GTC (AGB)

1. Scope and Applicability

1.1

The Operator provides Members with access to workshop areas at its maintained locations, currently at Lichtenbergstr. 6, 85748 Garching, and Freddie-Mercury-Straße 5, 80797 Munich (hereinafter referred to as the "Workshop"), during the opening hours specified in the house rules. Access is granted after an introduction to the safety and basic functions of the tools and machines that must be observed when using the Workshop (hereinafter referred to as the "Safety Video"). Members can independently and responsibly use various machines, electrical, mechanical, and manual tools (hereinafter collectively referred to as "Tools and Machines"). Certain machines and workshop areas are only accessible and usable after successfully completing a course introducing their specific functions (hereinafter referred to as the "Introduction Course"). Additionally, the Operator offers various additional fee-based courses on different technical workshop topics.

1.2

Access to the Website, the MakerSpace workshop areas (excluding areas of UnternehmerTUM GmbH or Munich Urban Colab GmbH), and the courses is provided exclusively based on these GTC (zu deutsch AGB). These GTC also apply— in the version valid at the time of contract conclusion— to all future transactions, agreements, and pre-contractual negotiations between the Member and the Operator, even if they are not explicitly referenced again. The GTC likewise apply to participation in courses held by the Operator at the Workshop for participants who are not MakerSpace Members and/or not registered on the Website.

1.3

In addition to the regular closing times specified in the respective house rules, the Operator reserves the right to close the Workshop for two weeks per year during the summer and Christmas holidays due to company vacation. The specific closing times will be announced on the MakerSpace website and through notices at the Workshop entrance at least four weeks in advance.

2. Registration and Conclusion of Contract

2.1

Members register by signing up on the website and concluding a membership contract. Registration can also be carried out by the operator's staff when visiting the MakerSpace in person. Registration is only successfully completed once the member confirms it using the "binding registration" button or the activation link sent to them.

2.2

After registration, members can choose between different membership types, which can be found in the currently valid price list displayed on the website. Depending on the type of membership, access may be granted to all locations and workshop areas or only to specific locations and designated workshop areas (see price list).

2.3

The presentation of the operator’s services on the website, in the membership price list, and the provision of the registration form do not constitute a binding offer by the operator to register on the website or to conclude a membership contract.

2.4

Entering the registration details, selecting a course and a membership, and then clicking the "binding registration" button (for account creation) and the "order with payment obligation" button (for booking memberships or courses) each constitute a binding offer according to § 145 BGB for registration and conclusion of the selected paid membership or course. If this offer is accepted, the operator will confirm receipt of the registration data via email to the email address provided by the member.

2.5

Members may only use the services provided by the operator after successfully completing the registration process and concluding a membership contract based on these Terms and Conditions. This establishes a usage agreement between the operator and the member under the following conditions, and the member acknowledges the validity of these Terms and Conditions for the entire contractual relationship with the operator.

2.6

For certain courses and workshop usage options that go beyond the general membership offerings, additional fees and conditions may be agreed upon with the member ("Supplementary Agreement"). These Terms and Conditions apply additionally to such Supplementary Agreements unless expressly stated otherwise in writing within the Supplementary Agreement.

2.7

The house and workshop rules posted in the workshop or provided to the member are an integral part of the membership contract and any Supplementary Agreement.

2.8

When registering on the website, the member must enter a valid email address and choose a password. The member is required to keep the password confidential. The operator will not disclose the password to third parties and will never ask the member for it. If the member suspects that a third party has gained knowledge of their login credentials or is misusing their account, they must inform the operator immediately.

2.9

Each member may register only once and create only one member profile. The member assures that:
(a) all information provided during registration is true and complete,
(b) at the time of submitting the registration request, they are at least 18 years old and fully legally competent (for legal entities, this applies to the authorized representative),
(c) they are not already a MakerSpace member, and any previous registration has not been deleted by the operator,
(d) private memberships (Maker, MakerPlus, 10-ticket pass) are not used for commercial purposes.

