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TERMS AND CONDITIONS

 

MASIA REELS – GENTILEZA PELÍCULAS, S.L.

These General Terms and Conditions govern the contracting of the audiovisual services offered by GENTILEZA PELÍCULAS, S.L., holder of Tax ID (NIF) B-09973025, with registered office at Carrer de L’Equador, 2, 08029, Barcelona, which operates commercially under the brand Masia Reels (hereinafter, the “Production Company”), by any individual or legal entity contracting such services (hereinafter, the “Client”).

Acceptance of these General Terms and Conditions by checking the corresponding checkbox implies the reading, understanding and full and unreserved acceptance of their content, as well as the contractual bond between the parties.

The Annexes that, where applicable, accompany these General Terms and Conditions (including, among others, the description of packages, specific services, particular conditions and financial documentation) form an integral part of this contract and shall apply according to the service contracted by the Client.

  1. Scope of application and type of Client

1.1. These Terms apply to all services provided by the Production Company, regardless of the package or arrangement contracted.

1.2. Where the Client acts as a consumer, the mandatory provisions set out in consumer and user protection regulations shall apply.

1.3. Where the Client acts as a business or professional, the mandatory rules provided exclusively for consumers shall not apply, and the general contractual and commercial regime shall apply instead.

  1. Purpose of the contract

2.1. The purpose of this contract is the provision of personalized audiovisual services, including, depending on the package contracted and the provisions set out in the applicable Annexes, creative advisory work, scriptwriting, production, filming, post-production, editing, photography, videobook and distribution.

2.2. The Client acknowledges that the contracted service is highly personalized and executed on a bespoke basis, according to the Client’s personal, creative and professional characteristics.

  1. Roles and responsibilities

3.1. The Client participates in the process as an actor or actress.

3.2. All creative, technical and organizational functions necessary for the proper performance of the service (script, direction, production, casting, art direction, photography, sound, editing, color grading, etc.) are the exclusive responsibility of the Production Company.

3.3. No intervention by third parties or assumption of creative or technical functions by the Client shall be permitted, except with the express written authorization of the Production Company. Otherwise, the Production Company may terminate the contract due to breach attributable to the Client.

  1. Reservation of dates and essential nature

4.1. The filming dates agreed at the time of contracting are essential in nature and are firmly reserved.

4.2. No changes, rescheduling or postponement of the agreed filming dates shall be admitted, except in the following cases:

  1. a) Cases of force majeure, duly evidenced by official documentation (for example, a medical certificate rendering the Client unable to perform, or an equivalent legal or judicial document).
  2. b) Where there is an express prior written agreement between the parties, exceptionally authorizing the modification of the originally agreed dates, establishing, where applicable, the new operational, logistical or financial conditions applicable.

In the absence of such written agreement, the dates shall be considered firm and essential for all purposes.

4.3. In the event of accepted force majeure, the Production Company shall propose new dates subject to availability, without this implying any refund of amounts paid or additional financial compensation.

  1. Price, payment method and financing

5.1. The total price of the service shall be that previously communicated to the Client during the contracting process, by means of:

  1. a) sending a PDF document detailing the prices of the selected service, and
  2. b) express confirmation of the total service amount sent to the Client in writing, prior to payment, through direct messaging channels (such as WhatsApp) or email.

The Client acknowledges that such communication constitutes sufficient, clear and comprehensible information about the price of the contracted service, and that making any payment implies express acceptance of the total amount informed under the terms indicated.

5.2. Payment methods. The Client may pay the amount of the contracted service through one of the following methods, subject to availability and prior approval:

  1. a) Payment in full, consisting of payment of the total amount of the service at the time of contracting.
  2. b) External financing, through collaborating financial institutions (currently, Scalapay S.R.L. and Sequra), in all cases subject to the prior approval of the corresponding institution and to the contractual conditions established directly between the Client and such institution.

The specific conditions of the external financing (number of installments, amounts, interest, fees and other terms) shall be those determined by the financial institution in each case, without the Production Company having any decision-making power over its granting.

5.3 Exceptionally, and not publicly offered, the Production Company may authorize, at its sole discretion and only in specific cases, a deferred payment method managed directly by the Production Company, when access to the external financing options indicated in the previous section is not possible. This method does not constitute a general payment option, is not part of the Production Company’s ordinary commercial offering, and may not be requested or demanded by the Client.

If expressly authorized by the Production Company, such internal financing shall be limited to a maximum of four (4) installments.

