Terms

§ 1 Scope and contracting parties

(1) These General Terms and Conditions (hereinafter “Terms”) apply to all contracts for participation in the Lagree Certification (hereinafter the “Training”) between

CÉCILE GmbH
Managing directors: Caroline Jander; Caroline Schweitzer
c/o ALBA CAPA GmbH, Knesebeckstraße 56-58
10719 Berlin
hello@cecilestudios.com
VAT ID: DE460176222
Local Court Charlottenburg: HRB 278203

– hereinafter the “Provider” – and the respective participating individual – hereinafter the “Participant”.

(2) Differing or supplementary conditions of the Participant shall not become part of the contract unless the Provider expressly consents in writing to their application.

(3) A consumer within the meaning of these Terms is any natural person who enters into the Training for purposes that are predominantly outside their trade, business or profession.

§ 2 Conclusion of contract

(1) The presentation of the Training on the website or in other materials does not constitute a binding offer, but an invitation to submit an offer.

(2) By submitting the fully completed application and booking form, the Participant makes a binding offer to conclude the Training contract. Express confirmation of these Terms and of the privacy policy is required prior to submission.

(3) The contract comes into effect upon acceptance by the Provider. Acceptance is given by written booking confirmation (text form, e.g. by email) or by sending the invoice for the Training fee.

(4) The Provider reserves the right to reject applications without stating reasons, in particular where admission requirements are not met or the Training is fully booked.

§ 3 Scope of services

(1) The Provider delivers the Training in accordance with the service description applicable at the time of booking (curriculum, number of hours, training locations, materials). The service description is made available to the Participant before conclusion of the contract.

(2) Successful participation in the Training entitles the Participant to issuance of the corresponding certificate in accordance with § 8, provided the requirements set out there are met. These may include, in particular, a minimum attendance, proof of teaching hours, the proper performance and assessment of exercises, as well as full payment of the agreed remuneration.

(3) The Provider is entitled to change individual dates, trainers or training locations for organisational or technical reasons (in particular in the event of illness or other unavailability of teaching staff, unavailability of the intended training location, official requirements as well as safety concerns), provided this is reasonable for the Participant and the character and level of the Training remain unchanged.

§ 4 Prices and payment terms

(1) The prices stated in the booking form or booking confirmation apply. All prices are total prices including any applicable VAT.

(2) The Training fee amounts to EUR 2,500 (incl. statutory VAT).

(3) Payment is made by bank transfer, SEPA direct debit or payment service provider. The obligation to pay applies irrespective of actual participation, subject to the provisions on withdrawal (§ 5) and cancellation (§ 6). The Training fee is due for payment immediately upon receipt of the booking confirmation and invoice, but no later than 10 days before the start of the Training.

(4) If the Participant is in default of payment, the Provider is entitled to claim default interest at the statutory rate and, after the unsuccessful setting of a reasonable grace period, to rescind the contract. In the event of rescission, the right to claim damages remains reserved.

§ 7 Transfer of the Training place

(1) The Training place may be transferred to a substitute person up to 14 days before the Training start, subject to prior agreement with the Provider, provided the substitute meets the admission requirements and agrees in writing to be bound by these Terms.

(2) The Provider charges a processing fee of up to EUR 250 for the transfer. The Training fee shall be settled internally between the original Participant and the substitute; vis-à-vis the Provider both shall be jointly and severally liable for any outstanding payments.

§ 8 Participant's obligations · admission requirements · certification

(1) The Participant warrants that they are physically and medically able to take part in the Training. Health conditions that may affect participation must be communicated to the Provider unsolicited before the Training begins.

(2) Issuance of the certificate is subject to regular active participation in at least 90% of the Training units as well as passing the prescribed examinations and practical assessments.

(3) If the Training is not successfully completed for reasons attributable to the Participant (e.g. illness, absence), there is no claim to a refund of Training fees already paid.

