GENERAL TERMS AND CONDITIONS FOR THE 2010 EDUCATION PROGRAMME OFFERED BY THE ENTERTAINMENT MASTER CLASS:

1.    TERMINOLOGY

In the following provisions of the General Terms and Conditions, words and expressions with initial letters capitalised are defined terms. Such defined terms shall, where the context requires, have the defined meaning and any reference to the singular shall include the plural and vice versa.
In the following provisions of the General Terms and Conditions, “and” means all possibilities, “or” means any or all possibilities in any combination, and “either (...) or” means only one possibility; “including” means including without limitation; “must”, “shall” or “will” means a party has the obligation to act or refrain from acting; “may” means a party has the right but not the obligation to act or refrain from acting.
The headings to the clauses are inserted for convenience only and do not constitute a part of the General Terms and Conditions.

2.    PROGRAMME OVERVIEW

The Entertainment Master Class (hereinafter referred to as the “EMC”) is a limited liability company operating as a not-for-profit organisation dedicated to education for executives in the entertainment television industry. The EMC is formed and registered as a so called “gemeinnützige Gesellschaft mit beschränkter Haftung” (gGmbH) governed by the laws of the Federal Republic of Germany. The EMC offers an executive education programme (hereinafter referred to as the “Programme”) designed for professionals who work in the entertainment television industry. The curriculum is built around the professional experience of practitioners. Topics include: creative development, creative collaboration, pitching skills, casting decisions, production management, multiplatform production, broadcast scheduling, format distribution, legal compliance, rights management, format protection, business strategy, participative leadership, organisational design and company culture. The Programme and all the courses in it are held in English. The 2010 Programme includes twenty (20) days of instruction and is divided into four (4) separate modules, each five (5) days long. The four (4) modules of the 2010 Programme are titled as follows:

o    Module 1: “Games and Game Shows”
o    Module 2: “Reality, Documentary and Factual Entertainment”
o    Module 3: “Sitcom and Comedy”
o    Module 4: “Entertainment Management”

3.    APPLICATION REQUIREMENTS

In order to apply for participation in the Programme, candidates must submit their application to the EMC by personal delivery, by courier, by mail, by facsimile or by electronic mail. Applications must include: (i) a curriculum vitae (CV) summarising the candidate’s work experience, and (ii) a duly completed and signed registration form. By submitting their application, including the signed registration form, to the EMC, applicants agree to be bound by the General Terms and Conditions as set forth herein.
Such application must be received no later than the publicised application deadlines. If the application has not been received on time to meet the publicised application deadlines, the application may be declared ineligible by ruling of the EMC.
The information provided in the application will be electronically processed and stored.
Applicants warrant that all information provided in their application is true and correct. If any information is found incorrect, the application may be declared ineligible by ruling of the EMC.

4.    SELECTION PROCESS

All eligible applications received will undergo a selection process and will be presented to a selection committee, comprised of members appointed by the EMC. The selection committee will review each eligible application. Selection will be based on a candidate’s professional achievements and career objectives. The selection committee will be looking for candidates who have demonstrated a commitment to a career in the entertainment industry, have a proven track record and the support of their peers, and are able to set and achieve their own goals.
No more than forty (40) candidates will be accepted to participate in the 2010 Programme, by ruling of the EMC, in its sole discretion.
Applicants acknowledge that all rulings of the EMC in all matters relating to the selection process shall be binding and final.
All applicants that have been accepted to participate in the Programme (hereinafter referred to as the “Participants”) will be notified in writing by the EMC (hereinafter referred to as the “Acceptance Notice”).

5.    PARTICIPATION CONTRACT

Once the Participant receives such Acceptance Notice from the EMC and returns a letter of confirmation to the EMC, the agreement to participate in the Programme shall be concluded and this agreement shall constitute a binding contract between the Participant and the EMC (hereinafter referred to as the “Participation Contract”).
The provisions of the General Terms and Conditions, as set forth herein, shall apply to any Participation Contract with each Participant in all matters relating to the Programme. Such Participation Contract supersedes all previous written or oral negotiations, understandings or representations between the parties, if any. Each party expressly waives any right to rely on such negotiations, understandings or representations, if any. All subsidiary agreements, amendments or supplements must be in writing.
Trainers, mentors and guest speakers (hereinafter collectively referred to as “Lecturers”) are not entitled in any way to amend the terms and conditions of any Participation Contract or to issue any assurances.

6.    PARTICIPATION FEE

The participation fee for the complete 2010 Programme, covering the participation in all four (4) modules (Module 1, 2, 3 and 4) of the Programme, including hotel accommodation and full board, is EUR 13,500 (in words: thirteen thousand and five hundred Euros) for each Participant (hereinafter referred to as the “Participation Fee”). Unless otherwise indicated, this Participation Fee covers the costs for all didactic material. The Participation Fee does not cover any travel costs. Travel costs are to be borne by the Participant.
Subject to timely payment of the Participation Fee in accordance with the payment terms set forth herein, the Participant shall be entitled to participate in the Programme.
The Participant agrees to pay the Participation Fee when due irrespective of whether or not the Participant actually attends all offered courses in each module of the Programme.

