Terms & condition

General Terms and Conditions of Participation of the Professional Football School

1. Scope, contractual partner & subject matter

1.1. These General Terms and Conditions (GTC) apply between the customer (hereinafter referred to as “Customer”) and the Football School Professional.

1.2. The Professional Football School provides various types of services depending on the contract. In particular, the Professional Football School provides services in the areas of individual and group football training. Depending on the contract, the services of the Professional Football School take place in the form of recurring (primarily weekly) courses/units or in the form of individual units/courses or so-called (holiday) camps.

1.3. Minors are always represented by their legal representatives when making legal and quasi-legal declarations. However, in accordance with their obligations upon registration, the legal representatives expressly assume full liability for payment obligations of any kind (amounting to the contractual relationship with the persons they legally represent) towards the Professional Football School.

2. Conclusion of contract, contract content, prices and payment conditions

2.1. All offers from the Professional Football School (especially training and holiday camps) are subject to change and merely constitute an invitation from the customer to submit a contractual offer. The contract is concluded upon confirmation of participation by the Professional Football School, which is equivalent to the sending of an invoice for the respective course participation(s).

2.2. The Football School Professional price list valid at the time of registration shall be an integral part of the contract, unless the customer has received a separate offer from Football School Professional.

2.3. Recurring courses will be invoiced to the customer monthly in advance and will be due for payment. The monthly fee will not be reduced due to any cancellations due to vacation and/or public holidays (section 6.2 applies to non-attendance). Individual courses and holiday camps are generally invoiced to the customer in advance and will be due for payment. Invoice amounts are due in full to Fussballschule Professional by the payment date specified in the invoice. The timeliness of payment is determined by the receipt of the amount into the account specified in the invoice. All bank fees associated with the payment (in particular, fees for returned direct debits, etc. for which the customer is responsible) are borne by the customer.

3. Liability of the Professional Football School

3.1. Liability for own negligence (including legal representatives and vicarious agents):

3.1.1. The liability of Fussballschule Professional, including that of its legal representatives and vicarious agents, is limited to intent or gross negligence.

3.1.2 The limitation of liability mentioned under 3.1.1 does not apply

– for liability for damages resulting from injury to life, body or health if these are based on a negligent breach of duty by the Football School Professional or an intentional or negligent breach of duty by a legal representative or vicarious agent of the Football School Professional;

– in the event of negligent breach of essential contractual obligations (cardinal obligations) by the Professional Football School, including its legal representatives or vicarious agents; in this case, compensation is limited to the typically foreseeable damages.

3.1.3. Participation in certain events may require participants to meet certain personal requirements (e.g., age, health status, etc.), which the customer is responsible for fulfilling. Fussballschue Professional will specifically point out the existence of special requirements for specific courses, unless these are already apparent from the nature of the event (e.g., no participation in courses while under the influence of alcohol or drugs; ability to swim, etc.).

3.1.4. Courses and camps are generally conducted in all weather conditions. In the event of weather-related danger to the life and limb of participants (e.g., hurricane-force storms or the unusability of pitches due to weather conditions, etc.) or in other cases of force majeure, the Professional Football School reserves the right to cancel unfeasible services or the entire course. The Professional Football School assumes no liability for non-fulfillment or damages resulting from cancellations due to force majeure.

3.1.5. The Professional Football School reserves the right to cancel courses and holiday camps at any time without compensation due to the failure to reach the required number of participants prior to their start. If the parties cannot agree on a replacement course or camp, the customer will receive a full refund of any course fees already paid. Further claims by the customer, in particular those for damages or reimbursement of wasted expenses (e.g., purchase of equipment or travel costs), are excluded.

3.1.6. The Professional Football School is under no circumstances liable for the arrival and departure of customers to courses and/or holiday camps, or for accommodation during holiday camps, which are always at the customer’s own risk and expense (own travel and self-organization of accommodation by the customer). In particular, the Professional Football School does not assume any services of a travel contract nature, as the Professional Football School exclusively provides training and education/further training services, including within the framework of holiday camps. Outside of the units, courses, or camps, the Professional Football School also assumes no supervisory obligations for customers (especially minors). Within the framework of so-called holiday camps, contractual obligations and/or supervisory obligations exist exclusively during the daily training sessions.

3.2. Liability for third-party negligence in (the brokerage of) third-party services:

To the extent that the services of the Professional Football School are limited to the referral of other companies, the Professional Football School is neither liable for the success of the referral (i.e., the conclusion of a contract between the customer and the referred company) nor for the proper provision of the referred services by the referred company. Instead, it is liable solely for the careful selection of the referred company.
The provisions under 3.1. apply accordingly with regard to the liability of the Professional Football School for the careful selection of the referred company (Section 3.2.1.).
If a company brought in to provide the services or courses is not referred but acts as a subcontractor or vicarious agent of the Professional Football School, the provisions of Section 3.1. apply directly.

