Terms & Conditions

1. Scope

These General Terms and Conditions (“T&Cs”) of Black Forest Studios GmbH (“BFS”) apply to all contracts for room rental, event packages and event production services between BFS and its customers (“renting party” or “client”). They apply both to businesses within the meaning of § 14 BGB (B2B) and to consumers within the meaning of § 13 BGB (B2C); where individual provisions apply only to one group, this is expressly indicated.

The version of these T&Cs valid at the time the contract is concluded applies. Conflicting or deviating terms of the renting party are not recognised unless BFS expressly agrees to them in writing. Individual agreements – in particular in the written offer or in the applicable terms of use – take precedence over these T&Cs where they expressly deviate from them.

2. Scope of services

BFS operates as an event location and event agency. The services offered comprise room rental (studios, conference rooms, outdoor areas and ancillary rooms), event packages (room rental combined with defined additional services such as technology, staff or catering) and event production (planning, organisation and execution of events on behalf of the client).

The specific scope of services results from the respective written offer and the terms of use attached to it; services not expressly listed there are not part of the contract. In the event of unavoidable and unforeseeable circumstances (e.g. technical defects, regulatory requirements), BFS reserves the right to offer equivalent substitute rooms or services; there is only an entitlement to a specific room if it was expressly named in the offer.

3. Conclusion of contract & booking process

All offers from BFS are non-binding and subject to change. A contract is only concluded through the renting party’s written order confirmation, which BFS confirms in writing (by email or signature). BFS is bound by an offer for 10 days from the date of the offer; after this period the reservation lapses automatically unless an order confirmation has been received.

Bookings from a net offer value of €1,000.00 are made exclusively on the basis of a written offer from BFS and become effective and binding once the deposit under § 4 is received. Bookings below €1,000.00 (e.g. hourly room rental) can be made by email; BFS’s booking confirmation by email constitutes conclusion of the contract. The same T&Cs apply to these bookings, together with the terms of use sent to the renting party or handed out on the day of booking, which – since no separate offer is prepared for these bookings – replace the offer-specific service descriptions and serve as house rules.

4. Prices & payment terms

All prices are subject to statutory VAT applicable at the time the service is rendered, unless expressly stated as a gross price.

For a net offer value of €1,000.00 or more, a deposit of 50 % of the net offer value is due upon conclusion of the contract, payable within 10 days of the order confirmation. The remaining amount is payable in full within 10 days of receipt of the invoice, but no later than the start of the event or the day of use. Bookings below €1,000.00 net (room rental) are settled directly after use, in cash or by card on site; on request, additional services (equipment, staff, drinks) can be invoiced jointly with the renting party as joint debtors.

Discounts granted apply only if payment is made in full and on time; in the event of default, discounts lapse retroactively and BFS is entitled to invoice the original list prices. In the event of default, BFS charges default interest of 9 percentage points above the base rate (B2B) or 5 percentage points above the base rate (B2C); further claims for damages remain reserved. If payment default is imminent or has occurred, BFS is entitled to withhold further services until all outstanding claims have been settled in full.

5. Cancellation & withdrawal

A cancellation or termination of the contract by the renting party requires text form (email is sufficient); the date on which the cancellation notice is received by BFS is decisive.

Free cancellation. For a net contract value of €5,000.00 or more, cancellation is free of charge up to 3 months before the agreed start of the event or rental; for a net contract value below €5,000.00, up to 4 weeks before. Any deposit already paid is refunded in this case, less costs demonstrably already incurred with third parties.

Cancellation fees after expiry of the deadline. After the above deadline has expired, the following tiered cancellation fees apply, calculated on the basis of the total net contract value: for a contract value of €5,000.00 or more, cancellation from 3 months to 1 month before the rental start incurs 50 %, from 1 month to 14 days before 80 %, and from 14 days before the rental start as well as in the case of no-show, 100 % of the net contract value. For a contract value below €5,000.00, cancellation from 4 weeks to 14 days before the rental start incurs 50 %, and from 14 days before as well as in the case of no-show, 100 %. If the contract is concluded within the respective applicable deadline, there is no entitlement to free cancellation; the scale then applies directly from conclusion of the contract, based on the period remaining until the start of the event or rental at the time the cancellation notice is received.

Deposits already paid (§ 4) are offset against the cancellation fees due; if the cancellation fee exceeds the deposit, the difference must be paid; if the deposit exceeds the cancellation fee, the excess amount is refunded. Costs incurred with external service providers as a result of the cancellation (e.g. technology companies, catering companies, artist fees) are invoiced to the renting party separately and in full, irrespective of the cancellation fees above. The renting party may prove that the actual damage was lower; BFS endeavours to re-let cancelled capacities, but only offsets this in the case of an actual replacement booking on equal or better terms.

