§ 1 Applicability
(1) The following terms apply to all legal relations between me and the coachee for coaching and consulting.
(2) These Terms and Conditions apply both to business clients within the meaning of § 14 BGB as well as to consumers within the meaning of § 13 BGB.
(3) Future changes of the contract should be concluded in text form, when possible.
§ 2 Registration / Conclusion of Contract
(1) The coaching contract will be concluded with Nicole Linke Personal Training, Putbusser Str. 08, 13355 Berlin.
(2) The contract can be concluded in person at my place, by means of telecommunication, on my website or otherwise.
(3) When ordering on my website, coachees may first place a package / an appointment into the shopping cart without commitment and provide their information for the conclusion of the contract. Coachees may change the services in the shopping basked and their information at any time by using the provided navigational buttons. If a contract is concluded on my website, the coachee makes a binding offer to enter into a contract by clicking on the “order and pay“ button on my website. The contract is then concluded by my confirmation e-mail, in which the coachee will also find these Terms and Conditions and the cancellation instructions attached in text form.
(4) The language of the contract is German.
(5) I will keep and store a written contract, but a contract may also be concluded orally. We will not store contracts concluded on our website.
(6) I may withdraw from the contract for coaching sessions if there is an important reason to deny participation in the person of the coachee.
§ 3 Payment / Default
(1) The coachee has to pay the contractually agreed fee for the coaching. If no fee has been agreed upon, my published hourly rates or, in the absence of those, the customary local and reasonable fees will apply. The coachee has to pay in advance, unless otherwise agreed in the offer or if the coachee has been granted a payment plan.
(2) In addition, the coachee has to reimburse me for the actual expenses for carrying out the coaching, for which I will have to provide receipts.
(3) If the coachee is in default with the payment, 1.50 € will have to paid for each (further) reminder. The coachee retains the right to prove I have had lower or no expenses. I retain the right to all other statutory claims in case of default.
(4) When booking through the website, the coachee can choose between the following payment methods:
- PayPal, in which case the payment will be made according to the agreement between the coachee and PayPal; further information can be found in the terms and conditions of PayPal.
(5) If a return debit by the coachee causes fees, the coachee has to pay these fees if the coachee bears the responsibility for it, meaning that it was not justified.
(6) If prepayment has been agreed, I may check before carrying out the coaching if the coachee has paid the agreed fee and may request proof of payment. If the coachee cannot provide this evidence, I may request the coachee to pay the fee for the coaching at the venue (if there is a double payment, one payment will of course be refunded) or, if the coachee does not pay, refuse participation in the coaching.
§ 4 Content and Venue of the Coaching
(1) The depiction and description of the coaching and of a potential coaching venue in my internet only serves to illustrate and is only an approximate information. Complete adherence thereto is not guaranteed.
(2) I may adapt the content or the schedule of the coaching for professional reasons, for example when the coaching content requires an update or development, unless this would change the coaching content substantially in a way that would be unacceptable for the coachee.
(3) I may change the venue and time of the advertised coaching if the change is conveyed to the coachee in due time and if it is acceptable for the coachee.
§ 5 Coachee’s Obligations in Participation
(1) The coaching is based on preparatory talks. It is based on cooperation and mutual trust.
(2) The coachee is not obligated to undergo the coaching or to implement the recommendations given.
(3) During the coaching, coachees bear sole responsibility for their physical and psychological well-being.
(4) The coachees recognize that all steps and measures implemented as part of the coaching lie within their own realm of responsibility.
§ 6 Cancellation of theCoaching
(1) I may cancel the coaching if I or a third party, which has been instructed by me to provide services, suffer from an event such as a riot, strike, lock-out, natural disaster, storm, traffic problem or illness, which prevents me from holding the coaching at the agreed time without my own culpability.
(2) I must inform the coachee of a possible cancellation as soon as possible.
(3) In case of cancellation pursuant to paragraph 1, the coachee is not entitled to compensation.
(4) In case of cancellation, I will offer a substitute date to the coachee. If no agreement is reached on this, I will refund the course fees already paid.