4. Duties and obligations of customers; declarations in connection with injuries, illnesses, medical treatments and insurance

4.1. The customer must meet his payment obligations (see, among others, clauses 2.2 and 2.3) within the agreed timeframe.

4.2. During the sessions, courses, and holiday camps, the customer must always follow the general rules of conduct (no drug or alcohol consumption, no vandalism, etc.) as well as the instructions from the Professional Football School. In the event of non-compliance with the rules of conduct and/or instructions, the Professional Football School reserves the right to exclude the customer from the respective course unit or the entire course or camp if the non-compliance disrupts the proper conduct of the unit, course, or camp and the customer is responsible for the non-compliance. In this case, there is no entitlement to a (partial) refund of course fees.

4.3. By concluding the contract or registering for a course, the customer (or their legal representative) confirms that they are healthy and fully capable of participating in physical activity. The customer (or their legal representative) is also obligated to inform the Professional Football School in writing of any health impairments and/or the need for any medication and/or medical treatment.

4.4. Upon conclusion of the contract or course registration, the customer (or their legal representative) warrants that they have proper health and liability insurance. In the event of illness or injury to a customer during the sessions, courses, or camps, the customer (or their legal representative) authorizes the Professional Football School to arrange all necessary steps for their medically necessary care or treatment and/or transport home on behalf of and at the expense of the customer. Should the Professional Football School incur any costs as a result, the customer is obligated to reimburse the Professional Football School. In particular, the legal representative consents to the medical treatment of their minor children in the event of illness or accidents, provided that prior consent cannot be obtained in a timely manner. In emergencies, this consent also applies to surgical interventions, provided that the attending physician deems them necessary and the prior consent of the parents or legal guardians cannot be obtained in a timely manner.

5. Cancellation of individually booked units or courses and holiday camps by the customer

5.1. If the customer terminates or cancels individually booked units, courses, and holiday camps without any breach of duty on the part of the Professional Football School, the customer must generally pay the Professional Football School 100% of the agreed fee, provided the termination/cancellation occurs within the last seven days before the start of the course, unit, or holiday camp. For recurring units or courses, however, Section 6 applies.

5.2. In the cases referred to in paragraph 5.1, the customer is expressly permitted to provide evidence that Fussballschule Professional has not suffered any damage at all or that the damage is significantly less.

5.3. In the cases referred to in paragraph 5.1, Fussballschule Professional reserves the express right to prove and assert higher damages or additional damages beyond the typically incurred damages.

5.4. The notice of termination (cancellation) of the contract must generally be in writing and only becomes effective upon receipt by the contracting party. Failure to comply with the written form requirement is irrelevant if the (terminated) contracting party provides written confirmation of the termination (cancellation).

5.3. The right to termination without notice (extraordinary termination for good cause) remains unaffected by the provisions of sections 5.1 to 5.3 and section 6.

6. Termination of recurring units or courses (continuing obligations)

6.1. Both the Professional Football School and the customer have the right to terminate recurring courses or units with 14 days’ notice effective at the end of the respective month. Termination must generally be in writing and only becomes effective upon receipt by the contracting party. Failure to comply with the written form requirement is irrelevant if the (terminated) contracting party provides written confirmation of the termination.

6.2. Non-participation in or the discontinuation of recurring courses, for whatever reason, shall not be considered termination within the meaning of Section 6.1 and, in particular, shall not release the customer from the obligation to pay the monthly course fees, unless the Professional Football School is responsible for the non-participation or discontinuation.

7. Photo and film rights

By concluding the contract or registering for a course, the customer (or their legal representative) agrees that photos, film recordings or other audiovisual media services may be taken by the Football School Professional or its vicarious agents (e.g. advertising agencies) during the units, courses or camps and that the Football School Professional may publish them without restriction for public relations purposes in all media, in particular on the Internet and social networks (e.g. Facebook, Twitter, Instagram, etc.), even in edited form – without spatial, temporal or content restrictions – and use or distribute them for commercial purposes.

8. Choice of law / Place of jurisdiction / Place of performance

8.1. The legal relationship between the provider and the customer shall be governed exclusively by German law, with the express exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).

8.2. The place of performance for obligations arising from or in connection with this contract is Frankfurt am Main, provided the customer is a merchant, a legal entity under public law, or a special fund under public law. In this case, the exclusive place of jurisdiction for disputes arising from or in connection with this contract is Frankfurt am Main. The same applies if the customer does not have a general place of jurisdiction in Germany.