Terms & Conditions
Maximilian Freiler
Schlachthausgasse 30
1030 Wien
Tel.: +43 676 545 7904
Email: info@mindfulstrength.at
A) Terms & Conditions
1. general
The following General Terms and Conditions shall apply to all legal relationships between Maximilian Freiler and the Customer, unless otherwise agreed in writing or unless otherwise provided for in the Special Provisions (Part B).
Terms and conditions used by the contracting party shall not be agreed or otherwise be the subject of the agreements. The General Terms and Conditions of Maximilian Freiler shall apply in the version valid at the time of conclusion of the contract.
2. offer
Our offers shall be binding for 5 days from receipt and thereafter subject to change.
3. order
In the case of telephone or written orders, these shall be binding for the Customer as soon as Maximilian Freiler has received the order declaration for the service offered.
4 Conclusion of contract
The confirmation of receipt of the order by Maximilian Freiler shall not yet constitute the conclusion of a contract. The contract shall be concluded upon receipt of a confirmation from Maximilian Freiler by the Customer.
5 Payment modalities
Unless otherwise agreed below, fees shall be payable on the due dates specified in the invoice and to the account specified in the invoice.
In the case of bank transfers, all bank charges shall be borne by the customer.
6 Change of event/cancellation of event
The realization of an event depends on a minimum number of participants. Maximilian Freiler therefore reserves the right to make changes to dates or venues. Maximilian Freiler also reserves the right to cancel an event before it begins. Customers will be informed immediately.
If an event has to be canceled, the customer can either take advantage of the alternative date offered or receive a full refund of the purchase price.
Compensation for expenses incurred and other claims against Maximilian Freiler cannot be derived from this.
If an event cannot be held due to force majeure, illness, accident or other circumstances for which Maximilian Freiler is not responsible, the organizer shall be entitled to hold the seminar/workshop on an alternative date to the exclusion of any liability for damages. If, in such a case, the customer is unable to attend the alternative date, the full purchase price shall be refunded.
7. limitations of liability
Maximilian Freiler’s liability shall, to the extent permitted by law, be limited to intent and gross negligence.With the exception of personal injury, the amount of liability shall be limited to the agreed service fee.Liability for indirect damage, consequential damage and loss of profit shall be excluded.Maximilian Freiler bears no responsibility or liability for the content of the lectures. Maximilian Freiler neither guarantees nor owes any success associated with participation in the seminar.
An additional health and liability declaration must be signed for Wim Hof Method workshops and cold training sessions.
8. copyrights / personal rights
The customer accepts the trainer’s copyright to their presentation and works created by them (training documents etc.). Any reproduction and/or distribution of the aforementioned works by the seminar participant requires the prior written consent of the trainer and Maximilian Freiler.
The recording of events by means of image or sound carriers is prohibited.
The customer grants permission for photo, audio and video recordings to be made during all events. This material may be used for marketing and advertising purposes. If the customer expressly does not wish this, he is obliged to declare this in writing before the start of the event, otherwise his consent shall apply.
9. revocation instruction
The following applies to distance selling:
Right of withdrawal
You have the right to withdraw from this contract within fourteen days from the date of conclusion of the contract without giving any reason.To exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or e-mail).You can use a sample withdrawal form for this purpose, but this is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.
You can find the sample withdrawal form at: https://www.ris.bka.gv.at/GeltendeFassung.wxe?Abfrage=Bundesnormen&Gesetzesnummer=20008847
Consequences of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you. Under no circumstances will you be charged any fees for this repayment. If you have requested that the services should commence during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of the services already provided by the time you inform us of the exercise of the right of withdrawal with regard to this contract compared to the total scope of the services provided for in the contract.
10. data storage
The data provided to Maximilian Freiler shall be stored by means of electronic data processing in compliance with the Data Protection Act. The customer agrees that his/her data, namely name, title, address, e-mail, telephone numbers and date of birth, will be stored electronically and that he/she will be informed by e-mail about further events or content from the events in the form of a newsletter until further notice. Maximilian Freiler shall not pass on his/her data to persons and/or companies, either commercially or in any other form, without the express consent of the customer.
11. other conditions
Should individual provisions of these General Terms and Conditions be or become invalid, this shall not affect the validity of the remaining provisions. The parties shall then implement the terms and conditions with an effective replacement provision that comes closest to the purpose of the invalid provision. The Terms and Conditions and their implementation shall be governed exclusively by Austrian law.
The exclusive place of jurisdiction for all claims arising from the contractual relationship is the competent court in Eisenstadt.
B) B) Special provisions for seminars/workshops
1 Basis of the contract
1.1 In the case of written seminar/workshop registrations that are accepted directly by Maximilian Freiler (e.g. registration before, during or after an event), the contract shall come into effect upon acceptance of the registration form. The period for the right of withdrawal shall commence upon acceptance of the registration form.
1.2 Upon receipt of the seminar/workshop registration, the participant shall receive a confirmation of registration and invoice.
1.3 All amendments and/or additions to the contents of the contract shall require written confirmation by Maximilian Freiler in order to be effective.
2. services of the organizer, seminar and workshop contents and necessary changes, liability
2.1 Maximilian Freiler shall enable the Customer to participate in the seminar/workshop booked by the Customer. All information on the venue and course of the event shall be provided to the participant in good time before the start of the seminar.