Withdrawal by BFS. BFS is entitled to withdraw from the contract without any obligation to pay damages if the renting party defaults on payment despite a reminder and grace period, provides false information about the purpose of use or type of event, if the event is expected to endanger the safety, reputation or operations of BFS, or if force majeure makes performance impossible. In these cases the renting party has no claim for damages; payments already made are refunded after deduction of costs incurred and any cancellation fee forfeited under the preceding paragraphs.

6. Use of the premises, handover & obligations of the renting party

The renting party receives the rental property in a cleaned and functional condition and must satisfy itself of its proper condition at handover; it is deemed to have been accepted free of defects unless defects are expressly reported at handover. The renting party names a person responsible for the event to BFS, who is present throughout the entire rental period – including set-up and dismantling – and confirms the briefing in writing on request.

The rental property must be treated with care; the renting party is liable for damage, soiling or alterations caused by itself, its staff, contracted service providers or guests, and returns it in its original condition after use. Any necessary repair measures must be agreed with BFS in writing in advance; the renting party may not carry out repair work without BFS’s consent. Any waste must be fully removed by the renting party or its caterer; if waste remains in the studio or on the premises, a disposal flat fee of €350.00 net is charged, whereby the renting party may prove that the actual effort was lower.

Use is limited to the agreed purpose, period and number of people; exceeding the maximum capacity is not permitted. Subletting and transferring the right of use to third parties is not permitted without BFS’s prior written consent. The renting party independently and punctually obtains all regulatory approvals required for the event (e.g. venue regulations, safety concept).

7. Number of participants

Changes to the number of participants of more than 5 % must be reported to BFS in writing at the latest 4 weeks before the start of the event and require BFS’s written consent.

In the event of deviations of more than 10 %, BFS is entitled to adjust the agreed prices and, if necessary, to change confirmed rooms, provided this is reasonable for the renting party.

If the actual number of participants exceeds the agreed number, the actual number is invoiced.

8. Usage times & surcharges

BFS’s standard usage times are Monday to Friday, 08:00–18:00. The agreed day rate refers to use within these times. Use outside standard hours, at weekends and on public holidays, as well as any overtime surcharges, are governed by the terms of use attached to the offer or, for bookings below €1,000.00, by the version of the BFS terms of use applicable at the time. Where studio and production supervision is mandatory for a booking (in particular at weekends and on public holidays), it is charged for the entire rental period according to the price list.

9. Catering & drinks

Drinks and the service staff required for them may only be sourced through BFS or its authorised catering partners. Bringing your own food and drinks requires BFS’s prior written consent; in this case a handling fee (corkage) shown in the offer is charged to cover overheads. The renting party is fully liable for food and drinks brought along and indemnifies BFS against third-party claims in this regard.

Drink flat rates cover only the drinks agreed in writing; if actual consumption exceeds or falls short of the flat rate by more than 10 %, actual consumption is invoiced. In Kirchzarten, only the contractually approved operators are BFS’s catering partners; further external caterers require BFS’s express written consent.

10. Technical facilities

Use of the technology permanently installed in the rental property is included in the rental price unless stated otherwise in the offer. Using your own electrical equipment on BFS’s power supply requires written consent; any resulting faults or damage are borne by the renting party, and BFS is entitled to charge electricity costs on a flat-rate basis. Where BFS procures third-party technical equipment on behalf of the renting party, it does so in the renting party’s name, with its authority and at its expense; the renting party is liable for careful handling and proper return and indemnifies BFS against third-party claims. Faults in technical equipment provided are rectified without delay where possible; payments may not be withheld or reduced insofar as BFS is not responsible for the fault.

11. Items brought in & decoration

Items brought in are at the renting party’s risk while on BFS’s premises; liability for loss, destruction or damage caused by third parties only applies in the case of intent or gross negligence on the part of BFS. Decorative material must meet fire-safety requirements; BFS may request official proof and, if none is provided, is entitled to remove the material at the renting party’s expense. Bringing in and attaching items (fixtures, hangings etc.) must be coordinated with BFS in advance to avoid damage.

Items must be removed without delay after the event; remaining items may be removed and stored at the renting party’s expense, for which BFS may charge a usage fee for the duration. Items for the event may be delivered no earlier than 2 days before the start of the event and only with BFS’s prior written consent.

12. GEMA & copyright

Registering and paying GEMA fees and other copyright-related charges for the use of music and other copyrighted works is the sole responsibility of the renting party; BFS accepts no liability for omitted or incorrect registrations. The renting party indemnifies BFS against all third-party claims arising from a breach of copyright obligations by the renting party.

13. Liability insurance

The renting party is obliged to hold sufficient liability or commercial liability insurance covering the respective usage risk in full for the entire rental period (including set-up and dismantling); this obligation applies to all types and sizes of booking. BFS is entitled to request proof of insurance at the latest by the start of the rental and, if no proof is provided, may refuse access to the rental property without this giving rise to any claims by the renting party.

