Terms & conditions

General

Quotations prepared by DB Video are valid for 15 days. Quotes are for informational purposes only and may be modified by the contractor. The following information must be submitted to DB Video at least one week BEFORE production begins:

• All aspects of production related to the content
• The complete planning/progress of the production, the script, the start time and the planned end time
• The number of participants (studio)
• Catering agreements
• All third party services
• A technical sheet (especially when an external company is hired for the decor, lighting, sound, etc.)
• Time and place of delivery (studio)
• Use of balloons, smoke, candles, fireworks, etc. (studio)
• A safety plan, if applicable
• Any prohibition for the contractor to take photos/videos during production
• Any other specific provisions

If the above information is not communicated to DB Video or is not communicated in a timely manner, the contractor cannot guarantee conformity, acceptability and availability.

The customer is responsible for complying with all legal provisions regarding their activities. DB Video is not liable for any damage, theft, or fines arising from the customer's activities.

Catering

The client is responsible for on-site catering. The client must inform DB Video if catering is not provided. DB Video charges a flat fee of €15 per person per meal if no catering is provided. Studio – Clients are not permitted to cook in the studio. A sandwich lunch can be provided by DB Video if the order is placed with reception before 10:00 AM. Please order in advance for 10 people or more. Clients may provide their own catering, which may only be set up in the green room next to the studio. Coffee, tea, and water are free. Vending machines are available; soft drinks cost €1 each. Clients may bring their own drinks. A refrigerator can be provided in the green room upon prior request.

Payment

The prices quoted by the contractor are exclusive of VAT. The quote is prepared based on the information provided by the customer. The invoice amount may differ from the quoted amount due to changing circumstances, incomplete or incorrect information provided by the customer. The quotation is deemed accepted after written approval, approval by email, or signature of the quotation. The invoice amount must be paid within 14 days of receipt of the invoice. For some orders, an advance payment may be required. Complaints or disputes must be submitted by registered mail within 8 days of receipt of the invoice. Submitting a complaint does not entitle the customer to withhold payment of the invoice, in whole or in part. If the invoice is not paid by the due date, statutory default interest of 1.5% per month applied automatically and without prior notice from the invoice date. Unpaid amounts will be increased automatically and without prior notice by a fixed fee of 15%, amounting to at least €1,000. In case of late payment, the customer may lose the benefits of any preferential pricing or calculation previously granted by DB.

Reservations

All telephone reservations must be confirmed in writing by email within 48 hours. Failure to confirm in writing will be considered invalid. Each confirmed reservation implies payment for the reserved equipment and/or personnel, as well as acceptance of the terms and conditions of the agreement by the customer. Any option taken on the rental/work to be carried out that is not confirmed within 72 hours will be considered invalid. It is not possible to reserve equipment more than two months in advance without written permission from DB.

Pick up of the equipment

The equipment must be picked up from DB's premises at 9:00 AM on the first day of the rental and returned before 9:00 AM on the day after the end date, unless otherwise agreed between the parties. Equipment collection is upon presentation of the signed order form. Upon collection, the customer or their representative will sign a delivery note, which forms the basis for the invoice. The signature of the delivery note by the customer or their representative implies unconditional acceptance of DB's full terms and conditions. After signing the delivery note, the renter is solely responsible for the equipment. The renter is responsible for collection by taxi, courier service, or similar means. The renter must notify DB if the equipment is used outside Belgium. Under penalty of non-insurance, DB must also be notified of any use that poses certain risks to the equipment (e.g., competitions, the exterior of a car, helicopter, boat, demonstration, war). DB reserves the right to refuse rental and collection of equipment at any time without providing compensation.

Condition of the rented equipment

The renter is deemed to have received the rented equipment in perfect condition. DB's technical department will inspect the rented equipment before collection. The renter is free to verify that the rented equipment is complete, functions correctly, and meets their requirements before accepting or signing the delivery note. Collection or receipt by the renter or their authorized representative is considered irrevocable acceptance.

ATA carnet for filming abroad

All renters must inform DB, at the latest at the time of collection, of the countries in which the equipment will be used or through which it will travel. If an ATA carnet is required for the rented equipment, the renter must contribute to the costs. Such a booklet must be requested at least eight business days before the start of the rental. The renter is solely responsible for maintaining the ATA carnet during the rental. The renter is also liable for any financial consequences or confiscation of the equipment due to improper use of the ATA carnet or if the equipment is used (or travels) in countries that do not recognize the ATA carnet.

