General Conditions

Computer translation from Algemene Voorwaarden for reference only.

I. General Terms and Conditions of Sale

1. Applicability

1.1. These general terms and conditions apply to all legal acts and legal relationships between FilmStage Studio and the client, unless explicitly agreed otherwise in writing between both parties.

1.2. The client is deemed to have tacitly accepted the exclusive applicability of these terms and conditions upon any orders placed verbally, in writing, by phone, e-mail, telex, fax, or otherwise, regardless of a written confirmation by Sandro Mastronardi.

1.3. No other specification, description, publication, or written or verbal promise shall form part of these terms and conditions, nor shall these terms be deemed to refer thereto.

1.4. Any purchasing, payment, or other conditions of the client do not apply unless expressly accepted in writing by FilmStage Studio, even if the client’s terms purport to exclude these terms.

1.5. All quotations and offers made by or on behalf of FilmStage Studio are entirely without obligation and may be withdrawn by FilmStage Studio until an order following the quotation or offer has been accepted in writing. All quotations and offers are also subject to changes in the order by the client or price changes by suppliers.

1.6. FilmStage Studio reserves the right to refuse any participant without giving a reason.

1.7. Enrolling in a course at FilmStage Studio constitutes acceptance of these general terms and conditions. A hyperlink to (or copy of) these terms is always included in order forms, quotations, agreements, online forms, invoices, and credit notes of Mastronardi Software. A copy of these terms is available free of charge upon simple request.

1.8. The person placing the enrollment on behalf of the client is assumed to be duly authorized. They bear responsibility together with their principal toward third parties.

2. Prices, Rates, and Payment

2.1. All prices and rates of FilmStage Studio include VAT, unless expressly stated otherwise.

2.2. Unless otherwise expressly agreed, the total amount including VAT of each enrollment must be paid by the student to FilmStage Studio before the commencement of the course.

2.3. Parties may agree on a fixed price for the execution of the services. Fixed prices are not subject to change during the execution of the agreed services, except as provided in these general terms and conditions.

2.4. If no fixed price is agreed upon for the services, FilmStage Studio will invoice the client weekly or monthly for the hours spent and costs incurred, based on the agreed rates or the rates in effect since the date of the agreement.

2.5. All invoices are payable on the due date, unless otherwise stated, either in cash upon delivery or completion of services, as clearly indicated on the invoice, of which these terms form an integral part.

2.6. All payments must be made without deduction or set-off by bank transfer to the account of FilmStage Studio stated on the invoice.

2.7. Non-payment on the due date automatically and without notice obliges the client to pay interest on the outstanding amount at a rate of 1% per month. In addition to late payment interest, overdue invoices are immediately increased by a flat-rate compensation of 10%, with a minimum of €50. Furthermore, for each reminder sent by email or letter, a fixed administrative fee of €25 will be charged.

2.8. In case of non-payment, FilmStage Studio reserves the right to temporarily suspend or permanently cancel any subscriptions or memberships to FilmStage Studio services, or courses purchased. A fee of €75 will be charged for this, without prejudice to FilmStage Studio’s right to claim actual damages.

2.9. In the event of non-payment of any outstanding invoice, FilmStage Studio expressly reserves the right to demand immediate and full payment of all claims held against the client and to cancel any ongoing orders or agreements, or at least suspend its performance.

2.10. If the client fails to fulfill their obligations, FilmStage Studio is entitled to suspend its work and charge the client for the costs incurred.

2.11. Any complaint must be submitted to FilmStage Studio in writing by registered mail within eight days after delivery of goods and/or services, under penalty of nullity, for it to be thoroughly investigated.

2.12. Complaints regarding invoices must also be sent within eight days by registered mail. Otherwise, invoices are deemed accepted by the client. All written complaints must clearly specify which amounts and invoice items are disputed, and the reason for the dispute. Undisputed amounts must still be paid within the invoice payment term.

2.13. All amounts mentioned in these terms are in Euros and exclude 21% VAT.

3. Cancellation

3.1. Orders and assignments may only be canceled if all the following conditions are met:

a. FilmStage Studio expressly agrees in writing to the cancellation.

b. Cancellation must occur before delivery has taken place or before FilmStage Studio has commenced the agreed work in any form or capacity.

c. Enrollment in a course cannot be canceled; however, another person may attend in place of the registrant (after intake/approval).

Since FilmStage Studio provides leisure services (events that take place on a specific date or period), there is no right of withdrawal under the law of April 6, 2010 (amended law of July 14, 1991). Therefore, any order for tickets or course enrollments is binding once FilmStage Studio confirms the order/enrollment, and the buyer is obliged to accept and pay for the tickets/course.

4. Execution

4.1. If it is agreed that services will be delivered in phases, FilmStage Studio may postpone the start of the next phase until the client has approved the results of the preceding phase in writing.

4.2. If execution of an order or assignment must be suspended at the client’s request for an indefinite period, resulting in additional costs, these costs are always borne by the client.

4.3. If the client wishes to modify or expand the agreed order or assignment, this can only occur after both parties have confirmed in writing the changes and the consequences for price and delivery date.

5. Modifications and Additional Work

5.1. Additional work is defined as any modification of the agreements underlying the original agreement or agreed specifications at any later time.

5.2. FilmStage Studio will notify the client as soon as possible if any agreed modification or addition affects the completion time of the work.

5.3. If a fixed price was agreed, FilmStage Studio will inform the client in advance if a modification or addition results in exceeding the agreed price.

5.4. Modifications will not be executed until they are recorded in an addendum signed by both parties.

5.5. The necessity or desirability of additional work can never be a reason for termination of the agreement.

6. Deadlines

6.1. Any deadlines mentioned with the order or assignment start from the working day following the delivery of necessary documents or the signing of the agreement.

