terms & conditions.
Website Terms & Conditions
1. General provisions
1.1. The following Terms and Conditions apply to all contracts concluded between Lara Sophie Bothur, Eppendorfer Landstraße 107, 20251 Hamburg, Germany (hereinafter ‘Provider’), telephone: +49 163 6023876, e-mail: contact@larasophiebothur.com and her clients (hereinafter ‘Client’).
1.2. The Provider shall only recognise any terms and conditions of a Client that deviate from these Terms and Conditions if the Provider has agreed to these terms and conditions in writing. This shall also apply if the Provider executes a Client's order without reservation in the knowledge of conflicting or deviating terms and conditions.
2. Conclusion of the contract and subject matter of the contract
2.1. Unless the nature of individual services dictates otherwise, the Provider shall conclude a service contract (within the meaning of §§ 611 et seq. German Civil Code (BGB) with the Client for the provision of individual services. All services and deliverables under this Agreement are specified in the respective offer (hereinafter “Services”). No specific outcome or commercial success is owed; only the agreed Services are rendered. Services may include, but are not limited to:
- Speaking engagements, moderation
- Conducting of communication workshops
- Consulting services on social media strategy and marketing topics
- LinkedIn influencer postings and campaigns
- Brand ambassador or testimonial roles
2.2. The Provider's offers are subject to change and non-binding unless they are expressly marked as binding. The contract offer is only made when the Client places an order, which can also be done by electronic data transmission. The contract offer is only considered accepted when the Provider has confirmed the order by issuing an invoice or by separate declaration by e-mail.
3. Performance of the Services
3.1. No exclusivity is granted unless expressly agreed in writing. If agreed, exclusivity must be clearly defined in terms of industry, scope, product and duration.
3.2. Unless not otherwise agreed between the Parties in writing, the Provider is free to choose the content and (artistic) form of her performance of the Services.
3.3. The Provider shall determine her place of work, working hours and the manner in which she performs her work independently at her own discretion. If agreed in individual cases, the Provider's personal presence at the Client's premises is required, the Provider shall be available for this purpose. The dates for this shall be agreed between the Provider and the Client.
4. Event related Services
Insofar as the Provider is obliged to render event related Services or to personally perform on a specific date (including, but not limited to speaking engagements, moderation, conducting of workshops), the following shall apply:
4.1. If the event or the performance of the Provider is cancelled in whole or in part by the Client or organiser and neither Party is responsible for the cancellation, in particular in cases of force majeure, both Parties shall be released from their respective performance obligations. Force majeure includes, in particular, strikes, traffic disruptions, acts of war, terrorist threats, power failures, natural disasters and the occurrence of an epidemic/pandemic at the event venue or location. An official ban on the event or performance for reasons of infection control shall be deemed equivalent to a cancellation, as shall infection control requirements that are so stringent and/or imposed at such short notice that proper performance of the Services can no longer be guaranteed. Claims for damages or reimbursement of expenses shall be excluded in this case.
4.2. If the event or the performance of the Provider is cancelled by the Client or organiser for reasons beyond the Provider’s control, and if none of the cases specified in paragraph 5.2 apply, the Provider shall nevertheless receive the cancellation fees according to paragraph 4.1.
4.3. In the event of unforeseeable illness of the Provider, she shall be obliged to submit a medical certificate at the request of the Client. In this case, the Parties shall agree on an alternative date for the performance of the Services. If no substitute date can be agreed, all advance payments shall be refunded. No further liability shall arise from such non-performance.
4.4. The Client shall provide the Provider with the documents applicable and necessary for the Provider’s performance of the Services (schedule, stage instructions, technical information, if applicable) in text form no later than six (6) weeks before the date of the event. These documents shall become an integral part of this Agreement in text form after approval by the Provider.
4.5. On the day of the event, the Client shall provide the Provider with a dressing room at the venue that is suitable for the local conditions and equipped with the minimum facilities customary in the industry. Adequate on-site care (transport, meals, event logistics) must be ensured by the Client.
