Terms and Conditions (AGB)

of Schraubfabrik – Tonstudio Jan Kalt-Kaempf

Effective as of September 2026

§ 1 Scope of Application

1. These General Terms and Conditions apply to all contracts between Jan Kalt-Kaempf, operating under the name “Schraubfabrik”, and his customers.
2. Schraubfabrik provides services in the following areas in particular:
   • sound and music recordings,
   • vocal recordings,
   • speech and voice-over recordings,
   • instrumental recordings,
   • recording,
   • editing,
   • vocal editing,
   • mixing and mixdown,
   • mastering,
   • Music production,
   • Beat production,
   • Arrangement,
   • Sound design,
   • Audiobook and voice productions,
   • ADR and dubbing recordings,
   • Live recording,
   • Live streaming,
   • Music video-related services,
   • Studio and equipment use,
   • Workshops, coaching, and training,
   • as well as other individually agreed-upon services.
3. These Terms and Conditions apply to both consumers and businesses, unless individual provisions expressly apply only to one of these groups.
4. Individual agreements between Schraubfabrik and the customer take precedence over these Terms and Conditions.
5. Any conflicting or deviating terms and conditions of the customer shall only become part of the contract if they have been expressly agreed to.

§ 2 Conclusion of the Contract

1. A contract is concluded upon acceptance of an offer, an order confirmation, or a binding appointment agreement.
2. Offers made by Schraubfabrik are generally subject to change unless they are expressly designated as binding.
3. The scope and content of the services to be provided are set forth in the respective offer, the order confirmation, or the individual agreement.
4. Changes or additions to the order after the contract is concluded require the consent of Schraubfabrik.
5. Any additional work resulting therefrom may be billed separately.

§ 3 Appointments and Studio Hours

1. Agreed-upon appointments and studio times are binding.
2. The customer agrees to arrive on time for agreed-upon appointments.
3. If the customer arrives late, there is generally no entitlement to an extension of the booked studio time.
4. Booked studio time that cannot be used due to the customer’s tardiness may be billed in accordance with the agreed-upon fee.
5. Schraubfabrik may reschedule appointments for good cause, in particular in the event of illness, technical malfunctions, force majeure, or other circumstances beyond its control.
6. In this case, an alternative appointment will be scheduled if possible.

§ 4 Cancellation and Rescheduling

1. Appointments should be canceled in writing as early as possible.
2. For bindingly booked appointments, individual cancellation terms may be agreed upon in the respective quote or in the order confirmation.
3. If specific cancellation terms have been agreed upon, in the event of a last-minute cancellation, reasonable compensation for loss may be demanded in accordance with this agreement.
4. To the extent permitted by law, the customer reserves the right to prove that no damage or loss—or only significantly less damage or loss—was incurred.
5. Schraubfabrik reserves the right to prove that the actual damage was higher to the extent permitted by law.
6. The customer’s statutory rights remain unaffected.

§ 5 Prices and Compensation

1. The prices agreed upon at the time the order is placed shall apply.
2. Studio time will be billed according to the agreed-upon time unit.
3. Partial billing units may be charged in accordance with the agreed-upon pricing structure.
4. Services that exceed the originally agreed-upon scope will be billed separately.
5. This applies in particular to additional studio time, revision cycles, extensive editing, additional mix or mastering versions, stem and multitrack exports, additional production services, and external musicians, service providers, or third-party costs.
6. Prices are exclusive of applicable sales tax, unless expressly stated otherwise in the respective quote.

§ 6 Terms of Payment

1. Invoices are due for payment within the payment period specified on the invoice without any deductions.
2. For larger-scale productions, a reasonable down payment or installment payment may be required.
3. In the event of late payment, the statutory provisions shall apply.
4. In the event of late payment, Schraubfabrik may withhold further services until outstanding claims have been settled, to the extent permitted by law .
5. The granting of agreed-upon rights of use as well as the delivery of certain work products may be made contingent upon full payment of the corresponding remuneration, to the extent permitted by law.

§ 7 Customer’s Obligations to Cooperate

1. The customer shall provide Schraubfabrik with all information and materials necessary for the execution of the order in a timely manner.
2. This applies in particular to audio files, instrumentals, lyrics, samples, project files, reference recordings, and other production data.
3. The customer is responsible for ensuring that the materials provided are technically usable.
4. The customer warrants that they possess the necessary rights to use the materials provided.
5. Delays resulting from the customer’s failure to cooperate, late cooperation, or incorrect cooperation shall not be borne by Schraubfabrik.

§ 8 Corrections and Requests for Changes

1. The customer may, within the scope of the agreed-upon services, make reasonable requests for changes and corrections.
2. If the quote specifies a certain number of revision cycles , the service is generally limited to that number.
3. Additional revisions may be billed on a time-and-materials basis or pursuant to a prior individual agreement.
4. Extensive changes that amount to a substantial new production may be treated as an additional order.

