypothetical will of the contracting parties or which corresponds to the meaning and purpose of the agreement reached.

13.2. The legal remedy of cancellation of the contract due to shortening by more than half is excluded.

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AUSTRIAN / EU VERSION

GENERAL TERMS AND CONDITIONS

1. Scope of Agreement
1.1. These General Terms and Conditions "GTC") apply - even without reference in individual cases - to all legal transactions of Randall Media Factory GmbH (the "Producer") with business partners (the "Client"). They are basically de- signed for legal transactions between entrepreneurs and are an essential part of every offer and every contract between the Producer and Client.

1.2. If, in exceptional cases, they are also the basis for legal transactions with consumers within the meaning of the Consumer Protection Act, Austrian Federal Law Gazette No. 140/1979 in the currently valid version, they shall only apply insofar as they do not contradict the provisions of the first main section of this Act.

1.4. Agents, employees or other persons attributable to the Producer are not authorised to make declarations that deviate from these GTC or other declarations of the Producer.

1.5. Any terms and conditions of a Client that deviate from these GTC shall only become an integral part of the contract - even if they are sent - if expressly agreed separately in writing.

1.6. Oral statements require signed written confirmation.

2. Scope of Services, Orders and Obligations of the Client
2.1. All services of the Producer are provided against payment. Only the preparation of performance schedules as well as time schedules and cost schedules necessary for the submission of an offer is free of charge.

2.3. If a concept, a scene board, a storyboard or a pre-existing film work is made available by the Client or their authorised representative, all rights thereto are transferred to the Producer.

2.4. Any film is produced on the basis of the concept accepted by the Client and the Producer under the conditions laid down in writing in the production con- tract or the accepted offer. The order placed is a copyright contract for work, which is aimed at granting rights of use for the work.

2.6. The Client shall ensure that all documents and circumstances necessary for the optimal fulfilment of the order are made available to the Producer in a timely and complete manner. The Client is obliged to check the documents made available for the execution of the order for any copyrights, trademark rights, identification rights or other rights of third parties and guarantees that the documents are free from rights of third parties and can therefore be used for the intended purpose. If a third party raises claims against the Producer because of such a violation of rights, the Client shall indemnify and hold the Producer harmless. The Client shall compensate the Producer for all damage, disadvantages and losses that arise for him due to a third party claim, in particular the costs of an appropriate legal representation.

2.7. Furthermore, the Client must ensure that the necessary filming permits are obtained. This includes, in particular, permission to film on the occasion of public events and permission to film people present at such events (e.g. spectators).

2.8. Preliminary work, filming and similar work shall commence at the earliest after confirmation of the offer or signature of the production contract. The Producer shall inform the Client of the location and planned schedule of the preparatory work, shooting and post-production.

2.9. The Producer is responsible for the artistic and technical design of the work. The Producer reserves the right to choose the post-production workflow for himself and therefore to determine it. Especially music, sound design and colour correction are affected by this. Complaints regarding the artistic design are excluded. Acceptance by the Client or his authorised representative means approval of the artistic and technical quality.

2.10. If, for artistic or technical reasons, the Producer proposes changes to the al- ready agreed concept which lead to additional costs compared to the originally agreed production price, these require the prior written consent of the Client or his authorised representative. Additional costs not expressly approved may not be claimed.

2.11. The Client is entitled to 2 (two) further post-processing phases for correction after submission of the first demonstration version. This does not include changes to the time schedule, the script, the concept, the screenplay or the already produced parts of the film. These changes are at the expense of the Client, unless it is a matter of asserting justified complaints.

2.12. If the Client wishes to make changes after acceptance of the film, he/she must inform the Producer in writing of the desired changes. The Producer alone is entitled to make changes. Such changes are at the expense of the Client.

2.13. If foreign-language versions of the film are to be produced by synchronisation or subtitling, an additional agreement between the parties must be executed.

3. Deadlines

3.1. Unless expressly agreed as binding, delivery or performance deadlines are only approximate and are not binding. Binding date agreements must be confirmed in writing by the Producer.

3.2. If the performance of the Producer is delayed for reasons for which he is not responsible, such as force majeure and other unforeseeable events that cannot be avoided by reasonable means, the performance obligations shall be suspended for the duration and to the extent of the obstacle and the deadlines shall be extended accordingly. If such delays last more than 2 (two) months, the Client and the Producer are entitled to withdraw from the contract.

4. Engagement of Third Parties

4.1. The Producer is entitled at his own discretion to carry out the services him- self, to make use of competent third parties as vicarious agents for the pro- vision of contractual services and/or to substitute such services.

4.2. The engagement of third parties within the scope of an external service is carried out either in the own name or in the name of the Client. The Producer shall carefully select this third party and ensure that he/she has the necessary professional qualifications.