2.10

Minors are allowed entry from the age of 12. Minors who have not yet turned 18 can only register as members with the consent of their legal guardian and after watching the safety video together with their guardian. They may enter the workshop only with written consent from a legal guardian. The same applies to participation in introductory courses. Minors under 16 may additionally enter certain marked areas of the workshop only if accompanied by a legal guardian or an authorized escort (at least 21 years old). Additional age restrictions or supervision requirements for specific courses are listed in the respective course descriptions. Information sheet on persons in need of protection.

2.11.

There is no entitlement to registration or participation in MakerSpace services. The operator may reject a registration without stating reasons. In such cases, any personal data submitted during the registration process will be deleted. Memberships and associated usage rights may not be transferred to another person.

2.12

The member must not use pseudonyms or artist names when registering. Providing false identity information entitles the operator to terminate the contract without notice and immediately delete the member's access rights. Any changes (especially to email address, residence, bank details, etc.) must be promptly updated in the member's account settings under "My Account" or reported to the operator in writing. The member is responsible for any additional costs incurred due to incorrect or uncorrected information. The operator charges a flat processing fee of €10.00 for necessary address research or direct debit returns. The member may provide proof that no damage or a lower amount of damage has occurred. The operator reserves the right to claim higher damages.

2.13

After registering on the website, concluding a membership contract, and successfully completing the safety and basic functionality training (safety video), the member will receive their MakerSpace membership card at the workshop. The membership card is non-transferable and must be kept safe from unauthorized access. Any loss or damage to the card must be reported to the operator immediately. Upon notification of loss, the card will be blocked by the operator. If the card is lost or damaged due to the member’s fault, a new membership card will be issued for a processing fee of €50.00.

2.14

Access to the workshop, courses, and the use of tools and machines is only possible with the membership card. The card is for the member's personal use and must be carried at all times when visiting the workshop. It is strictly non-transferable and must not be given to third parties under any circumstances. If the card is passed on to third parties due to the member’s fault, the member is liable to the operator for any damages resulting from misuse.

3. Services for Members

3.1

Upon acquiring membership and successfully completing the safety video, which familiarizes the member with the workshop’s safety and basic functions, the member is entitled to use the workshop, tools, and machines independently during opening hours, subject to general availability ("general usage rights"). The member has no claim to the provision of specific tools and machines by the operator, nor to their availability at a particular time. The member has either inspected the workshop before signing the contract or has had the opportunity to do so. The condition of the workshop at the time of inspection corresponds to the contractually agreed state.

3.2

Membership generally includes the use of machines, meaning only material consumption must be paid for separately (see Section 2.2). If the member intends to use the workshop for purposes beyond individual pieces and/or prototypes, they are required to inform the operator. The operator will then inform the member in advance about additional costs or the need to switch to another membership (see Section 4.11).

3.3

Lockable lockers provided in the workshop by the operator can be rented for an agreed period, depending on availability and for a fee. The lockers are not suitable for storing valuables or hazardous materials. Storage in the lockers is at the member's own risk. The operator is not liable for items stored in the lockers unless the damage results from intentional or grossly negligent misconduct by the operator, its legal representatives, or agents, or from a breach of a fundamental contractual obligation essential for contract execution. The operator is not responsible for storing or keeping items left in a locker after the rental period expires or placed outside a locker. The operator may open locked lockers at any time after the rental period ends and remove any remaining contents. Members are expressly advised not to bring valuables to MakerSpace locations. The operator assumes no responsibility for any valuables brought in. Storing money or valuables in lockers is not permitted and does not impose any obligations on the operator regarding the deposited items.

3.4

In addition to membership, general usage rights require prior completion of the safety video. Specifically marked tools and machines, such as checkout kits, can be used immediately after completing the safety video without an additional machine-specific introductory course. The course instructor decides whether the member passes the course and is authorized to use the tools and machines independently. The operator is entitled to revoke access if the tools and machines are not used in compliance with the contract. This revocation follows an unsuccessful verbal warning and remains in effect until the member successfully completes the introductory course or safety video again.

