Terms of Service
General terms and conditions (AGB version) for Liebscher & Bracht Ausbildungen GmbH
Please read our general terms and conditions of business listed below carefully. If you have any further questions, please do not hesitate to contact us.
Liebscher & Bracht Ausbildungen GmbH
61348 Bad Homburg
All services provided by Liebscher & Bracht Ausbildungen GmbH (“L&B”), contracts with customers or participants (hereinafter “participants”), including the initiation of business within the framework of L&B training, are based on these General Terms and Conditions of Business (“GTC”). Any other terms and conditions of the customer are only valid if they have been confirmed in writing. Oral promises and subsidiary agreements require written confirmation. By registering, the participant declares that he/she has taken note of and fully accepts these General Terms and Conditions.
Deviating terms and conditions of the customer and the participant are not recognised unless L&B expressly agrees to their validity in writing.
L&B is entitled to make changes to the GTC and other conditions with effect for the future. L&B will only make these changes for valid reasons, in particular due to new technical developments, extensions of services, changes in laws or jurisdiction or other equivalent reasons. If the contractual balance between the participant and L&B is significantly disturbed by the change, the change will not be made. Otherwise changes require the participant’s consent. The participant agrees to be informed of changes to the General Terms and Conditions when logging on to the respective platform or by e-mail to the e-mail address last provided by the participant. They shall be deemed to have been approved unless the participant objects in writing or in text form (e.g. by e-mail or fax) within 8 weeks of receipt (“objection period”). L&B will point this out separately in the notification of change. If the participant does not object to the amended General Terms and Conditions within the objection period or if the participant continues to use the services despite receipt of the notification of change, the amended or supplementary General Terms and Conditions shall become effective for the participant.
If the participant objects within the objection period, he is entitled to terminate this contract as is L&B. Any service fees paid in advance over the termination period will be refunded proportionately. In the notification of the changes L&B will make special reference to the possibility of objection and termination, the deadline and the legal consequences, in particular with regard to an omitted objection.
Registration and payment agreement
The registration of the participant is binding. A training contract is concluded when the participant submits a registration form and a confirmation in text form. The training contract also comes into effect by filling out the online form provided on the Liebscher & Bracht Ausbildungen GmbH website and sending it off, as well as confirmation in text form. Before sending the online registration, the participant can change and view the data at any time. However, the offer can only be submitted and transmitted if the participant has accepted these contractual conditions by clicking the “Register” button and thereby included them in his or her offer. The confirmation will be made immediately, as far as feasible in the ordinary course of business. L&B stores the data provided by the customer with the respective registration date in a database. This data is not accessible to the customer. Reference is made to the corresponding data protection declaration. Furthermore, the invoice for the training fee will be sent to the customer with a payment deadline of 10 days. The prerequisite for eligibility to participate is that the payment has been received by L&B before the training begins.
The training services correspond to the advertised contents. L&B reserves the right to change or adjust insignificant services at short notice.
Since only a limited number of participants are admitted to the L&B training courses, the entire training fee remains payable even if the participant does not participate. A rebooking to an alternative date is free of charge until 4 weeks before the actual date, after that it is possible for a flat rate of 250 €. The original participant may nominate a substitute participant at any time before the start of the training.
In case of cancellation of an event or a course through no fault of the participant (especially illness of the training instructor, accident/breakdown with the car, delay of the train etc.) the claim to the full participation fee remains valid. However, L&B will make every effort to make up for the cancelled event within a reasonable period of time. In this case L&B is entitled to have the course held by other lecturers if necessary or to change the course/training times. For your information: In the last 10 years, no training has been cancelled for one of the reasons just mentioned.
Knowledge transfer and copyright
The knowledge conveyed in the L&B training may only be used for treatment/application for therapeutic purposes. Any other transfer to third parties, in whatever form, is not permitted. An exception are those documents which L&B has handed over to the participants for passing on to patients. All documents handed over enjoy copyright protection and the trademarks Liebscher-Bracht, Liebscher & Bracht and LNB, LNB Motion, LNB Painless and LNB Health (individually and collectively “trademarks”), trademark and labelling protection. Irrespective of the existence of copyright protection, the passing on, reproduction, distribution and/or making available to the public of the documents (also in extracts) as well as the use of the marks is also contractually prohibited without the written consent of L&B. Video or audio recordings during L&B training courses are prohibited. In order to ensure the best possible quality, the name Liebscher & Bracht as well as its marks may only be used by participants in the training partner program and only in the spelling, shapes and sizes specified by L&B.
