talentstudio GTC as of January 3rd, 2019
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General terms and conditions for participation in our courses for exam preparation for admission to design courses at technical colleges / universities and art academies as well as in our other offers
§ 1 scopeThese general terms and conditions regulate the legal and contractual relationship between the talentstudio, owner: Claus Kögler, Schoderstraße 10, 70192 Stuttgart (hereinafter: talentstudio) and interested parties and participants in the courses, workshops and seminars we offer (hereinafter: courses).
§ 2 Conclusion of the contract
- You can register for our courses using the online registration form provided for this purpose. It is binding for the participant. With the registration, the customer also accepts our general terms and conditions.
- We will send you your invoice by email within a week. If participation is not possible or not possible at the desired time, we will contact the participant about possible alternatives.
- We ask for your understanding that in the case of a participant who is not yet of legal age we have to insist on a declaration of consent and cost assumption from the legal representative. We will be happy to send you a corresponding form.
§ 3 Training objective
- The training offered by the talent studio serves to prepare students for studying at technical colleges, universities and art academies in the fields of communication design, product design, transportation design, fashion design, interior design, photo design, interaction design, game design, stage design or stage and costume and art education. The training pursues six goals: 1. Conveying manual skills 2. Conveying the basics of design 3. Critical examination of your own and other people's work 4. Creativity training 5. Creation of an application folder with 15 to 30 own work 6. Preparation for the aptitude test
- The talentstudio owes no guarantee of success for admission to the subject chosen by the participant at a technical college or art academy.
- At the training center, the participant has the opportunity to prepare work for his application portfolio and is supervised and accompanied by lecturers from the talent studio. The events have the character of a workshop.
- The talent studio ensures that the training is carried out by personally and professionally qualified lecturers. The talentstudio reserves the right to replace scheduled and already deployed lecturers with other qualified lecturers at any time.
§ 4 course duration, course timesOur courses take place all year round and usually continuously. The details (type, scope, duration and times) result from the respective course description and are - insofar as binding - also reproduced in the registration form. In the case of ongoing courses, participation begins on the day requested by the participant and counter-confirmed by us and ends at the end of the respective course period, without the need for cancellation.
§ 5 Training facility, house rules, PC and Internet use
- The training generally takes place in the talent studio at Schoderstrasse 10, 70192 Stuttgart (place of performance). A local relocation, if objectively required, is reserved.
- This can lead to the dissolution or termination of the contractual relationship. Participant undertakes to comply with the house rules. Failure to comply with house rules
- Insofar as we allow the use of PCs, the software on them and internet access, they may only be used for the purpose of and as part of the course participation. Programs that have been made accessible may not be changed, reproduced, distributed or made publicly accessible in any way. The data carriers used by the participant must be free of viruses and other malware. The participant is responsible for backing up his data. The use of Internet offers for a fee is also prohibited, as is the calling up of pages with pornographic or racist content. In the event of a violation, the participant is liable for any damage incurred.
§ 6 course fee, due date, default
- The amount of the respective course fees can be found on the registration form. Additional fees may apply due to additional excursions or material requirements during the course.
- The talentstudio is exempt from sales tax according to § 4 No. 21.
- Costs for materials, literature and excursions and entrance fees are not included in the course fees.
- In principle, all course fees are due for payment after registration has been confirmed at the beginning of participation and are - if no direct debit has been requested and agreed - to be paid by transferring to our account. In the case of participation in ongoing courses, the monthly course fees are due for payment beginning with the first day of participation, then continuously on a monthly basis.
- In the event of default in payment, the statutory regulations apply. The talentstudio is particularly entitled to demand default interest of 5 % above the base rate (§ 288 Paragraph 1, § 247 Paragraph 1 BGB) per annum. If the talentstudio can prove higher damage caused by default, this can be claimed. However, the participant is entitled to provide evidence that the damage did not occur at all or that it was significantly lower than claimed by the talentstudio.
- In the case of returned direct debits, we shall charge a processing fee of 5.00 in addition to the damage caused by default.
§ 7 Cancellation, termination, non-participation
- Once the registration has been confirmed, cancellation is only possible up to two weeks before the start of the respective course. If you cancel six weeks before the start of the course, you have to pay 50 % a monthly fee, if you cancel four weeks before the start of the course, you have to pay 75 % a monthly fee, and if you cancel two weeks before the start of the course, a full monthly fee. The participant reserves the right to prove that we suffered no or only minor damage as a result of the cancellation. If the participant names us a substitute participant and we accept him as a participant - but without being obliged to do so - the cancellation fees do not apply.
- In the context of the ongoing courses, the duration of which is measured in months, the participant is entitled to terminate the contract with one week's notice to the end of the first month of the course. The talentstudio gives each participant of these courses the opportunity to terminate the contractual relationship prematurely if they discover within the first few weeks of the course that the desired course does not match the interests and wishes of the participant. In this case, only the course fee for the first month of the contractual relationship has to be paid. The course fee for the following months does not apply. A later ordinary termination is excluded.
- Otherwise, termination of the contractual relationship is only possible for good cause. An important reason that entitles the talentstudio to extraordinary termination without notice exists in particular if the participant is in arrears with a monthly amount of the course fees and has been asked in vain to settle the arrears with a grace period of at least one week or if the participant has countered violated the house rules attached to these general terms and conditions and continued the behavior contrary to the contract despite a warning. In the event of serious breaches of contract, a prior warning is not required.
