Terms of Participation – Masterclass
§1 Scope and provider
(1) These terms of participation apply exclusively to the booking and attendance of paid online masterclasses (hereinafter "Masterclass" or "Event") offered by:
10777 Berlin, Germany
Represented by: Laura Graichen and Rudine Hitz-Emrich
Email: info@matchthrive.com
Phone: +49 172 575 7554
(hereinafter "Provider")
(2) These terms do not apply to other services offered by the Provider, such as workshops, seminars, consulting, or other offerings. Separate agreements may apply to those.
(3) "Participant" means any natural or legal person who books a Masterclass. Where a company books on behalf of an employee, the company is the contracting party; the named employee is authorised to attend.
(4) Any terms and conditions of the Participant that deviate from these terms are not recognised unless the Provider has expressly agreed to them in writing.
(5) Rights granted under these terms that apply only to consumers within the meaning of §13 BGB (German Civil Code) – in particular the right of withdrawal under §5 – do not apply to participants acting as business owners within the meaning of §14 BGB.
§2 Subject matter
(1) The subject matter of the contract is participation in the Masterclass booked by the Participant. Topic, content, date, duration, and price are set out in the event description on the booking page at the time of purchase.
(2) The Masterclass takes place as a live online event. The platform used (currently: Microsoft Teams) and the access details will be sent to the Participant by email after successful payment.
(3) Where indicated on the booking page, the Participant will receive access to supplementary digital content (e.g. recording, templates, working materials) via the learning platform MentorTools after the Masterclass. A registration link and personal login details will be sent by email.
(4) Access to the learning platform is personal and non-transferable. Sharing login details with third parties is prohibited.
(5) The duration of access to the learning platform is as stated on the booking page. Unless stated otherwise, access is available for 4 months from the date of provision.
(6) The following are expressly excluded from the scope of services: individual consulting or coaching services (unless explicitly stated) and technical support for MentorTools beyond the provision of login details.
(7) The Provider reserves the right to substitute a speaker of equivalent qualification in the event of the announced speaker's unavailability, provided this is reasonable for the Participant.
§3 Formation of contract
(1) The presentation of the Masterclass on the booking page does not constitute a binding offer but an invitation to make an offer (invitatio ad offerendum).
(2) The Participant submits a binding offer by completing the booking form and making payment via the payment service provider (currently: Stripe).
(3) The contract is formed upon receipt of the booking confirmation by email. Entering contact details in the booking form without completing payment does not constitute a contract.
(4) The contract language is German. An English version of these terms is provided for information purposes only; in case of doubt, the German version prevails.
§4 Price and payment
(1) The price is as stated on the booking page at the time of purchase. Prices for consumers (§13 BGB) include statutory VAT. Prices for business customers (§14 BGB) are stated net of VAT.
(2) Payment is processed via Stripe and is due immediately upon booking. Other payment methods (e.g. invoice, bank transfer) are not available.
(3) The Participant will receive a payment confirmation from Stripe and a booking confirmation from the Provider by email.
§5 Right of withdrawal
(1) Participants who are consumers within the meaning of §13 BGB have a statutory right of withdrawal. The withdrawal notice is attached as Annex 1.
(2) At the time of booking, the Participant may expressly consent to the Provider beginning performance of the service before the withdrawal period expires. In that case, the right of withdrawal lapses upon full performance of the service (completion of the Masterclass), provided the Provider has informed the Participant of this in advance and the Participant has given explicit consent.
(3) Where the Participant receives access to digital content after the Masterclass, the Participant expressly consents at the time of booking to the Provider making that content available before the withdrawal period expires. The Participant acknowledges that access to the digital content results in the loss of the right of withdrawal in respect of that content (§356(5) BGB).
(4) The right of withdrawal does not apply where the Masterclass has already been completed in full and the Participant has given consent in accordance with paragraph (2).
§6 Participation and technical requirements
(1) Access details will be sent to the Participant by email after successful payment.
(2) The Participant is responsible for ensuring they have the necessary technical requirements:
- A stable internet connection
- A device (computer, tablet, or smartphone) with an up-to-date browser or the required software (currently: Microsoft Teams)
- Working audio output (speakers or headphones)
(3) The Provider accepts no liability for technical disruptions within the Participant's own environment (e.g. insufficient internet connection, missing software, hardware issues).
