Terms and Conditions

General Terms and Conditions of Business and Contract 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 contrary 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 do 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 issue of an invoice also serves as a binding confirmation of registration in accordance with our general terms and conditions. Cancellations of workshops, training courses or training participation by the customer/participant are free of charge up to 6 calendar weeks before the planned start, unless otherwise agreed. 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 entire invoice amount is due. The full fee is also payable in the event of complete or partial non-participation. All cancellations must be made in writing and sent by email to service@strategicplay or by post to the address of Hoffmann Consulting GmbH. Training participants are entitled to nominate 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 according to Section 10j Paragraph 1 Sentence 1 Number 6 of the Hamburg SARS-CoV-2 Containment Ordinance are only permitted for participants who can prove their status as vaccinated or recovered by means of a valid digital COVID certificate from the EU. This certificate will be checked before admission to the respective training. If the participant cannot prove their status as vaccinated or recovered, they will be immediately excluded from the event. In this case, there is no right to reimbursement of the training price, any travel expenses or loss of earnings of the participant.

All training courses or workshops held on the premises of Hoffmann Consulting GmbH, including in particular the CoCreAct® Space, Große Reichenstraße 27, 20457 Hamburg, are subject to the hygiene concept of Hoffmann Consulting GmbH.

The participants of the training/workshop are obliged to follow the requirements of the hygiene concept at all times to protect other participants, the trainer and for their own protection. If the participant repeatedly or continuously violates the requirements of the hygiene concept, the trainer is entitled to exclude the participant from the training and to expel them from the training premises with immediate effect. In this case, the participant or the client of the training is not entitled to insist on proof of participation or a certificate for the training measure. In this case, such a certificate will not be issued. In such cases, Hoffmann Consulting GmbH cannot be obliged to reimburse travel and accommodation costs or loss of work or be held liable for indirect damages, in particular lost profits or claims from third parties. A refund (even partial) of the training fees is excluded in this case. The hygiene concept will be adapted in accordance with the applicable regulations of the federal state or the Free and Hanseatic City of Hamburg and announced by notices in the training premises. The essential, binding elements are in any case:

• Participants with signs/symptoms of respiratory diseases or fever are excluded from participating in training/workshops at 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 a free alternative date in consultation with the participant.

• If a full mouth and nose covering (FFP2 mask or surgical mask) must be worn by law, face visors will not be accepted by Hoffmann Consulting GmbH as a mouth and nose covering. Any medical exemption from this will not be accepted by Hoffmann Consulting GmbH.

§4 Changes/postponements/cancellations by Hoffmann Consulting GmbH

If an event cannot take place due to illness of the Hoffmann Consulting GmbH trainer, force majeure, pandemic or other unforeseeable events, there is no right to hold the event. In such cases, Hoffmann Consulting GmbH cannot be obliged to reimburse travel and accommodation costs or loss of work, nor can it be held liable for indirect damages, in particular lost profits or claims from third parties. In such cases, Hoffmann Consulting GmbH will of course endeavor to accommodate the customer by taking appropriate organizational measures and agreeing a new date. The same procedure applies if the minimum number of participants is not reached at an event and therefore cannot take place. In this case, customers can choose between attending another event of equivalent price and a refund of the full fee. There are no further claims against Hoffmann Consulting GmbH.

§5 Intellectual Property Rights

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

§6 Rights of Use

After successfully completing training courses from Hoffmann Consulting GmbH, participants are entitled to offer and conduct moderated workshops using the method taught in their own company or for third parties. Workshops here are understood to mean the design and moderation of group or individual sessions that are held so that participants can 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 to use the documents and materials provided as part of the contract for their own purposes in their own company. The reproduction and publication of the documents is prohibited. The ownership and other rights of use remain exclusively with Hoffmann Consulting GmbH.

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

The customer is not entitled to offer or conduct training on the methods taught within a period of 5 years after completing the training by Hoffmann Consulting GmbH. This applies to countries in which the rights to the brands StrategicPlay® and CoCreAct® are held by Hoffmann Consulting GmbH. These include, 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 a separate Master Trainer training program in the coming years.

The customer is under no circumstances entitled to:

• Sell training documents, materials or other intellectual property of Hoffmann Consulting GmbH.

• To 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 is governed by the statutory provisions, unless otherwise provided below.

7.2 In the event of loss or damage to items brought into Hoffmann Consulting GmbH’s premises, Hoffmann Consulting GmbH shall only be liable within the scope of Section 702 of the German Civil Code (BGB). Any further liability is excluded.

7.3 Claims for damages by the customer/participant, regardless of the legal basis, especially due to breach of obligations arising from the contractual relationship and tortious acts, are excluded. This does not apply in the case of mandatory liability, such as liability under the Product Liability Act, in the case of intentional or grossly negligent actions, 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 breach of essential contractual obligations is, however, limited to the foreseeable damage typical for the contract.

§8 Limitation Period

All claims of the customer/participant – for whatever legal reasons – expire after 12 months. The statutory provisions apply to claims for damages.

§9 Applicable Law, Place of Jurisdiction

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

as of April 2023