(4) The Participant undertakes to respect the materials provided in the context of the Training as well as trademark, copyright and licence rights (in particular in connection with the “Lagree” brand) and not to make them accessible to third parties.

§ 9 Cancellation by the Provider · Force majeure

(1) The Provider is entitled to cancel or postpone the Training for good cause (e.g. illness-related unavailability of trainers, regulatory orders, force majeure). Training fees already paid will, in this case, be refunded pro rata, where a postponement is not reasonable for the Participant.

(2) Further claims, in particular for reimbursement of travel, accommodation or loss-of-earnings costs, are excluded unless mandatory statutory liability provisions apply.

§ 10 Liability

(1) The Provider is liable without limitation for damages arising from injury to life, body or health caused by an intentional or negligent breach of duty by the Provider, its legal representatives or vicarious agents, as well as for other damages caused by intentional or grossly negligent breach of duty.

(2) In the event of a slightly negligent breach of a material contractual obligation (cardinal duty), liability is limited to the foreseeable damage typical for this type of contract. Any further liability for slightly negligent breaches of duty is excluded.

(3) Mandatory statutory liability provisions, in particular under the German Product Liability Act, remain unaffected.

(4) Participation in the Training is otherwise at one's own risk. The Provider accepts no liability for personal items (valuables, clothing, etc.) brought along, unless the Provider is at fault.

§ 11 Image and audio recordings · personality rights

(1) During the Training, image and audio recordings may be made for documentation, training or marketing purposes. Recordings only take place with the express consent of the Participant (separate consent declaration).

(2) Consent may be withdrawn at any time with effect for the future. Details are governed by the separate consent declaration and the privacy policy.

§ 12 Data protection

The processing of personal data is carried out exclusively in accordance with the GDPR and the Provider's separate privacy policy, available at https://www.cecilestudios.com/datenschutz.

§ 13 Amendments to the Terms

(1) The Provider reserves the right to amend these Terms insofar as there is an objective reason for doing so, in particular in the event of changes to the legal situation, supreme court case law, or to close gaps in the regulations that make an adjustment necessary, and provided that the Participant is not thereby unreasonably disadvantaged.

(2) Amendments will be communicated to the Participant in text form at least six weeks before their planned entry into force. The notification will set out the content, the reason and the time of entry into force of the amendment.

(3) For Participants who are consumers: A Participant who is a consumer may expressly consent to the amendments in text form until the planned entry into force. If the Participant does not give their consent, the contract continues on the previous terms. In this case the Provider is entitled to terminate the contract by ordinary notice with a period of six weeks as of the intended date of amendment, provided that, taking into account the interests of both parties, it is unreasonable for the Provider to adhere to the unchanged contract. The Provider will separately point out this right of termination to the customer in the amendment notification.

(4) For Participants who are entrepreneurs: Unless the Participant objects to the amendments in text form within two weeks of receipt of the amendment notification, the amendments shall be deemed approved with effect from the announced date. The Participant will be specifically informed of this in the amendment notification. If the Participant objects in good time, the Provider is entitled to terminate the contract with a period of four weeks to the end of the month. Excluded from the deemed-consent rule are amendments that significantly shift the contractual balance of equivalence, in particular substantial changes to the main contractual obligations or to the remuneration, unless these are already based on a separately agreed adjustment clause.

§ 14 Final provisions

(1) The law of the Federal Republic of Germany applies exclusively to the contractual relationship, to the exclusion of the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law shall apply only insofar as it does not deprive them of the protection afforded by mandatory provisions of the law of the country in which they have their habitual residence.

(2) If the Participant is a merchant, legal person under public law or a special public-law fund, the exclusive place of jurisdiction for all disputes arising from this contract is the registered office of the Provider.

(3) We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

(4) Should individual provisions of these Terms be or become ineffective or unenforceable, the validity of the remaining provisions shall not be affected. The ineffective or unenforceable provision shall be replaced by the statutory provision.

Questions?

For any preliminary questions, reach The Concierge at any time. hello@cecilestudios.com