GENERAL TERMS AND CONDITIONS

​ General Terms and Conditions EPI 230914

 GeneralTermsConditions EPI 230914

1. Scope of Application

These terms and conditions are part of all contracts for participation in events, training courses, seminars, workshops, certificate courses, e-learning offerings, and similar services of the Erich Pommer Institute gGmbH (hereinafter referred to as EPI) with the participants (hereinafter referred to as TN) or the booking person.

They also apply to the European workshop series ESSENTIAL LEGAL FRAMEWORK and the programmes AUDIOVISUAL WOMEN and SERIES' WOMEN.

Side agreements, changes or additions must be made in writing. Speakers are not authorised to amend the course and contract conditions or to make commitments.

For the ordering of publications on the website of the Erich Pommer Institute gGmbH, sections 4, 9, 10, 11, 13-16 apply accordingly.

Any potential invalidity of individual provisions does not affect the validity of the General Terms and Conditions as such and the underlying contracts. An invalid provision shall be replaced by the provision that the parties presumably intended, which is legally permissible in accordance with § 306 (2) of the German Civil Code.

By placing an order/application, the contracting party agrees to the validity of these General Terms and Conditions.

2. Participation

a. Events without an application process

Participation in the events of the EPI is generally open to everyone. The allocation of the limited seminar places usually takes place according to the date of registration. Exceptions to this are events that are preceded by an application process. 

When registering for the events of the ESSENTIAL LEGAL FRAMEWORK programme, participants from the MEDIA programme member states are given priority.

b. Events with an application process

In the allocation of participant places for events with an application process, the EPI may decide, in consultation with the respective event partner, based on the suitability of the applicant, who may participate.

i.Classes in cooperation with the Film University

When applying for the winter class Serial Writing & Producing, Beyond Stereotypes or Virtual Production Lab, participants are selected by the Film University and EPI.

ii.Women’s leadership programmes EQUALead and sparkx

Participation in the women’s leadership programmesparkxis through a registration process.

The EQUALead programme has an application process. In the application for EQUALead, participants are selected by the EPI. In the selection of participants forEQUALeadpreference is given to companies that send two employees (“tandems”) from middle to upper management into the programme. Care is taken to ensure a balanced participation of the various media and cultural sub-sectors. It is also possible to participate without a tandem partner. In this case, the participant contribution remains the same as for the sending of two people. The EQUALead programme is primarily aimed at small and medium-sized media and cultural companies in Berlin and in the so-called more developed regions of the old federal states according to the EU NUTS classification. Large companies can also apply. Preference is given to SMEs.

iii.AUDIOVISUAL WOMEN and SERIES' WOMEN

In the application for the international Female Leadership Programmes, female participants from the MEDIA programme member states are given priority. The participants commit to naming another person from the company/work environment who will participate in the HR module of the programmes, if possible.

iv.Certificate courses and Workshop Production Accounting

In the application for the certificate courses in Film Production Management and Assistant Directing, participants are selected by the EPI according to the specified requirements.

For the Workshop Production Accounting, participants are selected by the EPI in consultation with the cooperation partners.

c. Exclusion from events

The EPI reserves the right to exclude participants from attending events, particularly if they violate their obligations under Clause 9 or have not paid the seminar fees on time.

3. Registration

a. Registration for events (in-person and online) without an application process

Registration for offers without an application process takes place on the website www.epi.media. By clicking the button "Book Now" on the page of the desired programme and entering the personal data of the participants as well as the booking person, and subsequently confirming by pressing the button "Book Now with payment obligation", the registration is considered legally binding.

By registering, you grant your freely revocable consent for your data to be processed and stored electronically. The EPI reserves the right to make the names and contact details of the participants and the speakers of an event accessible, unless consent has been expressly revoked in writing. The same applies to the transfer of the names and contact details of participants from funded events to the respective funding institutions. Further information on the collection, processing, and storage of personal data can be found in ourdata protection regulationsavailable for viewing.

b. Registration for in-person events (in-person or online) with an application process

Applications for events with a preceding application process must be submitted via an application form by the specified application deadline. After the application deadline has passed, there is no entitlement to consideration of the application.

