1. Scope of Application

1.1
These General Terms and Conditions apply to all contracts between Bromance Sports GmbH, registered office in Berlin, and its contractual partners regarding the provision of services in the fields of media, sports, events, consulting, management, social media, productions, marketing, and related services.

1.2
These Terms and Conditions apply exclusively to entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB). Contracts with consumers are not concluded.

1.3
Deviating, conflicting, or supplementary general terms and conditions of the Client shall not become part of the contract unless Bromance Sports GmbH has expressly agreed to their validity in writing.

2. Subject Matter of the Contract

2.1
The subject of the contract is the service individually described in the respective offer. As a rule, Bromance Sports GmbH owes a service activity, not a specific economic success, unless expressly agreed otherwise.

2.2
The specific scope of services results exclusively from the respective offer. Oral side agreements do not exist.

2.3
Changes or extensions of the scope of services require a written agreement and a corresponding renegotiation of remuneration.

3. Conclusion of Contract

3.1
Offers made by Bromance Sports GmbH are non-binding unless expressly designated as binding.

3.2
The contract is concluded upon written acceptance of the offer, in particular by email.

3.3
By accepting the offer, the Client acknowledges these General Terms and Conditions as binding.

4. Remuneration and Payment Terms

4.1
The remuneration results from the respective offer. All prices are exclusive of statutory value-added tax.

4.2
Unless otherwise agreed, invoices are payable without deduction within 7 days from the invoice date.

4.3
Bromance Sports GmbH is entitled to demand partial payments or advance payments, in particular for extensive or long-term projects.

4.4
In the event of default in payment, Bromance Sports GmbH is entitled to charge default interest in the amount of 9 percentage points above the applicable base interest rate. The assertion of further damages caused by default remains unaffected.

4.5
In the event of default in payment, Bromance Sports GmbH is entitled to withhold further services until full payment has been received.

5. Termination

5.1
The contract may be terminated by either party at any time for good cause.

5.2
Ordinary termination is possible at any time; however, it requires full payment of the contractually agreed remuneration, irrespective of the time of termination. The remuneration serves in particular to compensate for capacity commitments, advance services, project-related resource planning, and lost alternative deployment opportunities.

5.3
No pro rata, time-based, or performance-based settlement shall take place unless expressly agreed otherwise in writing.

6. Performance of Services, Talents and Subcontractors

6.1
Bromance Sports GmbH is entitled to use talents, freelancers, and subcontractors to fulfill the contract.

6.2
There is no entitlement to the deployment of a specific individual unless expressly agreed in writing.

6.3
In the event that individual talents are unavailable for organizational or health reasons, Bromance Sports GmbH is entitled to provide equivalent replacement.

7. Rights of Use

7.1
All content, concepts, drafts, texts, images, videos, and other works created in the course of the provision of services shall remain entirely with Bromance Sports GmbH unless expressly agreed otherwise in writing.

7.2
Any transfer or granting of rights of use requires a separate written agreement.

7.3
Bromance Sports GmbH is entitled to use all created content without limitation in time, territory, or content for self-promotion, references, presentations, social media, website, and pitch materials.

8. Liability

8.1
Bromance Sports GmbH shall be liable without limitation in cases of intent and gross negligence.

8.2
In cases of slight negligence, Bromance Sports GmbH shall be liable only in the event of a breach of material contractual obligations and limited to the typical, foreseeable damage.

8.3
Any further liability is excluded.

8.4
The limitations of liability pursuant to Section 8 shall not apply in the event of injury to life, body, or health, or in cases of mandatory statutory liability.

9. Confidentiality

9.1
Both parties undertake to keep all confidential information obtained in the course of the cooperation confidential and not to disclose it to third parties.

9.2
This obligation shall also apply beyond the termination of the contractual relationship.

10. Non-Solicitation

10.1
The Client undertakes not to directly or indirectly solicit or engage any talents or subcontractors deployed by Bromance Sports GmbH during the term of the contract and for a period of 12 months after termination of the contract.

11. Final Provisions

11.1
German law shall apply exclusively, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).

11.2
The place of jurisdiction for all disputes arising from this contractual relationship shall be Berlin, insofar as legally permissible.

11.3
Should individual provisions of these General Terms and Conditions be or become invalid, the validity of the remaining provisions shall remain unaffected.