of the Falling Walls Foundation gGmbH, Kochstr. 6-7, 10969 Berlin, for planning and conducting YES workshops

0. Preamble

This is a translation of the German terms and conditions for your convenience. The German version shall take precedence over this translation in terms of legal validity.

 

1. Scope

1.1.     The Falling Walls Foundation gGmbH (hereinafter referred to as “Falling Walls”) is the initiator and rights holder of the Young Entrepreneurs in Science Programme (hereinafter referred to as “YES”). The YES programme includes, among other things, the YES method for teaching content. The YES method enables appropriately trained trainers (hereinafter referred to as YES trainers) to convey content using the YES method, particularly in YES workshops.

1.2.     The services offered by Falling Walls are not aimed at consumers (§ 13 of the German Civil Code), but at colleges, universities, research institutions and other institutions and companies (hereinafter collectively referred to as “YES Partners”) as well as their representatives and employees.

1.3      These Workshop Delivery Terms and Conditions (hereinafter referred to as “WDT”) apply to all declarations of intent, contracts, legal and quasi-legal acts between Falling Walls, the trainers and the YES partners as well as the participants. Terms and conditions that deviate from these shall not apply unless Falling Walls has expressly agreed to their validity in writing. For trainers who have participated in the Falling Walls “Train the Trainer” training programme, the participation and implementation conditions of the “Train the Trainer” training programme shall apply in addition.

 

2. Services provided by Falling Walls and the YES partners; liability

2.1       Falling Walls’ services are designed to facilitate the planning and implementation of YES workshops for YES partners and YES workshop leaders. At the same time, Falling Walls makes sure that the methodological guidelines of the YES programme are respected. Therefore, Falling Walls provides the YES Workshop Tool to YES Partners and YES Workshop Leaders for the purpose of requesting YES Workshops. For this reason, Falling Walls reserves the right to change the format as well as to cancel YES workshops.

2.2       The services provided by Falling Walls do not include the provision of the event rooms or the implementation of the YES workshops on site. This is the sole responsibility of the YES partners and the YES workshop leaders.

2.3       Falling Walls shall not be liable beyond the provision of its owed service for any failure to achieve the objectives pursued with the planning and implementation of the YES workshops.

 

3. User account for YES Workshop Tool

3.1.     YES partners and YES trainers can register in the YES workshop tool using the email addresses we have on file. Registration cannot take place on its own, but requires prior activation by Falling Walls.

3.2.     The YES partner is responsible for protecting its access data. The access data must be kept secret and may not be made accessible to third parties.

 

4. Appointment request

4.1.     YES-Workshop-Tool. Dates for workshops and the module composition are requested by YES partners or YES workshop leaders via the YES workshop tool.

4.2.     Booking request. The request is made by authorised employees of a YES partner or YES trainers who belong to a YES partner.

4.3.      Module composition. The YES partners and YES trainers can combine the YES modules in the workshop tool according to their needs under certain criteria. This does not affect the order of the modules within a workshop. The order of the modules is determined in the follow-up by Falling Walls.

4.4.     Workshop-Moderation. A YES workshop must always be conducted by two trainers. These are usually YES trainers, but can also be externally booked trainers if no YES trainer belongs to the implementing YES partner.

4.5.      Registration period. The booking request should be made at least eight weeks before the scheduled date. Falling Walls will usually confirm the date if the registration period of 8-10 weeks can be met.

4.6.     Binding confirmation of the request. The booking of the appointment is binding as soon as the appointment has been confirmed by Falling Walls via e-mail.

4.7.      YES-Workshop-Lead. As part of the confirmation and workshop preparation, Falling Walls determines which YES trainers will run the YES workshop and which of the trainers will be the workshop leader. This trainer has the main responsibility for the programme and process and is the main contact person for Falling Walls.

 

5. Promotion of the workshop

5.1.      Providing the web flyer. The workshops are advertised as standard via a web flyer for YES partners provided by Falling Walls. This is usually delivered 8 weeks before the workshop starts.

5.2.     Creation of an own web flyer. YES trainers create their own webflyer by default. Alternatively, YES partners can also create their own web flyers. YES partners and trainers can use the YES web flyer template and adapt the content to their workshop. The use of the YES combination logo on the web flyer is mandatory. A guide to flyer creation including the combination logo will be provided by Falling Walls on request. Prior to publication of the web flyer (self-created or with template), approval must be given by Falling Walls.

5.3.     Use of the combination logo. The YES combination logo may not be modified in any way, neither in colour nor in content.

