Legal
(1) These Terms and Conditions (hereinafter "AGB") apply to all contracts, deliveries and other services between Gross Management (Ole Leander Gross, Carrer de Girona 17, 08172 Sant Cugat del Vallès, España) (hereinafter the "Agency") and its clients (hereinafter the "Client").
(2) The Agency's services are directed exclusively at entrepreneurs within the meaning of § 14 BGB, legal entities under public law and special funds under public law. No contracts are concluded with consumers within the meaning of § 13 BGB.
(3) Differing, conflicting or supplementary terms of the Client become part of the contract only if and to the extent that the Agency has expressly agreed to their validity in writing.
(1) The Agency's offers are non-binding and subject to change, unless they are expressly marked as binding or contain a specific acceptance period.
(2) A contract is concluded by the Agency's written or text-form order confirmation, by both parties signing an individual contract ("SOW"), or by the commencement of the provision of services.
(1) Depending on the module commissioned, the Agency provides in particular the following services:
a) Creator Matching & Matchmaking: Selection, recommendation and matchmaking of creators from the Agency's roster to the Client for campaigns, collaborations or product placements.
b) Production: Conception, planning and execution of content productions (photo, video, Reels, UGC) including briefing, set organization and post-production.
c) Campaigns: Management, reporting and optimization of influencer campaigns across the channels agreed with the Client.
(2) The specific scope of services, the deliverables and timings result from the respective individual contract/offer. Unless expressly stipulated otherwise therein, the Agency owes a professional service, not any particular economic success (e.g. reach, sales or conversion figures).
(1) The prices agreed in the individual contract/offer apply, plus the applicable statutory VAT. Unless otherwise agreed, invoicing is in euros.
(2) Invoices are due for payment without deduction within 14 days of the invoice date. For larger projects, the Agency is entitled to demand down payments or partial invoices according to project progress.
(3) In the event of late payment, the Agency may claim statutory default interest, statutory lump sums and any further demonstrable loss.
(1) The Client provides the Agency with all information, materials, briefings, brand guidelines and approvals required for the provision of services in good time and in usable quality.
(2) The Client names a project-responsible contact person with decision-making authority. Delays resulting from the Client's late acts of cooperation or approvals are not to the Agency's detriment.
(3) The Client warrants that materials provided by it (logos, images, texts, music) are free of third-party rights or that it holds the necessary usage rights, and indemnifies the Agency against third-party claims in this respect.
(1) To the content created under the engagement (photos, videos, texts, concepts), the Agency grants the Client — subject to full payment — the usage rights specifically agreed in the individual contract. Unless otherwise stipulated therein, the following applies: a simple usage right, limited in time to 12 months, restricted to the agreed medium and territory, for campaign exploitation.
(2) The personality rights of the participating creators remain unaffected. Any use beyond the agreed scope (e.g. permanent use, performance/paid ads, out-of-home, whitelisting, Spark Ads) requires a separate written agreement and may have to be remunerated separately.
(3) The Agency's concepts, ideas, scripts and templates that are not part of the agreed deliverable (e.g. designs not selected) remain with the Agency.
(1) Unless expressly agreed otherwise, an engagement ends upon full provision of the agreed service.
(2) Continuing obligations (e.g. retainers) may be terminated by ordinary notice with a period of 4 weeks to the end of the month, unless a fixed minimum term is agreed in the individual contract.
(3) In the event the Client cancels an already confirmed production or campaign date, the following cancellation fees apply to the order volume:
— up to 14 days before the date: 25 %
— up to 7 days before the date: 50 %
— within 7 days before the date: 100 %
Third-party costs already incurred (locations, equipment, fees of booked creators) are to be fully reimbursed in any case.
(4) The right to extraordinary termination for good cause remains unaffected.
(1) Insofar as the Agency's service contains elements of a contract for work, the warranty period is 12 months from acceptance or delivery. Obvious defects must be reported within 14 days of handover, hidden defects without delay after discovery, in text form.
(2) In the case of justified defect notices, the Agency is entitled to subsequent performance. Should this fail, the Client may reduce the price or withdraw in accordance with the statutory provisions.
(1) The Agency is liable without limitation for intent and gross negligence, for injury to life, body and health, and pursuant to the provisions of the Product Liability Act.
(2) In the event of a slightly negligent breach of material contractual obligations ("cardinal obligations"), liability is limited to the foreseeable damage typical of the contract at the time of conclusion of the contract.
(3) Otherwise, liability — including for vicarious agents — is excluded. Liability for lost profit, failure to achieve reach or indirect consequential damages is excluded to the extent permitted by law.
(1) The parties undertake to keep confidential all confidential information of the other party obtained in the course of the collaboration (in particular briefings, strategies, fee structures, creator data) and to use it only for the purposes of the engagement.
(2) The duty of confidentiality continues to apply even after the contract ends.
The Client permits the Agency to use the collaboration (name, logo, excerpts of the content created) for self-promotional purposes in case studies, in its portfolio and on social media, provided that no legitimate interests of the Client conflict with this. The Client may object to this use at any time for the future.
The Agency processes personal data exclusively within the framework of the statutory provisions. Details can be found in the Agency's privacy policy.
(1) Spanish law (Derecho español) applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
(2) The exclusive place of jurisdiction for all disputes arising from or in connection with contracts based on these Terms is — to the extent legally permissible — the courts of Barcelona, Spain (Juzgados y Tribunales de Barcelona). The Agency is also entitled to sue at the Client's general place of jurisdiction.
(3) Amendments and additions to this contract require text form. This also applies to the amendment of this clause.
(4) Should individual provisions of these Terms be or become invalid, the validity of the remaining provisions remains unaffected.
As of: 2026-07-11