Duration of the lease – delay and extension

The start and end dates of the rental are agreed upon in writing between the parties. The rental period is calculated in 24-hour increments. The duration begins upon receipt of the equipment and ends upon its return to DB's premises, including Sundays and public holidays, even if the equipment is not used on those days. A renter who does not collect or accept the rented equipment at the agreed time remains bound by the rental agreement for the agreed period. The renter can never invoke tacit renewal. DB must be notified of any extension at least 24 hours before the scheduled return, which is, of course, only possible with DB's consent. A renter who fails to return the rented equipment at the agreed time is automatically and without notice deemed in default of returning the rented equipment. Such late return automatically results in a statutory additional invoice, with the understanding that a full day will be charged for each 24-hour period started. All costs incurred by DB for loading, transport, unloading, etc., are the responsibility of the renter. The renter is also liable for any damages to DB and its clients due to a delay in returning the equipment. Obligations entered into by DB regarding the delivery date are not binding and do not constitute grounds for canceling the agreement or claiming compensation. The renter must be aware that they cannot acquire ownership of the rented item and that failure to return the item at the agreed time may result in penalties such as theft and/or fraud. The renter may not sublet or lend the rented item. Furthermore, they may not make the rented item available to third parties under any circumstances without DB's written permission.

Rental price

The rental price excludes 21% VAT. Rental prices are calculated per 24 hours. Invoices must match the rates applicable on the date of booking. Insurance is invoiced separately and is never included in the rental price.

Insurance of the rented equipment

Any renter without personal insurance must pay a premium equal to 8% of the rental value of the rented equipment. The equipment is not insured against "all risks" in any way. After payment of the premium, the rented equipment is insured against the personal risk of loss or damage resulting directly from fire, water, or any other cause, with the exception of: – theft, fraud, breach of trust, or any other crime; – theft from a vehicle, day or night, regardless of where the vehicle is parked; – theft during loading and unloading; – damage to accessories; – war and civil unrest; – negligence on the part of the renter; – damage to the optical element by laser beams or similar; – damage to LCD or plasma screens. The following are excluded from insurance coverage: filters, cables, and flight cases, as well as loss of profit and damage caused to production or to any of the subcontractors as a result of an accident or defect during the rental. Upon collection, the renter must show proof of their personal insurance for the known risks and for the duration of the appropriate insurance. This must be a comprehensive insurance policy for a value equal to the replacement value of the rented equipment, from the date of collection and for the entire period stated on the delivery note. A copy of the insurance policy must be provided to DB before the start of the rental. The renter acknowledges that DB cannot be held liable for any loss of profit or damage resulting from a defect in the rented equipment.Under no circumstances can the renter hold DB liable for loss of profit from a production. The insurance must be agreed upon with a deductible of 20% of the total damage amount, with a minimum of €1,500 excluding VAT. If the damage or loss is not covered by the insurance policy, the rental amount for the rented item must be paid on the day of the damage or loss. In addition, an amount equal to the rental fee for the period between the date of the damage and the repair or replacement of the equipment must be paid. At the time of booking, the renter must inform DB in which countries the equipment will be used or through which countries it will travel. The insurance only covers damage or loss in Belgium and the member states of the European Union. For other countries and certain filming situations, additional insurance is required, and the renter must inform DB of this.

Liability and risk

General.

The renter is at all times responsible for the rented equipment and must manage it with due care. The renter is expected to be aware of the value of the equipment and how it should be handled. DB cannot be held liable for unforeseen defects during the rental period. DB is not liable for the results obtained from using the rented equipment. Complaints must be submitted to DB immediately in writing, otherwise they will be deemed inadmissible. The renter may request that DB have the equipment tested by a DB technician. Complaints submitted after the equipment has been returned are no longer valid. The renter agrees not to carry out any modifications or repairs without the express written permission of DB. The renter may not remove or obscure the equipment identification (serial numbers, brand, equipment type, and identification of the equipment owner) in any way (stickers, paint, engraving, etc.).

