General Terms and Conditions for in-house workshops, keynotes and training programs of The School of Life Germany (TSOL)


These General Terms and Conditions (“GTC”) shall apply to all contracts and services, such as in-house workshops, keynotes and training programs (hereinafter also referred to as “Service”), of BD Culture & Education GmbH, Lychener Str. 7, 10437 Berlin, Germany (hereinafter also referred to as “TSOL”), vis-à-vis its Customers. Any deviating terms and conditions of the Customers are hereby rejected. TSOL shall only recognize such deviating terms and conditions if this has been expressly agreed in writing.


The Customer can access and print out these GTC at or request them in text form by sending an e-mail to [email protected].


§ 1 General provisions

(1) TSOL’s offers are expressly not aimed at consumers within the meaning of § 13 BGB. By concluding the contract, the Customer confirms that it commissions or acquires the Services to be provided by TSOL and the documents prepared by TSOL for its commercial or freelance activity.

(2) The contract between TSOL and the Customer is concluded either through the sending of an offer by TSOL and its acceptance by the Customer or through an order by the Customer and its acceptance by TSOL. In any case, a final order confirmation by TSOL is required for the conclusion of a contract. With this order confirmation, the contract is binding for both parties. No written form is required for the conclusion of the contract. Declarations in text form are sufficient.

(3) The individual agreement concluded between the parties in accordance with § 1 (2) of these GTC shall take precedence over these GTC in the event of contradictions with these GTC.

(4) TSOL may also provide its services through subcontractors. TSOL will structure the agreements with its subcontractors in such a way that they comply with the provisions of the contract and these GTC.

(5) The trainers deployed by TSOL to perform the Services act exclusively on behalf of and in the name of TSOL during their work. Within a period of 24 months after completion of the Service, additional, follow-up and new orders with the trainers must be processed exclusively via TSOL.


§ 2 Service description and Customer’s duty to cooperate

(1) All Services are agreed separately between the parties, see § 1 (2) of these GTC.

(2) The Customer shall provide the agreed cooperation services, including the provision of materials. In addition to the cooperation services expressly stated, the Customer shall provide the cooperation services that are necessary and generally customary for TSOL to provide the Service in accordance with the contract. The Customer shall in particular:

(a) provide TSOL with all necessary information;

(b) allow TSOL access to its premises suitable for the performance of the Services at the agreed service times;

(c) grant TSOL access to its IT systems and provide the technical means necessary to carry out the training; and

(d) make the transmitted training documents available to the participants in a suitable form, unless these Services have been contractually assigned to TSOL’s scope of duties.

(3) Insofar as cooperation services are owed and the necessary concretization has not already been contractually agreed, TSOL will request these cooperation services from the Customer in text form within a reasonable time prior to the performance of the Service, stating the relevant framework conditions. TSOL will notify the Customer immediately in text form of any cooperation services that it considers to be inadequate.

(4) Unless otherwise agreed in individual cases, all cooperation services of the Customer shall be provided free of charge for TSOL.

(5) The cooperation services to be provided by the Customer constitute genuine duties and not mere obligations. If and to the extent that the Customer does not provide the cooperation services owed by it, does not provide them on time or does not provide them as agreed and this has an impact on the provision of Services by TSOL, TSOL is released from performing the Services concerned. The corresponding deadlines of TSOL are postponed by a reasonable period of time; in the case of bindingly agreed deadlines, TSOL is released from performing the Services concerned. In the event of such postponements, § 10 (3) of these GTC applies accordingly.


§ 3 Virtual Services

(1) For virtual Services provided online by TSOL, the Customer requires computers or similar electronic devices with an internet connection that meet the relevant system requirements. The system requirements are noted in the contract or will be communicated to the Customer in text form in good time before the start of the Service. The Customer is responsible for the existence of these technical requirements. The Customer is obliged to test the functionality of the technical requirements in advance. TSOL must be informed immediately of any technical problems during the virtual Service.

