General terms and conditions

IRRETATION TRAININGS – Theresa Irresberger (hereinafter the "Provider")

Version: 28 August 2025

1. Scope

1.1. These GTC apply to all contracts concluded by the Provider for inhouse trainings, open-enrolment trainings, moderations, project management, consulting and keynotes (collectively, the "Services"), unless otherwise agreed in writing in an individual case.

1.2. Any terms and conditions of the Client/participants that conflict with or deviate from these GTC shall not apply unless their validity is expressly acknowledged in writing by the Provider.

1.3. Mandatory consumer protection provisions remain unaffected. For consumers (B2C), these GTC apply only insofar as they do not conflict with mandatory consumer protection law.

2. Definitions

Inhouse training: Training service conducted exclusively for one Client (company/organisation) at the location requested by the Client or online.

Open-enrolment training ("Open Training"): Training open to individuals or multiple Clients on a fixed date/location or online, with public registration.

Moderation: Structured facilitation of workshops, retreats, events or conferences.

Project management: Assumption of planning, control and coordination tasks for a project defined by the Client (schedule, resources, stakeholders, risk and quality management). No employer function; authority to issue instructions only within the project organisation. Budget and procurement decisions as well as legal representation remain exclusively with the Client.

Keynote: Talk/impulse lecture within a fixed time slot (typically 15–90 minutes) as part of an event.

Client: Contracting party of the Provider (for Open Trainings, "participants" additionally apply).

Investment amount: The net fee stated in the offer for the booked Service plus any already incurred or non-cancellable ancillary costs (e.g., venue/technology/catering rentals, travel/accommodation costs, tickets) incurred in connection with the engagement.

3. Conclusion of Contract

3.1. All offers by the Provider are non-binding unless expressly designated as binding. The contract is concluded by written acceptance (e-mail suffices) of the offer and/or by booking via an online form and the corresponding booking confirmation.

3.2. For Open Trainings, the contract is formed upon receipt of the invoice. Places are allocated in the order of receipt of payment, unless stated otherwise.

3.3. Amendments and additions to the contract require text form. No oral collateral agreements exist.

4. Scope of Services, Cooperation, Venue

4.1. The specific scope of services is set out in the written offer provided by the Provider.

4.2. Duties to cooperate (especially for Inhouse Trainings, Project Management and Moderation): The Client shall provide, in good time, suitable premises (incl. seating, lighting, ventilation), standard presentation equipment (projector/display, audio as needed), a stable internet connection (for online/hybrid formats), and any access/security information. A contact person on site shall be named.

4.3. Change of trainer/speaker: For objective reasons (e.g., illness, prevention), the Provider may deploy an equally qualified person. The performance objective remains unchanged.

4.4. Time adjustments: Reasonable programme/sequence/time adjustments remain reserved, provided the purpose and overall character of the Service are not impaired.

5. Fees, Ancillary Costs, Due Date

5.1. The net fees stated in the offer plus statutory VAT (where applicable) apply.

5.2. Ancillary costs: Travel, accommodation, subsistence and third-party/rental costs (venue, technology, platform licence, etc.)—insofar as not shown as a lump sum—are charged at actual cost at industry-standard rates. Non-cancellable third-party services are borne by the Client.

5.3. Due date:

• Inhouse trainings, Moderations, Keynotes: Payment term 14 days from invoice date; for first-time Clients, an advance payment of up to 50% may be required.

• Project management under contracts for work/services: Partial invoices may be agreed, each payable within 14 days.

• Open Trainings: Participation fees are due no later than 14 days before the date, and in any case prior to the start of the event.

5.4. Default: Statutory default interest applies. Reasonable dunning and collection costs may be charged on.

6. Cancellations and Rebookings by the Client

6.1. General (all Service types): The decisive factor is receipt of the written cancellation notice by the Provider. The following scale applies in relation to the first day of performance:

• > 4 weeks before the performance date: 0% of the Investment amount

• > 2 weeks before the performance date: 50% of the Investment amount

• ≤ 2 weeks before the performance date: 100% of the Investment amount

Already incurred, non-cancellable third-party/ancillary costs (e.g., venue, hotel, ticket costs) are in any case borne by the Client.

