§ 1 Scope of application

 

1. The General Terms and Conditions accepted by both contracting parties govern the terms and conditions  Mindful Mama, Amanda Graybill, owner, Offenbacher Landstrasse 453, 60599 Frankfurt, +49015203441717, amanda@mindfulmamafrankfurt.com, hereinafter referred to as "Coach" and the customer, hereinafter referred to as "Client", as a consulting or coaching contract within the meaning of §§ 611 et seq. BGB, unless otherwise agreed in writing between the contracting parties.

2. The Coach offers various coaching sessions in the area of pregnancy, parenting, and mindfulness. These are live coaching in presence and/or online coaching. Unless specifically designated otherwise, these are hereinafter collectively referred to as "coaching sessions".

3. These General Terms and Conditions apply both to companies in accordance with Section 14 of the German Civil Code (BGB) and to consumers in accordance with Section 13 BGB.

4. The provisions in the respective consulting contract and these General Terms and Conditions apply exclusively. Deviating terms and conditions of the Clients are not accepted. This also applies if the Coach does not expressly object to their inclusion.

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§ 2 Conclusion of contract

 

1. The Client books an appointment for participation in a coaching session. A booking can be made in person, by e-mail, by contact form or via the Coach's website . The Customer's booking is binding.

2. In any case, the contract is only concluded when the Coach confirms the Client’s booking. With the booking confirmation or in a separate e-mail, the Coach sends the text of the contract (consisting of booking, GTC and booking confirmation) to the Client on a permanent data carrier (e-mail or paper printout) (contract confirmation). The text of the contract is stored in compliance with data protection regulations.

3. The presentation and advertising of the services on the Coach's websites or brochures or within advertisements do not constitute a binding offer to conclude a contract.

4. The Coach is entitled to refuse a contract without giving reasons if the required relationship of trust cannot be expected or if the Coach cannot or may not provide advice due to his specialization or for legal reasons. In this case, the Coach's fee claim for the services rendered up to the rejection of the coaching remains intact.

 

§ 3 Content and implementation of the coaching

 

1. The object of the coaching is the provision of an agreed service (service contract) and not the achievement of a specific result (no contract for work). The commissioned services are deemed to have been rendered when the coaching has taken place. A subjectively expected success of the Client is not promised or guaranteed.

2. In his own interest, the Client undertakes to provide all relevant information truthfully and completely and to actively participate in the coaching services.

3. The coaching is general advice/consultation on the above-mentioned areas. The Coach provides his coaching services to the Client in the form that he applies his knowledge and skills in the above-mentioned areas.

4. In particular, no medical counseling services are provided. The Coach's services are not intended to cure or alleviate illnesses or their symptoms and do not include individual advice in the event of illness. In the event of illness-related complaints, the Client must consult their doctor or alternative practitioner. 

5. All of the Coach's coaching documents are protected by copyright. This applies to content on the Coach's website, lectures, presentations, scripts and other coaching documents. The Client is not entitled to reproduce, distribute or publicly reproduce such documents. The Client is also not entitled to make image, film or sound recordings of the coaching without the express permission of the Coach. The Client undertakes to use the information material, reports and analyses produced by the Coach in the course of the coaching only for his own purposes. He receives the non-exclusive and non-transferable right to use them. The parties are free to reach agreements deviating from this.

6. The Coach will ask the Client whether the coaching sessions can be recorded for internal purposes only. The Client is free to give or withhold his consent.

7. Coaching is based on cooperation and mutual trust. The Client is not obliged to implement the recommendations made.

8. The Client is fully responsible for his own physical and mental health during the coaching session. The Client acknowledges that all steps and measures taken by him during the coaching are his own responsibility. He further acknowledges that his non-cooperation may lead to an impairment of the service provision.

9.  The Coach may use subcontractors to provide the services to any extent, unless otherwise agreed between the parties.

10. The Coach is entitled to cancel the coaching if he or a third party service provider engaged by him is prevented from providing the coaching, e.g. due to riots, strikes, lockouts, natural disasters, storms, traffic obstructions, epidemics, pandemics or illness, which prevent the Coach or the third party from holding the coaching on the agreed date through no fault of his own. In this case, the Client is not entitled to compensation.