3.5

Additional fees apply for introductory courses required for access to specific machines. These fees are listed on the website and posted in the workshop.

3.6

Members may register for fee-based introductory courses and other training programs through the website according to the current course schedule.

3.7

Gift vouchers can be used as an alternative payment method for booking courses, memberships, or other services. The course category, membership type, or service details can be found in the respective descriptions on the website and price list. Only one voucher can be used per course booking. Vouchers cannot be combined or redeemed for cash. To use a voucher, the member must enter the voucher code during the booking process. The voucher amount is then deducted from the order total. By clicking the “order with obligation to pay” button, the member confirms that the voucher should be applied to the specified service.

3.8

The content, duration, prerequisites, and costs of course participation are specified in the course description. Members can register for a course via the website. The registration becomes binding once the operator confirms participation via email.

3.9

If a member cancels a confirmed course or does not attend, they must still pay the full agreed fee if the cancellation occurs less than 24 hours before the scheduled course and the operator cannot mitigate the loss by filling the spot with another participant or other means. The operator is not obligated to offer a replacement course if the member cancels their participation. Members arriving more than 15 minutes after a course has started may no longer participate.

3.10

Scheduled course dates may be postponed due to illness, force majeure, or other circumstances beyond the operator’s control. The operator will notify registered members via email and arrange suitable alternative dates.

3.11

If a course does not meet the minimum required number of participants 48 hours before its scheduled start, the operator may cancel the course. Registered members will be informed promptly via email. In such cases, members may either participate in a later session of the same course or another available course of the same category. Vouchers used for the course remain valid. If the course was paid for in cash, the member can choose between a cash refund or a voucher for the respective course category.

3.12

The operator may employ staff, employees, or other agents at its discretion to provide services and is entitled to have obligations fulfilled by qualified third parties.

3.13

The authorization to use tools and machines following an introductory course is valid for 12 months. After this period, the operator may revoke the authorization. This 12-month period ensures members maintain regular practice with the tools and machines.

4. Duties of Members

4.1

Before entering the workshop, members must inform themselves about the posted house and workshop regulations as well as safety instructions and comply with them. By entering the workshop, the member acknowledges the validity of these General Terms and Conditions (AGB) and the workshop regulations.

4.2

All members are required to folow the operating and safety instructions and any directions given by the operator’s staff and/or third parties assigned by them. Additionally, all members must comply with the written instructions attached to the tools and machines, observe the danger zones specifically marked by the operator, and adjust their behavior accordingly.

4.3

All members agree to use only the tools and machines for which they have received proper training. Members are required to treat the entire facility, all equipment, and especially the tools and machines properly and use them purposefully. When occupying their workstation, the member must check its proper condition and functionality. Any damages or impairments must be reported to an operator before starting work. If the member identifies any potential faults, damages, wear, or safety risks with a tool or machine, they must immediately stop using it and inform the operator.

4.4

All members must conduct themselves in a manner that does not interfere with the proper and safe operation of the workshop, and ensure that others are neither endangered nor disturbed. Immediately after use, the member must clean the tools and machines according to the operator’s instructions and return them to their designated storage location. All members are especially required not to use the tools and machines in a way that could lead to damage, destruction, or overloading.

4.5

Instructions from the operator, their legal representatives, staff, contractors, course instructors, and other assistants must always be followed promptly.

4.6

Members are prohibited from smoking, consuming alcoholic beverages, drugs, or other addictive substances in the workshop. Operating tools and machines in the workshop is also prohibited if the member is under the influence of these substances or medications that could impair or exclude safe operation. The operator is authorized to expel members suspected of being under the influence of the aforementioned substances from the workshop.

4.7

It is prohibited to bring animals into the workshop.

