Summary of the General Terms and Conditions (GTC) of Bright Mountains KG as of 18 November 2025
Note: This summary serves solely for quick orientation. Only the complete GTC provided below are legally binding.
Bright Mountains KG provides professional services in photography, videography and media production. Below, customers can find the key provisions of the GTC in simplified form.
§ 1 General Provisions
The GTC apply to all services; deviating conditions require written approval. Offers and order confirmations prevail. Amendments must be made in text form. Invalid provisions do not affect the remainder. Previous GTC continue to apply to existing contracts.
§ 2 Offers, Prices and Scope of Services
Offers are non-binding. A contract is formed by acceptance or by using the services. All prices are in euros and may be subject to VAT. Consulting services are subject to minimum billing. Retainer and support models are billed in advance.
§ 3 Photo and Film Productions
The Client must provide all required information and permits. Two basic-edited images per hour of on-site work are included. Additional editing is charged separately. Fixed time categories and rounding rules apply to film projects. Additional time is billed; color grading only if expressly agreed.
§ 4 Conception, Marketing and Consulting Services
Conception services are only free if the project is commissioned and executed. If the project is not executed, the services are billed. For existing clients, conceptual and strategic work is generally billable.
§ 5 Equipment Rental (Dry Hire)
The Client bears full responsibility for the equipment, including damage, loss and theft. Insurance is not included. Handover and condition are documented. Return shipping is at the Client’s risk. Late return results in additional fees.
§ 6 Payment Terms, Default and Dunning Procedures
Invoices are due according to the offer; otherwise within 14 days. Subscriptions are billed in advance. Services may be suspended in case of payment default. Default occurs automatically after the deadline. Reminder stages, fees and interest are clearly defined.
§ 7 Usage Rights
Rights remain with the Contractor until full payment. Non-final material may not be used. The Contractor may use final works for reference unless the Client objects.
§ 8 Raw Data, Storage and Archiving
Raw data are not included and are only provided under separate agreement. Data are only stored as agreed; no retention or recovery obligation afterwards.
§ 9 Social Media, Publications and Responsibilities
No liability for reach, algorithm changes or platform decisions. Publications only occur after approval; the Client bears full legal responsibility.
§ 10 Non-Competition and Supplier Protection
Introduced service providers may not be contracted directly for 12 months. Violations incur contractual penalties.
§ 11 Cancellation Terms
Cancellations must be in writing. Services provided must be paid. Reserved appointments may incur cancellation fees. Third-party costs and administrative efforts must always be covered.
§ 12 Liability and Force Majeure
Liability is limited to intent and gross negligence. No liability for indirect damages. Obligations are suspended in cases of force majeure. No compensation for data loss outside agreed storage periods.
§ 13 Goodwill Services
Goodwill is voluntary and not repeatable. It may be revoked in cases of deception or misuse.
§ 14 Data Protection
Personal data are processed according to the GDPR and DSG. Details are in the privacy policy.
§ 15 Final Provisions
Place of performance: Innsbruck. Austrian law applies. Court jurisdiction for businesses: Innsbruck. Invalid provisions do not affect the remainder.
Download as PDF (only provided in German)
Table of Contents
- Company name and location: approx. 0:20 min
- § 1 General Provisions: approx. 2:00 min
- § 2 Offers, Prices and Scope of Services: approx. 2:30 min
- § 3 Photo and Film Productions: approx. 3:30 min
- § 4 Conception, Marketing and Consulting: approx. 1:00 min
- § 5 Equipment Rental (Dry Hire): approx. 2:20 min
- § 6 Payment Terms, Default and Dunning: approx. 2:00 min
- § 7 Usage Rights: approx. 2:30 min
- § 8 Raw Data, Storage and Archiving: approx. 1:20 min
- § 9 Social Media, Publications and Responsibilities: approx. 3:00 min
- § 10 Non-Competition and Supplier Protection: approx. 1:10 min
- § 11 Cancellation Terms: approx. 2:30 min
- § 12 Liability and Force Majeure: approx. 1:40 min
- § 13 Goodwill Services: approx. 1:10 min
- § 14 Data Protection: approx. 0:30 min
- § 15 Final Provisions: approx. 1:00 min
Estimated total reading time: approx. 27–30 minutes
General Terms and Conditions (GTC) of Bright Mountains KG as of 18 November 2025
Note: Only the German original version of these GTC is legally binding. All translations – including those provided by us on our website – are for informational purposes only and provided without warranty. We assume no liability for any translation, regardless of its source.
