Terms and Conditions
§ 1 Subject of the General Terms and Conditions
1) The General Terms and Conditions accepted by both contractual partners regulate the terms and conditions between the coach Sybille Postel, Hermann-Löns-Straβe 20 in 25746 Heide / Holstein (hereinafter referred to as the coach) and the coachee/trainee (hereinafter referred to as the customer) as a service contract in the sense of the word §§ 611 ff BGB unless otherwise agreed in writing between the contracting parties.
2) The subject of the contract is the provision of coaching or training, consulting and other services for personality development for the online and non-online area by the coach himself or trainers employed by him at the customer's site. In particular, these services do not include the preparation of the training rooms or the creation of handouts, which must be commissioned separately.
3) The contract is concluded when the customer accepts the general offer of the coach, the training courses including advice (coaching). This includes exercises and counseling for cognitive restructuring.
4) The coach is entitled to refuse a service contract without giving reasons if the required relationship of trust cannot be expected, if he cannot or may not coach and advise due to his specialization or for legal reasons, or if there are reasons that make him in could bring conflicts of conscience. In this case, the coach's fee claim for the services rendered up to the rejection of the consultation remains intact.
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§ 2 Legal positions of the contractual partners
1) The coach works as an independent entrepreneur for the customer.
2) The coach can also use other independent coaches and trainers to fulfill the contract. These are also active as entrepreneurs using their own companies and an advertising presence.
3) The coach can also use his employees or employees to fulfill the contract.
4) The contracting parties are not authorized to act legally on behalf of the other contracting party, to make or accept declarations and/or to establish obligations or responsibilities for the other contracting party.
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§ 3 Content of the coaching contract
1) The coach renders his services to the client in the form of applying his knowledge and skills for training, advice, education and prevention. The coach is entitled to use the methods that correspond to the presumed will of the customer, provided that the customer does not decide this.
2) Some online courses can be booked via this website and take place online. The type and scope of the services included in the respective online course can be viewed at any time on the website. For participation, the coach provides access to data for the online course, which is broadcast as a video conference.
3) A subjectively expected success of the customer cannot be promised or guaranteed. The subject of the contract is therefore the provision of the agreed coaching or training service, not the achievement of a specific goal for the customer.
4) The coach offers the customer a concept for personal consulting services that are individually tailored to the customer. The concept contains an individual training and course concept for personality development, various recommendations for individual training content, and self-help advice. The concept tries to take into account all of the customer's needs and abilities, provided that the coach is aware of them. The coach guarantees the customer individual advice and personal support.
§ 4 Legal position of the coach
1) Coaching and training are expressly not an exercise in medicine, so the coach is not allowed to diagnose, heal or alleviate any diseases under HPG § 1 Paragraph 2. The coach is not allowed to take sick leave and he is not allowed to prescribe medication.
2) Coaching and training are not psychotherapy and are not a substitute for psychotherapy. The customer bears full responsibility for his actions during the entire coaching or training process, both during and outside of the coaching or training appointments. Participation in coaching or training requires normal mental and physical resilience.
§ 5 Customer's duties to cooperate
1) The customer is not obliged to actively participate. In most cases, however, training or advice only makes sense if the customer is actively involved. This applies in particular to the provision of the necessary information as a basic requirement for coaching as well as for active participation in personal development training and self-help courses.
2) The refusal of a recommended or necessary medical examination can also be decisive for the progress of the training or further advice in the interests of the customer. In every course or individual training session, an incorrect self-assessment and ignoring the corrections and advice of the coach can lead to damage.
3) Performing exercises can be physically very strenuous so health risks cannot be completely ruled out by the customer as part of the training. The coach points out that every customer has to have their fitness for sport certified by a doctor upon request.
4) If there are risk factors before, during or after pregnancy, heart and/or circulatory problems, lung diseases, joint problems or other health problems and diseases, it is strongly recommended to use the courses, especially without the personal presence of the coach on site (concerns online courses), to consult an appropriate medical specialist. The coaching exercises and instructions, instructions and advice provided by the coach must be followed.
5) If pain, circulatory problems or other health problems occur during participation in the course or the execution of the course exercises, the course should be terminated and a doctor should be consulted for clarification. The course should only be continued after approval by the doctor.
6) Furthermore, the customer and participant in the online courses are responsible for ensuring that there is a sufficiently large area to carry out the exercises at the place of participation. The exercise area must be selected in such a way that objects cannot fall due to accidental knocks on furniture etc. Clothing and equipment must be chosen so that the participant cannot injure himself or slip.
7) The coach is entitled to end the coaching if the trust is no longer given, especially if the customer denies the coaching or training content.
