Conditions of membership

of the Fine Time Business Club
Tölzer Str. 1
82031 Grünwald
(hereinafter referred to as "FTBC")

1. scope of application

1.1 The Fine Time Business Club ("FTBC") is an established network in which leaders, entrepreneurs and decision-makers from the business sector, so-called "MEMBERS", are active. On this closed platform, they exchange views on business, economic and socio-political topics in order to establish personal and business contacts and benefit from the various services offered by the club.

1.2 The following terms and conditions apply to business relationships between Members and the FTBC. These Terms and Conditions apply exclusively and not those of a Member.

1.3 The applicable terms and conditions of membership are available to all members on the website. Upon request, the member will receive the terms and conditions by email or in person.

1.4 Any contractual relationships that may arise between FTBC and the Members in the context of the brokerage of orders such as contracts or consulting services are not the subject of these Terms and Conditions of Membership, but shall be agreed in separate contracts.

1.5 Insofar as persons are referred to in the masculine gender form (e.g. entrepreneur, consultant) in these Terms and Conditions of Membership, this also includes the feminine or diverse form.

2. conclusion of contract (Membercontract)

2.1 The conclusion of the Member Contract between the FTBC and the Member shall be in text form (§ 126b BGB) and shall come into effect with the order confirmation of the FTBC.

2.2 The FTBC decides on the admission of new members at its own discretion. There is no entitlement to admission as a member.

3. membership

There is one form of membership, namely: ordinary member. A full member is the person named in the order confirmation.

4. services of the FTBC

The FTBC offers free and fee-based services, which are described below in this Section 4; fee-based services are communicated in advance by the FTBC on a case-by-case basis and can be utilized by interested Members outside of these Membership Terms and Conditions. Insofar as the following provisions refer to chargeable services, these provisions are subject to a separate service agreement in each individual case.

Business Tool

The Business Tool is generally available to all members free of charge. This includes the use of the premises for business meetings, presentations etc. for 5 - 10 people. (Catering is subject to a charge).

Personal networking

The FTBC offers its members support in actively networking with other members and companies and in establishing high-quality personal business contacts within and outside the circle of members.

Partner deals

The FTBC offers its members exclusive access to selected benefits and partner deals available to them. These partner deals are offered on the website in the Golden Room.

Networking Events

THE FTBC organizes regular networking events for its members. Such events can include specific topics and formats: Investor pitches, get-togethers, networking, seminars, art exhibitions, summer & Christmas parties, wine tastings etc. The FTBC regularly informs its members about member events by e-mail and via the website.

The networking events are offered either free of charge or for a fee, depending on the framework and external funding, and are available to all members.

5. networking, behaviorscodex

Networking the members

Members shall be enabled to seek their own business opportunities with other Members or external event participants. However, if an offer includes services from one of the aforementioned service modules, the Member is initially required to work together with FTBC to find ways of implementing the service offer through mediation or in cooperation with FTBC.

Networking through FTBC

The FTBC can be actively involved in networking on request, e.g. if experts or consultants are specifically sought for a member.

Code of Conduct

By accepting the Terms and Conditions of Membership, the Member also agrees to the FTBC's Code of Conduct as set out in the Annex.

6. member contribution

Annual fee

For each member, an annual membership fee (start date according to the AB) is due for payment in full at the start of membership.

Duty to inform / special right of termination in the event of price changes

The FTBC shall notify the Members of price changes in text form at least six weeks before they take effect. As part of this notification, the FTBC will provide information on the reason for and scope of the price change. Price changes can only be made at the beginning of a membership year. In the event of a price change, the member has the right to terminate membership in text form without notice at the time the price increase takes effect. The FTBC shall inform the Member of this special right of termination in text form at the same time as it informs the Member of the price change.

Terms of payment

All fees due under this Section 6 shall be transferred by the Member to the bank account designated by FTBC in due time.

7. confidentiality

The parties agree that the information and data provided by the FTBC or its Members or contractual or business partners within the framework of the FTBC about themselves or third parties are generally to be treated confidentially, unless they are already covered as business secrets by the German Act on the Protection of Business Secrets (GeschGehG). The Member undertakes to use confidential information only in the context of using the services and benefits of FTBC and not to disclose it to third parties.