5. Deliverables
Insofar as the Provider is obliged to deliver specific deliverables (including, but not limited to LinkedIn influencer postings and campaigns), the following shall apply:
5.1. The framework conditions (e.g. content, scope, duration, timing, frequency, distribution, product mentions) of the deliverable are included in the confirmed order. Unless expressly agreed otherwise therein, the Provider is free to determine the specific design of the deliverable.
5.2. The Provider shall send the deliverables to the Client electronically in good time before publication or the time of first use.
5.3. Deliverables must be accepted by the Client before publication or first use. Acceptance shall be deemed to have been granted if the Client does not reject them by electronic notification to the Provider within two (2) working days of receipt.
6. Fees; Terms of payment
6.1. Unless otherwise agreed between the Parties in writing: 30 % of the Provider’s fees for Services (including any outlays; together hereinafter “Fees”) is due upon contract confirmation (i.e. advance payment), and 70 % after completion of the respective Service. In case of monthly retainer fees, monthly invoicing on the 15th of each calendar month is agreed.
6.2. All Fees (including advance payments) are payable and due no later than ten (10) days after receipt of the respective invoice. If any advanced payment is not received on time, the Provider is entitled to withdraw from the contract.
6.3. All Fees quoted are exclusive of statutory value added tax and invoiced in EUR. If invoicing is agreed in USD, the EUR equivalent applies (based on ECB reference rate at the invoice date). The Client is not entitled to a discount. In the event of return debits or reversals of credit card payments for which the Client is responsible, the Provider is entitled to charge a reasonable processing fee, which takes into account the third-party costs.
6.4. Offsetting against claims of the Provider is excluded unless the counterclaim is undisputed or has been legally established. The Client is only entitled to assert rights of retention insofar as their claims are based on the same contractual relationship.
6.5. In accordance with §§ 24 KSVG, certain Services (e.g. speaking, moderation, workshops, influencer content) may be subject to the Künstlersozialkasse (KSK) contribution. The Client is solely responsible for assessing, reporting, and paying any KSK contributions directly to the KSK. The Provider assumes no responsibility or liability for the Client’s obligations in this regard.
7. Cancellation and cancellation fees
The Client has the right to cancel specific Services or the Agreement as a whole at any time with effect for the future in writing. In case of cancellation the Client is obliged to pay the following cancellation fees:
- Up to 30 days before rendering of the respective Service(s): 30 % of the Fees
- More than 14 but less than 30 days before rendering of the respective Service(s): 50 % of the Fees
- Less than 14 days before rendering of the respective Service(s): 100 % of the Fees
8. Travel Expenses
The Client is obliged to reimburse the Provider’s travel expenses necessary for contractual purposes. Travel expenses are either (i) covered by a flat fee in the offer, (ii) already included in the total fee, or (iii) separately reimbursed by the Client. In the latter case, unless otherwise agreed in writing, the Provider may demand at least reimbursement of accommodation costs (at least 4-star hotel) and flight costs (destinations outside Germany: business class).
9. Intellectual Property
All materials (including, but not limited to presentations, slides, texts, drafts, concepts, images, graphics, photographs) created by the Provider remain her sole property and may only be used by the Client within the agreed campaign scope and for contractual purposes. Any other use of these materials by the Client, whether internal or external/public, requires prior written approval and additional remuneration.
10. Image Rights and Recordings; Social Media Usage
10.1. The use of the Provider’s name, image and likeness is only permitted for the agreed campaign/project/time frame and requires the Provider's prior written approval. Any recording (photo, video, audio) requires the Provider’s explicit prior consent in writing.
10.2. The client may use agreed deliverables (e.g. LinkedIn posts, photos, videos) only within the scope of the agreed campaign. Any further use (including, but not limited to paid ads, reposting, long-term content library, cross-platform syndication) requires the Provider’s prior written approval in a separate agreement and compensation.
