Terms & Conditions
General Terms and Conditions for the provision of services by The Foley Teacher, Bastian Gerner, Alt Langst 44, 40668 Meerbusch, Germany, Email: hello@the-foley-teacher.com (hereinafter referred to as the "Contractor") to its customers (hereinafter referred to as the "Client").
1. General Provisions
1.1 These General Terms and Conditions (GTC) for the provision of services apply to contracts concluded between the Client and the Contractor incorporating these GTC.
1.2 The Contractor is entitled to subcontract the required services in its own name and at its own expense to subcontractors, who may also engage further subcontractors. The Contractor remains the sole contractual partner of the Client. Subcontractors will not be used if it is evident to the Contractor that their engagement would conflict with the legitimate interests of the Client.
1.3 If, in addition to these GTC, other contractual documents or terms and conditions in text or written form become part of the contract, the provisions of those other documents shall take precedence over these GTC in the event of contradictions.
1.4 The Contractor does not recognize any terms and conditions of the Client that deviate from these GTC unless expressly agreed otherwise.
2. Subject Matter of the Contract and Scope of Services
2.1 As an independent entrepreneur, the Contractor provides education and audio-post-production services to the Client, in particular: membership in the online community "The Foley Guild", self-paced online courses, live cohort courses, 1:1 mentoring and coaching sessions, workshops, and Foley recording and editing services for film, television and games.
2.2 The specific scope of services is subject to individual agreements between the Contractor and the Client.
2.3 The Contractor shall provide the contractual services with the utmost care and diligence, in accordance with the latest standards, rules, and insights.
2.4 The Contractor is obligated to deliver the agreed-upon services. However, in performing these tasks, the Contractor is not subject to instructions regarding how, where, or when the services are to be delivered. The Contractor will independently organize working days and schedules to ensure maximum efficiency in completing the contractual obligations. Service provision is carried out in coordination and consultation with the Client.
3. Obligations of the Client
The Client is responsible for providing complete and accurate information, data, and other content required for service fulfillment. The Contractor is not liable for delays in service provision caused by delayed or incomplete cooperation from the Client. This does not affect the provisions under the section titled "Liability/Indemnification."
4. Remuneration and Payment
4.1 The remuneration is determined by individual contractual agreement.
4.2 Payment is due after the services are rendered. If remuneration is calculated based on time periods, payment is due after each respective period ends (§ 614 BGB). In the case of effort-based billing, the Contractor is entitled to issue monthly invoices for services provided unless otherwise agreed.
4.3 After service provision, the Contractor will issue an invoice to the Client either via post or email (e.g., as a PDF). Payment is due within 14 days after receipt of the invoice.
5. Liability / Indemnification
5.1 The Contractor is liable without limitation for damages arising from intent or gross negligence, for injury to life, body, or health caused by intentional or negligent breaches of duty, for guarantees unless otherwise specified, and for mandatory liability under applicable law.
In the event of a breach of essential contractual obligations caused by negligence, the Contractor's liability is limited to foreseeable, typical damages, unless liability is unlimited as per the previous sentence. Essential contractual obligations are those whose fulfillment is necessary to achieve the purpose of the contract and on which the Client regularly relies.
In all other cases, the Contractor's liability is excluded. These liability provisions also apply to the Contractor's vicarious agents and legal representatives.
5.2 The Client indemnifies the Contractor from any claims by third parties arising from breaches of these contractual terms or applicable law by the Client.
6. Contract Duration and Termination
6.1 The contract duration and notice periods for ordinary termination are individually agreed upon by the parties.
6.2 Both parties retain the right to terminate the contract without notice for cause.
6.3 Upon termination of the contract, the Contractor must return or destroy all documents and content provided by the Client, as requested by the Client. Retention rights are excluded. Electronic data must be fully deleted, except for documents and data subject to longer statutory retention obligations, which must be kept until the end of the retention period. Upon the Client's request, the Contractor shall confirm the deletion in writing.
7. Confidentiality and Data Protection
7.1 The Contractor will treat all information obtained in connection with the contract as strictly confidential. This obligation extends to all employees and third parties with access to the relevant information and remains in effect indefinitely, even beyond the duration of this contract. The promotional use of recordings of group sessions pursuant to Section 8 remains unaffected; confidential and NDA-bound material is always excluded from such use.