§ 9 Copyright, Rights of Use, and Related Rights

1. By placing an order with Schraubfabrik, the customer is granted only those rights of use that have been expressly agreed upon.
2. Unless expressly agreed otherwise, copyright and related rights to creative elements created by the studio itself remain with the respective rights holder.
3. The granting of agreed-upon rights of use may be made contingent upon the full payment of the agreed-upon compensation.
4. The customer is responsible for ensuring that the use of texts, compositions, samples, beats, recordings, images, logos, and other materials is legally permissible.
5. The customer shall indemnify Schraubfabrik against claims by third parties to the extent that such claims are based on materials provided by the customer or on uses initiated by the customer, and the customer is responsible for the infringement.
6. Separate agreements regarding copyright, rights of use, and neighboring rights may be made for individual productions.

§ 10 Personal Rights and Contributors

1. The customer is responsible for ensuring that all persons involved in a production have the necessary consents and rights.
2. This applies in particular to singers, musicians, voice actors, producers, composers, lyricists, and other contributors.
3. Schraubfabrik assumes no responsibility for missing consents or rights falling within the customer’s sphere of responsibility.

§ 11 Production Data and Archiving

1. Schraubfabrik handles production data with care and takes appropriate measures to prevent data loss.
2. Permanent archiving of all raw data, individual tracks, sessions or project files is only required if this has been expressly agreed upon.
3. The customer is solely responsible for permanently backing up the files provided to them.
4. Schraubfabrik is entitled to delete project and raw data after the expiration of a reasonable archiving period, provided there is no agreement to the contrary or statutory retention obligation.

§ 12 Liability

1. Schraubfabrik bears unlimited liability for damages resulting from intentional or grossly negligent conduct, as well as for damages arising from injury to life, body, or health.
2. In the event of a breach of material contractual obligations due to slight negligence, Schraubfabrik shall be liable only for damages that are typical for the contract and foreseeable.
3. Otherwise, liability for breaches of duty due to slight negligence is excluded to the extent permitted by law.
4. Mandatory statutory liability provisions remain unaffected.

§ 13 Damage to Studio Facilities

1. The customer must handle the premises, equipment, instruments, and other studio equipment with care.
2. The customer is liable for damage culpably caused by the customer or by persons brought along by the customer or engaged by the customer.
3. Liability does not apply if the customer is not responsible for the damage.

§ 14 House Rules and Safety

1. Instructions provided by Schraubfabrik regarding the safe and proper use of the premises and technical equipment must be followed.
2. Individuals may be barred from further use of the premises if they significantly disrupt studio operations or endanger persons or studio equipment.
3. Schraubfabrik is liable for items brought onto the premises only in accordance with statutory provisions.

§ 15 Use for Reference and Advertising Purposes

1. Completed productions, names, artist names, logos, photos, or other content belonging to the customer may be used for advertising or reference purposes only if there is corresponding consent or another legal basis for such use.
2. Consent that has been granted may be revoked in accordance with statutory provisions.

§ 16 Force Majeure

1. Events beyond Schraubfabrik’s control that significantly impede or render impossible the execution of the order may result in a reasonable postponement of the deadline.
2. These include, in particular, natural disasters, government measures, significant technical malfunctions, power outages, labor disputes, or similar events, provided that Schraubfabrik is not responsible for them.
3. The statutory rights of the contracting parties remain unaffected.

§ 17 Consumers and the Right of Withdrawal

1. For consumer contracts concluded through distance selling or outside of business premises, a statutory right of withdrawal may apply.
2. The right of withdrawal may be excluded by law for certain services. This applies in particular to certain services related to recreational activities, if a specific date or time period has been agreed upon for their provision.
3. Whether a right of withdrawal exists in a specific individual case depends on the statutory requirements and the nature of the respective booked service.
4. To the extent that a statutory right of withdrawal exists, the consumer will receive the necessary withdrawal policy.

§ 18 Data Protection

The processing of personal data is carried out in accordance with applicable data protection laws and Schraubfabrik’s privacy policy.

§ 19 Consumer Dispute Resolution

Schraubfabrik is neither willing nor obligated to participate in dispute resolution proceedings before a consumer arbitration board .

§ 20 Final Provisions

1. The laws of the Federal Republic of Germany apply.
2. With respect to consumers, this choice of law applies only to the extent that it does not deprive the consumer of mandatory protective provisions of the country in which the consumer has his or her habitual residence.
3. If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction is—to the extent permitted by law —the registered office of Schraubfabrik.
4. Should any provision of these General Terms and Conditions be or become invalid, the remaining provisions shall remain unaffected.

Effective as of September 2026