General Terms and Conditions

Cinemarcell – photography, videography and creative content production

Website: www.cinemarcell.hu
Effective: from 31 August 2026
Version: 2.0
Published: 31 August 2026

1. SCOPE AND PURPOSE OF THE TERMS AND CONDITIONS

1.1. These General Terms and Conditions (hereinafter: Terms and Conditions) contain the general terms of the photography, videography, creative content production and related post-production services provided by Horváth Marcell, sole trader, operating under the brand name Cinemarcell (hereinafter: Service Provider).

1.2. These Terms and Conditions apply to all contractual relationships arising between the Service Provider and the Client, as well as to the use of the website www.cinemarcell.hu.

1.3. These Terms and Conditions qualify as general terms and conditions under Act V of 2013 on the Civil Code (2013. évi V. törvény a Polgári Törvénykönyvről).

The Terms and Conditions become part of the contract between the Parties if the Service Provider has made it possible for the Client to become acquainted with them, and the Client has accepted them expressly or by implied conduct.

1.4. If any provision of an individual contract, an accepted written offer or an Order Form differs from the provisions of these Terms and Conditions, the provision of the individual agreement shall prevail.

1.5. The current version of the Terms and Conditions is available on the website www.cinemarcell.hu.

2. DETAILS OF THE SERVICE PROVIDER

Name of Service Provider: Horváth Marcell, sole trader
Brand name: Cinemarcell
Registered seat: 1104 Budapest, Mádi utca 159.
Tax number: 59627236-1-42
Date of establishment: 26 October 2022
E-mail: hello@cinemarcell.hu
Website: www.cinemarcell.hu

The Service Provider is a sole trader registered in Hungary.

3. DEFINITIONS

3.1. Client / Customer: the natural person, legal person or other organisation that orders a service from the Service Provider.

3.2. Consumer: a natural person acting outside the scope of their profession, independent occupation or business activity.

3.3. Work: a photograph, video, audiovisual creation, graphic element or other work protected by copyright, created by the Service Provider.

3.4. Raw Material: all unprocessed RAW photo files, original video files, audio recordings, project files, timelines, catalogues, working files and other files used to create the final Work.

3.5. Service Day: the calendar day on which the Service Provider performs the photography or videography previously agreed with the Customer.

The Service Day is not the day on which the finished material is delivered.

3.6. Final Material: the photo and/or video material selected, processed, edited and deemed ready for delivery by the Service Provider.

4. FORMATION OF THE CONTRACT

4.1. The services, packages, examples and any prices indicated on the website www.cinemarcell.hu are for information purposes only and do not in themselves constitute a binding offer.

4.2. Based on the Client's enquiry, the contract is formed:

• by acceptance of the Service Provider's written offer;
• by acceptance of an Order Form;
• by signing an individual contract;
• or by payment of the booking fee determined by the Service Provider

4.3. A statement made by e-mail or in another electronic form that can subsequently be proven shall qualify as written communication between the Parties.

4.4. In the absence of any other provision, the Service Provider's offer is valid for 30 days from the date of issue.

4.5. The Service Provider is entitled to refuse an enquiry or order without giving reasons.

5. SCOPE OF SERVICES

5.1. The Service Provider provides in particular the following services:

• portrait photography;
• couple and family photography;
• wedding photography and videography;
• event photography and videography;
• business and corporate portrait photography;
• fashion and editorial photography;
• advertising and branding content production;
• cinematic video production;
• social media content production;
• product and business content creation;
• photo and video post-production.

5.2. The specific content, location, date, duration, fee, payable booking fee and any other conditions of the particular service are set out in the individual offer, Order Form or contract.

6. BOOKING, FEES AND PAYMENT TERMS

6.1. The fee for the services is determined on the basis of an individual offer.

6.2. The requested date is only considered booked from the moment the booking fee determined by the Service Provider is received.

Any prior consultation or verbal confirmation of a date does not in itself constitute a booking.

6.3. Without prejudice to the mandatory consumer rights provided by law, the booking fee paid is non-refundable in the event of cancellation within the Client's sphere of interest or failure of the service for reasons attributable to the Client.

6.4. If performance is not possible for reasons within the Service Provider's sphere of interest, the Parties shall primarily seek to agree on a new date.

If this is not possible or is not acceptable to either Party, the Service Provider shall settle the amount paid in accordance with the applicable statutory provisions.

6.5. The entire remaining part of the service fee beyond the booking fee must be paid in full by the morning of the Service Day at the latest.

6.6. If the full service fee is not settled by the morning of the Service Day, the Service Provider is entitled to refuse to commence or perform the service.

