DE
General Terms and Conditions.
Terms & Conditions for Coaching Services
Description of Coaching Coaching is a partnership (not a legal business partnership) between the Coach and the Client in a thought-provoking and creative process intended to support the Client in maximizing personal and professional potential. Coaching facilitates the creation of goals and the development of strategies for achieving them. Coaching is not a substitute for legal, financial, psychological, medical, or other professional advice.
Coach-Client Relationship
- The Coach adheres to the ethical standards set by the International Coaching Federation (ICF): https://coachingfederation.org/ethics
- Coaching does not involve the diagnosis or treatment of mental disorders and is not a substitute for therapy, counseling, or any form of mental healthcare.
- The Client is fully responsible for all decisions, actions, and results arising from coaching.
- If currently under medical or psychological care, the Client is encouraged to inform their healthcare provider of their participation in coaching.
- Services are only available to individuals aged 18 or older.
Services
- Sessions are typically delivered online.
- Face-to-face sessions or workshops may be agreed upon individually.
Contract Duration
- This agreement takes effect upon written confirmation, first payment, or booking via Stripe.
- Sessions must be used within 12 months; unused sessions are forfeited and non-refundable.
- In some cases, an additional written contract may supplement these Terms.
Fees & Payments
- Coaching fees are exempt from VAT under small business regulation (Kleinunternehmerregelung §19 UStG).
- All sessions must be prepaid or paid by invoice (due in 10 calendar days unless agreed otherwise).
- Late payments: 5% monthly penalty; after 10 days, the Coach may suspend services and initiate collection.
- Clients are responsible for all bank fees, currency conversion, or transfer charges.
Refund & Transfer
- No refunds. Transfers allowed only with the Coach's written approval and a new agreement.
Cancellation
- Rescheduling is possible with at least 24 hours' notice. Less than 24h or no-show = full session fee.
- Coach cancellations will be rescheduled at no charge.
Confidentiality
- All client information is confidential under the ICF Code of Ethics.
- Exceptions: legal obligations, danger to self/others, illegal acts, public knowledge, or third-party disclosure.
- Clients must not record sessions without prior consent.
Data Privacy
- Personal data is processed in accordance with the German Federal Data Protection Act (BDSG) and the EU GDPR.
- Data is used solely for providing coaching services. Clients can request access, correction, or deletion.
- Anonymized use of AI tools for session reflection may occur; clients may opt out in writing.
Release of Information
- Client consents to sharing limited information (name, contact, coaching dates) for certification if required.
- Recordings only with explicit consent.
- Coaching topics may be shared anonymously for supervision or mentoring.
Record Retention
- Coaching records are kept for 10 years unless earlier deletion is legally required or requested.
Termination
- This agreement is valid indefinitely and applies only when coaching is booked.
- Either party may terminate with 30 days' written notice.
- Immediate termination is possible in cases of misconduct, harassment, or non-payment. Remaining sessions may be refunded at the Coach’s discretion.
Limitation of Liability
- Coaching is not therapy. No guarantees of success or outcome.
- Liability is limited to the total fees paid.
- Client waives claims for emotional, reputational, or economic damages.
- No third-party rights. The agreement binds only Coach and Client.
- The Client agrees to indemnify the Coach from claims resulting from misuse of coaching advice.
Intellectual Property
- All materials remain the intellectual property of the Coach. Use outside personal context requires written consent.
Entire Agreement
- These Terms constitute the entire agreement unless supplemented by a separate written coaching agreement.
- Changes must be made in writing and agreed by both parties.
Dispute Resolution
- Disputes shall first be resolved through good-faith mediation.
- Legal venue: Krefeld, Germany. Jurisdiction: German law.
- The prevailing party is entitled to reimbursement of legal costs.
Severability
- Invalid provisions do not affect the validity of the remainder of the agreement.
Waiver
- Failure to enforce a clause does not waive future enforcement.
Governing Law & Jurisdiction
- German law applies exclusively. Jurisdiction: Krefeld, Germany.
- Clients outside Germany waive foreign consumer protection laws to the extent legally permissible.
Binding Effect
- This Agreement binds both parties and any legal successors.
Language
- English version is binding. In case of translation, the English version prevails.
Force Majeure
- Neither party is liable for delays or non-performance due to events beyond their control (e.g., war, pandemic, natural disaster).
Right of Withdrawal / Waiver (EU Consumers)
- Clients residing in the European Union have the right to withdraw from online purchases within 14 days under EU consumer law. However:
- By booking coaching services and making payment via Stripe,
- the Client explicitly requests that the Coach begins providing services before the 14-day withdrawal period ends, and
- acknowledges and agrees that the right of withdrawal is lost once the service has been fully performed (§ 356 (4) BGB).
By proceeding with booking and payment, the Client confirms they have read, understood, and agree to these Terms & Conditions.