6.2. If a delivery deadline is exceeded, FilmStage Studio will inform the client as soon as possible.

6.3. Since delivery times may be affected by third parties or force majeure, they are not considered binding obligations. Late delivery does not entitle refusal of delivery or compensation, unless otherwise agreed.

6.4. Exceeding any deadline does not give the client the right to terminate or suspend their obligations under other contracts.

7. Confidentiality

7.1. Each party shall take all reasonable precautions to keep confidential information received from the other party secret.

8. Ownership and Protection

8.1. Items remain the property of Mastronardi Software until all amounts due by the client have been fully paid.

8.2. Items and recordings are at the client’s risk from the moment they are made available by FilmStage Studio.

9. Liability

9.1. FilmStage Studio accepts statutory obligations for civil liability as described in this Article 9.

9.2. In case of attributable failures in performance, FilmStage Studio is only liable to pay compensation equal to the value of the undelivered performance or (partial) refund of the price received for the non-compliant part.

Any other liability, including indirect, consequential, or lost profit damages, is excluded. FilmStage Studio is also not liable for delays, data loss, delivery delays due to changed circumstances, lack of cooperation or information from the client, or advice/information not part of a written agreement. Hidden defects in materials do not constitute liability.

9.3. Compensation due to attributable non-performance shall in no case exceed 50% of the invoiced and billable amounts (excluding VAT) under the agreement. For continuous agreements, the maximum is the price (excluding VAT) for two months preceding the default.

9.4. Any claim for damages must be reported to FilmStage Studio by registered mail within two weeks of its occurrence.

9.5. The client indemnifies FilmStage Studio against all claims by third parties arising from goods or services delivered, including:

• Claims by third parties, including client employees, resulting from wrongful acts by FilmStage Studio employees placed under client supervision or instructions;

• Claims by third parties, including FilmStage Studio employees, arising from the client’s acts or unsafe conditions;

• Claims by third parties arising from defects in FilmStage Studio products hidden from FilmStage Studio.

9.6. The client is responsible for the use and correct application of equipment, software, and services provided by FilmStage Studio.

10. Force Majeure

10.1. Parties are not obliged to perform any obligation if failure or delay is not attributable to them, or if performance is unreasonably burdensome or impossible due to circumstances beyond their control.

10.2. The party invoking force majeure shall notify the other party immediately in writing, including when such circumstances cease.

11. Termination, Suspension, and Dissolution

11.1. If the client fails to fulfill obligations, requests suspension of payment, or is insolvent or bankrupt, FilmStage Studio may immediately terminate any or all agreements unilaterally, without prior notice or judicial intervention. All amounts owed become immediately due.

11.2. If the client fails to fulfill obligations, FilmStage Studio may suspend services until obligations are met, without prejudice to other rights.

12. Intellectual and Industrial Property Rights

12.1. The client acknowledges that FilmStage Studio is the exclusive owner or licensee of all trademarks, patents, or copyrights associated with its products and services. The client agrees not to contest any intellectual or industrial property rights during or after the agreement. FilmStage Studio may use video recordings for course promotion.

13. Applicable Law and Disputes

13.1. Agreements are governed by Belgian law.

13.2. All disputes shall be decided by the courts of the Hasselt district.

14. Transfer of Rights and Obligations

14.1. FilmStage Studio may transfer rights and obligations under its agreements to third parties at any time after prior written notice.

14.2. The client may transfer rights and obligations only with prior written consent of FilmStage Studio, which shall not be unreasonably withheld.

15. Validity and Interpretation

15.1. If any provision is invalid or void, it shall be replaced with a provision approximating the original intent without affecting the validity of the remaining provisions.

II. Participation in Courses

1. Subject of the Agreement

1.1. The provisions under Section II apply specifically to all courses provided by FilmStage Studio to improve the participant’s acting skills.

1.2. These provisions apply to all courses at FilmStage Studio and supplement the general terms in Section I.

2. Execution

2.1. Course fees must always be paid before the first lesson. No refunds are possible.

2.2. After the introductory class, a participant deemed suitable and not indicating otherwise at graduation is automatically considered enrolled in the advanced training and will be billed monthly.

2.3. Absence does not entitle a refund of any portion of the fees. Fees are always due.

2.4. A participant may terminate advanced training by giving one month’s notice before the end of the month. Once the month has started, fees are due, and termination takes effect the following month. A deposit is collected at the start of advanced training and applied to the final month.

2.5. Late cancellations without valid reason are not accepted. To avoid disadvantaging scene partners, ¼ of the partner’s lesson fee is charged to the late-cancelling participant, and the affected participant receives a credit the following month. Notice must be given at least 24 hours before the lesson.

2.6 Intellectual Property

Course materials are for personal use only. It is strictly prohibited to:

• Publish, distribute, sell, or otherwise make materials available to third parties;

• Reproduce materials in whole or in part.

Photos may be taken during classes or activities:

• Mastronardi Software may use all photos and audiovisual recordings for course promotion.

• Participant photos require explicit permission and may be used indefinitely for promotion.

2.7. Exclusion from Participation

FilmStage Studio may refuse or deny access without refund if participants:

2.7.1. Do not meet participation requirements;
2.7.2. Misbehave or disrupt the course;
2.7.3. Fail to meet payment obligations.

2.8. Changes or Cancellation of a Course

FilmStage Studio may cancel a course; any paid fees will be refunded within 30 days. Costs incurred by the participant outside course fees are not reimbursed.

2.9. Confidentiality

FilmStage Studio treats participants’ personal data confidentially. Participants must also maintain confidentiality regarding information disclosed about other participants during the course.