Return of the equipment

The renter is responsible for returning the rented equipment in the same condition as it was in upon collection. Regardless of any recourse against third parties, the renter is liable for any losses, damage, changes, depreciation, etc. in the broadest sense, without the possibility of invoking third-party fault, accident, or force majeure against DB. However, receipt by DB does not constitute acceptance and does not preclude a possible claim for compensation. DB has 48 hours after receipt, excluding Saturdays, Sundays, and public holidays, to inform the renter of any findings of damage, depreciation, etc. DB does this by registered letter, requesting the renter to assess the damage at DB's premises within that same period (48 hours). If the renter does not respond within this period, the claim is deemed accepted. DB then has the authority to immediately carry out a repair or replacement and charge the costs and all losses in question to the renter.

Damage or loss.

During the entire rental period, including transport in both directions, the renter bears the full risk of loss or damage to the rented equipment. The renter undertakes to immediately notify DB of any damage, loss, accident, impact, or any other electronic, mechanical, optical, or aesthetic alteration to the equipment and to submit a written statement. In any case, the renter is liable for the costs of repair and standard adjustment for the equipment entrusted to them. If the damage or loss is the result of a crime, the renter must provide DB with the official report of the crime. For missing equipment (cables, accessories, etc.) not returned at the end of the rental agreement, the price of new equipment will be charged.

Termination of the lease

If the rental agreement is terminated due to gross negligence on the part of the tenant, including improper use, non-payment of rental costs due, offering the property to third parties, etc., the tenant, regardless of DB's right to compensation for demonstrable damage, must pay the agreed rental price for the agreed rental period in addition to compensation equal to two weeks' rent. Force Majeure. A. Force majeure is defined as circumstances that make fulfillment of the obligation impossible and that are not attributable to the seller/rental company. This also includes the following (if and to the extent that the circumstances make fulfillment impossible or unreasonably difficult): strikes at companies outside the seller/rental company, unofficial strikes or political strikes at the seller/rental company; general shortages of necessary raw materials and other resources or services required for the realization of the agreed work to be performed; unforeseen delays at suppliers or third parties on whom the seller/rental company relies, and general transportation problems. B. The seller/rental company also has the right to invoke force majeure if the circumstances that (continue to) prevent fulfillment of the obligations occur after the seller/rental company has fulfilled its obligations. C. In the event of force majeure, the delivery and other obligations of the seller/rental company will be suspended. If the period during which fulfillment of the seller/rental company's obligations is impossible exceeds three months in the case of sale and one month in the case of rental, both parties have the right to cancel the agreement without any obligation to pay compensation. D. If the seller/rental company has partially fulfilled its obligations at the time of the force majeure or can only partially fulfill its obligations, it has the right to invoice separately for the part already delivered and the part yet to be delivered, and the other party is obligated to pay that invoice as if it were a separate agreement. This does not apply if the part already delivered or yet to be delivered has no value in itself.

Work performed by technicians

Daily work activities, including transport, may last a maximum of 10 hours and must be carried out between 6:00 AM and 11:00 PM. A half-day consists of a maximum of 5 hours. Overtime or nighttime work will be charged extra. The technician decides whether or not to continue their work, ensuring optimal quality. Technicians cannot be held liable for delays during transport due to circumstances beyond their control (weather conditions, traffic jams, accidents, customs, delays). If work must be carried out in the morning more than 100 km from DB's premises, it is recommended to book a nearby hotel the night before. If the customer provides the equipment themselves, DB cannot be held liable for the quality or condition of the delivered equipment. The transportation costs of DB technicians will be charged to the customer upon their return. All additional costs for the technicians (travel, parking, freight, meals, drinks, hotels, etc.) are the responsibility of the customer. Such charges will first be charged to DB and will be increased by 15% to cover administration costs.