5.4. Financing through third parties (for example, Scalapay S.R.L.) shall be subject to approval by the corresponding financial institution. The Production Company acts solely as an intermediary and assumes no responsibility for the financial relationship between the Client and the institution.

5.5. Total or partial non-payment of any amount owed, once twenty-four (24) hours have elapsed since the due date of the agreed payment term, shall entitle the Production Company, without need for prior notice, to:

  1. a) Immediately suspend the provision of the service.
  2. b) Withhold, in whole or in part, the deliverables.
  3. c) Terminate the contract due to breach attributable to the Client.
  4. d) Claim the amounts owed, as well as any corresponding damages.
  5. e) Expressly prohibit the Client from using, exploiting or transferring to third parties the materials already delivered by the Production Company.
  6. Cancellations

6.1. In the event of cancellation of the service by the Client after the booking has been made:

  1. a) The Client shall entirely forfeit the amounts paid up to the date of cancellation, including, where applicable, the deposit and any other payments made thereafter.
  2. b) Additionally, the Production Company may charge the Client for the costs corresponding to work already carried out, as well as expenses committed to third parties that are not recoverable at the time of cancellation.

All of the above is understood without any right to a refund, given the personalized nature of the service and the impossibility of reusing the work performed.

6.2. Exceptionally, the Production Company may consider requests for cancellation or modification arising from force majeure causes, provided these are duly evidenced by official documentation. Each case will be individually assessed by the Production Company, taking into account its specific circumstances and the stage of performance of the service at the time of the request.

  1. Technical guarantee

7.1. In the event of a serious technical defect attributable to the Production Company (objectively defective image or sound), it shall re-shoot the affected scene at no additional cost.

7.2. Disagreements relating to performance, script, aesthetics, physical appearance or creative decisions agreed upon in prior stages shall not be considered technical defects.

7.3. Under no circumstances shall a refund of the service amount be made once it has been performed.

  1. Scripts and creative process

8.1. In packages that include it, a Creative Advisory meeting will be held in which a list of original ideas for the script of each of the contracted scenes will be developed. The client will have 3 calendar days to confirm the selected ideas and communicate this by email.

8.2. Scripts will be prepared exclusively by the Production Company. The Production Company will take into account the needs, objectives, references and requests conveyed by the Client during advisory meetings and communications held, incorporating them to the extent that they are consistent with the creative and technical approach of the project.

8.3. No scripts or modifications made by the Client or by third parties shall be accepted without prior communication, consensus and express validation by both parties.

8.4. In packages that include it, the Client may request a second version of the script. Such version shall be considered the final version.

  1. Pre-Production and Filming

9.1. The Production Company reserves the exclusive right to propose and manage the locations where the filming will take place.

9.2. The Client must pay for the locations within the maximum time indicated by the Production Company and always prior to filming.

9.3. In accordance with the applicable regulations on audiovisual production, and in particular with current legislation in the film sector, during the filming it shall be mandatory to have civil liability insurance covering possible incidents, material or personal damages that may occur during its development. The arrangement of such insurance shall be managed by the Production Company and shall have a single fixed cost of fifteen euros (€15.00), which shall be charged to the Client and must be paid together with the remaining service amounts.

9.4. The search for, communication with and management of supporting actors and/or extras by the Production Company shall not entail additional management costs. However, the Client must pay an amount of fifty euros (€50) for each supporting actor or actress, for external travel and subsistence expenses.

Supporting actors will receive the finished product; delivery of raw footage is not included under any circumstances, except with the Client’s express authorization.

The Client may choose to manage the casting for the scene on their own, in which case they must notify the production department in advance and assume responsibility for ensuring the availability of the cast on the filming dates indicated by the Production Company. Under no circumstances shall changes to filming dates be admitted due to lack of availability of the cast proposed by the Client.

If the Client does not consider the casting proposal made by the Production Company suitable, they may request a second proposal.

9.5. The Client agrees to respect the dates, schedules and filming plan established.

9.6. Delays or extensions of filming caused by the Client’s lack of punctuality or lack of preparation may generate additional costs, which shall be borne by the Client.

9.7. The filming time indicated in the shooting schedule is for guidance only; if the scene is completed satisfactorily before the scheduled time, it will be considered finished, and if the Client expressly states disagreement during filming, the maximum time established will be used in full.

9.7. The Production Company is not responsible for the Client’s personal belongings during filming.

9.8. The Client acknowledges that the acting outcome depends on personal factors and does not constitute grounds for repeating or refunding the service.