Company Name and Registered Office
Bright Mountains KG
Feldstraße 9d
6020 Innsbruck
AUSTRIA
§ 1 General Provisions
(1) The services of the Contractor are provided exclusively on the basis of these General Terms and Conditions (GTC). Deviating or conflicting general terms and conditions of the Client shall not become part of the contract unless the Contractor explicitly agrees to their validity in writing.
(2) These GTC apply to contracts with consumers and entrepreneurs. For consumers, mandatory provisions of consumer protection law apply and shall prevail in the event of conflict.
(3) Offers, order confirmations and separate agreements (e.g., license agreements or framework agreements) supplement these GTC and shall prevail in the event of conflicting content.
(4) Amendments or additions to the contract should be made in text form (e.g., via email). Oral side agreements are only valid if confirmed by the Contractor in text form.
(5) Should individual provisions of these GTC be invalid or unenforceable, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by the provision that best reflects its economic purpose.
(6) The Contractor may amend these GTC for future contracts. The version valid at the time of contract conclusion applies to already existing contracts.
§ 2 Offers, Prices and Scope of Services
(1) Offers of the Contractor are non-binding unless explicitly designated as binding. All net and gross prices apply equally to consumers and entrepreneurs.
(2) A contract is formed when the Client accepts an offer in writing or electronically or issues an order orally or by telephone with knowledge of the applicable prices and terms. Use of services after being informed of the applicable terms likewise constitutes acceptance.
(3) An individual offer is generally required. An offer may be omitted if a previous offer or confirmed, unchanged price list applies and no additional services unknown to the Client are ordered.
(4) All prices are quoted in euros and – unless a total gross price is already listed – exclusive of statutory VAT.
(5) The exact scope of services is defined in the respective offer or order confirmation. These documents prevail over the GTC in case of doubt.
(6) Consulting, marketing, planning and conception services are billed in full-hour increments. Minimum billing is one hour. An additional hour is only charged if actual working time exceeds the previous full hour by more than 30 minutes.
(7) Retainer and subscription services are billed in advance unless the offer explicitly states otherwise.
§ 3 Photo and Film Productions
(1) The Contractor provides photo and film productions in accordance with the agreed technical and content-related specifications. The Client shall provide all required information, access, motif releases, and governmental or private permits in a timely manner.
(2) For each billed hour on site, the Client receives two basic-edited images at no additional cost. The permitted usage of these images is defined by the agreed license.
(3) Basic editing includes color correction, adjustments to brightness and contrast, and minor color and effect enhancements (e.g., grain, clarity). Extensive retouching, beauty retouching, compositing or similar special processing is not included and will be billed separately.
(4) The following time categories apply for on-site photo and video productions:
• Hourly basis (short): up to and including 3 hours
• Half-day flat rate: more than 3 and up to 4.5 hours
• Hourly basis (long): more than 4.5 and up to 7 hours
• Full-day flat rate: more than 7 hours
(5) Additional edited images are billed according to the applicable price list or individual offer.
(6) If more time is required than planned, the actual additional time is billed. If less time is required, the fee is reduced according to the applicable time category.
(7) Film post-production is billed in increments of 0.5 minutes. Rounding is performed as follows:
• up to and including 0.24 minutes → rounded down to the next lower 0.5-minute unit (if the actual length is below 0.5 minutes, the minimum billing of 0.5 minutes applies),
• from 0.25 minutes onwards → rounded up to the next higher 0.5-minute unit.
This rounding logic also applies when the film length increases due to the Client’s wishes or revision requests.
Examples:
• 0.10 minutes → 0.5 minutes (minimum billing 0.5)
• 0.25 minutes → 0.5 minutes (minimum billing 0.5)
• 1.24 minutes → 1.0 minute (rounded down)
• 1.25 minutes → 1.5 minutes (rounded up)
• 1.74 minutes → 1.5 minutes (rounded down)
• 1.75 minutes → 2.0 minutes (rounded up)
(8) A film without color grading shall only be owed if expressly agreed in writing.
(9) Weekend and public holiday productions are subject to a surcharge of 25% on the original hourly, half-day, or full-day rate.