(5) The refund only covers the amount which I actually received, i.e. minus the expenses and fees caused by the payment method chosen by the coachee. The coachee may reduce or prevent these expenses by choosing a payment method with lower fees.
§ 7 Hindrance of the Coachee
(1) If the coachee withdraws from the coaching or refuses to participate for a different reason, the coachee must pay the coaching fee. But I have to deduct the expenses saved due to the coachee’s non-participation and what I have earned by applying my services elsewhere or what I willfully failed to earn.
(2) I am generally under no obligation to accept a replacement coachee, even if the coachee offers a replacement coachee for a canceled coaching. If the replacement coachee is proposed in due time, I do however lose the right to payment under paragraph 1.
§ 8 Cancellation
(1) Consumers within the meaning of § 13 BGB have a right of cancellation if the contract has been concluded by a distance-selling method (if I and the consumer were not present at the same place simultaneously). Consumers are natural persons who conclude a contract for a purpose that can neither be attributed to their business, nor to their self-employed professional sphere.
Right of Cancellation
You have the right to withdraw from this contract within fourteen days without providing reasons. The 14 days are counted from the day of the conclusion of the contract.
To exercise the right of cancellation, you must inform us, Nicole Linke Personal Training, Putbusser Str.08, 13355 Berlin, e-mail: firstname.lastname@example.org, unequivocally about the decision to withdraw from this contract (for example by letter or e-mail). For that purpose, you may but don’t have to use the attached standard withdrawal form.
The cancellation notice is deemed to have been issued in due time if you mail off the notice about exercising the right to withdrawal before the end of the deadline.
Consequences of the cancellation
If you withdraw from this contract, we must refund all payments, which we have received from you, without delay and no later than fourteen days from the day on which we have received the cancellation notice for this contract. For the refund, we will use the same payment method that you used for the original transaction, unless otherwise and explicitly agreed with you. In neither case will we charge you any fees in connection with this refund.
If you have requested that the services begin during the cancellation period, you have to pay an adequate amount to us for the part of the services rendered up to the time when the right to withdraw from the contract was exercised (as a pro-rata share of the full extent of the services covered by the contract).
Standard withdrawal form
(If you wish to cancel the contract, please fill out this form and mail it to us.)
– To Nicole Linke, Putbusser Str. 8, 13355 Berlin , e-mail: email@example.com:
|To Nicole Linke Personal Training, Putbusser Str. 08, 13355 Berlin: Hereby, I/we (*) cancel the contract concluded by me/us (*) about the provision of the following services: coaching ordered on (*) / received on (*) name of consumer(s) (*) address of consumer(s) (*) signature of consumer(s) (only if sent on paper) date (*): Delete as applicable.|
§ 9 Copyright and Intellectual Property Rights, Recordings
(1) All of my coaching documents are protected by copyright law. This concerns the content on the my website, presentations, lecture notes and other coaching documents. The coachee is not permitted to copy, to distribute or to make public any such documents.
(2) The coachee is not allowed to make picture, film or audio recordings of the coaching without my explicit permission.
(3) I will ask the coachee if the coaching sessions may be recorded for internal purposes exclusively. It is within the coachee’s free discretion to grant that permission.
§ 10 Confidentiality
(1) I pledge to keep all information gained in the course of my activity, whether it is about the coachee’s operational, business or private matters, confidential, including after the termination of the contract.
(2) I pledge to store the documents received for the purpose of the coaching in a safe manner and to protect them against access by third parties.
(3) This does not apply if I am mandated legally to provide information.
§ 11 My Liability
(1) Coaching is the individual development of methods, behaviors and attitudes and thus always highly dependent on the coachee’s cooperation. I cannot guarantee a specific outcome of the coaching.
(2) My statements and recommendations only prepare the coachee’s business or personal decision. They cannot replace it in any way.
(3) The coachee has the statutory rights.
(4) In Germany, I have liability insurance for my coaching business with Hiscox SA Insurance, Arnulfstr. 31, 80636 München, up to the amount of 3.000.000 €.