5.5.     Naming of the workshop. Falling Walls sets the name of the workshop as standard – YES partners can add to or extend this in the application for their workshop. Alternatively, YES trainers and YES partners can define the title of their workshop themselves after consultation. This must be approved by Falling Walls.

5.6.     Event on the YES-Website. All YES workshops are mapped on the YES project website and are generally open for registration for PhDs and PostDocs from all over Germany. More on this under point 6.5.

 

6. Participation registration; participant communication

6.1.     Registration form. Participants will be directed to the Falling Walls registration form via the web flyer or the YES website and will also register there. An email address of the participant must be provided. It is not possible to register without registering via the Falling Walls registration form.

6.2.      Registration deadlines. For organisational reasons, registration for face-to-face participation is possible up to five working days before the workshop date, for virtual participation up to three working days before the workshop date.

6.3.     Registration numbers. The minimum number of registrations for online and face-to-face workshops is 15. The maximum number of registrations is 60 for online workshops and 50 for face-to-face workshops. The ideal number of participants for online and face-to-face workshops is 20-25. Falling Walls will regularly inform the YES partner about the status of registrations. For workshops led by YES trainers, these numbers are indicative values.

6.4.      Confirmation of registration. The confirmation of registration is carried out by Falling Walls’ participant management as standard. Participants will receive details of the respective workshop, the zoom links or workshop address by email.

6.5       Participant communication. YES workshop leaders take over participant communication themselves. They will receive templates for participant communication based on the separate guide for YES trainers. The guide also provides instructions for YES trainers on data protection, which is a shared responsibility with Falling Walls.

 

Notice:

For the purpose of running the YES workshops, it may also be necessary to transfer participants’ personal data to the YES partners and the workshop leaders ensure the smooth running of the workshops. This data will be used exclusively for the purpose of organising and conducting the workshops and is thus limited to the minimum necessary. By registering for the workshops, participants agree to the transfer of their personal data to the YES partners and workshop leaders for purposes related to the workshops. Personal data will not be disclosed to unauthorised third parties.

6.6.      Qualification of participants. Registration is generally open to all qualified applicants, regardless of their origin or institutional affiliation. A prerequisite for participation in YES workshops at least the enrollment in a master’s degree program. As a rule, this should not be longer than 5 years ago.

6.7.      Selection of participants. The selection of applicants by Falling Walls or the YES workshop leader will be carried out on a first-come, first-served basis. Applicants from the organising partner institutions may be given preference. A balanced gender ratio should be taken into account in the selection process.

6.8.    Rejection of registrations. There is no entitlement to participate. In particular, Falling Walls reserves the right to reject registrations if the course is already fully booked or if it is not clear from the registration whether the participant possesses academic profile for participation.

6.9.    Free of charge. The YES workshops are free of charge for participants. YES trainers and YES partners are expressly prohibited from charginge a participation fee and/or to offering and/or advertising other paid services as part of the course.

 

7. Catering / Locations

7.1.      Rooms can be provided by the YES partner or alternatively requested via Falling Walls. The standards for conducting workshops include the following basic room equipment.

• Spacious area with space for creative work in four to six small groups.
• Theatre seating for about 25 people in front of the screen.
• Wifi, beamer or appropriate screens
• 1 standing desk for the laptop
• 1 flipchart with paper
• 6 covered movable walls/pinboards with magnets or pins
• Ideally, moderation case (with Post-Its, adhesive dots, adhesive tape)
• Ideally prototyping box with the following contents (as guidance):
  • 3x Post-it small 76x76mm; pack of 6
  • 3x Post-it medium 76x127mm 6 pack
  • 1x Post-it large 203x152mm 4-pack
  • 12x Whiteboard Markers (6x black; 2x each orange, green, blue)
  • 20x Pentel Sign Pen (8x black; 4x each red, green, blue)”.
  • 1x Pkg. with 4 sheets of marker dots medium (coloured)
  • 1x Washi-Tape (various colours) Pkg. with 4 sheets
  • 3x Marking dots medium (coloured)
  • 1x Washi tape / adhesive craft tape (various colours)
  • 1x sheet brown paper 70x100cm
  • 1x painter’s tape
  • 2x pack of coloured straws
  • Pack of double-fibre painters
  • Lego Classic package 10693
  • Lego Classic green
  • Base plate
  • PlayMais Basic Small
  • Play-Doh (80g, various colours) pack of 4

 

7.2.      The premises must comply with the requirements of the applicable Ordinance on Places of Assembly, insofar as these requirements apply to the respective premises

7.3.      Falling Walls provides YES partners with a digital, ready-to-print template for a display or roll-up banner in the download area. YES partners are advised to produce at least one display or roll-up banner in good time, at their own expense, and to place it in a suitable location with-in the workshop room, ensuring that it remains visible to the participants throughout the duration of the workshop.