(2) If the Customer provides the technical means for the virtual Services, the responsibility lies solely with the Customer. Reference is made to the provisions in § 2 (2) and (5) of these GTC.

(3) Depending on which party provides the technical platform for the virtual Service, it shall send the access data to the other party in good time before the start of the virtual Service. The access data may not be passed on to third parties or made publicly available.

(4) If a virtual Service cannot take place in whole or in part for reasons for which TSOL is not responsible, the Customer is not entitled to a price reduction.


§ 4 Use of recorded and/or stored Services

(1) Recordings and storage of non-virtual Services or the storage of virtual Services as well as the subsequent use of the stored Services require the consent of TSOL.

(2) The Customer may only use the recording of the Service for internal purposes and only make it available to the agreed group of participants. The recording may not be used for commercial purposes.

(3) The Customer is responsible for taking appropriate technical and organizational measures to ensure that the recordings are protected against unauthorized access or misuse and that the recordings cannot be downloaded.

(4) The recordings shall be retained by the Customer for a period of four weeks (or another agreed period). At the end of this period, the Customer shall delete the recording completely and ensure that no copies or backup copies exist.

(5) TSOL has the right to request the Customer to delete the recordings before the end of the agreed period if TSOL has reasonable grounds to assume that the recordings will no longer be treated confidentially or that there has been a breach of this agreement.


§ 5 Value added tax and payment

(1) Unless otherwise stated, the agreed fees or prices are net plus VAT.

(2) Unless otherwise agreed, the Customer’s payment obligations are due for payment within 30 days of invoicing. If the Customer defaults on its payment obligations, TSOL may demand compensation for damages and/or withdraw from the contract in accordance with the statutory provisions.

(3) TSOL receives reimbursement of expenses for meals, accommodation and commute in accordance with the rates agreed with the Customer. Travels at the expense of the Customer require mutual agreement.

(4) If less than the agreed Services are requested from TSOL, the Customer shall not be entitled to a price reduction.


§ 6 Liability

(1) TSOL is liable for material defects and defects of title in accordance with the statutory provisions.

(2) The Customer may only assert claims for damages against TSOL outside of liability for material defects and defects of title in the event of intent or gross negligence. The exclusion of liability does not apply in the event of injury to life, limb or health and in the event of a breach of material contractual obligations. Except in the case of intent, gross negligence and damage resulting from injury to life, limb or health, TSOL’s liability is limited to the amount of damage typically foreseeable at the time the contract was concluded.

(3) Insofar as TSOL’s liability is excluded or limited, this also applies to the personal liability of its employees, workers, freelancers, representatives and vicarious agents.


§ 7 Offsetting, right of retention and assignment

(1) The Customer shall only be entitled to set-off if the counterclaims are recognized by TSOL or have been legally established. The Customer is only authorized to exercise a right of retention to the extent that its counterclaim is based on the same contractual relationship.

(2) The Customer is not entitled to assign his claims arising from the contract to third parties.


§ 8 Data protection

(1) The Customer is aware and agrees that the personal data required to process the order will be stored by TSOL on data carriers. The Customer expressly consents to the collection, processing and use of its personal data. The stored personal data shall be treated confidentially by TSOL. The collection, processing and use of the Customer’s personal data is carried out in compliance with the applicable data protection laws, in particular the General Data Protection Regulation [Datenschutz-Grundverordnung (DS-GVO)] and the Federal Data Protection Act [Bundesdatenschutzgesetztes (BDSG-neu)].

(2) Insofar as TSOL collects, processes and uses personal data of the Customer’s employees to process the order, the Customer guarantees that its employees have consented to the disclosure and use of their personal data.

(3) If and to the extent that TSOL processes the Customer’s personal data on behalf of the Customer in the context of the provision of Services in accordance with § (1) and/or (2) above, the parties shall conclude a standard market agreement on the processing of data on behalf of the Customer in accordance with Art. 28 DS-GVO before the start of processing.

