General Terms and Conditions (GTC)

The Art of Embodying Change GmbH
Kreuzbergstrasse 37-38, 10965 Berlin

Scope of Application

1.1. These General Terms and Conditions (GTC) apply to all contracts between The Art of Embodying Change GmbH (hereinafter referred to as "we" or "us") and our business clients (hereinafter referred to as "customer").
1.2. The GTC exclusively apply to contracts with businesses (§ 14 BGB) and cooperation partners in the B2B sector.
1.3. The GTC apply to all services offered or provided by us, including concepts, consultations, organizational development processes, installations, and events.
1.4. We only recognize any conflicting terms and conditions of the customer if we have expressly agreed to them in writing.

Contract Conclusion
2.1. A contract is formed when the customer confirms our written offer or signs a separate contract document.
2.2. Changes or additions to the contract, such as schedule adjustments, are only valid if agreed upon in writing (email is sufficient).
2.3. For projects with a high production budget or a longer duration, we reserve the right to request advance payments and/or installments. These may be arranged as follows:

-Advance Payment: Up to 50% of the agreed fee is due upon contract conclusion.
-Installment Payments: Additional payments are made in stages according to the individually agreed payment plan, which may consider milestones or project progress.
2.4. A contract becomes effective only once the agreed advance payment has been received in our account.

Services and Prices
3.1. Our services include, in particular:

Services in Organizational Development:
- Consulting and support for change management processes.
- Development and implementation of strategies for team development, leadership culture, or internal communication.
- Moderation of workshops and training sessions for reflection and goal setting.
- Analysis and optimization of structures, processes, and workflows.

Creation and implementation of customized methods to strengthen organizations in the long term.

Workshops and Space Concepts:

- Planning, execution, and follow-up of workshops, training sessions, or seminars.
- Design of inspiring physical or virtual work and learning spaces.

Rental and Sale of Installations:

- Provision of installations to support organizational development processes or events.
- Sale or rental of pre-designed installations.

Development of Concepts and Content:

- Creation of concepts, e.g., for events, digital platforms, or communication campaigns.
- Design and production of websites, graphics, and other media content.

3.2. Prices:

Our services are tailored to the customer’s specific needs. Prices are outlined in a written offer and may include the following costs:

- Fees for consulting and workshop hours.
- Material costs for concepts, installations, or media productions.
- Travel and accommodation expenses based on actual costs.
- Licensing fees or costs for external services (e.g., GEMA, KSK), potentially with a service surcharge.

3.3. Changes and Additional Services:

- Changes or additions to already agreed services, such as additional workshops or concept adjustments, will be invoiced separately.
- The customer will be informed of any additional costs in advance and must confirm these in writing.

Payment Terms

4.1. Invoices must be paid within 14 days of the invoice date without deductions.
4.2. In the case of late payments, we are entitled to charge default interest in accordance with § 288 BGB and a reminder fee of €5 per reminder.
4.3. Payment is to be made exclusively via bank transfer to the account specified on the invoice.

Delivery and Service Conditions

5.1. Delivery times and service deadlines are agreed upon individually. Customers are required to allow sufficient buffer time for projects involving installations.
5.2. Delays caused by the customer’s failure to meet cooperation obligations are not our responsibility.
5.3. Rented installations and used infrastructures remain our property at all times.
5.4. We accept no liability for damages, delays, or losses during transport by third parties.

Withdrawal and Cancellation

6.1. If the customer cancels an order before or shortly after the project begins, services already rendered (e.g., meetings, concepts, working hours) must be paid for.
6.2. During the project’s duration, the customer remains obligated to pay for services rendered up to that point.
6.3. We reserve the right to cancel workshops or events in cases of:

- Force majeure.
- Insufficient participant numbers (fewer than six people, unless otherwise agreed).
- Illness or unavailability of our staff, if no replacement is possible.
- In such cases, an alternative date will be offered.

Customer Cooperation Obligations

7.1. Drafts and concepts we submit to the customer for review are deemed approved if no changes are requested in writing within seven business days (unless otherwise agreed).
7.2. The customer is responsible for data backup. We are not liable for data loss.
7.3. If the customer fails to meet their cooperation obligations, we are not liable for resulting delays or additional costs.

Usage Rights and Licensed Materials

8.1. The customer receives a time- and location-restricted usage right for the services provided under the project. Usage rights cover only the purposes agreed upon in the project (e.g., a specific exhibition, publication, or event). Any further use requires our written consent and may incur additional costs.
8.2. Sharing work results with third parties is only permitted if these parties are directly involved in the project (e.g., freelancers, artists). These third parties are also obligated to keep the content confidential and not use it for other purposes.
8.3. We reserve the right to charge a 20% service surcharge on third-party licensing fees.
8.4. Reports of unauthorized use of licensed materials must be forwarded to us immediately.

Confidentiality and References

9.1. Participants are obligated not to disclose confidential information or content exchanged during events, workshops, or projects to third parties. This includes personal or company-related data of other participants.
9.2. We reserve the right to use project references (e.g., photos, drafts, results) on our website, social media, or in presentations, unless otherwise agreed in writing.

Liability and Force Majeure

10.1. We are not liable for damages caused by force majeure or unforeseeable events, such as natural disasters, pandemics, government actions, or other uncontrollable circumstances.
10.2. For exhibition objects and installations, we are liable only within the scope of our duty of care. Liability for damages caused by improper use by the customer or third parties is excluded.

Final Provisions

11.1. If any provision of these GTC is invalid, the validity of the remaining provisions remains unaffected. The invalid provision will be replaced by a legally permissible regulation that comes as close as possible to the original economic purpose.
11.2. German law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). The place of jurisdiction is Berlin Charlottenburg.