 

8. Change of workshop format

8.1.     (deleted)

 

9. Cancellation of a workshop

9.1.    Falling Walls is entitled to cancel the workshop at any time. A YES trainer is not authorised to cancel a workshop.

9.2.    Falling Walls will normally cancel the workshop if the minimum number of registrations (see Clause 6.3) has not been reached at least two weeks prior to the scheduled date of the workshop..

9.3.    The trainer is required to inform Falling Walls as well as the other trainer scheduled for a workshop immediately if the trainer is unable to conduct the workshop due to illness. In this case, Falling Walls will decide whether the workshop will be cancelled or held with another YES trainer.

9.4.    Informing the participants. In the event of cancellation, Falling Walls will inform participants accordingly of the cancellation and, at their request, rebook them for another YES workshop.

9.5.    Cancellation fees. As a rule, Falling Walls will not incur any cancellation fees if all deadlines and agreements are met.

10. Workshop follow-up

10.1.   Certificate of Participation. Participants will receive a certificate of participation issued by Falling Walls. For shorter digital formats (less than five hours), no certificates of participation will be issued. Whether a participant has successfully completed the workshop is checked and documented by Falling Walls or the YES workshop leaders according to the following criteria:

• For one-day workshops, attendance must be recorded once in the morning and once in the afternoon; attendance is required for both halves of the day;
• For half-day workshops, attendance must be recorded once per day;
• For multi-day workshops, participants are required to attend at least two-thirds of the total duration.

10.2.   Evaluation. It is of particular importance for Falling Walls that the YES evaluation link is shared with participants at the end of the workshop. This serves to collect data needed to measure the project’s effectiveness. Workshop leaders are obliged to actively encourage participants to complete the evaluaion.

 

11. Travel costs for YES-Trainers

11.1.   Travel costs. At least one YES trainer should be institutionally affiliated with the workshop venue. No travel costs will be covered for this trainer. Falling Walls will cover the travel costs of a YES trainer, who is require to travel, subject to prior arrangement.

11.2.   Receipts. Travel expenses can only be reimbursed by Falling Walls upon presentation of receipts after submission of the original receipts or online tickets within four weeks after the event. The offer to reimburse travel expenses applies to the following expenses:

• Travel within Germany between the trainer’s place of residence and workshop location.
• Second-class train tickets.
• Long-distance bus tickets.
• Public transport tickets.
• Car journeys in accordance with the provisions of Federal Travel Expenses Act.
• Parking fees.

 

12. Liability for contents

12.1.   If the trainer uses content (texts, images, data, etc.) in addition to the official YES materials to conduct the workshop and/or adds supplementary content to the YES materials, the trainer is responsible for ensuring that this content does not infringe the rights of third parties. In the event that third parties assert justified claims against Falling Walls due to this content, the trainer is obliged to indemnify Falling Walls against all related claims. The trainer shall also bear the costs for legal defence. 

 

13. Confidentiality

13.1     Confidential information of Falling Walls is to be kept strictly confidential by the YES partner and the trainers for an indefinite period of time. All content marked as “confidential” or with a comparable reference is considered confidential.

13.2     The concept of the online module kit, which is recognisable from the YES workshop tool, was developed by employees on behalf of Falling Walls, which is why Falling Walls claims rights to it as Falling Walls’ database and know-how. The concept of the online modular kit is deemed “confidential” even without special labelling and may therefore not be copied by the YES partners and YES trainers or adopted in any other way without the consent of Falling Walls.

 

14. Final provisions

14.1.    Should one or more provisions of these WDTs be invalid or unenforceable, the validity of the remaining provisions of these WDTs shall remain unaffected. The invalid or unenforceable provision shall be interpreted or replaced in such a way that they correspond as closely as possible to the intended purpose of the provision concerned, in particular its economic purpose.

14.2.    Falling Walls shall be entitled to amend this WDTs at any time with effect for the future. The version of this WDTs valid at the time of the contract’s conclusion shall apply.

 

15. Choice of law and place of jurisdiction

15.1.   If the participant, trainer or YES partner is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for any disputes arising from the business relationship with Falling Walls is, at the discretion of Falling Walls, either its registered office or the general place of jurisdiction of the participant, trainer or YES partner. However, in these cases, the registered office of Falling Walls shall be the exclusive place of jurisdiction for actions brought against Falling Walls. Mandatory statutory provisions on exclusive places of jurisdiction remain unaffected by this regulation.

15.2.   This contract is subject to German law excluding private international law and the United Nations Convention on Contracts for the International Sale of Goods (CISG).