AGB

General Terms and Conditions of Hoffmann Consulting GmbH

§1 Subject

StrategicPlay® and CoCreACT® are trademarks of Hoffmann Consulting GmbH. The following terms and conditions apply to our services as well as StrategicPlay® and CoCreACT® services to the exclusion of any other terms and conditions of the customer, unless other agreements have been expressly made in writing. The validity of the customer's general terms and conditions is excluded. The customer's general terms and conditions shall not apply even if Hoffmann Consulting GmbH has not expressly objected to them in individual cases.

§2 Invoicing / Cancellations by the customer / participant

Invoices are due for payment immediately upon receipt. The issuance of an invoice is simultaneously considered a binding confirmation of registration in accordance with our General Terms and Conditions of Business and Contract. Cancellations of workshops, trainings or training participations by the customer/participant are, unless otherwise agreed, free of charge up to 6 calendar weeks before the planned start. For cancellations received earlier than 4 calendar weeks before the start of the training, Hoffmann Consulting GmbH will charge a cancellation fee of 50% of the invoice amount. For cancellations received later than 4 calendar weeks before the start of the training, 100% of the total invoice amount is due. Also in case of full or partial non-participation, the full fee is due at 100%. All cancellations must be made in writing and sent by e-mail to service@strategicplay or by mail to the address of Hoffmann Consulting GmbH. Training participants are entitled to name a substitute participant in their place.

§3 Safe behavior during training

Trainings or workshops that are marked in the event description as an event according to the two-G access model pursuant to Section 10j, Paragraph 1, Sentence 1, Number 6 Hamburg SARS-CoV-2 Containment Ordinance are only admitted for participants who prove their status as vaccinated or recovered by means of a valid digital COVID certificate issued by the EU. Verification of this certificate will take place prior to admission to the respective training. If the participant cannot prove his status as vaccinated or recovered, he will be excluded from the event immediately. In this case, there is no right to reimbursement of the training price, any travel expenses or loss of earnings of the participant.

All trainings or workshops conducted on the premises of Hoffmann Consulting GmbH, this includes in particular the CoCreAct® Space, Große Reichenstraße 27, 20457 Hamburg, are subject to the hygiene concept of Hoffmann Consulting GmbH. 

For the protection of other participants, the trainer and for their own protection, the participants of the training/workshop are obliged to follow the instructions of the hygiene concept at all times. If the participant repeatedly or persistently violates the requirements of the hygiene concept, the trainer is entitled to exclude the participant from the training with immediate effect and to expel him/her from the training premises. In this case, the participant or the client of the training is not entitled to insist on a proof of participation or a certificate for the training measure. Such a certificate will not be issued in this case. In such cases, Hoffmann Consulting GmbH cannot be held liable to compensate for travel and accommodation costs or loss of work, nor can it be held liable for indirect damages, in particular loss of profit or claims by third parties. A refund (even partial) of the training fees is excluded in this case. The hygiene concept will be adapted according to the respective valid regulations of the federal state or the Free and Hanseatic City of Hamburg and will be announced by notices in the training rooms. The essential, binding elements are in any case:

- Participants with signs/symptoms of respiratory diseases, as well as fever are excluded from participation in trainings/workshops of Hoffmann Consulting GmbH. The participant is obliged to inform Hoffmann Consulting GmbH or the trainer of any symptoms at the latest before entering the training/workshop premises. In this case, Hoffmann Consulting GmbH will endeavor to offer an alternative date free of charge in consultation with the participant.

- If a full mouth-nose covering (FFP2 mask or surgical mask) must be worn by law, facial visors are not accepted by Hoffmann Consulting GmbH as mouth-nose covering. Hoffmann Consulting GmbH will not accept any medical exemption from this requirement.

