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GENERAL TERMS AND CONDITIONS – PRO PRESENCE® (VERSION 2026)

for services provided by Dr Fred Zimmermann and associated experts acting under the PRO Presence® brand. Contractual partner: Dr Fred Zimmermann

  • 1 Scope of Application
  1. These General Terms and Conditions apply to all training, workshop, lecture, consulting, concept development and coordination services provided by the Contractor to clients (“Client”), unless expressly agreed otherwise in writing.
  2. Any deviating terms and conditions of the Client shall apply only if the Contractor has agreed to their validity in writing. Email shall be sufficient.
  • 2 Subject Matter of the Services
  1. The subject matter is the provision of services. No specific economic or organisational success is owed.
  2. The content, scope and framework of the services are determined by the offer, order confirmation, date confirmation, framework agreement and any annexes.
  3. The Contractor may involve suitable experts in the provision of the services.
  • 3 Conclusion of Contract
  1. Prior to commissioning, a preliminary discussion usually takes place. The Contractor may summarise the key points in writing.
  2. A contract is concluded by written acceptance of the offer. Signature or email confirmation stating “Agreed” shall be sufficient. A contract may also be concluded by entering into a framework agreement followed by a call off in text form.
  • 4 Fees and Payment
  1. The prices agreed in the offer or framework agreement shall apply, plus statutory VAT unless stated otherwise.
  2. Invoices are due for payment without deduction within 14 days from the invoice date, unless agreed otherwise.
  3. In the event of late payment, the statutory provisions shall apply.
  • 5 Project Modules and Invoicing
  1. Services may be agreed as individual project modules. Project modules may include, in particular: project start, needs clarification, analysis, concept development and coordination, pilot preparation, transfer, follow up support, evaluation, quality assurance, project coordination, qualification of internal multipliers, observation, supervision and coaching.
  2. A project module is deemed to have been delivered once the services described in the offer for that module have been carried out, for example by conducting a meeting or handing over the results.
  3. Each project module may be invoiced separately after delivery, irrespective of whether and when further project modules or later delivery dates take place.
  4. If project modules are invoiced together, they will be shown as separate items on the invoice.
  5. In the event of postponement or cancellation of later delivery dates, the fee for project modules already delivered shall remain unaffected.
  • 6 Process Consulting
  1. Process consulting includes project related consulting services for clarification, analysis, structuring, decision support and implementation preparation within client projects.
  2. Process consulting may be agreed as a daily package, half day package or time contingent. The content described in the offer and the agreed scope shall be decisive.
  3. Consulting time includes services in direct contact with the Client as well as project related services outside meetings, in particular analysis, evaluation, concept development, documentation, preparation and follow up work, insofar as these are provided for in the offer.
  4. Unless agreed otherwise, a daily package comprises up to 8 hours and a half day package comprises up to 4 hours.
  • 7 Travel Expenses

For services delivered in person, travel and, where applicable, accommodation costs shall be charged separately unless expressly stated as included in the offer. Billing shall be based on actual costs against proof or, where agreed, as a flat rate.

  • 8 Cooperation by the Client
  1. The Client shall provide all information required for the provision of the services in good time.
  2. For services delivered in person, the Client shall provide suitable rooms and the necessary technical equipment. For online services, the Client shall provide access details and the necessary technical setup.
  3. The Client shall name an organisational contact person and, where possible, a substitute for organisational coordination, including date, room, technical setup and participant group.
  • 9 Rights of Use and Copyright
  1. Documents, concepts, slides, scripts and other materials of the Contractor are protected by copyright.
  2. The Client receives a simple right of use for internal purposes. Any forwarding, reproduction or publication, including excerpts, requires the written consent of the Contractor.
  • 10 Recordings
  1. Image or sound recordings of lectures, workshops or online events by the Client or third parties are not permitted without the prior written consent of the Contractor.
  2. If the Contractor provides a recording or agrees to a recording, rights of use shall be granted exclusively on the basis of a separate written agreement.
  3. Without a separate licence agreement, the commissioned service includes only live delivery. No recording or use of a recording is owed.
  4. Rights of use in recordings arise only after full payment of the agreed licence fee.
  5. The Client shall ensure that all required consents and internal approvals for recordings have been obtained.
  • 11 Confidentiality

Both parties shall treat confidential information that becomes known in the course of the cooperation as confidential and use it only for the performance of the contract.