(4) The access link is personal and non-transferable. Sharing the access link with third parties is strictly prohibited. The Provider reserves the right to claim damages in the event of a breach.
§7 Cancellation and refunds
(1) Cancellation by the Participant:
- More than 14 days before the event date: full refund
- 7 to 14 days before the event date: 50% refund
- Less than 7 days before the event date: no refund
Cancellations must be submitted in writing by email to info@matchthrive.com. The date of receipt by the Provider is decisive.
(2) No-show: If the Participant fails to attend, no refund or substitute date is owed.
(3) Cancellation or rescheduling by the Provider: The Provider reserves the right to cancel or reschedule the Masterclass for good cause (e.g. speaker illness, force majeure, insufficient enrolment). In the event of cancellation, the Participant will receive a full refund. In the event of rescheduling, the Participant may attend the alternative date or request a full refund. Further claims by the Participant are excluded to the extent permitted by law.
(4) The statutory right of withdrawal under §5 is not affected by these cancellation provisions.
§8 Copyright and recording prohibition
(1) All content provided as part of the Masterclass or on the learning platform (presentations, recordings, templates, materials, methods, concepts) is protected by copyright and is owned by the Provider or the respective rights holders.
(2) Content may only be used by the Participant for personal, non-commercial purposes. Reproduction, distribution, publication, or any other commercial use is not permitted without the prior written consent of the Provider.
(3) The Participant undertakes not to share any content from the Masterclass with third parties.
§9 Liability
(1) The Provider is fully liable for damages arising from injury to life, limb, or health, and for damages resulting from intentional or grossly negligent breach of duty.
(2) In cases of simple negligence, the Provider is only liable for breaches of material contractual obligations (cardinal obligations). In such cases, liability is limited to foreseeable, typical contractual damages.
(3) The Provider accepts no liability for the commercial success or specific results that the Participant achieves or intends to achieve through the application of the Masterclass content.
(4) Liability under the German Product Liability Act (Produkthaftungsgesetz) remains unaffected.
§10 Data protection
(1) The Provider processes the Participant's personal data in the context of contract performance. The legal basis is Art. 6(1)(b) GDPR.
(2) In connection with the booking and delivery of the Masterclass, data is transmitted to the following third-party providers:
- Stripe, Inc. (payment processing) – Privacy policy
- HubSpot, Inc. (CRM and email) – Privacy policy
- Microsoft Corporation (event delivery via Microsoft Teams) – Privacy policy
- MentorTools (digital learning content) – Privacy policy
(3) For further information on data processing, please refer to our privacy policy.
§11 Final provisions
(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
(2) Where the Participant is a consumer, the mandatory consumer protection provisions of the country in which the Participant is habitually resident apply, where these are more favourable.
(3) Where the Participant is a merchant, legal entity under public law, or a special fund under public law, the place of jurisdiction is the Provider's registered office. The Provider is also entitled to bring proceedings at the Participant's general place of jurisdiction.
(4) If any provision of these terms is or becomes invalid, the validity of the remaining provisions is not affected.
Annex 1: Right of withdrawal notice
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the date on which the contract is concluded.
To exercise your right of withdrawal, you must inform us by means of a clear written statement (e.g. a letter sent by post or an email):
Email: info@matchthrive.com
Phone: +49 172 575 7554
You may use the withdrawal form provided in Annex 2, though this is not required. To meet the withdrawal deadline, it is sufficient that you send your notice of withdrawal before the period expires.
Consequences of withdrawal
If you withdraw from this contract, we will reimburse all payments we have received from you, without undue delay and no later than fourteen days from the day on which we receive your notice of withdrawal. We will use the same means of payment that you used for the original transaction; you will not be charged any fees for this reimbursement.
If you requested that services begin during the withdrawal period, you must pay a proportionate amount corresponding to the services already provided up to the point at which you notified us of your withdrawal.
Annex 2: Model withdrawal form
If you wish to withdraw from the contract, please complete this form and return it to:
Graichen und Emrich Match & Thrive GbR · Winterfeldtstraße 92 · 10777 Berlin · info@matchthrive.com
(*) Delete as applicable.