Malte Marten Teacher Training
Terms of contract
("Contract")´
Training Contract
between
Malte Marten GmbH, Heimatstraße 19, 79102 Freiburg, Germany
– hereinafter referred to as “Malte Marten” –
and
the person who confirms acceptance of this agreement electronically (by clicking “I accept the Terms & Conditions” or checking the confirmation box)
– hereinafter referred to as “Trainee” –
Auszubildener and Malte Marten are hereinafter also referred to jointly as the "Parties" and individually as a "Party".
Preliminary remark
Malte Henrik Marten is an internationally renowned handpan artist who has already taught several thousand people the art of handpan playing. In recent years, Malte Henrik Marten has continued to perfect his own training, systematising it in the "Malte Marten Method" and condensing it into a didactic concept. In order to give even more people access to handpan playing, Malte Henrik Marten has developed a specific Teacher Training. This training course trains people to teach other people how to play the handpan using the Malte Marten Method. The course takes a holistic approach. The prospective handpan teachers learn didactic methods as well as important aspects of online marketing, how to record their own training videos and much more. The course is an online video course "on demand". In addition, live calls with Malte Henrik Marten himself or other Handpan experts take place every fortnight. The teacher training is not aimed at consumers.
Having said this, the parties agree as follows:
1. Subject matter of the contract
1.1 Malte Marten shall provide training services in the field of information technology in accordance with § 2 of this contract (hereinafter referred to as "Services").
1.2. The services provided by Malte Marten are services in accordance with §§ 611 ff. BGB (GERMAN CIVIL CODE). Successful training is not owed.
2. Obligations
2.1. The training takes the form of an online course. Trainees are given access to an exclusive member area. Access is granted for the entire duration of the contract and enables access to on-demand videos, which are used to convey the majority of the learning content.
2.2. In addition, Malte Marten provides the following services for the duration of the contract:
Provision of training documents in electronic form (script, exercises with solutions, handouts, etc.) via e-mail/learning platform
Answering questions about the training content via the learning platform
Video calls in groups on fixed regular dates (at least once a month)
2.3. The training is held in English.
3. Personnel
3.1. Malte Marten is free to choose the persons it deploys to provide the services. He shall ensure that the persons he employs are sufficiently qualified to provide the services.
3.2. Malte Marten may also have its services performed by subcontractors. Malte Marten shall structure the agreements with its subcontractors in such a way that they comply with the provisions of this contract.
4. Remuneration and terms of payment
4.1. Participation in the training course is subject to payment of a fixed price. The total package price is currently EUR 3,999.00 (plus VAT). Certain discount campaigns etc. are reserved.
4.2. Unless otherwise agreed, payment is due upon conclusion of the contract.
4.3. Unless expressly agreed otherwise, all prices are quoted exclusive of VAT at the applicable rate.
5. Contract term and cancellation
5.1. The contract comes into effect when it is signed by both parties. It ends when the agreed services have been provided in full. This is the case at the end of the training cycle. A training cycle usually lasts four months. Ordinary cancellation is excluded.
5.2. The right of both parties to extraordinary cancellation of this contract in accordance with the statutory provisions remains unaffected. Any cancellation of the contract must be made in writing to be effective. Transmission of the cancellation by e-mail is excluded. Services rendered up to the effective date of cancellation shall be remunerated.
6. Rights of use
6.1. Upon full payment of the remuneration owed, the trainee shall receive a non-transferable, non-exclusive right to use the training documents for his own internal purposes for an unlimited period of time.
6.2. The right of use does not include the right to make changes, translations, adaptations or other alterations.
7. Liability
7.1. In the event of intent and gross negligence, Malte Marten shall be liable in accordance with the statutory provisions.
7.2. In the event of simple negligence, Malte Marten shall only be liable if a material contractual obligation has been breached. In this case, Malte Marten's liability shall be limited to the foreseeable damage typical for the contract. An essential contractual obligation is an obligation whose fulfilment is essential for the proper execution of a contract and on whose compliance the other party may regularly rely.
7.3. Claims for damages under the Product Liability Act and in the event of injury to life, limb or health remain unaffected by the above limitations of liability.
7.4. The above limitations of liability also apply in favour of legal representatives, employees and vicarious agents of Malte Marten.
8. Confidentiality
8.1. The parties shall treat as confidential all business secrets, including the content of this Agreement, as well as other information of the other party labelled as confidential (hereinafter referred to as "Confidential Information"). The receiving party ("Recipient") shall treat the Confidential Information with the same care as it treats its own confidential information of the same sensitivity, but at least with the care of a prudent businessman.
8.2. Use of the confidential information is limited to use in connection with this contract. Confidential information may not be disclosed to third parties without the prior consent of the disclosing party. Consent must be given in writing. No third parties within the meaning of this paragraph are affiliated companies of the parties and consultants who are obliged by law to maintain confidentiality.
8.3. To the extent required by applicable legal obligations, the recipient is also authorised to disclose and pass on confidential information. To the extent permitted by law, the recipient shall inform the disclosing party before disclosing confidential information.
8.4. The parties shall require their employees or third parties to whom they disclose confidential information to treat this information confidentially within the framework of the respective service and employment relationships, subject to the proviso that the obligation to maintain confidentiality shall continue to apply beyond the end of the respective service or employment relationship, unless a corresponding general obligation to maintain confidentiality already exists.
8.5. The obligation to maintain confidentiality does not apply to information that
were already generally known when the contract was concluded or subsequently become generally known without breach of the confidentiality obligations contained in this contract;
developed by the Recipient independently of this Agreement; or
the Recipient has received from third parties or outside this Agreement from the Disclosing Party without an obligation of confidentiality.
The burden of proving the existence of the exceptions referred to in this paragraph lies with the party invoking the exception.
8.6. Upon termination of this agreement, the parties shall surrender or delete confidential information in their possession to the other party at the request of that party. This does not apply to confidential information for which there is a longer statutory retention obligation and data backups as part of normal backup processes.
8.7. The obligation to maintain confidentiality shall apply for the term of this agreement and for a period of 2 years after termination of this agreement.
9. Data protection
9.1. The parties shall comply with the data protection laws applicable to them.
9.2. If and to the extent that Malte Marten processes personal data of the trainee on behalf of the trainee as part of the provision of services, the parties shall conclude a standard market agreement on the processing of data on behalf in accordance with Art. 28 GDPR before the start of processing.
10. Choice of law and place of jurisdiction
10.1. This contract is subject to the law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods of 11 April 1980.
10.2. The exclusive place of jurisdiction for all disputes arising from or in connection with this contract, including its validity, shall be the registered office of Malte Marten.
11. Final provisions
11.1. General Terms and Conditions of the trainee do not apply.
11.2. The assignment of rights arising from this contract requires the prior written consent of Malte Marten.
11.3. Amendments or additions to this contract must be made in writing in order to be effective, unless a stricter form is prescribed by law. This shall also apply to any amendment to this written form clause. The written form requirement is met in particular by sending declarations by e-mail, unless otherwise expressly stipulated in this contract.
11.4. Should individual provisions of this contract be or become invalid or unenforceable in whole or in part, this shall not affect the validity of the remaining provisions of this contract. The parties shall replace the invalid or unenforceable provision with a valid and enforceable provision that comes as close as possible to the legal and economic intent of the invalid or unenforceable provision and that they would reasonably have agreed upon if they had considered the invalidity or unenforceability of the respective provision when concluding this contract. The same applies in the event of a loophole.