1.1. The conclusion of contracts between the client and the trainer regarding the services to be provided by both parties, as well as any amendments and/or additions to such contracts, must be made in writing.
1.2. Additionally, the printed terms and conditions for trainers apply. They form an integral part of the contract.
1.3. These terms and conditions for trainers take precedence over any conflicting general terms and conditions of the client.
2.1. The trainer operates as an independent contractor.
2.2. The trainer delivers services personally, through employees, and/or freelance associates.
2.3. The scope, format, topics, and objectives of the training services are individually agreed upon in the respective contract between the client and the trainer.
2.4. The trainer provides services primarily in the form of training seminars and coaching sessions.
2.5. Individual evaluations of participants are not conducted, as they contradict the professional ethics of freelance trainers.
3.1. The initial consultation with the trainer is free of charge.
3.2. A daily fee is agreed upon for each day started for meetings, analyses, training preparations, and other tasks carried out jointly with the client or third parties.
3.3. A daily or flat-rate fee is agreed upon for seminars.
3.4. Special fee agreements apply for seminars conducted on weekends and/or public holidays.
3.5. Travel and accommodation costs are invoiced separately, as per agreement.
3.6. All services are subject to the statutory value-added tax (VAT).
3.7. The agreed fees and any incurred costs will be invoiced prior to the provision of the services. Fees are payable immediately and in full prior to the start of the training. Any incurred and invoiced costs must also be paid immediately and without deduction.
3.8. The client is not entitled to offset or withhold payments against outstanding claims.
4.1. The client acknowledges the trainer’s copyright for works created by the trainer (e.g., training materials). Reproduction and/or distribution of such works by the client require the prior written consent of the trainer. Recording on audio or video tapes is not permitted.
4.2. The client assures that there are no copyright or other legal obstacles to the works they provide for the execution of the contract.
4.3. The client will inform the trainer, prior to and during the agreed training measures, of all circumstances relevant to the preparation and execution of the contract. A responsible contact person will be designated by the client.
4.4. The trainer is obligated to maintain confidentiality regarding all business-related information obtained during collaboration with the client.
4.5. The trainer is entitled to offer their services to competitors of the client unless otherwise agreed.
4.6. If the trainer is unable to meet an appointment due to force majeure, illness, accident, or other circumstances beyond their control, the trainer is entitled to reschedule the services to a mutually agreed date, excluding any liability for damages. If the client cannot attend an agreed appointment, the trainer will attempt to provide an alternative date within a one-year timeframe.
In this case, only a processing fee of 10% of the fee plus any incurred costs will be payable. If no alternative date can be agreed upon, cancellations made within 10 months before the training will incur 50% of the fee, within 6 months 75%, and within 3 months 100% of the fee plus costs in accordance with section 3. Prepared materials will be made available to the client as per section 4.1.
4.7. The client will provide the necessary premises for the training.
5.1. Should individual provisions of the contract between the parties or these general terms and conditions for trainers be or become invalid, this shall not affect the validity of the remaining terms. The parties will replace the invalid provision with a valid substitute provision that most closely reflects the purpose of the original.
5.2. These terms and their implementation are governed exclusively by German law.
5.3. The exclusive place of jurisdiction for all claims arising from the contract and these terms and conditions is the trainer’s place of business unless the contract expressly specifies another jurisdiction.