6.2. Substitute participants (Open & Inhouse): Naming a substitute participant is free of charge up to 1 business day before the start.

6.3. No-show: Non-attendance is deemed a cancellation ≤ 2 weeks and is charged at 100% of the Investment amount.

6.4. Date change: A Client-requested postponement is deemed a cancellation with simultaneous re-booking; the above deadlines apply.

6.5. Consumer rights: Statutory rescission/withdrawal rights (in particular for distance/online bookings) remain unaffected. See clause 13.

7. Cancellation/Changes by the Provider

7.1. The Provider may cancel or reschedule for important reasons (e.g., illness, force majeure, regulatory requirements, failure to reach a published minimum number of participants).

7.2. In such cases, fees already paid will be fully refunded or—at the Client's choice—credited towards a replacement date. Further claims (e.g., reimbursement of travel or downtime costs) are excluded unless caused by intent or gross negligence of the Provider.

8. IP and Usage Rights; Recordings

8.1. Working/training materials, slides, methods, tools and checklists are protected by copyright. The Client/participant receives a simple, non-transferable licence for internal use. Any disclosure, publication, reproduction or use for third-party trainings requires prior consent.

8.2. Recordings/photos: Audio/video recordings or streaming of the Service are only permitted with prior written consent. The Provider may prohibit recordings where legitimate interests (data protection, copyright) conflict. The Provider's own photo/video recordings for documentation/reference purposes are made only with prior consent of the persons depicted.

9. Confidentiality & Data Protection

9.1. The parties shall keep confidential any non-public information that becomes known to them in the course of providing the Service.

9.2. Personal data are processed solely in accordance with applicable data protection law. Details are set out in the Provider's privacy notice. For inhouse Services (Inhouse Training, Moderation, Project Management, Keynote), the Client remains the controller for its participants'/employees' data.

10. Liability

10.1. The Provider is liable without limitation for intent and gross negligence.

10.2. In cases of slight negligence, the Provider is not liable—except for breaches of essential contractual obligations (cardinal duties). For breaches of essential obligations, liability is limited to the foreseeable, typical damage.

10.3. Liability exclusions that are impermissible under mandatory law (especially vis-à-vis consumers) remain unaffected. To the extent legally permissible, liability for loss of profit, indirect or consequential damages and data loss is excluded.

11. Warranty

11.1. Statutory warranty provisions apply. For entrepreneurs, the warranty period may—where legally permissible—be limited to 12 months from performance. Warranty claims must be asserted with a comprehensible description of defects within a reasonable period.

12. Force Majeure

12.1. Events beyond a party's reasonable control (e.g., natural events, pandemics, strikes, regulatory measures, failure of critical infrastructure) release the affected party from performance for the duration and to the extent of the effects. Payments already made will, upon request, be credited to replacement dates or refunded.

13. Special Provisions for Consumers (B2C)

13.1. Right of withdrawal for off-premises/distance contracts: For service contracts concluded off-premises or at a distance, consumers have a statutory 14-day right of withdrawal. The period begins on conclusion of the contract, provided the Provider has duly supplied the legally required information.

13.2. Exceptions: The right of withdrawal may lapse where services are booked for a specifically determined date/period, or where the service has already been fully performed within the withdrawal period with the consumer's express consent and acknowledgement of the loss of the right of withdrawal. Statutory exceptions otherwise remain unaffected.

13.3. Exercise: Withdrawal must be declared within the period in text form (e.g., e-mail). A model withdrawal form can be found in the annex. Timely dispatch is sufficient to meet the deadline.

13.4. Consequences of withdrawal: In the event of withdrawal, payments are refunded within 14 days from receipt of the withdrawal notice. If performance has begun at the consumer's request, reasonable remuneration may be charged for the portion performed up to withdrawal.