The only information excluded from confidentiality is information that

  • are generally public in the respective business circles
  • are known to third parties without disclosure by the Member
  • were demonstrably already known to the member before the transfer
  • have been or will be disclosed to the Member by third parties without the imposition of a confidentiality obligation and without a recognizable breach of a confidentiality obligation.

The provisions shall continue to apply for a further three years after the termination of membership, provided that these are ongoing projects, e.g. investor pitches, ongoing projects, etc. The obligation to maintain business secrets, in particular in accordance with the GeschGehG, remains unaffected.

8 Term, termination (exclusion of members)

Membership runs for an indefinite period. It can be terminated in writing by either party with one month's notice to the end of the term.

Either party may also terminate the Membership Agreement in writing for good cause (Section 314 BGB). For FTBC, such good cause is given in particular under the following circumstances:

  • Serious breach of these Terms and Conditions of Membership including their annexes (in particular the Code of Conduct)
  • default with regard to the obligation to pay the member contributions in accordance with section 6 for more than four weeks despite a written reminder.
  • Other breach of the terms and conditions of membership and continuation of the breach despite written warning from the FTBC for a period of more than 30 days.
  • Grossly negligent or willful breach of the confidentiality obligations set forth herein.
  • Behavior that damages the reputation of the FTBC and/or its members.

9. liability of the FTBC

The following exclusions and limitations of liability apply to any liability of the FTBC:

  • FTBC shall be liable for intent and gross negligence as well as for damages resulting from injury to life, body or health without limitation in accordance with the statutory provisions.
  • In cases of slight negligence, FTBC shall only be liable for breaches of a cardinal obligation. A cardinal obligation within the meaning of this clause is an obligation whose fulfillment is essential for the performance of the contract and on whose fulfillment the contractual partner may therefore regularly rely. The liability according to sentence 1 is limited to the foreseeable damage typical for the contract at the time of the conclusion of the contract.
  • The FTBC's liability beyond the above-mentioned points in Section 9 is excluded.
  • Membership does not constitute a partnership under civil law (GbR), neither between the FTBC and the members nor between the members themselves.

10 General regulations

Applicable law

The Terms and Conditions of Membership are governed by the law of the Federal Republic of Germany.

Place of jurisdiction

The exclusive place of jurisdiction for all disputes arising from the Membership Agreement is Munich.

Ineffectiveness

Should individual provisions of these Terms and Conditions of Membership be or become invalid in whole or in part and/or contradict the statutory regulations, this shall not affect the validity of the remaining provisions. The invalid provisions shall be replaced by statutory law (Section 306 (2) BGB). Otherwise, the parties shall replace the void or ineffective provisions with an effective provision that comes as close as possible to the economic meaning and purpose of the ineffective provision in a legally effective manner, insofar as no supplementary contractual provision takes precedence or is possible. The above provision shall apply accordingly in the event of loopholes.

Changes

The FTBC reserves the right to amend these Terms and Conditions of Membership if this should be necessary due to changes in the law or regulatory requirements. Any further changes to these Terms and Conditions of Membership shall only be made with the consent of the Members, whereby the FTBC shall notify the Members of such changes by e-mail at least one month before the planned entry into force of the new version of the Terms and Conditions of Membership and draw attention to the intended changes. Members are required to declare in writing within one month of receipt whether they accept or object to the amended Terms and Conditions of Membership. In the event of an objection, their membership shall automatically end at the end of the membership year. The current conditions of membership can be viewed on the website https://fine-time-business.de/ can be called up.

Contract languages

The contractual language in the membership relationship is German. Translations into other languages are for the sole purpose of comprehensibility and are not legally binding.

Code of Conduct

Fine Time Business Club

Code of Conduct for Members

The Fine Time Business Club ("FTBC") is an established network in which leaders, entrepreneurs and decision-makers from the business sector, so-called "MEMBERS", are active. On this closed platform, they exchange views on business, economic and socio-political topics in order to establish personal and business contacts and benefit from the club's various services.