4.8

Alterations or damages to the workshop, tools, machines, or other work equipment are not allowed. Any alterations or damages will be charged to the member.

4.9

There is no entitlement for members to use or have access to specific workshops or tools and machines. In exceptional cases, the member agrees to make their workstation available to the operator at short notice if the operator needs it for an event. The operator will inform the member of the event within a reasonable period, at least 24 hours in advance, either verbally, by email, or via a notice. The operator will consider the member’s legitimate interests in the use of specific machines and tools when planning the event.

4.10

The operator reserves the right to exercise house rules and may expel any member who disturbs or endangers the proper operation of the workshop. This also applies to immoral, offensive, or otherwise business-damaging behavior.

4.11

Members who commercially produce and/or process prototypes and/or small series for third parties, either directly or indirectly, within the maker space and thus pursue commercial interests, must sign a corporate membership under the current terms. Otherwise, the operator reserves the right to deny access to the workshops. Furthermore, activities that directly compete with the maker space services may be prohibited and stopped by the maker space. The operator reserves the right to deny access to the workshops.

5. Usage Fee and Payment Terms

5.1

By entering into a membership contract and/or booking introductory courses or other courses and/or concluding an additional agreement, the member agrees to pay the fee for the respective service listed on the website, including the statutory VAT, as communicated before the paid order is placed.

5.2

The basic membership fee depends on the duration, locations, and workshop areas and is determined according to the price list valid at the time of the contract conclusion. The operator may increase the basic membership fee for members who are not consumers during the term of the contract, but not earlier than one (1) year after the start of membership, if the costs directly associated with the operation of the MakerSpace, especially the costs for the acquisition and maintenance of the machines used and the consumables provided, increase. The operator will inform the members of this in advance within a reasonable period. Members who do not accept the increase or the introduction of additional fees for services may terminate the contract with immediate effect within two weeks after receiving the notice about the increase or introduction of additional fees.

5.3

The payment of the basic membership fee is due in advance for memberships with a term of up to one (1) month and is payable immediately. For other memberships, the fee is payable in accordance with the payment intervals specified in the price list, due on the 1st of each month during the contract term. Additional services, especially courses, are due for payment immediately after the conclusion of the respective additional agreement. If a membership starts in the current month, the basic fee for the first month will be calculated pro-rata for a 30-day month.

5.4

If a direct debit or SEPA direct debit mandate is not executed by the member's bank and the due fee is not received by the operator within 30 days after the respective due date, the operator is entitled to charge the member a processing fee of up to EUR 10.00 for each reminder and the bank fees for chargebacks, unless the member proves that no fault lies with them. Further claims by the operator due to payment delays remain unaffected.

6. Deregistration, Termination, and Contract Termination

6.1

Memberships with a fixed term end upon the expiration of this term without requiring a separate termination.

6.2

Memberships without a fixed contract term may be terminated by both the member and the operator with a notice period of 15 days to the end of the month. The same applies to any additional agreements unless expressly stated otherwise.

6.3

The right to terminate without notice for a valid reason remains unaffected.

6.4

The operator is particularly entitled to terminate the membership without notice for an important reason in the following cases:

6.4.1 In case of a serious breach by the member against the house and workshop rules or instructions from the operator's representatives, employees, and agents;

6.4.2 In case of repeated breaches against the house and workshop rules or the instructions from the operator's representatives, employees, and agents;

6.4.3 In case of payment arrears of at least two monthly membership fees; In the event of termination for an important reason, the operator explicitly reserves the right to claim damages from the member in accordance with legal provisions.

6.5

Termination can be made in writing or by email by the member to the operator. Termination by the operator can be made by email to the member's registered email address or in writing to the registered address of the member.

6.6

From the point of termination of the contractual relationship, the operator is entitled to delete the member's access to the website, workshop, courses, and any related data.

6.7

Upon successful deregistration and/or termination of a member, their access and personal data will be deleted, unless they are needed for contract fulfillment. Data that does not allow personal identification may continue to be stored, processed, and used by the operator, even if entered, initiated, or created by the member (e.g., in statistical analyses and comparisons).

