AGB

General Terms and Conditions for an Online Course

The contract for an online course is concluded on the terms and conditions stated on the e-learning platform (hereinafter “Platform”) between the Kung Fu Schule Martin Sewer (hereinafter School) and the contractual partner (hereinafter “Student”).

The content of the contract is the service described for the respective course. The duration of the contract is the duration specified for the respective course on the platform (course period).

The course costs are those indicated on the platform at the respective time of the conclusion of the contract.

The contract for an online course is concluded upon full payment of the course costs. The payment methods provided from the platform (e.g. Pay Pal) are to be used for the payment. Once paid, course costs are non-refundable, cannot be offset elsewhere and are owed for the respective online course. The course contract is considered an unconditional, unilateral acknowledgement of debt for the course fees as well as the one-time fees.

The student acquires, as far as no other service is promised in the respective course description on the platform, the possibility to use an online course. If the student does not use the services of the online course, the course costs will not be refunded in full or in part. This also applies if a student is unable to use the course through fault or no fault of his/her own (e.g. illness, accident, etc.).

The school is responsible for the provision of the service according to the course description on the platform. The school expressly disclaims any liability for non-provision or incomplete provision of the service described on the platform in connection with transmission errors, line interruptions, technical defects, overloads, interruptions (e.g. system-related maintenance work), malfunctions, interference as well as illegal interventions (e.g. hacking and wilful acts). The contract for an online course shall not apply in the event of technical interruptions, overload, interruptions (e.g. system-related maintenance work, malfunctions, interference, as well as illegal interventions (e.g. hacking) and wilful blocking of telecommunications equipment and networks (e.g. “mail bombing”, attacks to paralyze services, etc.) or in connection with other inadequacies on the part of the telecommunications equipment and network operators.

The contract for an online course ends at the end of the course period. Unless otherwise stated in the respective course description on the platform, the contract is not automatically renewed, but can be booked again afterwards.

The contract can be terminated by the school at any time without notice for good cause. Important reasons are, for example, violations of the code of conduct, non-payment of course fees or violations of the law by a student. If a student is under investigation for criminal violations or if legal proceedings are initiated against a student, the school must be notified immediately.

An online course may be suspended by the school for a period of time determined by the school. During the period of interruption, the course period will be suspended and will begin to run again when the school resumes the course. The school will make every effort to keep any interruptions as short as possible and to ensure that there are no gaps in an online course.

All personal data collected from students will be stored for administrative purposes and will be deleted upon termination of the contract after the legal retention periods have expired. The student can access his or her personal data at any time. They will be disclosed to third parties only to the extent necessary for administrative purposes.

By signing the course contract, the student agrees that photos, clips or videos sent by him/her to the school may be used for the following purposes: Public relations of the schools, print publications such as press releases, flyers or other promotional material, publication on the homepage of the schools and on social media channels, e.g. Facebook. The student transfers to the school free of charge, exclusively and without restriction all rights to the recordings (in particular rights of use, editing and copyright) arising in the course of the filming. The school may use these rights without restriction and grant them to third parties. This also applies to the use in accompanying publications. In order to protect the persons depicted, all photos and videos are generally published without mentioning their names. In the case of publication on the Internet, the recordings may be accessible worldwide and can be stored and modified locally by any person. Despite all technical precautions, it cannot be ruled out that such persons may continue to use the photos and/or videos or pass them on to other persons. The school takes individual wishes into account as far as possible.

By entering into a course contract, the student accepts these General Terms and Conditions for an Online Course, the School’s Code of Conduct (viewable at www.shaolin.ch/kodex), the Technical Regulations, which specifically govern the examination requirements (viewable at https://shaolin.ch/pruefungsprogramm and www.youtube.com/kfsms playlist “Examination Program”) and the following principles:

The goal of Shaolin Hung Gar Kung Fu is to improve health, increase self-confidence, better control the body, and create a general sense of well-being. Only secondarily comes the fighting aspect. The student is trained in Shaolin Hung Gar Kung Fu. At the same time, knowledge of the history and philosophy of Shaolin Hung Gar Kung Fu is imparted. The student commits himself to use learned techniques only in case of emergency outside the school. He declares that he has no criminal record and that if he is investigated, he will inform the school immediately. The student agrees not to pass on what he/she has learned.
The School shall, at its discretion, inform the student of regional, national and international courses, examinations and competitions, and shall, at its discretion, enroll applicants at their request or notify them of enrollment opportunities.
Students are expected to practice regularly and to be sportsmanlike, to behave properly in school, and to be obedient to instructors.
Students and instructors are responsible for their own insurance coverage. The school is not liable for accidents that occur during the practice of the course content, before or after at venues. The student is liable for any damage caused by him/her.

If any provision of this contract or contents of an enclosure of this contract integrated in the contract is or becomes invalid, the validity of the rest of the contract shall not be affected. The contracting parties shall replace the invalid provision with a valid provision that comes as close as possible to the intended economic purpose of the invalid provision and to the originally agreed contractual balance. The same applies to any gaps in the contract.

The General Terms and Conditions for an Online Course as well as the respective specific course conditions are subject to Swiss law excluding the conflict of laws. The exclusive place of jurisdiction is Zurich. All legal relationships between the school and the customer are subject to Swiss substantive law.