1 General principles / scope
1.1 These general terms and conditions apply exclusively to all legal transactions between the client and the contractor. The version valid at the time the contract is concluded is decisive.
1.2 These general terms and conditions also apply to all future contractual relationships, even if they are not explicitly stated in additional contracts.
1.3. Conflicting general terms and conditions of the customer are invalid unless they are expressly recognized by the contractor in writing.
1.4 In the event that individual provisions of these general terms and conditions are and / or should become ineffective, this does not affect the effectiveness of the remaining provisions and the contracts concluded on the basis of them. The ineffective is to be replaced by an effective provision that comes closest to you in terms of sight and economic purpose.
2 Scope of the consulting contract
2.1 The scope of a specific consulting contract is contractually agreed in individual cases.
2.2 A concrete success is neither owed nor guaranteed. The client is solely responsible for deciding on the time and type and scope of the measures recommended by Bodywear Consulting or coordinated with Bodywear Consulting. This applies even if Bodywear Consulting accompanies the implementation of coordinated plans or measures by the client.
2.3 The specific content and scope of the work to be performed by Bodywear Consulting is based on the order placed in writing. If there is a need for additional or supplementary activities, Bodywear Consulting will draw the client’s attention to this. In this case, an extension of the order is carried out by Bodywear Consulting by requesting or accepting the additional or supplementary activity.
2.4 Bodywear Consulting bases the information provided by the client or the documents made available as well as the transmitted numerical material in its activity as complete and correct. Bodywear Consulting is not obliged to check the accuracy, completeness or correctness or to carry out its own research.
3 Client’s duty of cooperation
3.1 The client will provide you with the information and documents required for the execution of the order completely and in terms of content.
3.2 The client ensures that the contractor is provided with all the documents necessary for the fulfillment and execution of the consulting order in a timely manner and is informed of all processes and circumstances that are important for the execution of the consulting order, even without the client’s special request. This also applies to all documents, processes and circumstances that only become known during the work of the consultant.
3.3 The client ensures that his employees and the legally stipulated and possibly established employee representative body (works council) are informed by the contractor before the contractor starts working.
4 Reporting / reporting obligation
4.1 The contractor undertakes to report on his work and that of his employees on the progress of work in accordance with the client.
4.2 The contractor is free from instructions when producing the agreed plant, acts at his own discretion and on his own responsibility. He is not bound to a specific place of work or a specific working time.
5 Seminars, trainings and workshops from Bodywear Consulting
5.1 Trainers and / or seminar and workshop leaders are free to design their presentation and are responsible for the content of the seminar presentation. The organizer is entitled to make necessary or appropriate changes to the seminar, workshop and / or training programs. This applies in particular to the appointment of a substitute speaker in the event of a trainer’s failure, as well as an associated change in the date and location.
5.2 The client is aware of the scope, form, subject matter and purpose of the services.
5.3 By booking a seminar, training or workshop, the participant agrees, should photo, sound and film recordings be made during the event that they can be used for the media and for the organizer’s advertising.
6.1 The remuneration for the consulting service is contractually agreed in individual cases.
6.2 When booking seminars, training courses and workshops, the fees are due at least 2 weeks before the start of the seminar. If part of the invoice amount is still open at the seminar / workshop, the participant is not entitled to participate in the seminar / workshop. Registration is binding for seminar and / or workshop participants. In the event of cancellation up to four weeks before the seminar / workshop begins, the participant will not be charged anything, after which 30% of the fee will be charged as a processing fee. If a participant cannot participate in the booked seminar, training or workshop due to illness, death, accident or other circumstances, he is not entitled to a refund of the price paid. The organizer is free to transfer the participant to another seminar or to cancel it free of charge after goodwill and upon presentation of appropriate proof.
6.3 The client or seminar participant agrees that the invoice will be sent to him at his e-mail address.
7 Payment modalities
7.1 The remuneration agreed with Bodywear Consulting is net prices, which are to be paid plus the applicable statutory sales tax.
7.2 The invoices are due without deductions upon receipt by the customer. These must be transferred to the account specified by Bodywear Consulting no later than the 30th calendar day after the due date.
8 Protection of intellectual property
8.1 The copyrights to the works created by the contractor and his employees (in particular offers, reports, analyzes, expert reports, organizational plans, programs, service descriptions, drafts, calculations, drawings, data carriers, seminar documents etc.) remain with the contractor. They may only be used by the client during and after the termination of the contractual relationship for the purposes covered by the contract. The client is therefore not entitled to reproduce and / or distribute the work (s) without the express consent of the contractor. Under no circumstances will the contractor be liable for the unauthorized reproduction / distribution of the work – especially for the correctness of the work – towards third parties.
8.2 The client’s breach of these provisions entitles the contractor to terminate the contractual relationship prematurely and to assert other legal claims, in particular for injunctive relief and / or compensation.
9 Liability / compensation
9.1 The contractor is liable to the client for damage – except for personal injury – only in the event of gross negligence (intent or gross negligence). This also applies mutatis mutandis to damage caused by third parties brought in by the contractor.
9.2 Claims for damages on the part of the client can only be brought to court within six months of becoming aware of the damage and the damaging party, but no later than three years after the event giving rise to the claim.
9.3 The client must provide evidence that the damage is due to the fault of the contractor.
10 Confidentiality / data protection
10.1 The contractor undertakes to maintain absolute secrecy about all business matters that come to his knowledge, in particular business and trade secrets, as well as any information that he receives about the type, scope of business and practical activity of the client.
10.2 Furthermore, the contractor undertakes to keep third parties confidential about the entire content of the work as well as all information and circumstances that have been received in connection with the creation of the work, in particular also about the client’s data.
10.3 The duty of confidentiality extends indefinitely beyond the end of this contractual relationship. There are exceptions in the case of statutory information requirements.
11 Dauer des Vertrages
11.1 Dieser Vertrag endet grundsätzlich mit dem Abschluss des Auftrags bzw. Projekts.
11.2 Regardless of this, the contract can be canceled at any time for important reasons from either side without observing a notice period. The main reason is
– if a contractual partner violates essential contractual obligations or
– if a contractual partner falls into arrears after opening insolvency proceedings.
12 Final provisions
12.1 The contracting parties confirm that they have given all information in the contract conscientiously and truthfully and undertake to mutually announce any changes immediately.
12.2 Changes to the contract and these terms and conditions must be made in writing. Verbal collateral agreements do not exist.
12.3 The exclusive place of jurisdiction for all claims from the contract related to these terms and conditions and these conditions is Munich.
12.3 The client or seminar participant agrees to be informed by the organizer of news and events via email, post and mobile communications