Freelancer Terms of Engagement
These terms govern your engagement as an independent freelance contractor with Fullplay Media (Einzelunternehmen, Kandelstr. 7, 79541 Lörrach, Deutschland — "Fullplay", "we", "us") via the project portal at ops.fullplaymedia.ch.
By ticking the acceptance box when you first log in to the freelancer portal, you agree to these terms. The version in force at the moment of acceptance is recorded with timestamp and IP address as evidence of consent.
1. Independent Contractor Status
You provide services to Fullplay as an independent contractor. Nothing in these terms creates an employment, partnership, agency or joint-venture relationship. You are responsible for your own taxes, social-insurance contributions and any business-registration or licensing obligations applicable to you in your jurisdiction. You may work for other clients freely; there is no exclusivity.
2. Per-Job Engagement Model
Each engagement is offered to you as a discrete Job Offer sent through the portal. A binding contract for a specific job is formed only when you accept that Job Offer (by clicking "Accept" on the offer page or replying in writing). Until then, no obligation arises on either side.
The Job Offer specifies: role, dates, location, day-rate or fixed fee, expected deliverables, and any constraints. These freelancer terms apply to every Job Offer you accept; the Job Offer itself governs the specifics.
3. Deliverables, IP & Usage Rights
For each job you accept, all raw and finished deliverables you produce in the course of the engagement (camera files, audio, edits, graphics, drone footage, photographs, project files, LUTs, grade notes, etc.) become the exclusive property of Fullplay (or, where the Job Offer so specifies, our end client) upon full payment of the corresponding invoice.
You grant Fullplay an irrevocable, worldwide, perpetual, transferable licence to use, modify, sub-license and distribute these deliverables for any purpose, including onward licensing to the end client. Where applicable, you assign the corresponding economic copyrights and neighbouring rights to the maximum extent permitted by law.
You may use the deliverables in your own portfolio after the project is publicly released, unless the Job Offer expressly forbids this for confidentiality reasons.
4. Confidentiality & Client Data
You may be exposed to confidential information about Fullplay, our clients or third parties (briefs, scripts, internal plans, financials, personal contact details, footage). You agree to:
- Keep all such information strictly confidential.
- Use it solely for the purpose of performing the agreed work.
- Not publish, share or post any footage, stills, behind-the-scenes content or details on social media or elsewhere without Fullplay's prior written consent.
- Return or securely destroy all materials within a reasonable time after delivery, unless we have agreed otherwise.
This obligation survives termination of your portal access and any individual Job Offer.
5. Personal Data Processing (GDPR)
When working on a Fullplay project you may process personal data of Fullplay clients, talent or third parties (e.g. names, contact details, image and voice recordings). For that purpose you act as a sub-processor on behalf of Fullplay within the meaning of Art. 28 GDPR. You agree to:
- Process personal data only on documented instructions from Fullplay and solely for the purpose of the assigned job.
- Apply appropriate technical and organisational security measures (encrypted drives, password-protected transfers, no public cloud uploads of unreleased material).
- Not engage further sub-processors without our prior consent.
- Notify Fullplay without undue delay if you become aware of any personal-data breach concerning project data.
- Delete or return the personal data after the engagement, unless retention is required by law.
Your own personal data (name, email, phone, day rates, login credentials) is processed by Fullplay as a controller, exclusively for managing our contractor relationship and complying with our legal obligations. The processing is described in our Privacy Policy, which applies in addition to these terms.
6. Equipment, Insurance & Safety
Unless the Job Offer expressly includes a rental, you provide your own equipment and software. You are responsible for ensuring it is in safe working order and appropriate for the agreed task.
You confirm that you maintain (or will maintain before the relevant shoot) any insurance reasonably required for the work you accept — typically professional liability insurance and, for drone operators and similar specialised roles, the licences and insurance required by local law.
On-set you follow all reasonable safety instructions of the production lead and local authorities.
7. Invoicing & Payment
After completing an accepted job you invoice Fullplay (or, where so instructed, our partner company on the project) using your own legal entity. Standard payment term is 30 days from invoice date, by bank transfer in CHF or EUR as specified in the Job Offer.
VAT / Mehrwertsteuer is your responsibility; charge it correctly if you are VAT-registered, otherwise issue a small-business invoice in line with the rules applicable to you.
Expenses (Spesen — travel, accommodation, per-diems) are reimbursed at cost when pre-agreed in the Job Offer; otherwise they are deemed included in your fee.
8. Cancellation
If Fullplay cancels an accepted shoot due to circumstances within our control:
- More than 7 days before the shoot: no cancellation fee.
- 3-7 days before: 50% of the agreed fee for the cancelled day(s).
- Less than 3 days before: 100% of the agreed fee for the cancelled day(s).
If the cancellation is due to force majeure (illness with sick note, severe weather, official restrictions) neither side owes a cancellation fee, and we'll make a good-faith effort to reschedule.
If you need to cancel your own attendance after accepting, please notify us as early as possible and assist us in finding a suitable replacement.
9. Liability
Each side's liability towards the other is limited to direct damages and to a maximum of the fees paid (or owed) for the job giving rise to the claim. Indirect, consequential or lost-profit damages are excluded to the maximum extent permitted by law. This limitation does not apply to damages caused by intent or gross negligence, nor to liability that cannot be excluded under mandatory German law.
10. Termination of Portal Access
You may stop using the freelancer portal at any time by emailing info@fullplaymedia.ch. We may suspend portal access in case of material breach of these terms or the confidentiality obligations, with reasonable notice and (where the breach is curable) a fair opportunity to cure. Suspension of portal access does not affect open accepted jobs unless we expressly cancel them under section 8.
11. Governing Law
These terms are governed by the substantive law of the Federal Republic of Germany, excluding its conflict-of-laws provisions and the UN Convention on Contracts for the International Sale of Goods (CISG). The exclusive place of jurisdiction for all disputes arising out of or in connection with these terms is Amtsgericht Lörrach, Deutschland, to the extent permitted by law.
12. Contact
Fullplay Media, Kandelstr. 7, 79541 Lörrach, Deutschland — info@fullplaymedia.ch.