General Business Terms for business customers for using the services of InFrame
Effective as of: 2025
These Terms constitute a binding Public Offer Agreement between the Contractor (InFrame) and the Client (real estate agent, agency, or other business customer). By placing an order for a photoshoot or video shoot, the Client automatically accepts these Terms.
1. Definitions
Material – the final photographs and/or videos, selected or edited by the Contractor and delivered to the Client.
Raw Material – all original files created during the shoot, which are not included in the final delivery. Raw Material remains the property of the Contractor and will not be provided to the Client.
Agreement - in the context of these General Business Terms means the individual agreement inclusive of the following General Business Conditions.
2. Preamble
With this Agreement regarding the creation of photographs and/or videos and the concession of usage rights for this Material, the contractor is granted the right to use the Material on the basis of the license.
3. Object of the agreement
The object of this Agreement is the making of and granting of rights to the Material prepared by the contractor for the client.
The agreement obliges the parties to carry out multiple film shoots, each representing individual service agreements (hereafter each referred to as “Order”). If not referred to differently in the following clauses, this refers to every individual order.Each order for a photoshoot or video shoot (the “Order”) is confirmed individually (by email, phone, or booking form). Prices and details are agreed upon before the shoot.
4. Application of the General Business Terms
These General Business Terms also apply to future agreements as amended. They also apply if the client refers to its own business terms, particularly in the case of offer acceptance or order confirmation, unless agreed in writing by the contractor.
5. Obligations of the Contractor
The contractor undertakes to produce the contractual Material in accordance with the specifications in the agreement.
The contractor may engage subcontractors for this purpose.
For every Order, the time and place of a shoot will be stipulated by the parties by mutual agreement
The client may refuse to grant approval if the Material does not meet the contractual requirements.
After completion of the Material, the contractor must convey the Material to the client. The contractor has no obligation to deliver or transfer the Raw Material. The client may retain copies of the Material to use as a reference for its client acquisition.
6. Processing
The Contractor provides editing of photographs, video post-production, and any additional services purchased by the Client on the basis of mutual agreement. Basic photo editing (such as color correction, cropping, perspective adjustments, sky replacement, or object removal) is included. Any extended editing, video production work, or other extra services will be carried out as specifically agreed between the parties.
7. Granting of Rights
The contractor confers on the client, within scope of the legal protection period, the locally unrestricted right to tangible and intangible use of the Material. All rights are granted as exclusive rights, i.e. for sole use by the client. An exception is made for the entitlement of the contractor and its subcontractor to use the Material as reference for its own client acquisition purposes.
Rights are transferred upon full payment.
The client may use the Material in an unrestricted manner, in particular for any kind of advertising (print, online, indoor and home displays, TV, videos, on- demand) as well as for product packaging.
The granting of usage rights includes reproduction rights, distribution rights and the right to exhibit (tangible exploitation rights), the right of recitation, performance and presentation, the right to make publicly available (particularly on the internet), the right to broadcast, the right to reproduce via image and sound media and the reproduction rights of radio transmissions and of occasions when the Material was made available to the public (intangible exploitation rights) as well as all unknown types of use.
In particular (not conclusively, however), the granting of usage rights includes, in view of the usage intended by the client, the following rights and intended uses:(i) the unlimited right to use the Materials in books, documentation, advertising efforts, canvassing for advertisers (incl. posters), brochures and catalogues, for all print and digital output without a limitation on numbers both domestically and abroad;
(ii) the unlimited right to share the Material, in the context of press and public relations activity, to third parties for publication, reproduction and distribution;
(iii) the unlimited right to present the Materials within the context of exhibitions and events, in both digital and analogue form
(iv) the unlimited right to commercial exploitation of content through the production and sale of wares of any kind (e.g. clothing, print publications);
(v) the unlimited right to make publicly available, preproduce and distribute the Material within a website or as part of any other internet service (e.g. making it available to download);
(vi) the unlimited right to reproduce and distribute the Material on all known and future storage media (e.g. DVD, Blu-Ray or other HD disks, flash memory cards, memory sticks, other chips);
(vii) the unlimited right to archive the Material in any form (including in an electronic database with other photographs and texts) and particularly to record in a digital form and save on any known and future storage media or data carrier together with other works or partial works, to reproduce, rent and/or distribute these data carriers in any form as well as making the contents publicly available and transferring it via stationary or mobile media as part of a remote data transfer (e.g. on-demand, with or without download), as well as allowing printouts of paper copies by the respective end customers.
The Contractor may use selected Material solely for self-promotion (portfolio, website, presentations).
The rights to the Raw Material is not granted.