6.8

Upon termination of the contract, the member must immediately remove any of their belongings still in the workshop and clear any rented lockers. The operator explicitly objects to any tacit extension of the contract by continued use by the member.

7. Industrial Property and Copyrights

7.1

All intellectual property rights of the operator, particularly those that can be registered as industrial property rights, as well as the copyright usage and exploitation rights to contents, reports, documents (e.g., documentation and manuals), training materials, evaluations, graphics, images and documents, samples, models, copyright-protected results, data processing programs, representations of scientific or technical nature (e.g., plans, sketches, tables), training material, other image and sound works, even if they are not copyrightable (e.g., simple photographs), databases, and designs for such items of the operator (hereinafter referred to as "Works") – the aforementioned list is exemplary and not exhaustive – remain with the operator.
The reproduction, distribution, exhibition, and storage of these Works is only permitted with the express consent of the operator.

7.2

Trademarks, company logos, other marks or protective notices, copyright notices, serial numbers, and identification features of the tools and machines may not be removed or altered.

7.3

The member is only entitled to use protected trademarks, logos, names, or other business identifiers of the operator in any form with the express written consent of the operator.

7.4

The member is aware that during courses and events for the purpose of self-presentation and advertising by MakerSpace, photos of participants may be taken, which may be published. The member agrees to the use, exploitation, and publication of these photos by MakerSpace, even if the member is recognizable in them. For targeted depictions of the member, MakerSpace will obtain separate consent from the member on a case-by-case basis.

8. Liability

8.1

The member is solely responsible for the selection, use, and suitability, as well as the outcome, of the tools and machines used for their purposes and abilities. The member is required to read and follow the safety and usage instructions provided by the manufacturers of the tools and machines. The member is obliged to use the tools and machines according to the instructions of the operator and in accordance with the operating manual. In case of doubt, the member must stop using the tools and contact qualified staff of the operator. If necessary, appropriate protective clothing (safety glasses, protective clothing, etc.) must be worn.

8.2

Claims for damages against the operator are excluded, regardless of the type of breach of duty, including unlawful acts, unless caused by intentional or grossly negligent actions of the operator's legal representatives, executives, or agents, or fall within the scope of a guarantee or assurance expressly provided by the operator for this case.

8.3

Contributory negligence, a violation of the duty to mitigate damages, or a failure to perform contractual cooperation duties by the member will be attributed to the member. MakerSpace is not liable for damages resulting from the member’s culpable violations of these terms and conditions, the house and workshop regulations, disobedience to the instructions of the operator, its legal representatives, or its employees and agents (workshop staff, trainers, etc.), or unauthorized or improper use of the workshop (including its equipment, machines, tools, etc.).

8.4

The operator assumes no liability for the items and storage of items brought into the workshop by the member.

8.5

The above liability limitations do not apply to intentional or fraudulent behavior, liability for guaranteed characteristics, claims arising from product liability under the Product Liability Act, or damages resulting from injury to life, body, or health.

8.6

To the extent that the operator’s liability is limited or excluded, this also applies to its legal representatives, employees, and agents.

8.7

Members are liable for any damage caused to the provided facilities, tools, and machines in accordance with legal provisions.

9. Data Protection

9.1

Members are informed that the operator collects, processes, and uses personal data. The operator adheres to all relevant data protection regulations (EU General Data Protection Regulation and the Federal Data Protection Act). The operator will not disclose or otherwise make the members' personal data available to third parties without authorization.

9.2

The operator's privacy policy can be found here: Privacy Policy MakerSpace. If you wish to obtain further information or revoke your consent to the use of your personal data or object to the use of your personal data, you can contact our Data Protection Officer, Alexander Stolberg-Stolberg, as well as our support at info@maker-space.de.