2.2 Unless otherwise agreed, travel, accommodation and meals shall not be included in the seminar price and shall be borne by each participant.
2.3 The trainers are free in the design of their presentation and are responsible for the content of the seminar presentation.
2.4 Maximilian Freiler shall be entitled to make any changes to the seminar programs that it deems necessary or appropriate. This shall apply in particular to the provision of a substitute speaker in the event of the absence of an announced trainer/speaker, as well as the associated change to the date and location of the seminar.
2.5 In the case of Wim Hof courses and other workshops, the customer undertakes to follow the trainer’s instructions 100%. This is a matter of personal safety. The trainers reserve the right to exclude a participant from the course as soon as the trainer sees a risk to the customer’s health and the customer is sure not to follow the instructions.
2.6 When booking a breathing and/or cold workshop through a third party, the conditions of the respective organizer apply.
2.7 A health information sheet must be signed for EVERY breathing and cold workshop. Without this, you are not entitled to participate.
The health requirements for participation in a breathing and cold workshop can be found at: www.maxfreiler.com
3. payment of the seminar price / securing the service
3.1 After receipt of the registration confirmation and invoice, the full seminar fee is due within 7 calendar days.
3.2 If the registration period is less than 2 weeks before the start of the seminar, the total amount is due immediately after invoicing.
3.3. Der Seminarpreis ist jedenfalls vor Durchführung des Seminars zu bezahlen, widrigenfalls eine Teilnahme am Seminar/Workshop nicht möglich ist. Fällige Seminarbeiträge werden von uns nur einmal außergerichtlich eingemahnt. Bei nicht (fristgerecht) geleisteter Zahlung wird die Angelegenheit unserem Rechtsanwalt zur weiteren Betreibung übergeben, wodurch weitere Kosten anfallen und vom Teilnehmer zu tragen sind.
3.4. Bei Zahlung über Innerfire gelten die Bedingungen von https://www.wimhofmethod.com/
Auszug aus den Bedingungen von Innerfire:
Wenn der Kunde bis zu 7 Tage vor der Veranstaltung absagt, muss dieser 50% des Betrags bezahlen. Voraussetzung, dass er 50% zurückerhält, ist eine schriftliche Kommunikation.
Bei Stornierung durch den Kunden innerhalb von 7 Tagen vor der Veranstaltung gibt es keine Refundierung.
4. Stornierung der Teilnahme
4.1 The registration confirmed by Maximilian Freiler is binding for the seminar/workshop participant and obliges the participant to pay the seminar price.
4.2 Cancellation must be made in writing (by contact form, email or letter). The participant will then be refunded a portion of the seminar fee. The proportion that is refunded depends on the time of receipt of the written cancellation.
Cancellation up to 4 weeks before the start: 50% refund less €100 processing fee
Cancellation up to 2 weeks before the start: 25% refund less €100 processing fee
Cancellation from 2 weeks before the start or no-show: 0%.
Any costs incurred as a result of canceling accommodation or travel must be borne by the participant.
If a participant cancels the workshop early or arrives late, there is no entitlement to a (partial) refund of the fee.
4.3 If a participant is unable to attend the booked workshop due to illness, death, accident or other circumstances, he/she shall not be entitled to a refund of the workshop fee paid. Maximilian Freiler shall be free to rebook the participant to another seminar free of charge as a gesture of goodwill and upon presentation of appropriate proof. The declaration must be made in writing.
4.4 Changes to bookings are only possible with the consent of Maximilian Freiler and only if the full seminar participation fee has been paid up to 4 weeks before the start of the seminar. There is no entitlement to this. A fee of € 36 will be charged for each rebooking.
4.5 When booking and thus canceling via Innerfire, the conditions of https://www.wimhofmethod.com/ apply.
Extract from the conditions of Innerfire:
If the customer cancels up to 7 days before the event, the customer must pay 50% of the amount. Written communication is a prerequisite for receiving a 50% refund.
If the customer cancels within 7 days before the event, there will be no refund.
Status 16.05.2024
5. minimum number of participants
The workshop will only take place with a minimum of 5 participants. If this minimum number of participants is not reached, Maximilian Freiler is entitled to cancel the workshop.
6. addition due to COVID-19 laws:
6.1 The current government measures must be observed.
6.2 If a workshop/seminar cannot take place due to the current regulations at that time, it is possible to switch to an alternative date. The seminar fee cannot be refunded.
7. data protection:
see data protection
8 Warranty rights:
We are liable for material defects in accordance with the applicable statutory provisions.
9. miscellaneous:
Product and price changes, printing or calculation errors and errors in words and images are reserved in the published print catalog.
All rights to the texts, photos, drawings and graphic design used are held by Maximilian Freiler. Any reproduction or other use other than for personal use is not permitted without our express consent.
Our offer is aimed at end consumers. Therefore, we only accept orders in normal household quantities.
10 Complaints:
If you have any complaints or problems, please do not hesitate to contact us at any time:
The European Commission provides a platform for online dispute resolution (OS), which you can find at http://ec.europa.eu/consumers/odr/. We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.
11. place of jurisdiction
The place of jurisdiction is Vienna