The allocation of the limited participant places is carried out in accordance with section 2; there is no entitlement to a participant place.

The offer of a participant place by the EPI is made via email. In the case of EQUALead, with an attached acceptance declaration. The offer of a participant place is subject to a response deadline, after which the entitlement to admission expires.

The acceptance of the participant place by the participants via email or post is binding and obliges the participants to pay the participant fee. The invoice issued by the EPI and sent by email serves as a booking confirmation.

c. Registration E-Learning/E-Training

Registration for the E-Learning offerings is processed through the contractual partnerCoursiohandled,whose terms and conditionswill become part of the EPI's terms and conditions. By placing an order, the participants agree to this.

Each participant receives a personal password-protected access from Coursio. The use of the E-Learning software is limited to this participant personally, to three devices, and to a specified period. This is determined by the respective offering.

Sharing access data with third parties is not permitted. In case of misuse, the EPI is entitled to block access and reserves the right to assert claims for damages.

The participants are responsible for ensuring that they have the technical requirements for access to the E-Learning offering, particularly regarding the hardware and operating system software used. The EPI will inform the participants about the browser to be used upon request.

4. Conclusion of contract, costs & payment

The legally binding contract is concluded for events without an application process by clicking the button "Book now with payment obligation" by the booking person and the sending of the booking confirmation via email by the EPI. After the booking has been made, the bookers will receive a booking confirmation and invoice via email. An invoice by post will only be sent upon explicit request.

For events with a preceding application process, the contract is concluded by the timely acceptance of the offered participant place by the applicants via email or post.

The seminar fees are per person and event.

They are due upon receipt of the booking confirmation/invoice, without the need for a further payment request.

Payment can be made optionally through the following payment methods:

- Prepayment by bank transfer

- Payment by credit card

- Payment by PayPal

- Payment by PayPal Express

- Payment by instant transfer

If you choose the payment method of prepayment, you will receive our bank details with the booking confirmation. The invoice amount must be paid into the specified account within 14 days; for events up toat the latest 14 daysbefore the start of the event (receipt of payment). If the invoice is not paid on the day of the event, the EPI reserves the right to exclude you from the event.

Bei Zahlung per Kreditkarte erfolgt die Belastung Ihres Kreditkartenkontos mit dem Eingang Ihres Auftrages. Die Abrechnung der Webseite via Kreditkarte erfolgt durch: Stripe Payments Europe, Limited, eine irische Gesellschaft mit beschränkter Haftung

In cases of short-term registrations at the event location, the contract is concluded with the signature of the participants and the consent of the EPI staff.

The dispatch of a purchased publication takes place after receipt of payment to the specified account of the EPI, optionally by post or email. Shipping costs are included in the price.

5. Implementation

An event only takes place if a cost-covering number of participants is reached. If this is not achieved, the EPI has the right to cancel the event and, if necessary, postpone it to a later date. The reimbursement of replacement and follow-up costs for participants due to cancellation or rescheduling of events is excluded, unless the EPI is at fault for intent or gross negligence.

6. Programme changes, cancellation and postponement of seminars

The EPI reserves the right to provide an adequate replacement in the event of the speaker's inability to attend, to postpone the event, or to cancel it entirely. Participants will be informed of this immediately. The reimbursement of replacement and follow-up costs for participants due to cancellation or rescheduling of events is excluded, unless the EPI is at fault for intent or gross negligence.

In the event of cancellation of the event by the EPI, any seminar fees already paid by participants will be refunded in full.

In the event of a postponement of the date, participants have the right to withdraw from the registration by written notification to the EPI (via email, fax, or letter) within one week of the announcement of the date. If they do not exercise this right, their silence will be considered a binding registration for the seminar on the new date, without the need for a new confirmation from the EPI.

Content modifications to the curriculum by the EPI do not entitle participants to withdraw. This also applies to the e-learning offerings. The EPI is entitled to change, restrict, or exchange the content of the courses, as well as to appropriately modify modules regarding their content, particularly to reduce or expand them.