  1. Post-production and deliverables

10.1. The Production Company shall deliver only the contracted final materials (scene(s) and edited videobook if included in the contracted package). No raw footage or project files shall be delivered.

10.2. The Production Company shall have a maximum period of forty-five (45) days from the last day of filming to deliver the final version of the contracted product.

10.3. The editing process shall be carried out in phases, with a first version without color grading or sound being sent, on which the Client may request a single round of justified changes within the agreed period; any additional revision may be quoted separately. Next, the final version with integrated color grading, sound and music shall be delivered, with no possibility of further modifications except for errors attributable to the Production Company.

10.4. If the videobook service has been contracted, it shall be edited taking into account the Client’s instructions and using the scenes that, in the professional judgment of the Production Company, are most suitable.

10.5. A limited revision system is established, according to the contracted package. Additional revisions may be quoted separately.

10.6. Once the final product has been delivered, the Production Company does not guarantee indefinite archiving of the materials.

  1. Distribution

11.1. Once the Client confirms proper receipt of the final product, the Production Company shall deliver, within a maximum period of seven (7) days, the Distribution Plan, which shall include recommendations, strategies and guidelines aimed at optimizing the dissemination of the material and its access to the professional market. Likewise, when included in the contracted service, the Client shall have private online access to the 11-module Course/Masterclass “Get your agent,” taught by Alberto Gallego, under the conditions and during the period indicated in the corresponding access communication. Access is personal and non-transferable and shall not give rise to any refund or financial compensation.

  1. Image rights

12.1. The Client authorizes the Production Company to use their image in the audiovisual work and in derivative materials, in any medium, format and territory, for the maximum legal period.

12.2. Such authorization does not cover uses that infringe the right to honor, privacy or one’s own image.

  1. Data protection

The Production Company shall process the Client’s personal data in accordance with current data protection regulations. Full information is available in the Privacy Policy accessible on the Masia Reels website.

  1. Commercial communications

Subscription to newsletters or commercial communications shall be voluntary and shall require the Client’s express and independent consent, which may be revoked at any time.

  1. Applicable law and jurisdiction

These terms are governed by Spanish law. The parties submit to the Courts and Tribunals of Barcelona, unless a different mandatory jurisdiction applies for consumers.

  1. Services and supplementary documentation

16.1. The Production Company offers, among others, the following audiovisual services and packages, the specific contracting of which shall be determined in each case according to the option selected by the Client:

  • Masia Basic: production of one audiovisual scene with original script, filming (2.5-3 hours in duration), full technical and creative crew, post-production and delivery of the edited final material, including a basic distribution plan and contact list.
  • Masia Standard: production of two audiovisual scenes, with extended creative advisory, original script, filming (2.5-3 hours in duration per scene), full technical and creative crew, advanced post-production and delivery of the edited final material, including distribution plan and contact list.
  • Masia Premium: production of three audiovisual scenes, with extended creative advisory, original script, filming (2.5-3 hours in duration per scene), full technical and creative crew, advanced post-production and delivery of the edited final material videobook, including distribution plan and contact list. Additionally, 1 hour of Online Rehearsal with a professional acting coach is provided.
  • Masia Plus: production of four audiovisual scenes, with extended creative advisory, original script, filming (2.5-3 hours in duration per scene), full technical and creative crew, Premium post-production and delivery of the edited final material videobook, including distribution plan and contact list. Additionally, 1 hour of Online Rehearsal with a professional acting coach is provided.
  • Videobook Editing: independent service or included depending on the package, consisting of the selection, editing and layout of the Client’s videobook.
  • Subtitles: subtitling of the audiovisual material in Spanish, English, Catalan and Basque. Other languages may be quoted separately or provided by the Client.

The detailed description, specific scope and particular conditions of each service shall be those communicated to the Client prior to contracting and shall be governed by the provisions of these General Terms and Conditions.

  1. Acceptance and proof of consent

17.1. Acceptance of these General Terms and Conditions shall be made by checking an unmarked checkbox, as well as by mandatorily completing the form available below, in which the Client must provide, at a minimum, their full name, email address and national ID number or equivalent identification document.

17.2. Checking the checkbox and completing the form constitute an express manifestation of the Client’s will to accept these General Terms and Conditions and are equivalent to signing the contract, with such consent being linked to the technical data of the transaction (date, time, IP address and version of the accepted document).

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