§4 Changes/Postponements/Cancellations by Hoffmann Consulting GmbH

Should an event not be able to take place due to illness of the trainer of Hoffmann Consulting GmbH, force majeure, pandemic or other unforeseeable events, there shall be no claim for the event to be held. In such cases, Hoffmann Consulting GmbH cannot be held liable to compensate for travel and accommodation costs or loss of work, or for indirect damages, in particular loss of profit or claims by third parties. In such cases, Hoffmann Consulting GmbH will of course endeavor to accommodate the customer by means of suitable organizational measures and to arrange a new appointment. The same procedure applies if the minimum number of participants is not reached for an event and therefore it cannot take place. In this case, customers may choose between participation in another event of equivalent price and reimbursement of the full fee. Further claims against Hoffmann Consulting GmbH do not exist.

§5 Property rights

All documents, manuals and other materials from trainings and workshops are protected intellectual property of Hoffmann Consulting GmbH, Eppendorfer Baum 11, 20249 Hamburg. Without the express written permission of Hoffmann Consulting GmbH, the complete or partial reproduction, distribution or editing of the documents and other training materials for commercial and non-commercial purposes is expressly prohibited. In the case of advertising CoCreACT® or LEGO® SERIOUS Play® offerings, the customer may use the terms StrategicPlay®, CoCreACT® and "based on the LEGO® SERIOUS Play® method". The use of the StrategicPlay®, CoCreACT® or LEGO® trademarked logos (figurative signs) is prohibited without written permission from the respective trademark owners. The respective trademark rights must always be observed and the trademarks used.

§6 Rights of use

After successful completion of trainings of Hoffmann Consulting GmbH, the participant is entitled to offer and conduct moderated workshops using the taught method in his own company or for third parties. Workshops are understood here to be the design and moderation of group or individual sessions conducted so that the participants work on their own questions and problems with the aim of developing one or more approaches to a solution. The customer receives an unlimited, irrevocable, non-transferable and non-exclusive right of use for his own purposes in his own company for the documents and materials handed over within the framework of the contract. Duplication and publication of the documents are prohibited. The property rights and other rights of use shall remain exclusively with Hoffmann Consulting GmbH.

Materials received by the customer are as received. The customer/participant is not entitled to change them, make them available digitally or integrate them into his own material. The translation of the material into other languages is not permitted.

The customer is not entitled to offer and conduct trainings on the taught methods within a period of 5 years after completion of the training by Hoffmann Consulting GmbH. This applies to countries in which the rights to the StrategicPlay® and CoCreAct® trademarks are held by Hoffmann Consulting GmbH. These are in particular, but not exclusively, Germany, Austria and Switzerland. Training is understood here to mean training third parties in the use of the methods taught and thus enabling them to design and moderate their own workshops using the methods taught.

Hoffmann Consulting GmbH plans to offer an independent Master Trainer training program for this purpose in the next few years.

The customer is in no case entitled: 

- sell training documents, materials or other intellectual property of Hoffmann Consulting GmbH. 

- Offer or conduct online, video or similar digital forms of training and workshops based on tools, methods or other intellectual property of Hoffmann Consulting GmbH. 

§7 Liability

7.1 Liability shall be governed by the statutory provisions, unless otherwise stipulated below.

7.2 In the event of loss of or damage to items brought into the facility of Hoffmann Consulting GmbH, Hoffmann Consulting GmbH shall be liable only within the scope of § 702 BGB. Any further liability shall be excluded.

7.3 Claims for damages by the customer/participant, irrespective of the legal grounds, in particular for breach of obligations arising from the contractual obligation and from tort, shall be excluded. This shall not apply in the case of mandatory statutory liability, such as liability under the Product Liability Act, in the case of intentional or grossly negligent acts, in the case of personal injury, due to the assumption of a guarantee for the quality of an item or due to the breach of essential contractual obligations. The claim for damages due to slightly negligent violation of essential contractual obligations is, however, limited to the foreseeable damage typical for the contract.

§8 Limitation

All claims of the customer/participant - for whatever legal reasons - are subject to a limitation period of 12 months. The statutory provisions shall apply to claims for damages.

§9 Applicable law, place of jurisdiction

The relationship between the contracting parties shall be governed exclusively by the law applicable in the Federal Republic of Germany. The place of jurisdiction is Hamburg.

Status April 2023