Client Terms

1.1 These Terms govern the use of the Plush74 platform and services by clients acting in the course of a trade, business or profession. They do not apply to consumers.

1.2 The contracting Plush74 entity is determined by the country in which the booked location is situated, as set out in Schedule 1. Where a booking covers locations in more than one country, a separate agreement is concluded for each.

1.3 These Terms apply to the exclusion of any general terms, purchase conditions or production terms of the Client, even where referred to in an order, purchase order or invoice and even where not expressly contradicted.

2.1 Listings, search results and indicative prices are an invitation to make an enquiry and are not binding offers.

2.2 A quote is valid for the period stated in it. An option holds a location for a stated period and does not itself constitute a booking.

2.3 A booking becomes binding only on conclusion of a written Booking Agreement. A Booking Confirmation records the commercial particulars; it does not replace the Booking Agreement and does not by itself grant any right of access.

3.1 Plush74 provides its services in its own name and on its own account. It acquires the right to use a location from the location owner and grants the corresponding rights onward to the Client under the Booking Agreement.

3.2 Plush74 quotes a single all-in price per booking. Plush74 agrees its terms with the location owner separately.

3.3 Where the structure in 3.1 is not available or not appropriate for a particular booking, Plush74 may instead act as a disclosed intermediary between the Client and the location owner. Any such arrangement is agreed in text form in advance, recorded in the Booking Confirmation, and reflected in the contract documents for that booking.

4.1 All prices are stated net of value added tax and comparable turnover taxes.

4.2 Services connected with immovable property are taxed in the country in which the property is situated. The applicable tax, rate and collection mechanism, including any reverse charge, are determined by that country’s law, stated in the Booking Agreement and shown on the invoice. Services not connected with immovable property are taxed under the generally applicable rules and may be invoiced separately.

4.3 The Client shall provide the exact legal entity to be invoiced, its registered address and its VAT identification number before the Booking Agreement is issued.

4.4 Payment terms are those stated in the Booking Agreement. The default is payment in full in advance, with cleared funds received before access is granted.

4.5 The Client may not withhold payment or set off, save with counterclaims that are undisputed or have been finally determined by a court.

5.1 Access is limited to the areas, dates and hours stated in the Booking Agreement. End times are binding. Where no overtime is available at a location, the Client bears all costs, expenses and third-party claims arising from a failure to vacate on time.

5.2 The Client shall comply with the conduct obligations in the Booking Agreement and with reasonable instructions of the location owner’s representative as to safety and access.

5.3 The Client shall return the location in the condition in which it was taken over, save for ordinary wear and tear, and is liable for damage caused by its personnel, contractors, talent, guests, equipment or vehicles.

5.4 The obligations in this clause 5, and the Client’s obligations as to insurance and as to use of recordings, are assumed expressly for the benefit of the location owner, who may enforce them directly against the Client and the Client’s insurer. The legal basis is stated in the Booking Agreement according to the applicable law (Schedule 1).

6.1 The rights granted, their scope and duration are set out in the Booking Agreement.

6.2 Recordings may not be used to train, fine-tune, align, evaluate or benchmark any machine learning or generative artificial intelligence system, nor supplied, licensed or made available to any third party for that purpose, to the extent the material depicts the location. A reservation of rights against text and data mining is asserted to the fullest extent permitted by the applicable law. The Client shall impose the same restriction on the end client and on every onward licensee. The consequences of a breach are set out in the Booking Agreement.

6.3 Re-use of footage of a location in a separate production requires a new booking.

7.1 The Client shall maintain commercial general liability insurance covering bodily injury, property damage and damage to rented or used property, at the level stated in the Booking Agreement, including the location owner and with waiver of recourse against the location owner and Plush74. Equivalent formulations under the applicable insurance law are accepted.

7.2 The Client procures this cover on its own responsibility and directly from its own insurer or broker. Plush74 does not intermediate, procure or advise on insurance and assumes no responsibility for the existence, scope or adequacy of any cover.

7.3 Plush74 may withhold access until a certificate has been provided.

8.1 Plush74’s liability is limited as set out in the Booking Agreement.

8.2 The Client is responsible for its own equipment, vehicles and property brought to a location, and for all consents, releases and permits relating to persons appearing in the production.

9.1 For 24 months from the last booking day the Client shall not, directly or through any affiliate, agent, end client or production service provider, book, solicit or use a location introduced to it by Plush74 otherwise than through Plush74, and shall procure that its end client observes the same restriction. This does not apply where the Client can demonstrate a commercial relationship with the location owner existing beforehand. The consequences of a breach are set out in the Booking Agreement.

9.2 Each party shall keep the terms of the agreement and commercially sensitive information of the other confidential. The Client shall not disclose Plush74’s commercial terms to the location owner, nor solicit from the location owner information as to the terms agreed between Plush74 and the location owner.

10.1 Governing law, place of jurisdiction and the authoritative language version are determined under Schedule 1 and stated in the Booking Agreement.

10.2 Where a Booking Agreement is executed in two languages, the version identified in it as authoritative prevails.

11.1 In the event of conflict, the Booking Agreement prevails over these Terms, and these Terms prevail over the Booking Confirmation.

11.2 Plush74 may amend these Terms with effect for future bookings. The version in force when a Booking Agreement is concluded applies to that booking.

Determined by where the location is situated, not by where the parties are.

Tax. Location bookings are services connected with immovable property and are taxed where the property is situated. Rate and mechanism follow that country’s law and are stated in the Booking Agreement and on the invoice. Services not connected with immovable property, such as coordination, equipment hire and scouting, follow the general rules and may be invoiced separately, including under a reverse charge where applicable.

Language. Where the client has no German-reading signatory, English may be designated authoritative in the Booking Agreement.

Locations outside Germany and Switzerland. The structure is confirmed per booking before a quote is issued, having regard to local registration and tax obligations. Where the principal model would trigger a foreign registration obligation, the intermediary route may be used.