(10) Weekend or public holiday productions will only be billed if explicitly requested by the Client and agreed in writing.
§ 4 Conception, Marketing and Consulting Services
(1) Conception services marked “[CPT]” in the offer are free of charge for the Client provided the underlying project is commissioned and executed.
(2) If the project is not commissioned or executed, the [CPT] services provided shall be billed at the agreed hourly rates.
(3) For existing clients, conceptual, strategic or preparatory work is deemed regular, billable marketing or consulting work unless expressly agreed otherwise.
§ 5 Equipment Rental (Dry Hire)
(1) Equipment is rented without personnel. The Client is responsible for proper transport, setup, use and timely return.
(2) For personal handover, condition and completeness will be documented jointly. The Client must immediately report any obvious damage or missing parts. Failure to report constitutes acceptance in proper condition. For shipped equipment, the Contractor documents the condition prior to dispatch. The Client must inspect the equipment immediately upon receipt and report any issues in writing without delay. Failure to report constitutes acceptance in proper condition.
(3) Upon request, the Contractor may ship the equipment to the Client. Damage during outbound shipping is not charged to the Client; the Contractor handles claims with the carrier. Return shipping is always at the Client’s cost and risk. Damage, loss or theft during return shipping is borne by the Client unless provably caused by the carrier.
(4) The Client is fully liable during the rental period for damage, malfunction, contamination, loss and theft. Theft does not constitute force majeure. Liability also covers damage caused by third parties or improper use.
(5) No insurance is included. The Client must obtain insurance if needed (e.g., transport, event or equipment insurance).
(6) Late return: for each delayed day, a late fee equal to the agreed rental rate plus 40% applies unless otherwise agreed. Higher proven damages may be claimed. The Client may prove lower damages.
§ 6 Payment Terms, Default and Dunning Procedures
(1) Unless stated otherwise, invoices are due within 14 days of the invoice date without deduction.
(2) Granted discounts do not create any future legal entitlement. If discounts are withdrawn, a new quote reflecting the updated prices must be issued for all future projects without exception; in this case, § 2 para. 3 of these Terms and Conditions does not apply.
(2) Retainer and subscription services are billed in advance. Upon termination, prepaid intervals continue to be provided until the end of the period; no refunds are granted.
(3) The Contractor may suspend services during payment default until payment is made. Contract terms and payment deadlines remain unchanged.
(4) If payment is not made on time, the Client enters default automatically and without notice from the day following the due date.
(5) Communication during default proceeds as follows:
• Payment reminder: 2 days after default
• Second reminder: 5 days after default
• First formal notice: 10 days after default
• Second formal notice: 17 days after default
• Third formal notice: 24 days after default
• Legal action: from 35 days after default
(6) Cumulative reminder fees:
• Standard 13,80 EUR je Stufe; kumuliert: 13,80 EUR / 27,60 EUR / 41,40 EUR,
• Kulanz bei Rechnungen unter 1.000 EUR 10 EUR je Stufe; kumuliert: 10 EUR / 20 EUR / 30 EUR.
(7) Default interest:
• consumers: 4% annually
• entrepreneurs: 9.2 percentage points above the ECB base rate.
§ 7 Usage Rights
(1) All copyrights, related rights and other IP rights in works, designs, concepts, images, recordings and creative results remain with the Contractor unless explicitly agreed otherwise.
(2) Usage rights to final, approved deliverables are granted only after full payment of all invoices relating to the project. Any use prior to full payment is prohibited.
(3) Scope, duration and territorial reach of usage rights are defined in the offer or order confirmation. Any additional use requires written approval and separate remuneration.
(4) All materials created or provided during production — including but not limited to raw footage, drafts, previews, interim versions, non-final designs, PDFs, graphics or conceptual excerpts — may not be used, published, reproduced, archived or shared with third parties until explicitly approved in writing as final deliverables.
(5) The Contractor may use completed work — including images, films, designs, texts, strategies or concept excerpts — for self-promotion (online, print, social media, portfolio, presentations) unless the Client explicitly objects. For confidential projects, the Client may prohibit reference use in writing.
§ 8 Raw Data, Storage and Archiving
(1) Raw data — including RAW image files, LOG footage, unedited audio or video files, project files, layered designs or other working files — are not included unless explicitly listed in the offer.