Copying and duplicating recordings

DB cannot be held liable under any circumstances for the poor quality of the recording or images provided by the customer. In the event of an incident during transfer or copying, DB agrees to provide blank tapes or hard drives of the same length or size. No claim can be filed against DB for damage related to the content of the images provided. The customer is deemed to have paid Sabam for the reproduction and distribution rights of images and audio provided to DB for making copies. DB cannot be held liable under any circumstances for such a failure on the customer's part. DB is responsible for the original tapes and copies during the copying process and for 24 hours thereafter. After this period, DB can no longer be held liable for loss, damage, or theft of the original tapes or copies. However, the customer must pay the costs for the work performed. The billing periods begin at the time of the first sound or image and end at the time of the last sound or image. Any exceptional process will result in an additional invoice from a technician. All copying or duplication work, as well as the delivery of tapes, must be paid in cash upon collection of the items. Duplication costs always exclude the price of the tapes, covers, and VAT. The customer can provide the tapes for copying. These must be free of audio and visual signals. The customer can request a short presentation of the copy at DB's premises. No complaints regarding the work will be accepted after the work has been delivered to the customer. Collection and return of the material are by courier. The work performed and the original copy will only be sent by courier if the full amount for the work has been paid in advance. Delivery by courier is at the customer's expense and risk. DB can provide cash on delivery. The delivery price will be determined before the courier departs. All work implies unconditional acceptance of these general terms and conditions, which under no circumstances can be superseded by the customer's general terms and conditions. DB reserves the right to retain the original tape and copies as long as the customer refuses to pay. Rights and Publicity. The rights to use and distribute the footage recorded by DB's cameramen remain the property of DB until full payment of the invoiced amounts for the work performed has been received. The paid invoice constitutes the transfer of the rights to the client (see Sabam). DB is entitled to a copy of the rushes or final footage (at its own expense) recorded by its own technicians, for use in editing a demo film for DB. DB guarantees that the rushes of the final product will not be commercially exploited (storage, stock footage, third-party promotion, etc.). Footage intended for distribution on a television network or in cinemas, for which the program has opening and closing credits, must include both the names of the technicians and their roles during filming, as well as the name DB Video. The following provisions do not apply if the customer is a private individual within the meaning of Article 1 of the Act of 14 July 1991 on trade practices and consumer information and protection: 1.3 2.2 2.3 2.3 2.5 2.8 2.9.

Complaints

In the event of bankruptcy, insolvency, or default of the buyer/renter, the buyer/renter's obligations must be fulfilled immediately. Payments by the buyer/renter will be deducted firstly from all outstanding rental costs and charges, and secondly from the oldest outstanding invoices, even if the other party indicates that the payment relates to a different, later invoice. B. Items delivered by the seller remain the property of the seller until the buyer has fulfilled all its obligations under all agreements with the seller: payment for the item(s) delivered or to be delivered, payment for services provided or to be provided under the sales agreement(s), or any claim arising from the buyer's breach of one or more sales agreements. C. Items delivered by the seller that are subject to the retention of title in subclause B may only be resold in the normal course of business. The buyer is also not entitled to rent or mortgage the items, or to grant any other rights to the items. D. If a buyer fails to fulfill their obligations or there is a well-founded fear that they will not do so, the seller is entitled to remove, or have removed, the delivered items subject to a retention of title in accordance with subclause B from the buyer or a third party holding the goods for the buyer. The buyer must cooperate on penalty of a fine of 10% of the amount due. E. If third parties wish to establish or enforce rights to items delivered under a retention of title, the buyer shall inform the seller of this as soon as possible.

Copyright

By signing the order form, the customer agrees to indemnify DB against any third-party claims relating to any copyright. If justified and to the extent permitted by law and practice, DB will invoke the copyright of all its employees. DB also has exclusive rights to all technical rights related to the work delivered, such as reproduction, editing, and reworking. This includes copying in any form. This list is not exhaustive. A quote per copy can be prepared in advance upon the customer's request.

Storage of recording/editing tapes

Images are only archived at the client's request. These images are stored for one year at an additional cost. In that case, a fixed annual fee will be charged.

Duplication and editing

The quality of our work is determined to a certain extent by the equipment provided by the client. We will endeavor to achieve the best possible quality with the equipment, which we regularly inspect for its technical condition, without being obligated to guarantee the results. Any wear and tear we have indicated in writing to the original equipment supplied to us and/or produced by us, which leads to a reduction in the quality of the copies we produce, will under no circumstances constitute grounds for rejecting the copy work entrusted to us or for liability for damage to the original equipment in question. Research has shown that hard drives can age. Regarding the images for which we are responsible, we guarantee that we will store the material as specified by the manufacturer. After a period of one year, we no longer accept liability for the reuse of such materials. The client is fully responsible for the final product. After viewing, the client cannot revoke any spelling or editing errors. Additional charges will apply for adjustments. When an original DVD or tape is released, the client is also responsible for the content of that original. If the customer has agreed that the product we created and the materials we supplied will be collected from our premises on a specific date, we reserve the right, in the event of non-collection, to return these materials to the customer, postage paid, by registered mail within one week.