6.7. The licence to use the material only becomes effective after payment of the full service fee.

6.8. In the absence of a different written agreement, the service fee does not include:

• the venue rental fee;
• entry fees;
• official permits;
• public space usage fees;
• model, make-up artist, hairdresser, stylist or extra fees;
• separately requested technical equipment;
• royalty-bearing or custom music licences;
• special travel or accommodation costs.

7. RULES OF PERFORMANCE AND THE CUSTOMER'S COOPERATION

7.1. The Service Day is agreed between the Parties in advance.

7.2. The Service Provider performs the service according to its best professional knowledge and experience, taking into account the previously agreed concept, inspiration materials and reference materials.

7.3. Inspiration and reference materials serve as guidance; the Service Provider does not undertake to reproduce them exactly.

7.4. The Customer is obliged to ensure the conditions necessary for the performance of the service, in particular:

• access to the venue;
• necessary permits;
• an appropriate working environment;
• power supply, if needed;
• the necessary information;
• the availability of previously agreed persons and props.

7.5. If the Service Day is shortened due to the delay, omission or other lack of cooperation of the Customer or a person acting within their sphere of interest, the lost time does not automatically extend the duration of the service.

7.6. If the service cannot be performed in whole or in part due to the Client's delay or lack of cooperation, this does not affect the Service Provider's claim to the fee.

8. CANCELLATION AND RESCHEDULING

8.1. The Customer may only cancel or request the rescheduling of a booked date in writing.

8.2. Except for the mandatory statutory provisions, the booking fee already paid is non-refundable in the event of cancellation by the Customer.

8.3. The Service Provider may, at its own discretion, offer the possibility of a single rescheduling of the booking to another date, but the Customer has no automatic right to this.

8.4. The Service Provider is entitled to change the date of the service in the event of a circumstance that makes performance professionally, medically or safely impossible.

9. DELIVERY, POST-PRODUCTION AND CORRECTION

9.1. The Service Provider delivers the final materials electronically or in a manner separately specified by the Parties.

9.2. The exact delivery deadline may be set out in the individual contract, offer or Order Form.

9.3. The Customer acknowledges that:

• creative implementation;
• image selection;
• composition;
• editing;
• colour grading;
• colour palette;
• light management;
• retouching;
• musical and dramaturgical editing

are the professional and artistic decisions of the Service Provider.

9.4. The delivered material deemed final is, by default, final.

The Customer is not entitled to subsequently change the creative and editing concept set out in the original agreement, or to have the material fully re-edited or reproduced.

9.5. If the individual offer expressly includes the possibility of correction, its scope and number are determined by the individual offer.

9.6. A new concept, new style, different colour palette, different editing structure or a creative request not previously agreed does not qualify as an error correction.

10. RAW MATERIALS, RAW AND PROJECT FILES

10.1. Raw Material is not part of the default service.

10.2. The Service Provider is not obliged to hand over:

• RAW photographs;
• original video files;
• project files;
• Lightroom catalogues;
• DaVinci/Premiere/other timelines;
• LUTs;
• presets;
• editing recipes;
• workflows.

10.3. Raw Material may only be handed over subject to a separate written agreement.

10.4. The Service Provider does not undertake an indefinite archiving obligation.

Following delivery, the Customer is obliged to create its own backup.

11. COPYRIGHT AND LICENCE TO USE

11.1. The completed Works are protected by copyright.

The copyright in the Work belongs to the Service Provider or, where applicable, to the co-author participating in the creation.

11.2. Upon payment of the full service fee, and in the absence of a different written agreement, the Customer receives a non-exclusive licence to use the delivered final Works for a use consistent with the purpose of the service.

11.3. The licence to use does not constitute a transfer of copyright.

11.4. The Customer may only use the Work in the final form delivered by the Service Provider.

11.5. Without the Service Provider's prior written consent, it is in particular prohibited to:

• apply a filter;
• modify the colours;
• change the brightness or contrast;
• apply a new grading;
• remove or add visual elements;
• modify using artificial intelligence;
• apply generative fill or generative transformation;
• retouch;
• have the material re-edited by a third party;
• re-cut the video;
• creatively change the aspect ratio or composition.

11.6. Technical resizing or compression automatically performed by the publishing platform does not qualify as a prohibited alteration.

11.7. The Service Provider is entitled to take action against unauthorised alteration or use.

12. SOCIAL MEDIA AND CREATOR ATTRIBUTION

12.1. In the event of publication on social media, a private individual Customer is obliged to credit the Service Provider as the creator, provided that this is technically possible on the given platform.

12.2. The attribution must be clearly identifiable.

12.3. The Service Provider is not liable for automatic compression, resizing, colour management, quality degradation or algorithmic display performed by social media platforms.