11. In the event of cancellation by the Coach, the Coach shall offer the Client an alternative date. If no agreement is reached on an alternative date, the remuneration already paid will be refunded to the Client. The reimbursement shall only include the amount actually received by the Coach, i.e. less the costs and fees incurred by the payment method chosen by the Client.

12. The illustration and description of the coaching and any coaching location on the Coach's website are for illustrative purposes only and are only approximate. No guarantee is given for complete compliance.

13. The Coach is entitled to make adjustments to the content or the course of the coaching for professional reasons, for example if there is a need to update or further develop the coaching content, provided that this does not result in a significant change to the coaching content and the change is reasonable for the Client.

14. The Coach is entitled to change the time and place of the announced coaching session, provided that the change is communicated to the Client in good time and is reasonable for the Client.

15. The Client is responsible for providing a correct e-mail address and for regularly checking his e-mails.

16. The Client is obliged to send all materials, documents, links, accesses, pictures and other details required for the coaching to the coach.

 

§ 4 Payment / Cancellation

 

1. Payment is due immediately upon conclusion of the contract using the means of payment specified in the invoice or on the website without deduction.

2. Unless otherwise agreed, the Client shall only be entitled to the provision of services on the agreed date if payment has been made in advance.

3. If the Client is in default of payment, the Coach is entitled to charge reminder fees and default interest in the legally permissible amount.

4. Cancellation less than one week before the agreed appointment/course is subject to a charge. In this case, the following cancellation fee will be charged:

   1. 25 Euro administrative fee will be charged for session/classes cancelled less than 1 week before the scheduled session.

   2. 50% of the agreed fee for cancellations less than 72 hours before the agreed date

   3. 100 % of the agreed fee for cancellations less than 24hours before the agreed date.

5. In the event of absence without cancellation or only partial participation in a booked appointment, there is no or no pro rata entitlement to reimbursement of the agreed fee for the appointment.

6. All prices quoted by the coach are gross prices including statutory VAT.

§ 5 Term and termination of the coaching contract

 

1. The coaching contract is concluded for the term agreed in the respective contract. The term of the coaching contract is specified in the respective contract. If it is a one-off provision of a service, this is noted in the contract and the following paragraphs of § 5 are not applicable. 

2. Ordinary termination of the consultancy contract must be made in writing to the contractual partner at least one month before the end of the respective contract term.

3. If the contractual relationship is not terminated by one month before the end of the respective term, it shall always be extended by a further month if the Client is a consumer. In the case of entrepreneurs, the contractual relationship is always extended by the original term.

4. After the end of the regular term, the notice period is one month until the end of the extended term. Notice of termination must also be given in writing. 

5. The right to termination without notice and extraordinary termination for good cause remains unaffected.

6. In the event of premature termination by the Client for good cause, the Coach's claim to remuneration remains unaffected. The Client reserves the right to prove that the Coach has incurred no or significantly less damage.

 

§ 6 Confidentiality

 

1. The Coach is bound to absolute confidentiality. The obligation to maintain confidentiality also applies beyond the termination of the agreed contractual services for the fulfillment of the contract.

2. The Coach shall treat client data confidentially and shall only provide information regarding the content of discussions and consultations with the express written consent of the Client (release from confidentiality).

 

§ 7 Warranty

 

1. The Coach endeavors to provide all activities with the utmost care and in compliance with recognized knowledge and principles. All recommendations and analyses are made to the best of his knowledge and belief.

2. The Coach does not guarantee the effectiveness of his recommendations. The success of the coaching is largely beyond the Coach's control and depends largely on the cooperation of the Client, which is why it cannot be guaranteed.

3. Coaching is help for self-help. Despite the greatest care, no guarantee can be given for the accuracy and completeness of the information.

 

§ 8 Liability

 

1. The Coach is liable to the Client in all cases of contractual and non-contractual liability in the event of intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of futile expenses.