Against this background, the members want to provide the FTBC with business and ethical values, regard these values as binding for themselves and thus maintain and promote the sustainability and reputation of the FTBC, its members, partners and supporters. In this respect, the FTBC acts as a role model in terms of business and personal cooperation as well as with regard to diligence and professionalism in the exchange of information and knowledge.

The members of the FTBC have therefore adopted the following rules of conduct, which are binding only in the internal relationship between them and which they will observe in their personal and business dealings.

Binding or enforceable obligations are not established by this Code of Conduct. However, as this Code of Conduct is part of the membership relationship, serious and/or repeated breaches of the Code of Conduct may constitute a breach of the membership contract and result in the corresponding sanctions set out in the membership contract, in particular termination of membership.

Values

Values such as ethics, trust, humanity and sustainability are the most important values in the club in order to achieve more together. Integrity is the consistency between one's own ideals and values and the values of the club and its members. It characterizes every member and thus represents a basis of trust.

Trust

Trust refers to a certain type of conviction that guides one's own behavior. Trust in the club's activities and in the founding members is the basis for achieving success together and enjoying new possibilities and opportunities.

Ethics

Erik is a prerequisite and the evaluation of human action, for which four principles apply: Principles of autonomy, beneficence, care, non-harm and justice. Morality and moral behavior result from these principles. This value is indispensable for the actions of all members and the development of the club.

The FTBC is committed to the highest ethical standards in the selection of business networks. For this reason, the FTBC only promotes business relationships and opportunities that meet these standards. Therefore, only members, partners and companies that

  • are in accordance with applicable law and the principles of the FTBC
  • do not enable, promote or make use of child, forced or slave labor
  • are free from racist, extremist, in any way discriminatory, unconstitutional or other content or objectives that are incompatible with the fundamental values of the FTBC
  • do not prioritize their economic earning power disproportionately against sustainability or social and societal responsibility and do not cause or aim to cause the destruction of the natural basis of human life, the environment or nature.

Humanity

In its broader meaning, humanity refers to "everything that belongs to or is proper to human beings". This refers to the attitude and mindset as well as the feeling for the dignity and inviolability of human beings, regardless of race, gender or nationality. This value is a basic requirement for all members.

Sustainability

Sustainability is the principle of keeping what has been created and passing it on. The club's main task is therefore to build up the personal and business relationships it has formed over the long term in order to strengthen, expand and grow the network and pass it on to future generations.

Conflicts of interest

Members must fully disclose conflicts of interest in business exchanges to other Members and the FTBC at the earliest opportunity and indicate that they will either be remedied or the proposed activity will not be undertaken. This protects the integrity of the FTBC, the trust between the members and the quality of the business, knowledge and experience exchange.

Professionalism

Each member is an individual personality who deserves equal respect and appreciation. Each member is also a representative of the FTBC. Members will therefore always behave in a respectful, objective and constructive manner, both personally and professionally, towards each other, the FTBC and its partners.

Equal treatment

The members have equal rights and will treat each other as equal partners. They will communicate openly, will not behave unfairly and will not allow themselves to be promised or granted any personal advantages in the context of networking or when initiating or carrying out business activities.

External impact

For both the FTBC and its members, their reputation depends largely on their image and external impact. It is therefore essential for the public image to be transparent and to present itself as a community.

Non-solicitation clause

Joint success requires security, trust and loyalty. Members will not themselves or through third parties poach or otherwise induce other Members, their employees or employees of their affiliated companies to give up or reduce their activities in the FTBC for a Member or a company.

Behavior in compliance with the law

The FTBC is committed to legal compliance at local, national and international level. All members respect and comply with laws and government regulations, as well as the FTBC's internal policies.

Personal data

Personal data may only be collected, processed or used insofar as this is necessary for the execution of the member contract or other agreement. The applicable legal provisions as well as the data protection declarations and membership conditions must be observed.

Confidentiality

Trust is a central component of entrepreneurial activity. Every member treats internal information about the FTBC, its members, companies, projects and ideas confidentially. In the FTBC, business ideas are exchanged, discussed and, if necessary, further developed in a protected and trusting atmosphere. Members will therefore be discreet in all matters relating to the FTBC and will protect business secrets at all times.

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