4.3. If the Producer orders necessary or agreed external services, the respective contractors are not vicarious agents of the Producer.

5. Withdrawal by the Client

5.1. If the production order has been placed and the Client withdraws from the order between 14 (fourteen) and 10 (ten) days prior to the first day of shoot- ing without any fault on the part of the Producer, the Client shall not incur any withdrawal costs.

5.2. If the Client withdraws without fault of the Producer in the period between 9 (nine) days and 5 (five) days before the first day of shooting, 50% (fifty per- cent) of the agreed fee is due.

5.3. If the Client withdraws from the contract after that time without any fault on the part of the Producer, 100% (one hundred percent) of the agreed fee is due.

6. Producer’s Fee

6.2. Unless otherwise agreed or unless otherwise stated in the offer, the agreed price includes filming, using standard film equipment, editing and post-production within 30 (thirty) days, as well as 2 (two) additional post-production phases for correction. Each additional post-production phase will be charged at the hourly rate stated in the offer. Unless otherwise agreed in writing, the film shall be delivered in HD 1920 x 1080 pixel format; file for- mat .mp4 optimised for YouTube, Facebook, Instagram and the Client's website.

6.3. Not included in the price are taxes, travel and accommodation costs.

6.4. Costs that were not foreseeable and therefore not included in the offer can be charged to the Client subsequently. Especially, postponements of shoot- ing due to weather conditions are not included in the calculated production costs. Additional costs arising from this title shall be invoiced according to documented expenditure.

6.6. The production of music matching the theme of the film is charged at a mini- mum of 1⁄2 (one half) shooting day. If the music is obtained from third party sources, it must be delivered by the Client by the beginning of the editing process.

6.7. The use of models, actors and special equipment must be approved by both parties. The costs for this will be borne by the Client.

6.8. If the Client demands the conclusion of a specific insurance policy, they must inform the Producer of this at the latest upon conclusion of this Agreement and reimburse the costs for this.

6.9. The Client shall bear the costs for any technical advice they may have arranged.

7. Terms of Payment

7.1. The fee is due for payment within 14 (fourteen) days of receipt of the in- voice, without deduction of a discount, unless special payment conditions are agreed in writing in individual cases. The Producer is entitled to invoice a down payment of up to 50% (fifty percent) of the agreed fee before the start of the work. Such advance payments are due for payment at the latest 14 (fourteen) days before the agreed start of the service and must be received in the Producer's account by then.

7.2. In case of default of payment by the Client, the currently applicable default interest according to the Austrian Commercial Code (UGB) will be charged from the day the payment target is exceeded. Furthermore, in the event of default of payment, the Client undertakes to reimburse the Producer for the reminder and collection expenses incurred, insofar as they are necessary for appropriate legal enforcement. The assertion of further rights and claims remains unaffected.

7.3. The Producer is not obliged to provide any further services until the out- standing amount is paid. The obligation to pay fees remains unaffected.

7.4. The Client is not entitled to set off his own claims against claims of the Producer, unless the Client's claim has been acknowledged by the Producer in writing or has been legally established by a court of law.

7.5. The Producer is entitled to demand (cash) advances to cover his expenses. From an order volume with an (annual) budget of €10,000. (ten thousand euros), or such that is spread over a longer period of time, the Producer is entitled to draw up interim accounts or advance invoices or to call up payments on account.

8. Warranty and Liability

8.1. The Producer warrants the proper and timely execution of the transferred agendas. He undertakes to deliver a technically faultless broadcast copy and expressly warrants that the production is of the highest possible sound and image quality. No liability is accepted for improper further processing by third parties.

8.2. The Client must make any complaints in writing within 3 (three) working days of the date of performance by the Producer and must give reasons for them. The reversal of the burden of proof according to § 924 AGBG is excluded. In case of justified and timely complaints, the Client is entitled to rectification of the performance by the Producer.

8.3. Material defects which are acknowledged by the Producer shall be remedied by him. If these corrections cannot be carried out without the cooperation of the Client or their expert adviser, the Producer can consider the contract fulfilled after the fruitless expiry of a period of 2 (two) weeks set for the execution of the corresponding action. Costs arising from recourse to third parties despite the Producer's willingness to remedy defects, shall be borne by the Client.

8.4. A claim for rectification of defects expires after 6 (six) months. The Producer is entitled to refuse to remedy the defects until the payments due at the time of correction have been made.

8.5. If, during the production of the film, a circumstance occurs which makes it impossible to produce the film in accordance with the contract, the Producer is only responsible for intent and gross negligence up to the amount of his fee. The impossibility of production or untimely completion of the film, for which neither the Producer nor the Client is responsible, only entitles the Client to withdraw from the Agreement. However, the services performed so far will be invoiced and have to be paid.