13.5. Jurisdiction/consumer protection: Statutory places of jurisdiction apply to actions against consumers; agreements on jurisdiction to the detriment of consumers do not apply.

14. Subcontractors

14.1. The Provider may engage suitable third parties/subcontractors to render the Service. Responsibility for proper performance remains with the Provider.

15. Governing Law, Jurisdiction, Language

15.1. Austrian law applies, excluding its conflict-of-laws rules and the UN Convention on Contracts for the International Sale of Goods (CISG).

15.2. For entrepreneurs, the court having subject-matter jurisdiction at the Provider's registered seat is agreed as the exclusive place of jurisdiction. For consumers, only the statutory places of jurisdiction apply.

15.3. The contract language is German. Any translations serve solely to facilitate understanding.

16. Final Provisions

16.1. Severability: Should individual provisions be wholly or partially invalid, the validity of the remaining provisions shall not be affected. In place of the invalid provision, a valid provision that most closely reflects the economic purpose shall apply.

16.2. Amendments to the GTC: Amendments to these GTC will be communicated in text form. For ongoing contracts, the GTC incorporated at the time of conclusion apply, unless an amendment is expressly agreed.

16.3. Text form: Legally relevant declarations and notices (e.g., deadlines, cancellations) require text form (e-mail suffices), unless written form is expressly agreed.

17. Service-Specific Supplements

17.1. Inhouse Trainings

Prerequisites: The Client defines objectives and provides premises/technology (see clause 4.2).
Materials: Provided by the Provider or—by agreement—by the Client.
Number of participants: Specified in the offer. Exceeding the limit requires consent and may incur additional costs.

17.2. Open Trainings

Payment: Participation fee payable in advance (see clause 5.3).
Minimum number of participants: Cancellation/rescheduling remains reserved (see clause 7).
Substitution: Free rebooking to a substitute person up to 1 business day before start (see clause 6.2).

17.3. Moderations

Preparation: The Client specifies objectives, agenda, participant group and provides the necessary preliminary information (agenda, documents) no later than 10 business days before the date.

17.4. Keynotes

Stage/technology: The Client provides stage, sound and, where applicable, visual/presentation technology including support. A technical check at least 60 minutes before the appearance must be enabled.

17.5. Project Management

Subject & scope: Content and objectives as per the offer/project mandate (scope, KPIs, milestones, deliverables). RASCI/role clarification to be recorded in writing at the outset.

Authority & responsibility: Operational project steering (planning, coordination, reporting). No employer function; no legal representation without separate power of attorney. Instructions only within the project organisation. The Client's compliance and data-protection requirements must be observed.

Cooperation & resources (Client): Provides project team/contact persons, decision-making bodies, access/tools/licences, relevant data and required approvals (incl. travel). Decisions/feedback shall—unless otherwise agreed—be provided within 5 business days. Delays extend deadlines and may cause additional effort.

Time & remuneration: Billing at the agreed day/hour rate or quota as per the contract for work/services. Travel time and costs pursuant to clause 5.2. Additional services/overtime only with prior approval. Timesheets/status reports are provided regularly (typically monthly).

Changes & risks: Changes to the scope of services (change requests) must be ordered in writing; impacts on schedule/costs are confirmed prior to implementation. Establish a risk and escalation procedure (incl. risk register) at project start.

Acceptance & handover: Partial/final acceptances against written confirmation. Defects must be specified; remedial performance within a reasonable period. At project end, an orderly handover is carried out (documentation, open items, lessons learned).

Liability & success: A service obligation with a duty of care; no guarantee of success. Liability as per clause 10. Risks arising from supplier/third-party services and internal corporate decisions are borne by the Client.

Rights & confidentiality: Project results/documents: simple, non-transferable usage rights pursuant to clause 8; trade secrets pursuant to clause 9. Use of third-party software/licences only with the Client's consent.

Termination: Extraordinary termination for good cause is possible (e.g., material breach, persistent payment default, project standstill > 30 days). Services rendered up to termination and non-cancellable costs are invoiced.