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Terms Of Service
GENERAL TERMS OF BUSINESS For Coaching and Seminars
Agile Coach | Executive Leadership Coaching
Oberer Mühlfeldweg 1c
Phone: +49(0)1 76 – 24 00 24 13
Value added tax ID
Sales tax identification number according to § 27 a sales tax law:
Tax ID: 163/254/21154
Scope of application
1.1 The following General Terms and Conditions apply to all legal transactions of the coaching/seminar organizer (hereinafter referred to as “the coach”.) under this contract with its contractual partner, hereinafter referred to as “participant”.
1.2 The participant will be notified in writing of any changes to these terms and conditions. They shall be deemed to have been accepted if the participant does not object in writing. The participant must send the objection to the organizer within 2 weeks after notification of the changes.
Subject of the contract
2.1 The organizer offers coaching events and seminars. These can be attended by a maximum of 100 participants. The Organiser will publish a precise description and list of the services offered, among other things, in his business premises, his Internet presence and in other media used by him.
2.2 Basic subject of the contract/task description:
2.2.1 The Coach provides his services to the Coachee(s) in such a way that he/she uses his/her knowledge and skills for the purpose of consulting, training and prevention. The Coach shall be entitled to use the methods that correspond to the Coachee’s presumed will, unless the Coachee decides otherwise.
2.2.2 A subjectively expected success of the Coachee cannot be promised or guaranteed. The subject matter of the contract is therefore the provision of the agreed coaching or training service, not the achievement of a specific goal of the Coachee(s).
Conclusion of contract
3.1 A contract with the organizer is concluded through the transmission and confirmation of the completed and signed participation declaration by mail, fax, electronic mail or by oral agreement and subsequent submission of a written participation declaration.
3.2 Each participant receives a letter of confirmation or rejection after receipt of his declaration of participation.
3.3 The declaration of participation is binding and can only be declared invalid after consultation with the organizer against payment of a processing fee of 150 EUR.
3.4 In the case of a group registration, e.g. in the case of a works outing, the Organiser shall conclude a participation contract for and on behalf of the group with the person responsible for the participants or with the person authorised to give instructions. This is also binding.
3.5 The Organiser reserves the right to cancel or terminate the event up to 4 weeks before the start of the event after all possibilities have been exhausted, if this is not reasonable because the number of bookings for this event is so low that the costs incurred in relation to this event would mean that the economic sacrifice limit would be exceeded.
3.6 However, the Organiser only has the right to withdraw from the contract if he can prove the circumstances leading to the withdrawal and has submitted a comparable alternative offer to the participant. The participation fee paid will be refunded immediately.
3.7 In addition, the Organiser will reimburse the participant’s booking expenses in a lump sum, provided that the participant does not make use of the substitute offer.
Duration of contract and remuneration
4.1 The contract begins and ends at the specifically and individually agreed time.
4.2 The Coach is entitled to a fee for his services. If the fees have not been individually agreed between the Coach/Trainer and the Coachee, the rates listed in the price list of the Coaches shall apply. All other fee lists or directories shall not apply.
4.3 In the event that the Coachee does not make use of the agreed dates, the Coachee irrevocably undertakes to pay the cancellation fee in the amount of 100% of the appointment fee. The cancellation fee is payable immediately without notice.
4.4 Terms of Payment: The participation fee for the respective event is based on the current price table of the Organizer at the time of the conclusion of the contract.
The participant can pay by
- Bank transfer
to meet his payment obligations.
In the case of individual coaching, the fee is invoiced monthly per session or as a collective invoice and is due immediately without deduction.
4.5 All payments are due 10 days after invoicing without any deduction. If the payment dates are exceeded, the organizer is entitled to default interest of 2% – above the reference interest rate of the European Central Bank according to the Discount Rate Transition Act – without further reminder. The right to assert a claim for damages exceeding this amount remains unaffected.
4.6 Cash expenses and special costs incurred by the Organiser at the express request of the participant will be charged at cost price.
4.7 All services provided by the Organiser are exclusive of the legally applicable value added tax of 19%.
Scope of services and unused services
5.1 The scope of services depends on the respective contract between the organizer and the participant.
5.2 If individual services are not used by a participant, the organizer reserves the right to charge the entire participation fee. This does not apply if the participant can prove that no damage or only minor damage has occurred.
In case of illness or force majeure the organizer will not charge the agreed service.
5.3 Cooperation of the Coachee/Trainees
1) The coachee is not obliged to actively participate. In most cases, however, counselling only makes sense if the coachee actively participates. This applies in particular to the provision of necessary information as a basic prerequisite for coaching or training as well as for active participation in other methods.
2) The refusal of a recommended or necessary medical examination can also be decisive for the progress of further consultation in the sense of the coachee(s).
3) The Coach is entitled to terminate the consultation if the trust is no longer given, especially if the Coachee(s) denies the coaching or training contents.
4) The Coachee also has the right to terminate the consultation if the trust is no longer given. This must be done in time – at least one week before the next agreed upon consultation date and in writing.