7. Right of Withdrawal for Consumers

The person making the booking, provided they are a consumer within the meaning of § 13 BGB, has the right to withdraw the booking within 14 days of receiving the registration confirmation by means of a clear declaration sent by post, fax, or email, free of charge and without justification. To meet the deadline, it is sufficient to send the withdrawal in good time to the following address:

Erich Pommer Institut gGmbH
Marlene-Dietrich-Allee 12a
D-14482 Potsdam-Babelsberg
Tel: +49 (0)331-76 99 15 01
Fax: +49 (0)331-76 99 15 90
E-Mail: mail@epi.media

In the event of a valid cancellation, the services received by both parties must be returned and any benefits derived (e.g. interest) must be surrendered. If a booking is cancelled, all payments received by the EPI from the booking person, including delivery costs, will be refunded immediately and no later than 30 days from the day on which the notification of the cancellation of this contract was received by the EPI. For this refund, the EPI will use the same payment method that was used for the original transaction, unless expressly agreed otherwise; in no case will fees be charged for this refund.

The right of withdrawal expires prematurely if the contract is fulfilled by both parties at the express request of the booking person before the right of withdrawal has been exercised. If a service begins during the withdrawal period, the booking person must pay the EPI a reasonable amount corresponding to the proportion of services already provided up to the exercise of the right of withdrawal in relation to the total scope of services provided for in the contract.

There is no consumer status and thus no right of withdrawal if participation in the event can be predominantly attributed to the commercial or self-employed professional activity of the participant.

8. Cancellation of further education offers

The cancellation of booked and confirmed registrations is generally only possible in writing (by email, fax or letter). Telephone cancellations are invalid.

Depending on the training format, there are different cancellation deadlines (see 8 a-d). The date of receipt of the cancellation by the EPI is decisive. If cancelled before the deadline, the already paid participant fees will be fully refunded. After the deadline, free cancellation is no longer possible.

a.  Cancellation of half-/full-day seminars

Cancellations of half-/full-day compact seminars (online and in-person) for national and international training are possible free of charge up to eight working days before the event day.

After this deadline, the participant fees are fully due. The same applies if registration occurs less than eight working days before the event date and also in the case of non-participation. Participants are granted the right to nominate a substitute participant at no additional cost. In this case, the details must be communicated to the EPI immediately.

b. Cancellation of multi-day training events (without application process)

Free cancellation is possible up to three weeks before the event. After that, 100% of the seminar fees are due.

Participants are granted the right to name a substitute participant at no additional cost.

c.  Cancellation of multi-day training events (with application process)

After a binding acceptance of the offered participant place by the applicant (via email or post), the applicant is obliged to pay the participant fee. A free withdrawal from the acceptance is only possible until the expiration of the following deadlines:

i. Series Women and Audiovisual Women as well as classes in cooperation with the Film University Babelsberg KONRAD WOLF

Free cancellation of the confirmed participation is possible up to four weeks before the event. In the case of a later cancellation or non-attendance without prior notice, the participant fees will be due in full. Participants are granted the right to name a substitute participant without additional costs, who requires approval from the EPI. The EPI may not refuse approval, provided the substitute is suitable for participation.

ii. Certificate courses in Film Production Management, Assistant Directing, and Continuing Education in Production Accounting, as well as Women Leadership programmes EQUALead and sparkx

Free cancellation of the confirmed participation is possible up to 2 weeks before the event. In the case of a later cancellation or non-attendance without prior notice, the participant fees will be due in full. Participants are granted the right to name a substitute participant without additional costs, who requires approval from the EPI. The EPI may not refuse approval, provided the substitute is suitable for participation.

d. Cancellation of the media.think.tank congress

Cancellation of registration for the media.think.tank congress is possible up to 10 working days before the event day. In this case, a processing fee of €10.00 will be charged for each registration.

After this deadline, the participant fees will be due in full. The same applies if registration occurs less than 10 working days before the event date and also in the case of non-attendance. Participants are granted the right to provide a substitute participant without additional costs. In this case, the details must be communicated to the EPI no later than 48 hours before the start of the congress.