Studio

Our studio is open during office hours. Upon request, we can open the studio outside these hours at no extra cost. A technician must be hired along with the studio. If the studio is damaged during use, additional decoration costs will be charged. Our clients are liable for all legal and extrajudicial costs incurred in collecting payment through legal and other procedures, up to a maximum of 15% of the amount due. The renter has access only to the rented spaces. The studio rental includes the use of the green room next to the studio and the makeup area. It also includes water and electricity consumption. All other items, such as the use of other spaces, materials, personnel, etc., are considered extra and may be invoiced. Loading and unloading is only permitted in the designated areas after contacting dispatch. Open flames, welding, smoking, or grinding are prohibited in the studio. A lifting plan must be submitted before the start of production. Overloading is prohibited at all times and constitutes grounds for terminating the production without any claim for compensation. Doors, fire hoses, hallways, and stairs must remain freely accessible at all times. The entire building is smoke-free. Smoking is prohibited in all areas. Alcohol, drugs, and animals are prohibited. Parking is only permitted in designated areas. Driving a vehicle into the studio is prohibited. Cleaning paint rollers/brushes in the sinks is prohibited. Taking water from fire hoses is prohibited. Placing signs on walls and doors is prohibited. All materials, products, and tools used must comply with legal requirements. All waste related to studio activities must be removed by the client. Waste must be disposed of in the designated containers. Flight cases must be returned to the warehouse. Dispatching must inspect all materials after use. For safety reasons, the building is divided into different zones, accessible with a badge. Lost or unreturned badges will be charged €25 each. Any damage occurring during the assembly/disassembly of the production must be reported immediately to dispatching. These damages will be charged to the client. A quote will be prepared as soon as possible. The studio must be left clean and tidy. All tapes must be removed from the floor or other surfaces. Failure to do so will incur additional charges. DB Video will handle any water cleaning and will include the invoice amount. All cables, materials, and lighting must be returned and stored in the condition they were in before production. Failure to comply with these rules may result in termination of the agreement or compensation.

Access to the studio

The building is accessible between 8:00 AM and 6:00 PM. The studio is rented for 10 hours. Requests for different hours must be made one week in advance. In that case, additional staff may be needed to access the building or to lock it up afterward. In that case, overtime may be charged, which can amount to up to €40 per hour. This rate applies to each hour outside normal opening hours. For weekend shoots, consultation with the client is required to determine whether an additional employee is needed to access the building. In that case, additional costs may apply. For deliveries or storage of goods, a date and time must be agreed upon in advance with dispatch. For goods/decoration left at DB Video for more than 24 hours after production, a storage fee may be charged for each day these goods/decorations are not collected. After 10:00 PM, recording/production in the studio must not cause any nuisance to the neighbors.

Environment and waste

The client must remove all waste from the occupied and rented spaces in accordance with legally applicable waste sorting regulations. All technical points and wiring must be restored to their original condition. Outdoor areas must also be cleaned. Any waste remaining in the buildings 24 hours after production will be removed by DB Video. Additional charges may apply. DB Video will then clean with water. These charges will be included in the quote and billed to the client. Excessive stains requiring additional measures may result in additional charges. All unintentional environmental problems or contamination must be reported immediately.

Safety

The client is expected to comply with all legal safety regulations. Access doors, emergency exits, stairs, fire extinguishers, and fire hoses must always be freely accessible. Doors equipped with a door pump must not be blocked in the open position. The client may never open or close valves, operate equipment, switch switches, or change settings on their own initiative. Working on existing utilities such as electricity, sewer systems, or gas lines is prohibited. The client is responsible for the participants in the production. The client must ensure that their guests, employees, etc., are sober. If necessary, DB Video may remove participants from the studio.

