1 Scope of Application, General Information

1. These General Terms and Conditions (“GTC”) apply to all deliveries and/or services of The Storytelling Company GmbH (“TSC”) to third parties (“Clients”).

2. These GTC apply exclusively. Client’s terms and conditions that conflict with or deviate from these GTC shall not apply unless expressly acknowledged by TSC in writing. These GTC shall also apply if TSC performs deliveries and/or services without reservation while being aware of conflicting or deviating terms and conditions of the Client, unless TSC has expressly waived the application of these GTC.

3. Deviations from or supplements to these GTC require written confirmation by TSC.

4. These GTC apply only to entrepreneurs within the meaning of § 14 of the German Civil Code (BGB).

2 Conclusion of Contract, Scope of Services, Prices

1. The basis of the contractual relationship is the respective individual offer of TSC, which records all services (complete scope of services).

2. Offers are non-binding. The prices and/or cost estimates contained therein are also non-binding.

3. The Client’s order constitutes an offer within the meaning of § 145 BGB, which TSC may accept within 14 calendar days. Acceptance usually occurs through an order confirmation.

4. Additions or changes that affect the content and/or scope of contractual performance require explicit agreement in writing or text form by both parties. Unilateral changes or additions by the Client are ineffective.

5. All prices are net amounts and subject to the applicable statutory value-added tax.

6. Unless explicitly agreed otherwise, prices do not include fees and costs incurred in fulfilling the contract, especially levies from copyright collecting societies (e.g., GEMA), contributions to the Artists’ Social Security Fund, as well as costs for compliance with legal and/or regulatory requirements and orders.

3 Terms of Payment, Advance Payments, Security, Offsetting

1. The Client is obliged to pay the agreed prices. Unless otherwise expressly agreed, TSC’s entitlement to remuneration arises for each individual service as soon as it has been rendered.

2. If no payment schedule has been agreed, TSC may at any time request reasonable advance payments. An advance payment is reasonable if it corresponds to the value of the services rendered and/or the expenses already incurred, particularly for contracts with third parties (e.g., venues, technicians, decorators, caterers, artists, producers).

3. Unless otherwise agreed, invoices are due immediately upon receipt without deduction. The same applies to advance payments. Any cash discount must be separately agreed in writing.

4. The Client may only offset claims that are undisputed, acknowledged by TSC, or legally established. A right of retention may only be exercised if the counterclaim is based on the same contractual relationship.

4 Work Results, Intellectual Property, No Contract Award

1. All concepts, illustrations, drafts, sketches, layouts, films, musical works, calculations, and other work results created by TSC as part of a pitch or otherwise presented and/or handed over to the Client remain the exclusive property of TSC. This applies especially to all ownership, copyrights, usage rights, and other intellectual property rights. Unless a contract is concluded (see § 5), no rights of use, reproduction, publication, or exploitation shall be granted to the Client.

2. If TSC is not awarded the contract, the Client is obliged to return all documents and work results (including copies, digital or otherwise) to TSC and, if applicable, to delete them. Deletion must be confirmed in writing upon request by TSC.

3. The Client shall treat the work results and all confidential business information obtained in the process—such as customer lists, purchase prices, suppliers, presentations, sales figures, and business processes (“Confidential Information”)—with strict confidentiality. This confidentiality obligation must also be imposed on employees and third parties.

5 Rights of Use, Self-Promotion

1. Upon full payment, the Client receives a non-exclusive, non-transferable right of use, limited to the contractually intended scope (time, space, and content). Any use beyond this requires a separate written agreement.

2. Until full payment is received, all rights remain with TSC. If the Client has already used or published the results prior to full payment, TSC may charge a reasonable additional fee.

3. Unless otherwise agreed, TSC may use the services and results (especially photos, videos, documents, etc.) for self-promotion, including online and offline use, for an unlimited period and globally. The Client grants TSC the necessary rights to do so.

6 Subcontractors and Third Parties

TSC is entitled to engage subcontractors or third parties for the execution of the contract. These may act in TSC’s name or in the name of the Client. The Client agrees to grant corresponding authorizations if necessary.

7 Liability, Insurance, Force Majeure

1. TSC is liable for intent and gross negligence. For slight negligence, liability is limited to essential contractual obligations (cardinal obligations), and then only for foreseeable damages.

2. Liability for loss of profit, indirect damages, and consequential damages is excluded, except in cases of intent or gross negligence.

3. The Client is responsible for insuring event-related risks (e.g., cancellation, damage, weather).

4. In cases of force majeure (e.g., pandemics, war, strike, natural disasters), TSC is released from its obligation to perform for the duration and scope of the disruption. The same applies to subcontractors. TSC will inform the Client without delay.

8 Cancellation by the Client

1. If the Client cancels the contract, they must pay for services already rendered and reimburse all third-party costs incurred.

2. In addition, TSC is entitled to reasonable compensation for loss of profit. This is calculated as a percentage of the agreed remuneration:

• up to 30 days before the event: 50%

• 29 to 15 days before the event: 75%

• 14 days or less: 90%

3. The Client is entitled to prove that TSC incurred less damage.

9 Confidentiality, Data Protection

1. Both parties are obliged to treat all Confidential Information disclosed during the cooperation as confidential, even after the end of the contract.

2. TSC processes personal data exclusively in accordance with applicable data protection laws. Further information is provided in TSC’s privacy policy.

10 Final Provisions

1. The place of performance is Munich. If legally permissible, the place of jurisdiction is also Munich.

2. The law of the Federal Republic of Germany applies, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).

3. Should any provision of these GTC be or become invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a valid one that comes closest to the intended purpose.