13. PORTFOLIO AND REFERENCE USE

13.1. The Service Provider is entitled to present the completed Works in its own professional reference materials, portfolio, website and social media platforms, unless this is excluded by law, the right to the image of the person concerned, or a different written agreement between the Parties.

13.2. The marketing or reference use of a private individual's image may only take place if there is a legal basis in accordance with the applicable legislation.

13.3. The Customer may request in writing, before the service, that the Service Provider not use the finished materials for reference or portfolio purposes.

14. RIGHTS RELATING TO IMAGE AND SOUND RECORDING

14.1. The Customer is obliged to ensure that the consents necessary for recording the image and, where applicable, the voice of persons participating in an event, production or shoot organised by the Customer are available.

14.2. The Service Provider is not liable for any third-party claim arising from the fact that the Customer failed to obtain the consent or permission it was required to provide.

15. EQUIPMENT AND DAMAGE

15.1. The Customer acknowledges that the Service Provider works with high-value professional photography, video, lighting, computing and other technical equipment.

15.2. If the Customer, an employee, family member, guest of the Customer, or another person within the Customer's sphere of interest intentionally or negligently causes damage to the Service Provider's equipment, the person causing the damage, or the person liable under the applicable law, is obliged to fully compensate the damage caused.

15.3. If the amount of the damage can be credibly established on site, the Service Provider is entitled to request its immediate settlement.

15.4. If the exact amount of damage can only be established through a service inspection, the Customer is obliged to reimburse the documented repair, replacement and related justified costs.

16. WARRANTIES OF THE CLIENT

16.1. The Customer warrants that:

• it is entitled to use the given venue;
• it holds the necessary filming and photography permits;
• the logos, music, graphics, texts and other materials it provides may be lawfully used;
• the information it has provided is true.

16.2. The Service Provider is not liable for the consequences of infringing materials provided by the Client or missing permits.

17. LIABILITY

17.1. The Service Provider undertakes to act with professional diligence, not to achieve a specific business, marketing or social media result.

17.2. In particular, the Service Provider does not guarantee:

• a specific number of followers;
• a specific number of views;
• reach;
• engagement;
• client acquisition;
• sales results.

17.3. The Service Provider is not liable for defects in the services of social media platforms, hosting providers, file-sharing services or other third parties.

17.4. The Service Provider is not liable for quality degradation resulting from the platform, device, display, printing technology or further processing used by the Customer.

17.5. If the recording becomes unusable for technical reasons within the Service Provider's sphere of interest, the Service Provider may, depending on the circumstances, primarily offer to perform the service again, or refund the fee for the affected service.

17.6. The provisions limiting liability shall not apply in cases where the limitation or exclusion of liability is prohibited by law.

18. FORCE MAJEURE

18.1. Neither Party shall be liable for breach of contract if it is caused by a circumstance beyond its control, which was unforeseeable at the time of concluding the contract and could not reasonably have been averted.

Such circumstances may include in particular:

• natural disaster;
• extreme weather;
• epidemic;
• accident;
• serious illness;
• official measures;
• traffic obstruction;
• energy supply disruption;
• closure of the venue;
• other similar extraordinary event.

18.2. In the event of force majeure, the Parties shall primarily agree on a new date for performance.

19. CONFIDENTIALITY AND DATA PROTECTION

19.1. The Parties are obliged to treat confidentially the non-public business or personal information that comes to their knowledge during the cooperation.

19.2. The confidentiality obligation survives the termination of the contract.

19.3. The Service Provider processes personal data in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council (GDPR), as well as the applicable Hungarian legislation.

19.4. The detailed data processing rules are set out in the Privacy Notice published on the website www.cinemarcell.hu.

20. WEBSITE AND INTELLECTUAL PROPERTY

20.1. The photographs, videos, texts, graphic elements and other original content found on the website www.cinemarcell.hu may be protected by copyright.

20.2. Their unauthorised copying, downloading, alteration, commercial use or distribution is prohibited.

21. COMPLAINT HANDLING

21.1. The Customer may submit a complaint at the following contact details:

Horváth Marcell E.V.
1104 Budapest, Mádi utca 159.
hello@cinemarcell.hu

21.2. The Service Provider shall examine the written complaint and provide a substantive written reply within the deadline prescribed by law.

21.3. In the event of rejection of the complaint, the Service Provider shall inform the consumer of the available remedies.

22. SPECIAL PROVISIONS RELATING TO CONSUMERS

22.1. In the case of a contract concluded with a consumer, the mandatory provisions of consumer protection legislation shall take precedence over any conflicting provisions of these Terms and Conditions.

