Terms and Conditions (GTC)
for coaching and consulting
§ 1 Application of the General Terms and Conditions
1) The General Terms and Conditions accepted by both contracting parties regulate the terms and conditions between the coach and consultant Birgit Kersting (hereinafter referred to as the coach) and the coachee/trainee as a service contract within the meaning of §§ 611 ff BGB, unless otherwise agreed in writing between the contracting parties became.
2) The contract is concluded when the coachee accepts the coach's general offer of advice in professional and private decision-making situations (coaching). This includes exercises for self-discovery and cognitive restructuring.
3) 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 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.
§ 2 Content of the service contract
1) The coach renders his services to the coachee in the form of applying his knowledge and skills for advice, training and prevention. The coach is entitled to use the methods that correspond to the presumed will of the coachee, provided that the coachee does not make a decision about this.
2) A subjectively expected success of the coachee 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 of the coachee.
If the coachee refuses the use of such discussions, measures or relaxation procedures and only wants to be coached/trained according to scientifically recognized methods, he/she must explain this to the coach.
§ 3 Legal framework of the coach
1) Coaching and training are explicit no practice of medicine, according to HPG § 1 paragraph 2 the coach may not diagnose, heal or alleviate any diseases. The coach is not allowed to take sick leave and he is not allowed to prescribe medication.
2) Coaching and training are no psychotherapy and no substitute for psychotherapy. The coachee bears full responsibility for his/her actions throughout the entire coaching or training process, both during and outside of the coaching or training sessions. Participation in coaching or training requires normal mental and physical resilience.
If the organizer of a group coaching or group training or seminar event is not the coach/trainer, the coachees/trainees do not enjoy insurance cover from him.
§ 3 Participation of the coachee/trainee
1) The coachee is not obliged to actively participate. In most cases, however, counseling only makes sense if the coachee is actively involved. This applies in particular to the provision of necessary information as a basic requirement 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 counseling in the interests of the coachee.
3) The coach is entitled to end the consultation if the trust is no longer given, especially if the coach(es) denies the content of the coaching or training.
The coachee also has the right to end the consultation if trust is no longer given. This must be done in good time - at least one week before the next agreed consultation date and in writing.
§ 4 Remuneration of the coach/trainer
1) The coach is entitled to a fee for his services. If the fees have not been agreed individually between the coach/trainer and the coachee, the rates listed in the coaches' price list apply. All other fee lists or directories do not apply.
2) The fees are to be paid by the coachee after each appointment within 5 days of invoicing without deduction. Terms of payment, installment payments or special conditions must be agreed before the start of the coaching or training and recorded in the coaching or training contract.
3) At agreed appointments that are not used, the coachee irrevocably undertakes to pay the cancellation fee of 100% of the appointment fee. The cancellation fee is payable immediately without notice.
The above payment obligation occurs This does not apply if the coachee 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. Proof of non-appearance through no fault of one's own may be requested by the coach.
4) Appointments that have to be canceled by the coach will not be charged to the coachee. In such a case, the coachee has no claims whatsoever against the coach. He also does not owe any reason.
5) If a coaching or training appointment is arranged outside of the practice location, an additional Reasonable travel and, if necessary, accommodation costs will be charged in addition to the fee.
6) The above conditions also apply to online work via the Internet.
§ 5 Confidentiality of the coaching or training
1) The coach treats the coachee'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 coachee with the express consent of the coachee. The written form can be waived if the information is provided in the interests of the coachee and it can be assumed that the coachee will agree.
2) § 5 paragraph 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 by official or court order. This also applies to information given to legal guardians, but not to information given to spouses, relatives, family members, colleagues or superiors.
3) § 5 paragraph 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.
4) The coach keeps a record of his performance. The coachee is entitled to inspect these recordings; he/she can demand that these records be handed over and, in this case, will receive a copy of the information recorded there. § 5 paragraph 2 remains unaffected.
5) If the coachee requests a detailed protocol of the coaching or training, the coach/trainer will create this for a fee based on the actual time spent from the records.
§ 6 Disagreements
Differences of opinion from the coaching or training contract and the general terms and conditions should be settled amicably. To this end, it is advisable to submit counter-proposals, differing opinions or complaints in writing to the other contracting party.
§ 7 Severability Clause
Should individual provisions of the consulting contract or the general terms and conditions be or become invalid or void, the effectiveness of the consulting contract as a whole will not be affected. Rather, the invalid or void provision is to be freely interpreted and replaced by a provision which comes closest to the purpose of the contract or the will of the parties.