14. Liability of BFS

BFS is liable without limitation for damage arising from injury to life, body or health resulting from an intentional or negligent breach of duty by BFS or its vicarious agents. For other damage, BFS is only liable in the case of intent or gross negligence; liability for slight negligence is excluded to the extent permitted by law. Liability for property damage to items brought in by the renting party is limited in amount to the agreed net rental price; claims by the renting party are time-barred 6 months after the end of the contract. These limitations of liability do not apply where BFS has assumed a guarantee or where mandatory statutory provisions (e.g. the Product Liability Act) preclude them.

15. Photo and video material

BFS is entitled to create photo and video material of the premises, the set-up and the atmosphere of the event on all booking days and to use it exclusively for its own advertising and marketing purposes (website, social media, print media, etc.); people are only depicted with their express consent. If the renting party wishes to restrict or exclude this use, it must inform BFS in writing before the start of the event. Publication of recordings of BFS’s premises by the renting party for commercial purposes requires BFS’s prior written consent.

16. Data protection

BFS collects, processes and uses the renting party’s personal data exclusively for the purpose of performing the contract and on the basis of the applicable data protection provisions (GDPR, BDSG). Further details are set out in BFS’s privacy policy, available on this website.

17. Confidentiality

BFS undertakes to keep confidential all business and trade secrets of the renting party that become known in the course of the contractual relationship; this does not apply where disclosure is legally required.

18. Terms of use as part of the contract

BFS’s respective offers are accompanied by terms of use containing service-specific provisions (in particular on usage times, overtime surcharges, weekend and public holiday surcharges, handover and cleaning obligations, and payment terms). They form part of the contract and supplement these T&Cs; in the event of a conflict, the terms of use take precedence. For bookings without a separate written offer (below €1,000.00 net), the currently applicable version of BFS’s terms of use applies, as sent to the renting party with the booking confirmation or handed out on the day of booking.

19. Amendments to the T&Cs

BFS reserves the right to amend these T&Cs at any time; amendments are communicated to the renting party in writing or by email at least 4 weeks before they take effect. For contracts already concluded, the version of the T&Cs valid at the time the contract was concluded applies.

20. Final provisions

The law of the Federal Republic of Germany applies exclusively; the UN Convention on Contracts for the International Sale of Goods (CISG) is excluded. The place of jurisdiction for all disputes arising from the contractual relationship is, to the extent legally permissible, Freiburg im Breisgau – this applies in particular to businesses, legal entities under public law and special funds under public law. Should individual provisions of these T&Cs be or become invalid or unenforceable, this does not affect the validity of the remaining provisions; the invalid provision is replaced by a valid provision that comes as close as possible to the economic purpose of the invalid one. Amendments or additions to these T&Cs and to the respective contract require text form; this also applies to any waiver of this requirement.

21. Coworking passes (The Barn Kitchen)

This clause applies to coworking passes at “The Barn Kitchen”. Where it deviates from the preceding provisions, it takes precedence.

Service. The pass entitles you to share a workspace at The Barn Kitchen during opening hours (Monday to Friday, 09:00–17:00), including Wi-Fi. There is no entitlement to a specific desk. Food and drinks from the café are not included in the pass and are charged separately. Studios, conference rooms and edit suites are likewise not part of the pass and are bookable separately.

Validity – opening days. The day pass is valid on the day of purchase. The weekly pass is valid for 5 and the monthly and studio pass for 30 calendar days from purchase. Days on which The Barn Kitchen is closed do not count: the pass is extended automatically by each such day, without you having to do anything. Should we ever miss one, just let us know and we will correct it.

Opening and closing days. The Barn Kitchen may be closed for productions and events. The opening and closing days for the next five weeks are shown in the “Community” section of this website and are kept up to date there.

Prices and payment. The stated pass prices are final prices including statutory VAT. Deviating from § 4, they are payable before use begins. Passes are personal and non-transferable. The cancellation scale under § 5 does not apply to passes.

Studio pass. The studio pass additionally grants a 10 % discount on the rental of individual studios as well as sound and edit suites. Stage 1, The Barn Kitchen and the exclusive hire of the main building are excluded. The discount applies only to bookings made during the term of the pass, is not retroactive and cannot be combined with other discounts.

Use. Coworking takes place in a shared space. Please be considerate of others and observe the house rules and the instructions of our staff. For good cause – in particular significant disruption of operations – we may terminate a pass without notice; in that case we refund amounts already paid pro rata for the remaining term.

Liability. In addition to § 14: we accept no liability for items you bring with you (e.g. laptops). There is no entitlement to uninterrupted availability of Wi-Fi or electricity.