§ 6 Remuneration and terms of payment
1) The coach is entitled to a fee for his services. If the fees have not been agreed upon individually between the coach/trainer and the client, the rates listed in the coaches' local price list apply. All other fee lists or directories do not apply.
2) The fees are to be paid after each appointment by the coachee via PayPal after invoicing without deduction within 15 days of receipt by the customer. Terms of payment, installment payments or special conditions must be agreed upon before the start of the coaching or training and recorded in the coaching or training contract.
3) If agreed appointments are not used, the customer irrevocably undertakes to pay the cancellation fee of 100% of the coaching fee. The cancellation fee is payable immediately without notice. The above payment obligation does not apply if the customer cancels 24 hours before the start of the agreed appointment or is prevented from appearing through no fault of their own, e.g. in the event of an accident. In these cases, an alternative date will be agreed upon. Proof of non-appearance through no fault of one's own may be requested by the coach.
4) Appointments that have to be cancelled by the coach will not be charged to the customer. In such a case, the customer has no claims whatsoever against the coach. This also owes no statement of reasons.
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§ 7 Duration of contract and cancellation policy
1) In principle, only fixed-term contracts are concluded between the contracting parties until the end of the course period. You can withdraw from a course at any time. In principle, refunds of the course fee are excluded.
2) If there are serious reasons (e.g. illness with a medical certificate), the further procedure will be checked by the coach. In any case, the pro rata fee up to the day of the report and the processing fee of a maximum of EUR 10.00 will be retained
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§ 8 Disclaimer
1) The coach is generally not liable for damage to the customer unless this is based on a breach of an essential contractual obligation or liability for damage to the customer resulting from injury to life, limb or health or liability for damage caused by an intentional or grossly negligent breach of duty by the coach. Significant contractual obligations are those whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner may regularly rely.
2) The customer or course participant is expressly advised not to bring any valuables with them. The coach does not assume any surveillance or duty of care for valuables brought in, nor any liability for such.
3) The coach is not liable for damage caused by overconfidence on the part of the customer or course participant. If the customer does not comply with the participation requirements mentioned or does not follow the coach's instructions and if he suffers damage as a result, the coach's liability is excluded. In particular, the coach is not liable for damage, lost profits or other financial losses of the customer.
4) Insofar as the coach's liability is excluded or limited, this also applies to the personal liability of his employees, workers, employees, representatives and vicarious agents.
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§ 9 Copyright and Rights of Use
The coach owns the copyright of the content presented on this website. The following actions are expressly prohibited:
• Publication of content from this website in other media
• Selling, sublicensing and otherwise marketing content from this website
• public performance and presentation of content from this website
• Using this website in a way that harms or could harm the Coach
• Conduct data mining, data harvesting, data extraction or similar activities concerning this website
• Use of this website for advertising or marketing
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§ 10 Confidentiality of the coaching or training
1) The coach treats the customer's data confidentially and only provides information regarding the content of the discussions and exercises, as well as the accompanying circumstances and the personal circumstances of the customer with the customer's express consent.
2) Section 10 (1) does not apply if the coach is obliged by law to pass on the data, for example in the event of criminal offenses, or is obliged to provide information based on an official or court order. This also applies to information given to legal guardians, but not to the information given to spouses, relatives, family members, colleagues or superiors.
3) Section 10 (1) is also not to be applied if personal attacks against the coach or his professional practice take place in connection with the advice, training and prevention and he can exonerate himself by using correct data or facts.
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§ 11 Data protection
The data received with the registration and the execution of the coaching will only be collected, processed and used by the coach for the execution of the contract and to fulfill the legal obligations - in compliance with the legal data protection regulations. All data transmitted to the coach will of course be treated confidentially. The coach does not make this data available to others unless the coach is obliged to disclose this data by the authorities or by law. The data will not be passed on to other third parties. Everything else is regulated by the data protection declaration.
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§ 12 Final Provisions
1) Additional agreements to this contract have not been made. Changes or additions must be made in writing to be legally effective.
2) If the customer is a merchant or has no place of jurisdiction in the Federal Republic of Germany, Heide/Holstein is agreed as the place of jurisdiction.
3) Duty to provide information under the Consumer Dispute Settlement Act (§ 36 VSBG): The Coach is neither willing nor obliged to participate in dispute settlement proceedings before a consumer arbitration board.
4) The customer is not entitled to assign his claims from the contract.
5) The law of the Federal Republic of Germany applies.
6) The contract is processed with the help of automatic data processing. The customer hereby gives the coach his express consent to the processing of data that has become known in the context of contractual relationships and is necessary for the execution of the contract.
7) Should individual provisions of these conditions be or become wholly or partially invalid, this shall not affect the remaining provisions of the contract.