In the Liebscher & Bracht pain therapy training course, participants learn various techniques, such as osteopressure, fascial roll massage or Liebscher & Bracht exercises (bottleneck stretching). Different therapeutic professions such as physiotherapists, doctors, alternative practitioners, but also masseurs, personal trainers, sports scientists or psychotherapists can learn the techniques that suit their particular profession. How the knowledge and techniques learned are applied by the participants in training depends on the different needs and professional legal framework. Each training graduate uses the techniques taught by Liebscher & Bracht on his or her own responsibility, within the framework of his or her professional profile and professional law, and always observes the applicable rules and regulations. The participant releases Liebscher & Bracht from any liability.
In the event of failure of an L&B training course due to force majeure, there is no entitlement to execution. In this respect, the aforementioned applies; the date will be made up as soon as possible on a date notified by L&B. L&B is only liable for breach of contractual and non-contractual obligations, in particular for impossibility, delay, culpa in contrahendo and tortious acts – also for its employees and vicarious agents – in cases of intent and gross negligence, limited to the typical contractual damage foreseeable at the time of conclusion of the contract. These limitations do not apply in the case of culpable violation of essential contractual obligations (cardinal obligations), in the absence of warranted characteristics, in cases of mandatory liability under the Product Liability Act or in the case of injury to body, life or health.
In the case of active participation in the training courses, the course participants are obliged to report physical complaints and restrictions so that no injury to body, life, freedom or health is in question. The participant commits himself to take an active part in the treatment of physical restrictions. As far as the physical restrictions have not been disclosed, liability is completely excluded.
L&B is entitled to terminate the participation contract with immediate effect and/or to exclude the participant if the participant violates § 5, does not follow an order or instruction of the lecturer or violates the house rules of the seminar rooms. The termination or exclusion has no effect on the obligation to pay the training fee. The right to assert further claims, in particular claims for damages, is reserved.
Customer base, choice of law, place of jurisdiction
The range of services is directed exclusively at entrepreneurs within the meaning of § 14 BGB. The law of the Federal Republic of Germany applies. Place of jurisdiction is Frankfurt am Main, Germany, as far as legally permissible. General Terms and Conditions of Liebscher & Bracht Ausbildungen GmbH, Kaiser-Friedrich-Promenade 111, 61348 Bad Homburg for the performance of L&B Ausbildungen
Right of withdrawal
Insofar as the purpose of the ordered delivery and service cannot be attributed to the commercial or self-employed professional activity of the customer, i.e. in the event that the customer is only a consumer without reference to his commercial or self-employed activity, a right of revocation exists. The contractual declaration can be revoked in writing (e.g. letter, fax or e-mail) within two weeks without stating reasons. The period begins with the receipt of this instruction, but not before the conclusion of the contract and not before we have fulfilled our information obligations according to article 246 § 2 in conjunction with § 1 para. 1 and 2 EGBGB as well as our obligations according to § 312 g para. 1 sentence 1 BGB in conjunction with article 246 § 3 EGBGB. The revocation period is deemed to have been observed if the revocation is sent off in good time before expiry of the period. However, the revocation is and becomes effective only if it is received properly and in due time. The revocation is to be addressed to Liebscher & Bracht Ausbildungen GmbH, Kaiser-Friedrich-Promenade 111, 61348 Bad Homburg v. d. H.
Consequences of revocation
In the event of an effective revocation, the services received by both parties are to be returned and, if applicable, any benefits obtained are to be reimbursed or surrendered. Any payments received in respect of this contract shall be repaid immediately, at the latest 14 days from the day on which we receive notification of the revocation of the contract. No fees will be charged for the repayment. If the performance received cannot be returned in whole or in part or only in a deteriorated condition, compensation for lost value shall be claimed. If the contract is cancelled within the 14-day period, but so late that the course or further training has already been completed and used in full, the compensation for lost value shall be equivalent to the agreed remuneration for this course/further training.
Data protection information for online registration
The data protection information can be found at https://www.liebscher-bracht.com/en/privacy-policy/