7.    PAYMENT TERMS

The balance of the total Participation Fee shall be payable in two (2) instalments as follows: Fifty per cent (50%) of the Participation Fee is payable on conclusion of the Participation Contract, and the remaining fifty per cent (50%) of the Participation Fee two (2) weeks before the commencement of the first module of the Programme.
The EMC will invoice the Participant for the amounts payable to the EMC. All payments due to the EMC shall be made in EUR (Euros) upon receipt of such invoice within ten (10) days from the receipt of the invoice by bank transfer to the EMC’s bank account. There shall be no deductions from any payments due to the EMC because of any bank charges, conversion costs, value added taxes, or any other taxes, levies or charges.
Any payment not made within thirty (30) days of its due date shall, at the EMC’s discretion, bear interest at fifteen per cent (15%) per year but in no event greater than the maximum permitted by applicable law, such interest to accrue from the due date until paid.
Any modifications or amendments to the payment terms set forth herein shall be invalid unless agreed upon separately and in writing.
If payments due to the EMC have not been received by the EMC by the due date, the EMC shall have the right to terminate the Participation Contract by giving written notice of such termination to the Participant, such termination to have immediate effect.

8.    CANCELLATION FEE

Applications may be cancelled at no cost before the conclusion of the Participation Contract.
If Participants cancel the booking of their participation in the 2010 Programme after the conclusion of their Participation Contract but prior to the commencement of the first module of the Programme, a cancellation fee will be charged to the Participant at the rate of twenty five per cent (25%) of the total Participation Fee. If Participants cancel the booking of their participation in the 2010 Programme after the commencement of the first module but prior to the commencement of the second module of the Programme, a cancellation fee will be charged to the Participant at the rate of fifty per cent (50%) of the total Participation Fee. If Participants cancel the booking of their participation in the 2010 Programme after the commencement of the second module but prior to the commencement of the third module of the Programme, a cancellation fee will be charged to the Participant at the rate of seventy five per cent (75%) of the total Participation Fee. If Participants cancel the booking of their participation in the 2010 Programme after the commencement of the third module of the Programme, a cancellation fee will be charged to the Participant at the rate of one hundred per cent (100%) of the total Participation Fee.

9.    PROGRAMME SCHEDULE

The four (4) modules of the 2010 Programme and the courses in it are tentatively scheduled. Because Lecturers are working industry professionals, the curriculum and the schedule are subject to change due to unforeseen film and television projects that may arise. The EMC reserves the right to change the curriculum and the schedule due to unforeseen events. The Participants will be immediately informed of any such change.
No such change in the curriculum or schedule of the Programme, whether occurring before or after conclusion of the Participation Contract, will allow the Participant to withdraw from the Participation Contract or terminate the Participation Contract or alter the terms of the Participation Contract.

10.    RULES OF THE HOUSE

The Participants shall follow the instructions given by the EMC and its representatives in all matters relating to the rules of the house. The Participants shall handle all provided equipment and material and the facilities and premises with due care.

11.    DIDACTIC MATERIAL

All didactic material is protected by copyright. Didactic material is provided to the Participants solely for the purposes of education, but not for the purposes of any commercial exploitation. Any use beyond education needs is not permitted. Participants shall not duplicate, distribute, exhibit, transmit or otherwise exploit such didactic material without the prior written consent of the EMC.

12.    LIABILITY

The EMC accepts no liability for the correctness and completeness of any didactic material provided to the Participants or any presentation given by any of the Lecturers during the Programme.
The EMC is liable for injuries or damages only in the case of wilful or grossly negligent violation of its contractual obligations.

13.    UNFORESEEN EVENTS

If the 2010 Programme is interrupted, delayed, cancelled or cannot be administered or completed as planned due to unforeseen events beyond the reasonable control of the EMC, the EMC reserves the right, at its sole discretion, to relocate, reschedule or terminate the Programme and the rendition of its services.
If termination for such reasons occurs prior to the commencement of the first module of the 2010 Programme, the EMC shall refund or credit to the Participant the Participation Fee which may have been paid to the EMC as of that time. If termination for such reasons occurs thereafter, the Participant shall be entitled to a credit or refund equal to a proportionate share of the total Participation Fee, taking into account the number of modules theretofore delivered by the EMC to the Participants: If only one (1) of the four (4) modules of the Programme has been delivered prior to such termination, seventy five per cent (75%) of the total Participation Fee shall be refunded or credited to the Participant. If only two (2) of the four (4) modules of the Programme have been delivered prior to such termination, fifty per cent (50%) of the total Participation Fee shall be refunded or credited to the Participant. If only three (3) of the four (4) modules of the Programme have been delivered prior to such termination, twenty five per cent (25%) of the total Participation Fee shall be refunded or credited to the Participant.

14.    CERTIFICATE

Each Participant will receive a written certificate issued by the EMC to certify which modules and courses of the Programme the Participant has attended. Attendance at no less than three (3) of the four (4) modules of the Programme is required in order to graduate.

15.    SEVERABILITY

If any of the provisions herein is held to be invalid, illegal or unenforceable, the remaining provisions shall remain in full force and effect. Such invalidity, illegality or unenforceability of any of the provisions herein shall not affect the validity of the General Terms and Conditions as such and the Participation Contract based thereon. Any invalid, illegal or unenforceable provision shall be replaced by such valid, legal and enforceable provision as most closely reflects the intent and purpose of the original provision.

16.    JURISDICTION AND GOVERNING LAW

The courts present in the city of Potsdam in Germany shall, insofar as permitted by law, have exclusive jurisdiction over any dispute arising out of or in relation to any of the provisions herein.
Any and all of provisions herein shall be governed by the laws of the Federal Republic of Germany.


Last update: 1st December 2009