(5) For online coaching sessions, I am only liable for the correct introduction of the data to the internet at my point of access. I am not liable if the properly introduced data do not reach the coachee in sufficient quality. In particular, I am not liable for the coachee’s receiving configuration or network operators’ errors.
§ 12 Mediation
(1) In the cases of disputes arising from the business relationship between me and the coachee, both parties must strive to find an amicable solution. If no agreement can be reached, both parties undertake to set aside their differences in a mediation before going to court. This has no bearing on the right to file for an injunction or temporary relief. The mere non-payment of the coaching fees without providing reasons is no dispute within the meaning of this clause.
(2) If a party requests mediation from the other party, both parties have to agree on a mediator within eight days. If such an agreement is not reached within due time, upon the request of one of the parties, an attorney – preferably one who offers online mediation – has to be appointed as mediator with binding effect for the parties by the chairperson of the Bar Association of the provider’s jurisdiction or one of his/her deputies. This jurisdiction is also the place for the mediation, unless the board of the association will propose an online mediation. The language of the mediation is German, unless all participants agree on a different language.
(3) Addressing a court (or an alternative arbitration procedure, if agreed) is only permitted once the mediation has failed because (a) the parties have unanimously declared the mediation to be over, (b) one party refuses further negotiations after the first mediation session, (c) the mediator has declared the mediation to have failed or (d) no agreement has been reached within 3 months after the beginning of the first mediation session, unless the parties extend this deadline unanimously.
(4) The costs of an unsuccessful mediation are borne by both parties at equal parts in relation to the mediator. Notwithstanding this rule in relation to the mediator, the parties are free to demand reimbursement of these costs and lawyer’s fees, if applicable, in a subsequent proceeding; this will be governed by the relevant decision. If the parties reach an agreement, they may also come to an agreement on costs.
§ 13 Data Protection
(1) For the contract, contractual data are collected in accordance with Art. 6 para. 1 (b) GDPR (for example name, address and e-mail address, possibly also services used and all other electronically or for the purpose of storage transmitted data, which are required for the performance of the contract), insofar as they are required for the conclusion, negotiation or amendment of a contract.
(2) The contractual data will only be passed on to third parties insofar as it is necessary to perform the contract (in accordance with Art. 6 para. 1 (b) GDPR), for the overwhelming interest in an effective performance (in accordance with Art. 6 para. 1 (f) GDPR) or if consent has been given (in accordance with Art. 6 para. 1 (a) GDPR) or if there is another statutory permission. The data will not be passed on to a country outside of the EU, unless the EU Commission has determined a similar level of data protection as in the EU, consent has been provided or standard contractual provisions have been agreed with the third-party provider.
(3) Concerned individuals may at any time and free of charge request information about the personal data stored about them. They may at any time request that incorrect data be corrected (also by way of adding information) as well as the limitation of the processing of their data, or even the deletion of their data. This applies in particular if the reason for the data processing no longer exists, if a required consent has been withdrawn and there is no other legal basis, or if the data processing is illegal. The personal data will then be corrected, blocked or deleted without delay and according to statutory requirements. It is always possible to withdraw the consent for the processing of personal data which had been given previously. This may be done without any formal requirements, for example by e-mail. The withdrawal has no effect on the legality of the data processing carried out up to that point. There is a right to request the transfer of the contractual data in machine-readable form. In the case of a suspected violation of rights by the data processing, a complaint may be filed with the competent supervisory authority.
(4) The data will generally only remain stored as long as the purpose of the respective data processing calls for it. Storage beyond that time is possible if it is necessary to pursue legal claims or for legitimate interests or in cases of a statutory obligation to store the data for longer (for example tax-law requirements to maintain records, statute of limitations).
§ 14 European Dispute Resolution
(1) Beyond the mediation described in this contract, we point you to the online dispute resolution in accordance with Art. 14 para. 1 ODR Regulation: The European Commission provides a platform for online dispute resolution (ODR), which you can find at http://ec.europa.eu/consumers/odr/. This is an option for the out-of-court settlement of consumer disputes in online contracts.
(2) We are neither mandated nor willing to take part in an arbitration proceeding before a consumer arbitration organisation.