8.7. The Client bears the full risk for the information, media, props and other materials provided by them.

8.8. The Client is expressly responsible for compliance with the statutory regulations, in particular those relating to competition law, in the service proposed by the Producer. In particular, the Client will only release a concept pro- posed by the Producer if they have assured themselves of its unobjectionability under competition law or if they are prepared to bear the risk associated with the implementation of the measure themselves. The Client under- takes to indemnify and hold the Producer harmless in this respect.

9. Copyrights and License

9.1. Pursuant to Sec. 38 (1) of the Austrian Copyright Act (UrhG), the Producer holds all necessary copyrighted exploitation rights (except if they are held by a collecting society), in particular the reproduction, distribution, broad- casting, performance and ancillary copyrights necessary for the performance of the Agreement, which are also administered by the Producer after completion of the work. All services of the Producer as well as individual parts thereof remain the intellectual property of the Producer.

9.2. By paying the full fee, the Client acquires only the non-exclusive right (per- mission to use the work) to make the finished work publicly accessible for their own purposes on the Internet through their own channels (Facebook, YouTube, Instagram, his own website etc.). However, the works may not be made available for download to third parties. The latter requires an explicit agreement, which also contains a regulation on the remuneration. If further restrictions have been agreed between the parties to the Agreement, these further restrictions (e.g. exclusive use of the Work on the Client’s own social media channels only) shall apply.

9.3. Furthermore, the Client is entitled to present the work at their own events organised by them and held under their name.

9.4. The Producer must be named as the author in each case.

9.5. The express written consent of the Producer is required for any further use of the work or other services of the Producer.

9.7. The Client expressly agrees that the legally required notifications to the relevant collecting societies are made by the Producer.

9.8. The Client is obliged to report any use of the works outside the countries and periods of time stated in the production Agreement to the Producer without delay.

9.10. To secure the copyright exploitation rights, the source material (image and sound), in particular negatives, master tapes and also the remaining mate- rial remains with the Producer.

9.11. The Producer undertakes to store the original, picture and sound material of the delivered work for 1 (one) year, in case of finished spots or other productions for 2 (two) years.

9.12. With the delivery of the broadcast-ready copy, the risk for the copy material is transferred to the Client, even if the film is stored at the Producer's premises, at a copy company commissioned by the Producer or at an archive commissioned by the Producer.

10. Identification

10.1. The Producer is permitted to use his works for the purpose of public relations work and to show his company name and his company logo (Randall Media Factory, Randall Films, Randall Records etc) as a copyright notice, without the Client being entitled to a fee for this.

10.2. Likewise, the Producer is entitled to show the film or a part of it - without any claim for remuneration by the Client - on the occasion of competitions and festivals as well as for self-promotion, especially on his homepage and on his social media channels.

10.3. Furthermore, the Producer reserves the right to use the Client's logo, company name or similar, in particular on his homepage and on his social media channels for announcements and as a reference.

11. Data Processing

11.1. All personal data of the Client (name, address, creditworthiness, etc.) which are relevant and necessary for the handling of the business relationship are collected and processed with due regard to data protection. In order to pro- cess any warranty, product liability and compensation claims, the data will be stored for ten years from the date of delivery and then deleted.

11.2. The Producer reserves the right according to § 107 paragraph 3 of the Austrian Telecommunications Act (TKG) to permanently store the aforementioned personal data for its own advertising purposes in summarised lists and to use them for sending interesting offers and information on services and offers of the Producer by mail or e-mail. The Client may object to the processing of their data for this purpose when it is collected and at any time thereafter in writing.

11.3. As far as this is not necessary for the execution of the Agreement, the Cli- ent's data will not be passed on to third parties. In particular, the transfer of data to suppliers of the Producer is necessary for the execution of the con- tract if these suppliers deliver the ordered goods/services directly to the customer. It may also be necessary to pass on data to a transport company, a collection agency, an external service provider or a lawyer.

11.5. Finally, the Client has the right to complain to the Austrian data protection authority (dsb@dsb.gv.at, www.dsb.gv.at) or to any other national supervisory authority.

12. Place of Performance, Choice of Law and Jurisdiction

12.1. The place of performance is the seat of the Producer located in Austria.

12.2. The Agreement and all mutual rights and obligations as well as claims be- tween the Producer and the Client derived from it are subject to Austrian substantive law, excluding Austrian international private law and the UN Convention on Contracts for the International Sale of Goods (UNCITRAL).

13. Miscellaneous

13.2. The legal remedy of cancellation of the contract due to shortening by more than half is excluded.