7.2 The Contractor agrees to comply with all data protection regulations, particularly the General Data Protection Regulation (GDPR) and the Federal Data Protection Act (BDSG), when executing the contract.
8. Session Recordings, Promotional Use and NDA-Protected Material
8.1 Group sessions offered by the Contractor — in particular live sessions and Q&A sessions within The Foley Guild, cohort course sessions, and group workshops (together "Group Sessions") — are recorded. Recordings are used to build the Contractor's curriculum and course library.
8.2 Promotional use. By booking a service that includes participation in Group Sessions, the Client agrees that recordings of Group Sessions — including the Client's image, voice, screen contributions, name/username, and work shared in the session — may be published, in whole or as excerpts, for promotional purposes on the Contractor's channels, in particular the website the-foley-teacher.com, YouTube, Instagram, LinkedIn, the "Pro Audio Secrets" podcast, and newsletters. This consent is a condition of participation in Group Sessions; Clients who do not wish to appear in published material may participate with camera and microphone switched off and are responsible for not sharing identifying material during recorded sessions.
8.3 Withdrawal. Insofar as the publication of personal data is based on consent (Art. 6 (1) (a) GDPR, §§ 22, 23 KUG), the Client may withdraw this consent at any time with effect for the future by notifying the Contractor in text form. The withdrawal does not affect the lawfulness of publications made before the withdrawal. Content already published will be removed or edited within a reasonable period where technically and reasonably feasible; the Client's further participation in Group Sessions may then be limited to formats without recording exposure (e.g., camera off).
8.4 NDA-protected material. Material that is subject to a non-disclosure agreement or otherwise confidential (in particular unreleased productions, client picture material, and identifiable project data) must never be shared in Group Sessions. Such material may be shared with the Contractor exclusively one-to-one via direct message over a secure channel agreed with the Contractor. NDA-bound work is handled strictly one-to-one, is never stored beyond delivery and review, and is never published, shown, or referenced in Group Sessions, recordings, or promotional material.
8.5 The Contractor will not publish any material of which it is aware that it is confidential or NDA-protected. If the Client inadvertently discloses confidential material in a recorded Group Session, the Client shall notify the Contractor without undue delay; the affected passage will be removed from the recording and will not be published.
9. Final Provisions
9.1 The laws of the Federal Republic of Germany apply, excluding the CISG (United Nations Convention on Contracts for the International Sale of Goods).
9.2 If any provision of these GTC is invalid, the remaining provisions remain unaffected.
9.3 The Client shall assist the Contractor in providing contractual services through appropriate cooperation. This includes providing necessary information and data.
9.4 If the Client is a merchant, a legal entity under public law, or a special fund under public law, or if the Client does not have a general place of jurisdiction in Germany, the Contractor's registered office shall be the exclusive place of jurisdiction for all disputes arising from this contractual relationship.
9.5 The Contractor may amend these GTC for valid reasons (e.g., changes in legal requirements or business strategies) by providing reasonable notice. Clients will be notified at least two weeks before the changes take effect. If the Client does not object within the given period, the changes are considered accepted. In the event of objection, the Contractor may terminate the contract at the time the changes take effect. Notifications of changes will include information about the objection deadline and its consequences.
10. Information on Online Dispute Resolution / Consumer Mediation
The EU Commission provides an online platform for dispute resolution, accessible at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a point of contact for resolving disputes from online purchase or service contracts involving a consumer. The Contractor is neither willing nor obligated to participate in dispute resolution proceedings before a consumer arbitration board under the VSBG (Consumer Dispute Resolution Act).
The Contractor's email address can be found in the heading of these GTC.
11. Refund Policy
11.1 All payments made by the Client to the Contractor are final and non-refundable. This applies regardless of the extent to which the services have been used or whether the Client cancels the agreement before the completion of the service period.
11.2 The Contractor is not obligated to provide refunds for dissatisfaction with the service, changes in the Client's circumstances, or for any other reason, unless otherwise required by law.
11.3 This clause does not affect the Client's statutory rights in the event of defects in the service or the Contractor's failure to fulfill contractual obligations, nor statutory withdrawal rights for consumers where applicable.