8. Right to Edit
The client obtains – for the duration of the license – the right to edit and adapt the Material to the respective intended use (such as retouching, colour-editing and resolution changes). The client is also granted the right to digitally alter the footage and extract sections. The rights to the Raw Material is not granted. The client thus respects the moral rights of the subcontractor (photographer or cameraman). The contractor undertakes to agree with its subcontractor that it will waive the right to credit in accordance with the Copyright Act, as long as this is legally admissible.
9. Other permissions and consent
The client will, under its own responsibility, obtain from third parties the permissions/consent necessary to create the Material. Notably, the contractor will, if legally required,
(a) obtain consent from individuals who are personally recognisable in the Material;
(b) obtain consent from individuals in whose home the Material was recorded;
(c) obtain official authorisation;
(d) obtain consent from individuals whose intellectual property rights are affected by the recording of the Material.
(e) obtain consent from individuals insofar as this is required for the processing of their personal data.
The client thereby respects the legal regulations that apply to obtaining consent and permissions agreed.
Should third parties make claims against the contractor based on a culpable breach of this Agreement by the client, the client indemnifies the contractor against all these claims.
The client grants, insofar as it is authorised, the permissions and consents necessary for the fulfilment of the Agreement. If the client can only participate in granting permissions or consent, it is obliged to do so in good faith.
10. Personal Data
The subject of the Agreement is real estate only. The Contractor does not intentionally capture personal data of individuals.
If any personal data (faces, nameplates, documents) appear, the Contractor will blur or remove them upon request.
The Client is responsible for ensuring that property owners or tenants have been informed about the shoot and have given any necessary permission.
All personal data is processed in compliance with the Law of Georgia on Personal Data Protection (2024) and stored only for the purpose of fulfilling the Order.
11. Fees and Payment
The contractor receives the remuneration agreed for carrying out the shoot and producing the Material for each Order, and a one-off flat fee in accordance with the Agreement.
Any Material costs, travel and subsistence expenses, or any other costs that may arise in connection with the shoot and the creation of the Material, as well as for the granting of usage rights, are to be compensated along with the flat fees. This does not apply to the remuneration of unknown usage types.
Payment shall be made either as 100% in advance prior to the photoshoot, or 50% in advance and 50% after the photoshoot.
In case of cancellation without rescheduling less than 24 hours before the scheduled photoshoot, the 50% deposit is non-refundable.
Fees per shoot/property are communicated before each Order. Prices are quoted in GEL.
12. Rescheduling and Cancellation
The client may reschedule or cancel individual orders without payment, provided that the cancellation takes place more than 72 hours before the start of the arranged shoot. In the case of a cancellation that takes place 72 hours or fewer but more than 12 hours before the start of the arranged shoot, the client is liable for half of the agreed payment for this individual shoot. In the case of a cancellation that takes place 12 hours or fewer before the start of the arranged shoot, the client is liable for all of the agreed payment for this individual shoot. No other ordinary termination rights exist if they are not otherwise stipulated in the Agreement.
Force majeure (power outage, protests, road closures, severe weather) allows rescheduling without penalty.
13. Non-Solicitation
During the cooperation and for 12 months thereafter the Client undertakes not to enter into any agreements with the subcontractors of the contractor regarding the provision of services or working relationships involving photography or video production..
14. Confidentiality
The parties undertake – for the duration of the Agreement and for a period of one year after its end – not to divulge any information obtained and which relates to confidential business affairs or transactions of the company or business entities linked to the company, and only to use this kind of information for the purposes of this Agreement. This particularly applies to trade secrets, confidential data, information and expertise regarding products and processes. The obligation particularly relates to all non-public information about industrial property and intellectual property rights, software and/or hardware, new products from the company and its business partners that have not yet been made public, finances, business development strategies and plans, as well as names of current and potential customers and business partners.
The obligation does not apply to information that
is or will be generally known without a breach of this Agreement or
is made known to third party recipients without confidentiality requirements or violation of this Agreement or
the recipients of the information can prove they already possessed or independently acquired or developed before the Agreement came into force or
has been approved for disclosure by the company, in writing, or
must be made public due to the law or regulatory action..
15. Final clauses and disclosure requirements
Changes to this Agreement must take place in written or text form; this also applies to changes to the written/text form requirement.
If individual provisions in this Agreement are or become partly or entirely unworkable, the validity of the rest of the Agreement remains unaffected. Such provisions are to be replaced by the remaining regulations as far as possible by applying supplementary interpretation, or otherwise replaced consensually by the parties with regulations that are most suitable for achieving the aims of the Agreement, taking into account the interests at hand and common requirements for creating regulations that are legally effective.
This Agreement is governed by the laws of Georgia.
Any disputes shall be settled by the Tbilisi City Court, unless otherwise agreed.
English is the governing language of this Agreement.
To ensure that the contractor can fulfil its legal requirements towards the client regarding information and disclosure in a timely and complete manner, the client will immediately, without solicitation, inform the contractor of any changes of address via registered letter.