2. In other cases, the Coach shall only be liable, unless otherwise provided for in paragraph (3), in the event of a breach of a contractual obligation, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the Client may regularly rely (so-called cardinal obligation), limited to compensation for foreseeable and typical damage. In all other cases, liability is excluded subject to the provision in paragraph (3).

3. Liability for damages resulting from injury to life, body or health and under the Product Liability Act remains unaffected by the above limitations and exclusions of liability.

4. In the event of data loss, the Coach shall only be liable for the damage that would have occurred even if the Client had made proper and regular data backups commensurate with the risk.

5. The Coach assumes no liability for the achievement of specific coaching goals or results. The success of the coaching depends largely on the active cooperation and implementation by the Client.

6. The Coach's coaching program is a preventive program and does not constitute medical diagnosis or treatment. The advice is based on the information provided by the Client. It is expressly pointed out that a doctor or therapist must be consulted in the event of health complaints.

7. Unless expressly agreed otherwise, the Client’s warranty claims and claims for damages, with the exception of claims in tort, expire within the statutory limitation period.

 

§ 9 Data protection

 

1. The Client expressly agrees to the electronic processing of his personal data within the framework of the following regulations. Client data will be treated with absolute confidentiality. The data provided by the Client will be used exclusively for the professional execution of the service. Data will only be passed on to third parties with the Client’s consent.

2. The Coach's separate data protection provisions apply under the following link: Impressum / Privacy Policy | mindful mama 2020

§ 10 Statutory right of withdrawal for consumers

 

Cancellation policy

Right of withdrawal:

You have the right to withdraw from this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the goods.

To exercise your right of withdrawal, you must inform us, Mindful Mama, Amanda Graybill, owner, Offenbacher Landstrasse 453, 60599 Frankfurt, +49015203441717, amanda@mindfulmamafrankfurt,com of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You can use the attached sample withdrawal form, but this is not mandatory.

 

In order to comply with the withdrawal period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

 

Consequences of withdrawal

 

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment. We may refuse to refund you until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest.

You must return or hand over the goods to us immediately and in any case within fourteen days at the latest from the day on which you inform us of the revocation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired. You shall bear the direct costs of returning the goods. You shall only be liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

 

If you have requested that the services should commence during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of the services already provided up to the time at which you inform us of the exercise of the right of withdrawal with regard to this contract compared to the total scope of the services provided for in the contract.

 

Sample withdrawal form:
 

(If you wish to withdraw from the contract, please complete and return this form).

 

To Mindful Mama, Amanda Graybill, owner, Offenbacher Landstrasse 453, 60599 Frankfurt,

- I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the supply of the following service (*)

- Ordered on (*)/received on (*)

- Name of the consumer(s)

- Address of the consumer(s)

- Signature of the consumer(s) (only for notification on paper)

- Date

 

(*) Delete as appropriate.

 

Option to terminate the right of withdrawal:

At the time of booking you agreed to terminate the right of withdrawal by checking the following checkboxes:

□ I expressly agree that the execution of the contract may begin before the expiry of the withdrawal period.

□ I am aware that my right of withdrawal expires at the beginning of the execution. 

 

§ 11 Dispute resolution

 

The Coach is not willing or obliged to participate in a dispute resolution procedure before a consumer arbitration board.

 

§ 12 Final provisions

 

1. Should individual provisions of these GTC or the consulting contract be or become invalid or void, this shall not affect the validity of the GTC or the consulting contract as a whole. Rather, the invalid or void provision shall be replaced by a provision in free interpretation which comes closest to the purpose of the contract or the parties' intentions.

2. The law of the Federal Republic of Germany shall apply. The contractual language is German.

3. Amendments and supplements to the GTC or the contract must be made in writing to be effective. Verbal collateral agreements do not exist.

4. If the Client is a merchant or a company, the place of jurisdiction for all disputes arising from the contractual relationship is the Coach's registered office. Otherwise, the statutory provisions shall apply. The same applies to the place of performance.

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