10.3. The Client is only entitled to resell, transfer or sublicense to third parties (i) rights or obligations arising from this Agreement or (ii) contractual services/works/deliverables of the Provider with the express prior written consent of the Provider.
11. Term and Termination (Retainer Contracts)
11.1. For contracts longer than six months: After the minimum term (if agreed) either party may terminate the contract with three (3) months’ notice to the end of a calendar quarter. Ordinary termination before the minimum term is excluded.
11.2. For other contracts than paragraph 11.1: The agreement ends upon completion of the Services, unless individual obligations extend beyond this point.
11.3. The right to extraordinary termination for good cause remains unaffected.
11.4. Any termination must be made in writing.
12. Reputation and Conduct
12.1. Both parties commit to safeguarding each other’s professional reputation.
12.2. The Provider may withdraw if the Client engages in actions causing reputational harm.
12.3. The Client may withdraw if the Provider damages the Client’s reputation. The Provider's liability is limited to the agreed project fee; any further liability on the part of the Provider is excluded.
12.4. The rights under paragraphs 12.2 and 12.3 may only be exercised if the other party, despite prior warning, does not permanently cease the conduct justifying withdrawal within a reasonable period of time.
13. Liability
13.1. The Provider shall only be liable for damages caused by the Provider, its legal representatives or vicarious agents in cases of intent or gross negligence. Statutory liability for damages caused intentionally or through negligence resulting from injury to life, limb or health, as well as under the German Product Liability Act (ProdHaftG) in the absence of a quality for which the Provider has assumed a guarantee, and liability for culpable breach of essential contractual obligations remain unaffected. Essential contractual obligations are abstract obligations whose fulfilment is essential for the proper execution of the contract and on whose compliance a contractual partner may regularly rely. Liability for breaches of essential contractual obligations caused by simple negligence is limited to compensation for typical foreseeable damage.
13.2. The limitation period for claims for damages by the Client against the Provider is one year. For claims under the Product Liability Act, as well as in cases of gross negligence or intentional conduct on the part of the Client, injury to life, limb or health, and the assumption of a guarantee within the meaning of paragraph 13.1 sentence 2, the respective statutory limitation periods apply.
13.3. The Provider is not liable for any business outcomes, lost profits, or consequential damages beyond the scope of § 280 BGB.
14. Confidentiality
The Parties mutually undertake to treat as confidential any information of the other Party that becomes known to them in connection with the Performance of this Agreement and that is either designated as confidential or is recognisable as requiring confidentiality due to other circumstances, taking the best possible care to protect the interests of the Party concerned, in particular to use this information exclusively for the purpose of providing services and not to disclose it to third Parties, unless the contractual partner concerned has given its express consent or the information in question has lost its confidential nature without breach of this confidentiality obligation. This confidentiality obligation shall continue to apply even after the termination of the contractual relationship. The provisions of the German Trade Secrets Act (GeschGehG) remain unaffected by this contract.
15. Data Protection
The Provider shall process the personal data required for order entry, processing and execution within the scope of the business relationship exclusively in compliance with the applicable data protection regulations and solely for the purpose of fulfilling contractual obligations. The Provider shall provide the Client with information about data processing and the Client’s rights in this regard in accordance with Article 13 GDPR. The information is always available in its current form at [please add the relevant link].
16. Final provisions
16.1. This Agreement constitutes the entire agreement between the parties. Any amendments, modifications, or side agreements must at least be in text form (§ 126b BGB, e.g. by e-mail).
16.2. The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods and the conflict of law rules of private international law. The exclusive place of jurisdiction and place of performance for all legal disputes arising from a contractual relationship with the Provider in accordance with these Terms and Conditions shall be Hamburg, Germany, provided the client is a merchant, legal entity under public law, or special fund under public law. This agreement on the place of jurisdiction shall also apply if the Client does not have a general place of jurisdiction in Germany.
16.3. An Streitbeilegungsverfahren vor einer Verbraucherschlichtungsstelle nimmt die Providerin nicht teil und ist hierzu auch nicht verpflichtet.
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