10. General Provisions

10.1

The law of the Federal Republic of Germany shall apply, excluding the UN Sales Convention. This choice of law applies to consumers only if it does not result in depriving the consumer of the protection afforded to them by provisions that, according to the law that would be applicable in the absence of a choice of law under Article 6(1) of Regulation (EC) No. 593/2008 of the European Parliament and the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I), may not be deviated from by agreement.

10.2

Deviations from these Terms and Conditions shall only be deemed agreed if explicitly confirmed in writing by the operator. In particular, the mere failure to object to other terms and conditions does not result in these being deemed agreed.

10.3

The operator is entitled to change these Terms and Conditions at any time. The operator will notify the member of the change in good time. The change is deemed accepted by the members unless they object or terminate the contract within one month after receiving the notification of the change. In the case of the member’s objection, the operator is entitled to terminate the contract in accordance with the notice period. The operator will specifically point out the possibility of objection and termination, the deadline, and the legal consequences, particularly concerning the failure to object, when informing the member about the changes to the Terms and Conditions. With the announcement of the change, the member will receive an ordinary termination from the operator, which is subject to the condition that the member objects to the change.

10.4

The operator may send statements to the member by email or by mail to the contact details provided by the member in their membership account.

10.5

If any individual provisions of these Terms and Conditions are or become invalid, the validity of the remaining provisions shall not be affected.

10.6

The place of performance and the exclusive jurisdiction for merchants, legal entities under public law, or special public-law assets, for persons who do not have a general place of jurisdiction in Germany, as well as for persons who have relocated their residence or habitual residence abroad after the conclusion of the contract or whose residence or habitual residence is unknown at the time of filing a lawsuit, shall be Munich.

11. Consumer Information and Right of Withdrawal

11.1

If members register at MakerSpace for a purpose that cannot be attributed to their commercial or self-employed professional activity, the following provisions and information apply to these members, provided they are consumers according to the law (§ 13 German Civil Code):

11.1.1 The language available for the conclusion of the contract is exclusively German.

11.1.2 The contract text (AGB and registration) is not stored by the operator. You can save it by printing the registration using your browser’s print function during the online ordering process. You are responsible for storing the contract text in a retrievable form (e.g., by taking screenshots or converting the text to a PDF format).

11.1.3 The essential features of the services offered by MakerSpace, as well as the validity period of limited-time offers, can be found in the individual descriptions on our website www.maker-space.de.

11.1.4 The presentation of MakerSpace offers does not constitute a binding offer. Only the registration and booking of a membership module or course is a binding offer according to § 145 of the German Civil Code (BGB). Upon acceptance of this offer, a confirmation will be sent to the member by email. The contract between the member and MakerSpace is then concluded.

11.1.5 The prices stated by MakerSpace are final prices, including VAT, within the Federal Republic of Germany.

11.1.6 The European Commission's platform for online dispute resolution can be found at http://ec.europa.eu/consumers/odr/. We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.

Right of Withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the date of contract conclusion.

To exercise your right of withdrawal, you must inform us (UnternehmerTUM MakerSpace GmbH, Lichtenbergstr. 6, 85748 Garching, Email: info@maker-space.de, Phone: 089 541 98 70 060, Fax: 089-1894892799) of your decision to withdraw from this contract by an unequivocal statement (e.g., a letter sent by post, fax, or email). You may use the attached model withdrawal form, but it is not mandatory.

To meet the withdrawal deadline, it is sufficient to send the notification of your exercise of the right of withdrawal before the withdrawal period expires.

Consequences of Withdrawal

If you withdraw from this contract, we will refund all payments we have received from you without delay and no later than fourteen days from the day we receive the notification of your withdrawal from this contract. We will use the same payment method for this refund that you used for the original transaction unless expressly agreed otherwise; in no case will you incur any fees for the refund. If you requested that our service begin during the withdrawal period, you will owe us an amount that corresponds to the portion of the services already provided up until the point at which you informed us of your exercise of the right of withdrawal regarding this contract in relation to the total services agreed upon in the contract.