Terms of Service Germany

for our Seminars and Training Programs

These GTC apply to all events, trainings and seminars offered and organized by Patricio Simon, Kottwitzstr. 38, 20253 Hamburg, Germany.

1. Termination of the contract
1.1. If a participant has registered for a seminar, but is unable to attend it for personal or health reasons, termination is free of charge, if it is declared to the organizer in writing up to six weeks (42 days) prior to the beginning of the seminar. In that case any participation fee that has already been paid will be refunded without interest.

If termination is declared to the organizer in writing between 42 days and up to 8 days (including the 8th day) prior to the beginning of the seminar, the participant is obliged to provide a substitute participant, in consultation with Patricio Simon and the tutor, or to pay 50% of the participation fee.

In case of termination shorter than 8 days prior to the beginning of the seminar or in case of non attendance , the participant is obliged to provide a substitute participant, in consultation with Patricio Simon and the tutor, or to pay the entire participation fee.

The day of the beginning of the seminar shall not be included in the calculation of this deadline, with the right reserved on the part of the participant to prove that no, or only limited, loss or damage has been incurred.

1.2. The offer to run a course in a different language with a direct translation is voluntary. There is no entitlement for such a direct translation. In the event of absence of the translator the organizer will try to provide a substitute. Failure to provide a translation is not a reason to terminate the contract.

1.3. The organizer may terminate the contract without any previous notice for important reasons. Important reasons shall be in particular:

The participant adversely affects the course.
The participant counteracts the instructions of the tutor.
The participant endangers the health of the tutor or other students.
The participant creates, uses, reproduces or puts on the market audio or video recordings.
In the event of valid termination without notice the participant has no claim to full or partial remuneration.

1.4. The organizer reserves the right to cancel seminars at least 10 days prior to the beginning of the seminar. The organizer notifies the student immediately of this fact and offers an alternative date or an alternative seminar. Cancellations without substitution, even at short notice, are also possible in case of unforeseen circumstances. In case of cancellation on behalf of the organizer the total sum of fees paid will be refunded, without interest. Further claims against the organizer are excluded in case of such a cancellation.

2. Recognition of copyright of the educational material

2.1. By registering for a seminar the participant declares explicit acceptance to photo, video and audio recordings of the seminar, including all photo, video and audio recordings of his person and his voice. If this is not favored by the participant he must notify the organizer before or when registering for the seminar.

2.2. In case the participant decides at a later time that he does not want to appear on photo, video and audio recordings of the seminar, he might remove his person from the recordings. The costs of this will be invoiced in advance.

2.3. If photo, video and audio recordings of the seminar are purchased, the participant is responsible for ensuring that they are used only in a professional context maintaining the duty of confidentiality and preserving the anonymity of the depicted persons. The participant is not allowed to make copies or pass them on, or to create copies of the recordings for the purpose of purchasing them or any other purpose, without the explicit consent in writing of Patricio Simon and the respective tutor of the seminar.

2.4. Learning material and training documents are the property of the organizer. The copyright on all the material provided rests with the organizer. Any use other than private use, any full or partial reproduction or other use of the material is prohibited without the prior written consent of the organizer. This also applies to video and audio recordings of the seminar.

3. Minimum number of participants and cancellation on behalf of the tutor
Our seminars are subject to a minimum number of participants, which is stated in the announcement of the seminar or that you can ask for while registering. In case that the minimum number of participants for a seminar has not been reached, the seminar will not take place. Any fee that has already been paid will be refunded without interest. Further claims against Patricio Simon are excluded. The same applies in case of cancellation on behalf of the tutor without fault of the organizer.

4. Liability

4.1. The organizer is liable only in case of intent or gross negligence. The liability for simple negligence is restricted to losses arising from a culpable violation of essential contractual rights and duties and losses arising from the loss of life, violation of body or health; in this case liability is limited to the foreseeable damage, which has to be typically expected. The participant takes part at their own risk. The student approves the contact of his/her body by the trainer in direct relation to the training. The organizer’s liability is excluded in particular if injuries are caused as a result of false statements on the health questionnaire.
4.2. The organizer assumes no liability for the professional applicability or usability of the content of the seminar.

4.3. The organizer is not liable for impairment or thwarting of the training goal through difficulty of the student in the mastery of the English language.

5. Other terms

5.1. If any of the clauses that make up this contract are declared null, void or ultimately unenforceable, the other clauses of the contract shall remain valid and have effect between both parties.

5.2. Any additional provision is required in writing. This also applies for any agreement on modification, of the writing requirement.