Data protection

DB Video and the client acknowledge that, depending on the nature of the processing, they act as controller and/or processor of personal data in the context of the performance of the agreement. Both parties agree to comply with applicable data protection legislation, including the General Data Protection Regulation (GDPR).

It is understood that, in the context of the provision of the services, the terms “controller” and “processor” may apply to one or both parties, depending on the specific processing of personal data.

When a party acts as a processor, it undertakes:

• To implement and apply appropriate technical and organisational measures to ensure that processing complies with legal data protection requirements and that the rights of data subjects are protected.
• To cooperate with and assist the controller during the processing of personal data, and to inform the controller without undue delay of any use that may result in a risk to the personal data.
• To notify the controller of any data breach within twenty-four (24) hours of becoming aware of it, so that it can fulfil its legal notification obligations towards the competent supervisory authority and, where required, the data subjects.
• To assist the controller in responding to data subject requests within the legally established timeframes by providing access to all necessary information and by reporting such requests without undue delay.
• Not to transfer personal data to countries outside the European Union, unless these countries offer an adequate level of protection as recognized by the European Commission, or if the transfer is made on the basis of standard contractual clauses approved by the European Commission.
• Not to outsource the processing of personal data, in whole or in part, to a subprocessor without the prior written consent of the controller.
• To ensure that its personnel only have access to personal data to the extent necessary for the performance of the agreement, and that such personnel are bound by appropriate contractual obligations regarding confidentiality, data protection and data security.
• To return all personal data, documents and data carriers processed or obtained in the context of the agreement at the request of the controller after termination of the agreement or to destroy them in a secure and GDPR-compliant manner and to confirm such destruction in writing upon simple request.
• To allow the controller to conduct controls or audits that are reasonably necessary to verify compliance with applicable data protection regulations.

Liability

The contractor is not responsible for theft from the client or third parties. Thefts must always be reported to the police. To ensure safety, 24/7 security cameras are installed in and around the building. The building is also equipped with an alarm system. A first aid kit is available in the building. For productions with more than 500 participants, the organizer must hire a Red Cross station, compile a list of important telephone numbers, and post the emergency numbers at the entrance. All electrical installations and equipment (elevator, telescopic crane) are certified. The building is equipped with the legally required fire detection system. If the client triggers a false fire alarm, a €500 compensation fee may be charged. The client must treat the rented space with due care and observe the instructions for use and all rules and regulations. Any damage must be reported. Any damage to the rented space/materials caused by the client will be charged to the client. The client must return the studio and equipment in the same condition after the rental period. No surfaces may be painted, masked, or covered without the contractor's prior written consent. All equipment must be delivered in perfect condition and free of defects. By first using the premises, the client confirms that they have received the rented space in good condition. Any deficiencies or errors must be reported to DB Video within one hour. The client must return the rented item in good condition and in the provided packaging before the end of the rental agreement. Otherwise, DB Video may charge a fee.

Copyrights

The client is responsible for obtaining copyrights and/or other rights required by the relevant authorities for the production. DB Video may take photos and videos for promotional purposes during production, unless the client expressly states otherwise.

Force majeure

All cases of force majeure, including transport restrictions or delays at DB Video's suppliers, disruptions, outages, or deficiencies at external service providers, or import bans or restrictions, entitle the contractor to cancel or suspend its delivery and implementation obligations in whole or in part, without DB Video being liable for any damage caused as a result. 

Force majeure is expressly understood to include disruptions or interruptions at external cloud, hosting, network, or internet service providers that DB Video relies on for its services, insofar as these are beyond DB Video's reasonable control.

If the client wishes to terminate the agreement, only the provisions of the chapter “Cancellation” apply.
 

Disputes – jurisdiction

All disputes fall exclusively under the jurisdiction of the courts of Antwerp and the Justice of the Peace of Antwerp. We reserve the right to apply the usual rules of the jurisdiction.

In the event of any differences in interpretation between the different language versions of these general terms and conditions, the Dutch version shall prevail.

Cancellation

In case of cancellation of the agreement, the client owes a cancellation fee, as follows:

• In case of cancellation less than 7 calendar days before the start of the project: 25% of the total cost of the assignment
• In case of cancellation less than 3 calendar days before the start of the project: 50% of the total cost of the assignment.