- Notice of termination and cancellation must always be made in writing.
- Any statutory right of withdrawal (e.g. in the case of distance sales) remains unaffected.
- Otherwise, the non-participation for personal reasons of the participant and without the talentstudio being at fault does not mean that the participant is obliged to pay and that the course fees are due. If the participant is prevented from taking part in the course due to illness, we are prepared - provided we are informed of this immediately and can also prove this at our request - without being obliged to enable the participant to continue their course participation at a later date.
§ 8 Cancellation of the course by the talentstudioIf the implementation of the respective course is not possible due to force majeure, permanent prevention of a speaker, disruptions at the venue or insufficient number of participants, the talentstudio will inform the participants immediately. Cancellations due to insufficient number of participants may be made if fewer than five effective training contracts have been concluded for the respective course. The event fee already paid will be reimbursed in these cases. The talentstudio undertakes to do everything reasonable in the event of any disruptions in performance in order to help remedy or limit the disruption.
§ 9 References
- The participant declares that he or she agrees that the work created during the course he has attended may be reproduced, disseminated and publicly used by talentstudio for the purpose of presenting references in both printed and electronic form on data carriers of any kind or at trade fairs and other presentations can be made accessible. The talentstudio will name the participant as the author in the event of the reproduction, distribution and publication of his work. The granting of the rights of use for the stated purpose takes the form of a simple right of use with no time and space restrictions.
- If the participant gives the talentstudio a photo of himself for the purpose of reference, he declares himself with the duplication, distribution and publication both in print and in electronic form, in particular with the making available to the public on the Internet, also without time and space, I Agree.
§ 10 Liability / Compensation
- The following regulations refer to all claims for damages made by the participants against the talentstudio, regardless of the reason.
- The talentstudio is fully liable for damage resulting from injury to life, limb or health that is based on its own willful or negligent breach of duty or an intentional or negligent breach of duty by a legal representative or vicarious agent.
- The talentstudio is fully liable for other damages that are based on its own willful or grossly negligent breach of duty or on an intentional or grossly negligent breach of duty by its legal representatives or vicarious agents.
- The talentstudio is liable for any remaining damage for any culpable violation of cardinal obligations. Cardinal obligations are those contractual obligations, the fulfillment of which makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner may regularly rely.
- The talentstudio is fully liable in the event of fraudulent concealment of a defect or assumption of a guarantee for the quality of the services.
- In addition, the talentstudio's liability is excluded.
- Contributory negligence on the part of the participant as a result of the inadequate provision of cooperation services is to be credited to the participant.
- The participant is obliged to immediately notify the talentstudio in writing of any damage in the sense of the above regulation and to have this recorded by the talentstudio so that the talentstudio is informed as early as possible and, if necessary, can reduce the damage together with the participant. A breach of this information requirement can lead to a reduction or exclusion of the claim for damages.
§ 11 Right of set-off and retention
- The participant is only entitled to offset if his counterclaims have been legally established, are undisputed or recognized by the talent studio.
- The participant is only authorized to exercise a right of retention if his counterclaim is based on the same contractual relationship.
§ 12 Written form, partial ineffectiveness
- All deviating changes, additions and other side agreements must be made in writing to be legally effective. This also applies to an agreement that waives the written form.
- The vicarious agents and vicarious agents employed by the talentstudio are also fundamentally authorized, neither in writing nor verbally, to amend contracts or make subsidiary agreements.
- Should individual provisions of these general terms and conditions be wholly or partially void, this shall not affect the validity of the remaining parts of the contract.
§ 13 Legal right of withdrawal for distance contractsAs a consumer, regardless of the above regulations, you have the right to revoke a contract concluded with us in accordance with the following cancellation policy, provided that the contract was concluded by way of distance selling - for example online, by email or by post.
Right of cancellationYou have the right to withdraw from this contract without giving a reason. The cancellation period is 14 days from the day the contract is concluded. In order to exercise your right of withdrawal, you must send a clear declaration to us (talentstudio, owner Claus Kögler, Schoderstraße 10, 70192 Stuttgart, Tel. 0711-66487195, email: firstname.lastname@example.org) (for example, a Letter or email) of your decision to withdraw from the contract. You can use the following sample withdrawal form for this purpose, but this is not mandatory.
Consequences of withdrawalIf you revoke this contract, we have to repay all payments that we have received from you immediately and at the latest within 14 days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this return. If you have requested that the services (course participation) begin during the cancellation period, you have to pay us an appropriate amount in comparison to the services already provided at the time you informed us of the exercise of the right of cancellation with regard to this contract corresponds to the total scope of the services provided in the contract.
Model withdrawal form(If you want to revoke the contract, please fill out this form and send it back.) Talentstudio Inh. Claus Kögler Schoderstraße 10 70192 Stuttgart E-Mail: email@example.com I / we hereby revoke (* ) the contract concluded by me / us (*) for the purchase of the following goods (*) / the provision of the following services (*) ordered on (*) / received on (*)
Name of the consumer (s)
Address of the consumer (s)
Signature of the consumer (s) (only when notified on paper)
(*) Delete where inapplicable