EMC Application Rules 2019
GENERAL RULES FOR PARTICIPATION IN THE 2019 ENTERTAINMENT MASTER CLASS PROGRAMME
In the following provisions, 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, “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.
2. THE EMC
The ENTERTAINMENT MASTER CLASS (the “EMC”) is a limited liability company operating as a not-for-profit organisation dedicated to peer-to-peer education in the entertainment 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.
3. MASTER CLASS PROGRAMME
Each year, the EMC organises a collaborative peer-to-peer executive education programme (the “Master Class Programme”), consisting of a series of residential master class workshops (each a “Master Class”, together the “Master Classes”), designed for creators, executives and entrepreneurs who work in the entertainment industry. The following three Master Classes are scheduled to take place in 2019:
- EMC # 1: THE SHOWRUNNER MASTER CLASS
- EMC # 2: THE FORMAT MASTER CLASS
- EMC # 3: THE ENTERTAINMENT MANAGEMENT MASTER CLASS
Each of the said Master Classes consists of (3) workshop days. They can be taken on their own, or together as a series. All the courses are held in English.
4. APPLICATION REQUIREMENTS
In order to apply for participation, 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 application form. By submitting their application to the EMC, applicants agree to accept the EMC’s Application Rules as set forth herein.
Applications must be received no later than the publicised application deadlines. The EMC cannot guarantee that late applications will be processed.
Applicants warrant that all information provided in their application is true and correct. The information they have provided to the EMC will be electronically processed and stored in the EMC’s database.
5. ADMISSION PROCEDURE
The Master Class Programme is selective, accepting no more than 30 participants for each Master Class. Each application is subject to acceptance by the EMC. All applications received will be presented to the EMC’s admissions committee, comprised of members from the EMC’s faculty. Admission will be based on a candidate’s professional achievements. Applicants acknowledge that all rulings of the EMC in all matters relating to the admission procedure shall be binding and final.
All applicants that have been accepted to participate (each a “Participant”, together the “Participants”) will be notified in writing by the EMC (the “Acceptance Notice”).
6. PARTICIPATION AGREEMENT
Once the Participant receives this Acceptance Notice from the EMC and returns a notice of confirmation to the EMC, the agreement to participate in the Master Class Programme is concluded (the “Participation Agreement”). This Participation Agreement supersedes all previous written or oral negotiations, understandings or representations between the parties, if any.
7. PARTICIPATION FEE
The agreed participation fee is payable on conclusion of this Participation Agreement. The EMC will invoice this participation fee accordingly. Full payment is due upon the receipt of this invoice. Payment must be made in EUR (Euros) by bank transfer to the EMC’s bank account. There shall be no deductions from any payment 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 one (1) month of its due date shall, at the EMC’s discretion, bear interest at ten per cent (10%) per year but in no event greater than the maximum permitted by applicable law, such interest to accrue from the due date until paid.
If the participation fee due to the EMC has not been received by the EMC by the due date, the EMC shall have the right to (i) terminate the Participation Agreement by giving written notice of such termination, such termination to have immediate effect, (ii) withhold its services, and (iii) suspend debtors from attending the Master Class Programme.
8. CANCELLATION POLICY
Cancellations must be sent in writing and received by the EMC.
Applications may be cancelled at no cost before the conclusion of the Participation Agreement.
If Participants cancel the booking of their participation in the Master Class Programme after the conclusion of their Participation Agreement but prior to the commencement of the Master Class they have booked to attend, Participants will receive a refund of their participation fee paid to the EMC as of that time, if any, subject to a cancellation fee equivalent to ten per cent (10%) of the total amount of their participation fee.
Participants acknowledge that, if they cancel the booking of their participation after the commencement of the Master Class they have booked to attend, or if they fail to attend the offered courses, the full amount of their participation fee nevertheless remains payable to the EMC.
9. PROGRAMME SCHEDULE
The Master Class Programme and the courses in it are tentatively scheduled. It may be necessary for reasons beyond the control of the EMC to alter the line-up of speakers, the curriculum and the schedule due to unforeseen events. However, every effort will be made to adhere to the published syllabus.
10. COURSE MATERIAL
All course material is protected by copyright. Course 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. It is not permitted to exploit the course material or any part hereof without the prior written consent of the EMC.
11. UNFORESEEN EVENTS
If the Master Class Programme or any of its Master Classes is interrupted, delayed 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 cancel the Master Class Programme or any of its Master Classes, as the case may be. Should the EMC elect to cancel the Master Class Programme or any of its Master Classes, as the case may, for such reasons, Participants will be notified, and their participation fee paid to the EMC as of that time for any such cancelled Master Class will be refunded or credited in full. However, the EMC cannot be held liable for any other expenses or consequential losses arising from such a cancellation.
Participants will receive a written certificate issued by the EMC to certify which Master Classes they have attended. Attendance of no less than three (3) Master Classes is required in order to receive the EMC’s Master Class Certificate.
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 Application Rules as such and the Participation Agreement 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.
The courts present in the city of Berlin 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.
15. GOVERNING LAW
Any and all of the provisions herein shall be governed by the laws of the Federal Republic of Germany.
© EMC: April 2019
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