  • 12 Dates and Confirmation
  1. Dates stated in the offer are planning dates unless expressly designated as fixed dates.
  2. Dates are bindingly fixed only once the Client has confirmed the date in writing. Email confirmation stating “Confirmed” shall be sufficient.
  • 13 Initial Date and Alternative Date
  1. The initial date is the decisive date for all deadlines and fee regulations.
  2. An alternative date serves solely for organisational safeguarding and does not extend any deadlines.
  3. If an alternative date is offered as an option, this option must be either confirmed or released in writing no later than 14 calendar days before the initial date. If no response is received, the Contractor may release the option after expiry of the deadline.
  • 14 Cancellation and Rebooking
  1. Cancellations and rebookings must be made in text form. Email shall be sufficient. Receipt by the Contractor shall be decisive.
  2. The following fees apply to cancellation or rebooking of a fixed initial date:
  • up to 21 calendar days before the initial date: free of charge, once only
    • 20 to 11 days before the initial date: 50% of the fee for the affected date
    • 10 to 6 days before the initial date: 80%
    • from 5 days before the initial date or in the event of no show: 100%
  1. From the second rebooking of the same date onwards, an additional administrative fee of EUR 250 net may be charged per rebooking.
  2. Costs already incurred from third parties, such as non cancellable travel or hotel costs or room rentals, shall be reimbursed in addition.
  • 15 Postponement and Replacement Date
  1. If a fixed initial date is postponed, a replacement date must be bindingly fixed within 4 weeks of notification of the postponement. Text form shall be sufficient.
  2. The replacement date must take place within 90 calendar days after the originally fixed initial date.
  3. If the replacement date falls outside this time window, a blocking and rebooking fee shall apply. This shall amount to EUR 500 net or 20% of the fee for the affected date, whichever amount is higher.
  4. If no binding replacement date is fixed within 4 weeks, the originally fixed initial date shall be deemed cancelled. The provisions of §14 shall apply.
  5. The administrative fee pursuant to §14 para. 3 shall remain unaffected and may apply in addition.
  • 16 Invoicing via Third Parties
  1. Funding and billing arrangements via health insurance funds do not alter the contractual obligations arising from the offer, date confirmation and these General Terms and Conditions.
  2. In the case of measures financed by health insurance funds, cancellation and rebooking costs caused by the initiating company may be invoiced directly to the initiating company if a company confirmation is provided.
  • 17 Liability
  1. The Contractor shall be liable for intent and gross negligence. In the case of simple negligence, the Contractor shall be liable only for breach of material contractual obligations and limited to the typically foreseeable damage.
  2. Liability for indirect damages, such as loss of profit, is excluded to the extent permitted by law.
  3. The Contractor assumes no liability for organisational failures or decisions on the Client’s side, such as rooms, duty rosters or internal approvals.
  • 18 Participant Responsibility
  1. Participation in trainings, workshops or other programmes of the Contractor requires participants to take responsibility for their own physical and psychological resilience.
  2. The services offered serve professional development and organisational development. They do not constitute medical treatment, psychotherapy or clinical diagnosis.
  3. Participants are responsible for checking whether they are fit to take part in the respective exercises or formats. In case of doubt, professional medical advice should be obtained before participation.
  4. The Contractor assumes no liability for health effects arising from participation, unless these are based on intent or gross negligence.
  • 19 Termination

Consulting and training contracts involving recurring services may be terminated by either party with a notice period of 2 months to the end of a quarter, unless agreed otherwise. The right to terminate without notice for good cause remains unaffected.

  • 20 Offer Validity Period

Unless otherwise stated in the offer, the offer shall remain valid for 3 months from the date of the offer.

  • 21 Force Majeure
  1. Neither party shall be liable for delays or non-performance of obligations under this contract where these are due to events beyond the control of the respective party. Such events include, in particular, natural disasters, epidemics or pandemics, war, terrorism, political unrest, strikes, government measures, travel restrictions or significant disruptions to transport or communication infrastructure.
  2. If a service cannot be provided, or can only be provided with significant restrictions, due to such events, the parties shall inform each other without delay and endeavour to agree an appropriate postponement or adjustment of the services.
  3. If performance of the service is impossible or unreasonable for a period exceeding 90 days, either party may terminate the affected part of the contract. Services already rendered shall remain unaffected.
  • 22 Final Provisions
  1. German law shall apply.
  2. The place of jurisdiction, to the extent permitted, shall be Munich.
  3. Should individual provisions be invalid, the validity of the remaining provisions shall remain unaffected.