22.2. In the case of a service contract concluded at a distance, the Consumer is, as a general rule, entitled to withdraw from or terminate the contract without giving reasons within 14 days of the conclusion of the contract.

22.3. If the Consumer expressly requests that the Service Provider begin performance of the service before the expiry of the 14-day period, and the service is performed in full, the Consumer may lose their right of termination in accordance with the conditions set out in the applicable legislation.

22.4. If the Consumer lawfully exercises their right of termination after the commencement of performance of the service but before its complete completion, they are obliged to pay a fee proportionate to the service already performed.

22.5. The Consumer may exercise the right of withdrawal/termination by means of an unambiguous statement or by using the model statement form found in the appendix to these Terms and Conditions.

22.6. In the event of a consumer dispute, the Consumer may turn to a conciliation body.

Based on the Service Provider's registered seat:

Budapest Conciliation Board (Budapesti Békéltető Testület)
1016 Budapest, Krisztina krt. 99.
Postal address: 1253 Budapest, Pf. 10.
E-mail: bekelteto.testulet@bkik.hu
Phone: +36 1 488 2131

The consumer may also turn to another competent conciliation body specified by law.

22.7. The Consumer may submit a consumer protection complaint to the consumer protection authority of the competent government office.

22.8. The Consumer is entitled to enforce their claim through the courts.

23. MISCELLANEOUS AND FINAL PROVISIONS

23.1. The Service Provider is entitled to unilaterally amend these Terms and Conditions for the future.

As a general rule, the Terms and Conditions in force at the time of the conclusion of the contract shall apply to contracts already concluded.

23.2. If any provision of the Terms and Conditions is partially or wholly invalid or unenforceable, this shall not affect the validity of the other provisions.

23.3. The Customer may not transfer the rights and obligations arising from the contract to a third party without the Service Provider's prior written consent.

23.4. A statement sent by e-mail also qualifies as written communication between the Parties.

23.5. In matters not regulated by these Terms and Conditions, in particular:

• Act V of 2013 on the Civil Code (2013. évi V. törvény a Polgári Törvénykönyvről);
• Act LXXVI of 1999 on Copyright (1999. évi LXXVI. törvény a szerzői jogról);
• Act CVIII of 2001 on Electronic Commerce Services (2001. évi CVIII. törvény az elektronikus kereskedelmi szolgáltatásokról);
• the Hungarian legislation in force from time to time relating to contracts between consumers and businesses;
• as well as the directly applicable legislation of the European Union

shall apply.

23.6. The applicable law is Hungarian law.

23.7. The Parties shall primarily attempt to resolve their disputes amicably, through negotiation.

23.8. These Terms and Conditions enter into force on 31 August 2026 and remain valid until withdrawn or amended.

24. SEPARATE ACCEPTANCE BY THE CLIENT

The Service Provider specifically draws the Client's attention to the provisions that are particularly significant for the Client or that may deviate from usual contractual practice.

In particular:

• the booked date only becomes final upon receipt of the booking fee;
• the booking fee is, as a general rule, non-refundable in the event of cancellation by the Customer;
• the entire remaining fee is payable by the morning of the Service Day;
• in the absence of payment, the Service Provider may refuse to perform;
• the final creative and post-production style is the Service Provider's professional decision;
• the delivered final material is, by default, not to be re-edited;
• RAW and project files are not automatically part of the service;
• the licence to use only becomes effective after payment in full;
• subsequent filtering, recolouring, AI modification and other alteration of the delivered material is prohibited;
• a private individual Customer is subject to a creator-attribution obligation on social media;
• the Service Provider is entitled to reference and portfolio use within the limits of the law and image rights;
• the Customer is liable for damage caused to the Service Provider's equipment by persons acting within its sphere of interest;
• the Service Provider does not guarantee a specific marketing or social media result;
• the Service Provider does not undertake unlimited archiving.

The Client expressly accepts these provisions by signing the contract or Order Form, or, in the case of electronic contracting, by ticking a separate checkbox.

APPENDIX No. 1

MODEL WITHDRAWAL/TERMINATION STATEMENT

For Consumers only.

Addressee:

Horváth Marcell E.V.
1104 Budapest, Mádi utca 159.
E-mail: hello@cinemarcell.hu

I, the undersigned, declare that I am exercising my right of withdrawal/termination in respect of the contract for the provision of the following service:

Name of the service:

…………………………………………………………………………

Date of conclusion of the contract:

…………………………………………………………………………

Name of the Consumer:

…………………………………………………………………………

Address of the Consumer:

…………………………………………………………………………

Date:

…………………………………………………………………………

Signature of the Consumer, only in the case of a statement made on paper:

…………………………………………………………………………