(4) The Customer and its employees have the right to withdraw their consent at any time with effect for the future. In this case, TSOL is obliged to delete the personal data of the Customer or the employees immediately. In the case of ongoing contractual relationships, deletion will take place after the end of the contractual relationship.


§ 9 Cancellation

(1) If the Customer cancels the contract, the following percentages of the net fee plus VAT must be paid by the Customer to TSOL:

– 10% in case of cancellation up to 60 calendar days or earlier before the start of the Service;

– 20% in case of cancellation between the 59th and the 30th calendar day before the start of the Service;

– 50% in case of cancellation between the 29th and 14th calendar day before the start of the Service

– 75% in case of cancellation between the 13th and 7th calendar day before the start of the Service.

In the event of a later cancellation, the entire fee will be charged. Any fees already paid in excess by the Customer will be reimbursed by TSOL.

(2) All TSOL’s claims to remuneration are settled with the aforementioned payments.

(3) The Customer may transfer its employee registrations to another employee of their company at any time.


§ 10 Performance of the Services, postponement and failure

(1) If Services are not agreed upon for specific dates in the contract, the parties shall agree on these in text form.

(2) Should the Customer postpone a Service (date and/or place of performance), the parties shall attempt to agree an alternative date by mutual consent.

(3) If the postponement is made by the Customer, the following percentages of the net fee or, in the case of a multi-part event, the pro rata net fee plus VAT shall be paid by the Customer to TSOL in addition to the agreed remuneration:

– 0% in case of postponement up to 30 calendar days or earlier before the start of the Service;

– 15% in case of postponement between the 29th and the 14th calendar day before the start of the Service;

– 30% in case of postponement between the 13th and 7th calendar day before the start of the Service;

– 50% in case of postponement after the 6th calendar day before the start of the Service.

(4) If TSOL is unable to provide the Service on the agreed dates due to force majeure, illness, accident or any other impediment for which it is not responsible, the parties shall agree on another date and/or place of performance and/or another person to perform the Service. If TSOL is unable to offer a suitable replacement, any fees already paid for agreed Services will be refunded. Claims for damages by the Customer are excluded in this case.


§ 11 Termination

(1) The contract cannot be terminated ordinarily with the exception of the cancellation in § 9. § 10 (4) of these GTC shall remain unaffected.

(2) The contract may be terminated by either party without notice for good cause.


§ 12 Secrecy

(1) TSOL undertakes to maintain confidentiality about all knowledge and results gained during the performance of this contract and in connection with it. The same applies to all business matters and processes of the Customer of which TSOL becomes aware, in particular business and trade secrets. These obligations also apply to employees of the Customer or other third parties who are called in to perform the Service, unless the aforementioned persons are expressly appointed or authorized to obtain knowledge due to their official position.

(2) The confidentiality obligation does not apply to such documents, knowledge, results and information for which TSOL can prove that they have become generally known for a reason for which TSOL is not responsible.

(3) The confidentiality obligation shall continue to apply beyond the termination of the contract.

(4) TSOL shall pass on these obligations to the persons with whom it concludes contracts in accordance with § 1 (4) of these GTC.


§ 13 Copyrights to training material

TSOL retains all copyrights and other protective rights with regard to the training material, including translation, reprinting and reproduction.

Unless otherwise agreed, the Customer may use the training material during and after the term of the contract exclusively for the purposes covered by the contract and the agreed scope of Services.

No user may reproduce, duplicate, distribute or publicly reproduce the training material, in whole or in part, in any form, including for the purposes of teaching or training, without the prior written permission of TSOL.


§ 14 Miscellaneous

(1) If the Customer is a merchant or has no place of jurisdiction in the Federal Republic of Germany, Berlin is agreed as the place of jurisdiction.

(2) No ancillary agreements have been made to this contract. Amendments or supplements must be made in writing to be legally effective.

(3) The Customer is not entitled to assign his claims arising from the contract.

(4) The law of the Federal Republic of Germany shall apply.


© BD Culture & Education GmbH

March 2024