General Terms and Conditions (GTC)

The Art of Embodying Change GmbH
Kreuzbergstrasse 37-38, 10965 Berlin

Scope of Application

1.1. These General Terms and Conditions (GTC) apply to all contracts between The Art of Embodying Change GmbH (hereinafter referred to as "we" or "us") and our business clients (hereinafter referred to as "customer").
1.2. The GTC exclusively apply to contracts with businesses (§ 14 BGB) and cooperation partners in the B2B sector.
1.3. The GTC apply to all services offered or provided by us, including concepts, consultations, organizational development processes, installations, and events.
1.4. We only recognize any conflicting terms and conditions of the customer if we have expressly agreed to them in writing.

Contract Conclusion
2.1. A contract is formed when the customer confirms our written offer or signs a separate contract document.
2.2. Changes or additions to the contract, such as schedule adjustments, are only valid if agreed upon in writing (email is sufficient).
2.3. For projects with a high production budget or a longer duration, we reserve the right to request advance payments and/or installments. These may be arranged as follows:

-Advance Payment: Up to 50% of the agreed fee is due upon contract conclusion.
-Installment Payments: Additional payments are made in stages according to the individually agreed payment plan, which may consider milestones or project progress.
2.4. A contract becomes effective only once the agreed advance payment has been received in our account.

Services and Prices
3.1. Our services include, in particular:

Services in Organizational Development:
- Consulting and support for change management processes.
- Development and implementation of strategies for team development, leadership culture, or internal communication.
- Moderation of workshops and training sessions for reflection and goal setting.
- Analysis and optimization of structures, processes, and workflows.

Creation and implementation of customized methods to strengthen organizations in the long term.

Workshops and Space Concepts:

- Planning, execution, and follow-up of workshops, training sessions, or seminars.
- Design of inspiring physical or virtual work and learning spaces.

Rental and Sale of Installations:

- Provision of installations to support organizational development processes or events.
- Sale or rental of pre-designed installations.

Development of Concepts and Content:

- Creation of concepts, e.g., for events, digital platforms, or communication campaigns.
- Design and production of websites, graphics, and other media content.

3.2. Prices:

Our services are tailored to the customer’s specific needs. Prices are outlined in a written offer and may include the following costs:

- Fees for consulting and workshop hours.
- Material costs for concepts, installations, or media productions.
- Travel and accommodation expenses based on actual costs.
- Licensing fees or costs for external services (e.g., GEMA, KSK), potentially with a service surcharge.

3.3. Changes and Additional Services:

- Changes or additions to already agreed services, such as additional workshops or concept adjustments, will be invoiced separately.
- The customer will be informed of any additional costs in advance and must confirm these in writing.

Payment Terms

4.1. Invoices must be paid within 14 days of the invoice date without deductions.
4.2. In the case of late payments, we are entitled to charge default interest in accordance with § 288 BGB and a reminder fee of €5 per reminder.
4.3. Payment is to be made exclusively via bank transfer to the account specified on the invoice.

Delivery and Service Conditions

5.1. Delivery times and service deadlines are agreed upon individually. Customers are required to allow sufficient buffer time for projects involving installations.
5.2. Delays caused by the customer’s failure to meet cooperation obligations are not our responsibility.
5.3. Rented installations and used infrastructures remain our property at all times.
5.4. We accept no liability for damages, delays, or losses during transport by third parties.

Withdrawal and Cancellation

6.1. If the customer cancels an order before or shortly after the project begins, services already rendered (e.g., meetings, concepts, working hours) must be paid for.
6.2. During the project’s duration, the customer remains obligated to pay for services rendered up to that point.
6.3. We reserve the right to cancel workshops or events in cases of:

- Force majeure.
- Insufficient participant numbers (fewer than six people, unless otherwise agreed).
- Illness or unavailability of our staff, if no replacement is possible.
- In such cases, an alternative date will be offered.

Customer Cooperation Obligations

7.1. Drafts and concepts we submit to the customer for review are deemed approved if no changes are requested in writing within seven business days (unless otherwise agreed).
7.2. The customer is responsible for data backup. We are not liable for data loss.
7.3. If the customer fails to meet their cooperation obligations, we are not liable for resulting delays or additional costs.

Usage Rights and Licensed Materials

8.1. The customer receives a time- and location-restricted usage right for the services provided under the project. Usage rights cover only the purposes agreed upon in the project (e.g., a specific exhibition, publication, or event). Any further use requires our written consent and may incur additional costs.
8.2. Sharing work results with third parties is only permitted if these parties are directly involved in the project (e.g., freelancers, artists). These third parties are also obligated to keep the content confidential and not use it for other purposes.
8.3. We reserve the right to charge a 20% service surcharge on third-party licensing fees.
8.4. Reports of unauthorized use of licensed materials must be forwarded to us immediately.

Confidentiality and References

9.1. Participants are obligated not to disclose confidential information or content exchanged during events, workshops, or projects to third parties. This includes personal or company-related data of other participants.
9.2. We reserve the right to use project references (e.g., photos, drafts, results) on our website, social media, or in presentations, unless otherwise agreed in writing.

Liability and Force Majeure

10.1. We are not liable for damages caused by force majeure or unforeseeable events, such as natural disasters, pandemics, government actions, or other uncontrollable circumstances.
10.2. For exhibition objects and installations, we are liable only within the scope of our duty of care. Liability for damages caused by improper use by the customer or third parties is excluded.

Final Provisions

11.1. If any provision of these GTC is invalid, the validity of the remaining provisions remains unaffected. The invalid provision will be replaced by a legally permissible regulation that comes as close as possible to the original economic purpose.
11.2. German law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). The place of jurisdiction is Berlin Charlottenburg.