General conditions of participation
6.1 The participant is in breach of contract if, despite a warning, he persistently disrupts the event or if he behaves in a manner that is significantly contrary to common decency, so that a smooth running of the event cannot be guaranteed. In this case the organizer reserves the right to exclude the participant from the event. The organizer reserves the right to charge the participation fee. The participant is at liberty to provide evidence of lower expenses.
6.2 The seminar leader/coach/trainer is authorized to give instructions to the participants for the duration and within the scope of the event.
6.3 Each participant shall sign a separate release from liability with regard to personal injury and property damage resulting from participation in the seminar/coaching/training.
6.5 The participants commit themselves not to be under the influence of alcohol or other narcotics, which can impair the ability to react and the physical well-being. In case of violations of this, the organizer is entitled to exclude the participant from the event.
6.6 Prior to the event, the trainer/coach/seminar leader of the organizer must be informed about health problems and possible illnesses so that the respective participant can be protected from harm in the best possible way.
6.7 In case of recognizable health problems, the organizer is entitled to exclude the participant concerned from the event. The organizer reserves the right to invoice the participation fee proportionately. The participant is at liberty to provide evidence of lower expenses.
6.9 Events and seminars, especially those in the so-called outdoor area, are never without a residual risk. Each participant is only insured against accidents and salvage within the scope of his own accident insurance.
Obligation of secrecy
7.1 The Organiser undertakes to maintain secrecy about all business and trade secrets of the participant/client during the duration of an event and also after its conclusion.
7.2 The Coach shall treat the data of the Coachee(s) confidentially and shall only provide information regarding the contents of the conversations and exercises, as well as the accompanying circumstances and the personal circumstances of the Coachee(s) with the express consent of the Coachee(s). The written form may be waived if the information is provided in the interest of the Coachee and it can be assumed that the Coachee will agree.
7.3 § 7 (2) shall not apply if the Coach is obliged by law to disclose the data, for example in case of criminal offences, or if the Coach is obliged to disclose the data upon official or court order. This also applies to information to persons with custody, but not to information to spouses, relatives, family members, colleagues or superiors.
7.4 § 7 paragraph 2 is also not applicable if personal attacks against the Coach or his professional practice take place in connection with the counselling, training and prevention and he can exonerate himself by using accurate data or facts.
7.5 The Coach shall keep records of his performance. The Coachee shall be entitled to inspect these records; he/she may demand that these records be handed over and in this case he/she shall receive a copy of the information recorded there. § 7 (3) remains unaffected.
7.6 The Coachee is not entitled to receive a detailed protocol of the coaching or training and cannot demand the handing over of such protocol.
8.1 The organizer is liable in cases of intent or gross negligence in accordance with the statutory provisions. The liability for guarantees is independent of fault. In cases of slight negligence, the Organiser shall be liable exclusively in accordance with the provisions of the Product Liability Act, on account of injury to life, body or health or on account of breach of material contractual obligations. However, the claim for damages for the slightly negligent violation of essential contractual obligations is limited to the foreseeable damage typical for the contract, unless liability is assumed for injury to life, body or health. The organizer is liable to the same extent for the fault of vicarious agents and representatives.
8.2 The provision of the above paragraph (8.1) extends to damages in addition to performance, damages in lieu of performance and claims for compensation for futile expenditure, regardless of the legal grounds, including liability for defects, delay or impossibility.
Right of withdrawal
You have the right to revoke this contract within fourteen days without giving reasons. The revocation period is fourteen days from the date of conclusion of the contract. In order to exercise your right of revocation, you must inform us:
CNA Executive Leadership Coach
Oberer Mühlfeldweg 1c
Phone: +49(0)1 76 – 24 00 24 13
by means of a clear statement (e.g. a letter, fax or email sent by post) of your decision to revoke this contract. You may use the attached model revocation form for this purpose, but this is not mandatory.
You may also electronically complete and submit the model cancellation form or other unique declaration on our website [insert Internet address]. If you make use of this option, we will immediately (e.g. by e-mail) send you confirmation of receipt of such a revocation.
In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the end of the revocation period.
Consequences of the revocation
If you revoke this Agreement, we shall reimburse you for all payments we have received from you, including delivery charges (other than any additional charges arising from your choosing a different method of delivery from the cheapest standard delivery offered by us), immediately and no later than fourteen days from the date on which we receive notice of your revocation of this Agreement. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund.
If you have requested that the services should commence during the cancellation period, you shall pay us a reasonable amount corresponding to the proportion of the services already provided by the time you notify us of the exercise of the right of cancellation in respect of this Agreement compared to the total amount of services provided under the Agreement.
Other provisions – severability clause
Should individual provisions of the consultancy contract or the General Terms and Conditions be or become invalid or void, the validity of the consultancy contract as a whole shall not be affected. Instead, the invalid or void provision shall be freely interpreted and replaced by a provision which comes closest to the purpose of the contract or the will of the parties.
Marquartstein (Germany), 7th of July 2020