9. Duties of the participants

The participants commit to respectful conduct and adherence to the house rules in the rooms rented by the EPI. They agree to treat the premises with care and to refrain from smoking unless expressly permitted. If technical equipment is provided by the EPI, the participants are only authorised to use it for the purpose of the event. Any copying, installing, modifying, downloading or uploading of software and other data is strictly prohibited for the participants.

10. Copyrights, Usage Rights and Work Results

a. Lecture Materials/Handouts

The materials provided are protected by copyright. The reproduction, distribution, commercial or other use of the materials is only permitted with the express prior written consent of the EPI.

Any commercial exploitation of work results created by or with the involvement of the participants in the context of a training event requires the prior written consent of all involved parties, regardless of whether they are copyrighted works or contain such works. The EPI is not liable for any legal infringement by the participants.

The evaluating parties commit to informing the EPI about significant development stages of the project. This applies, for example, but is not limited to, the start of filming, festival participations, foreign sales, and cinema release.

The EPI may use promotional material for the project (film stills, posters, excerpts from the film) in digital and physical form in consultation with the evaluating parties for its own advertising purposes, both digitally and analogously.

The evaluating parties commit to appropriately referencing the respective initiating programme and the Erich Pommer Institute during the evaluation.

b. E-Learning/E-Training

All provided content is protected by copyright.

The rights established thereby, particularly the storage and distribution – even in excerpts – are reserved for the EPI. The participants receive no ownership or exploitation rights to the provided content.

Participants receive a simple, limited right to participate in the ordered E-Learning offering for the duration of the usage contract, which is non-transferable to third parties.

The right to participate during the contract period includes access to the E-Learning offering subject to the contract as well as the right to retrieve learning content for personal learning purposes.

The retrieved documents may only be used for the personal use of the ordering party during the usage period. Any commercial distribution of the content or documents is prohibited.

The use of the E-Learning course licence is limited to a period of 3 months from the start of the contract, unless a different duration is specified in the service description.

c. Publications

All publications are protected by copyright.

The reproduction, distribution, commercial or other use of the publications in their entirety or in excerpts is only permitted with the express prior written consent of the EPI.

11. Certificate of Participation

Certificates of participation will be issued upon request.

For the programme ANNUAL UPDATE MEDIA AND COPYRIGHT, qualified certificates are issued that contain the content, training time, and speakers of the seminar and meet the formal requirements of § 15 FAO.

The EPI cannot accept any liability for the fact that the training is recognised by each bar association due to the differing practices of individual bar associations.

12. Liability

The EPI accepts no liability for the timeliness, accuracy, and completeness regarding the materials used and the execution of the event.

The EPI is liable for personal or material damages only in cases of intentional or grossly negligent violation of contractual obligations.

Regarding the e-learning offering, the EPI is responsible for the suitability for contractual use. An insignificant limitation of suitability is disregarded. The EPI will rectify defects within a reasonable period.

Participants are themselves liable for damages caused by their own fault.

13. Default

In the event of payment default by the booking person, a fee of €3 will be charged for each out-of-court written reminder to cover postage and shipping costs. During the default, participation in further events of the EPI is excluded.

14. Newsletter Subscription

By registering for the EPI newsletter, the registrants agree that the Erich Pommer Institute may store, process, and use personal data to send free information about seminar offerings and events by post and/or email. Only the provision of an email address is required to order the newsletter. If address details are provided and the option 'Postal delivery of programme offerings' is selected, consent is also granted for the postal delivery of programme announcements.

This consent can be revoked in full or in part at any time in the user account or at:

Erich Pommer Institut gGmbH
Marlene-Dietrich-Allee 12a
D-14482 Potsdam-Babelsberg
Tel: +49 (0)331-76 99 15 01
Fax: +49 (0)331-76 99 15 90
E-Mail: mail@epi.media

15. Jurisdiction and Place of Performance

German law applies. The jurisdiction and place of performance is Potsdam.

Status: 14.09.2023