Seminars & one-day events

These terms apply to booking individual seminars, webinars and seminar passes (e.g. „Hard Facts Seminars", „BRAIN-HR Pass"). Separate terms apply to multi-part programs and training (Scientific Trainer, AI Practitioner, Senior Scientific Masterclass), as well as to software licenses and consulting services.

§ 1 Scope, provider

(1) These general terms and conditions apply to all contracts for the seminars and one-day events offered on brain-hr.com between

Dr. rer. medic. Franz Hütter, M.A. / BRAIN-HR, Am Schlagbaum 1, 58285 Gevelsberg (hereinafter the „Provider")

and the customer.

(2) The offerings are directed at businesses (§ 14 BGB) as well as consumers (§ 13 BGB). Deviations in favour of consumers are expressly marked.

§ 2 Subject of the service

(1) The Provider runs subject-matter seminars and webinars, generally as live online events (video conference). Content, date, duration and format result from the respective event description on the website.

(2) A seminar pass entitles the holder to participate in the seminars named in the respective pass description within the stated period.

(3) Where technical prerequisites are required for participation (e.g. an internet-capable device, a current browser, camera/microphone where applicable), providing these is the customer's responsibility.

§ 3 Conclusion of contract

(1) The presentation of the seminars on the website is not a binding offer but an invitation to book.

(2) By submitting the booking, the customer makes a binding offer. The contract is concluded upon the Provider's booking confirmation in text form (e.g. by email).

§ 4 Prices and payment

(1) The prices stated at the time of booking apply. All prices are net plus statutory VAT; the gross amount is shown during the order process.

(2) Payment is made by invoice or via PayPal. Unless otherwise agreed, invoices are payable within 14 days without deduction. Access to the event may be made dependent on timely receipt of payment.

(3) Discounts (e.g. for graduates of the Scientific Trainer Program or Masterclass participants) apply only insofar as they are shown during the order process or agreed separately.

§ 5 Cancellation by the customer, replacement participant

(1) If the customer cancels a booked event, the following applies unless otherwise agreed:

• up to 14 days before the start: free of charge;
• thereafter, up to 7 days before the start: 50% of the fee;
• thereafter or in case of non-attendance: 100% of the fee.

(2) Cancellation must be in text form. What is decisive is receipt by the Provider.

(3) Instead of cancelling, the customer may name a replacement person who participates under the booked conditions.

§ 6 Cancellation or rescheduling by the Provider

(1) The Provider may cancel or reschedule an event for good cause (e.g. illness of the presenters, force majeure, insufficient number of participants). The Provider informs the customer without delay.

(2) In case of cancellation, fees already paid are refunded in full. In case of rescheduling, the customer may attend on the new date or withdraw from the contract; in that case fees already paid are refunded.

(3) Further claims by the customer are excluded, insofar as the Provider is not liable for intent or gross negligence and there is no liability under § 9.

§ 6a Minimum number of participants

Where a minimum number of participants is stated for an event, § 6 applies accordingly if this is not reached.

§ 7 Right of withdrawal for consumers

(1) Consumers generally have a statutory right of withdrawal of 14 days. The full withdrawal instructions together with the sample withdrawal form are attached as an appendix.

(2) No right of withdrawal exists under § 312g(2) no. 9 BGB for contracts for services in connection with leisure activities where the contract provides a specific date or period for performance. This includes our seminars and webinars with fixed dates; there is no right of withdrawal in this respect.

(3) For services not tied to a date, the right of withdrawal expires when the Provider has fully performed the service and the consumer expressly consented before the start and confirmed their knowledge of the expiry (§ 356(4) BGB).

§ 8 Rights of use in seminar materials

(1) Materials, recordings and documents provided are protected by copyright and are intended exclusively for the participant's personal use.

(2) Reproduction, sharing, making publicly available or recording the event beyond the agreed scope are not permitted without the Provider's prior written consent.

§ 9 Liability

(1) The Provider is liable without limitation for intent and gross negligence as well as for damages arising from injury to life, body or health.

(2) In the case of simple negligence, the Provider is liable only for the breach of a material contractual obligation (cardinal obligation) and limited to the foreseeable damage typical of the contract.

(3) Otherwise, liability is excluded. Liability under the Product Liability Act remains unaffected.

§ 10 Final provisions

(1) The law of the Federal Republic of Germany applies, to the exclusion of the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law applies only insofar as mandatory consumer-protection provisions of the state of residence are not thereby restricted.

(2) If the customer is a business, a legal entity under public law or a special fund under public law, the place of jurisdiction is the Provider's registered office.

(3) Should individual provisions be invalid, the validity of the remaining provisions remains unaffected.

---

Appendix: withdrawal instructions for consumers

Right of withdrawal. You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day of the conclusion of the contract. To exercise your right of withdrawal, you must inform us (Dr. rer. medic. Franz Hütter, M.A. / BRAIN-HR, Am Schlagbaum 1, 58285 Gevelsberg, email: fh@brain-hr.com) of your decision to withdraw from this contract by means of a clear statement. To meet the withdrawal deadline, it is sufficient to send the notification in good time.

Consequences of withdrawal. If you withdraw from this contract, we must repay all payments we have received from you without delay and at the latest within fourteen days from receipt of your withdrawal. If you have requested that a service not tied to a date should begin during the withdrawal period, you owe a reasonable amount for the service already rendered.

Expiry / exclusion. For seminars and webinars with fixed dates, there is no right of withdrawal under § 312g(2) no. 9 BGB (see § 7(2)).

Sample withdrawal form (only complete and return if you wish to withdraw from the contract): To Dr. rer. medic. Franz Hütter, M.A. / BRAIN-HR, Am Schlagbaum 1, 58285 Gevelsberg, fh@brain-hr.com — I/we hereby withdraw from the contract concluded by me/us for the following service … — ordered on … — name … — address … — date, signature (only for notification on paper).