(2) Raw data are only provided under a separate written agreement and against payment. No entitlement exists without such agreement.
(3) The Contractor stores or archives data only to the extent and for the duration defined in the offer. Additional storage requires a separate agreement.
(4) After expiry of the agreed storage period, the Contractor has no obligation to retain, secure or restore data. No liability is accepted for data loss outside the agreed period.
§ 9 Social Media, Publications and Responsibilities
(1) The Contractor provides social media services as agreed. Since platforms are subject to constant changes outside the Contractor’s control, the Contractor assumes no liability for:
• reach, performance or visibility of content,
• rejection, restriction or removal of content by platforms,
• account suspensions, shadow bans or similar measures,
• algorithm changes, technical issues or outages,
• violations of platform rules or laws caused by the Client.
(2) Publications on behalf of the Client only occur after written or electronic approval. Without approval, nothing will be published.
By granting approval, the Client confirms that:
• the content is legally permissible,
• all rights (copyrights, trademarks, personality rights, GDPR rights) have been obtained,
• no third-party rights are infringed,
• the content complies with platform rules.
The Client bears full legal responsibility for the published content.
(3) Delays due to missing approvals create no claims and no obligation to meet posting deadlines.
(4) For events, shoots or productions, the Client is solely responsible for obtaining GDPR-compliant consents and rights to images of persons involved. The Contractor assumes no liability, even if publishing on behalf of the Client.
§ 10 Non-Competition and Supplier Protection
(1) If the Contractor introduces suppliers, service providers, locations, models or other third parties, they may not be contracted directly for the project or follow-up projects within 12 months without involving the Contractor.
(2) In case of violation, the Contractor may claim a contractual penalty equal to the fee they would have received. Higher proven damages may also be claimed. The Client may prove lower damages.
§ 11 Cancellation Terms
(1) Cancellations must be submitted in writing. The date of receipt is decisive.
(2) Services already performed — including planning, conceptual, communication and organizational work — must be paid in full.
(3) If a bindingly reserved date is cancelled, the following applies:
a) Non-reusable dates: If the date cannot reasonably be reassigned (e.g., due to project specificity, preparation, team planning), 100% of the agreed rate is charged.
b) Reusable dates: If the cancellation occurs up to and including 8 business days before the date and reassignment is possible in principle, 30% of the agreed rate is charged — regardless of whether reassignment actually occurs.
(4) The Contractor may demonstrate higher damages. The Client may prove lower damages.
(5) Incurred or contractually binding third-party costs (locations, travel, external services, materials) must always be covered by the Client.
(6) Organizational effort for cancellation handling is billed according to actual time spent.
§ 12 Liability and Force Majeure
(1) The Contractor is liable only for intent or gross negligence. No liability exists for minor negligence except toward consumers in cases of breach of essential contractual obligations.
(2) Liability for indirect damages, lost profit, pure financial loss, production downtime or consequential damages is excluded to the extent permitted by law.
(3) Force majeure includes natural events, storms, floods, fire, war, terrorism, pandemics, strikes, governmental orders, infrastructure failures, energy outages and all events beyond control. Obligations are suspended during such events, and deadlines extend accordingly.
(4) No liability is accepted for data loss despite reasonable security measures, especially for data outside the agreed storage period.
(5) Liability for equipment damage during dry hire is governed exclusively by § 5.
§ 13 Goodwill Services
(1) Goodwill is voluntary and does not create any entitlement to repetition.
(2) Goodwill may be revoked in exceptional cases, particularly in cases of misuse, incorrect information or deceptive conduct.
(3) In cases of fraudulent intent, goodwill may be revoked immediately and future goodwill may be refused.
(4) If goodwill is not revoked, it remains final. No entitlement to future goodwill arises from past goodwill.
§ 14 Data Protection
The Contractor processes personal data in accordance with the GDPR and the Austrian Data Protection Act (DSG). Details are provided in the current privacy policy at:
https://www.brightmountains.net/privacy.
§ 15 Final Provisions
(1) Place of performance for all services is Innsbruck.
(2) Austrian substantive law applies, excluding conflict-of-law rules and the UN Sales Convention.
(3) For entrepreneurs, the exclusive place of jurisdiction is Innsbruck. For consumers, statutory jurisdictions apply.
(4) If any provision is invalid, the remainder remains unaffected. The economically closest valid provision shall replace the invalid one.