General Terms adn Conditions
1.1) Validity of the General Terms and Conditions
These general terms and conditions apply to all business relations between Ramon Glauner (referred to as the “Coach”) and the coaching client.
1.2.) Upon signing a contract, the coaching client acknowledges the validity of these terms and conditions. Any opposing or deviating terms and conditions the client may have will not apply and will not form part of the contract even when the Coach is not explicitly opposed to them or should the coaching client refer to them.
1.3.) The Coach is responsible for passing on the information about the content of the GTC in accordance with the regulations on distance contracts and on electronic business transactions (§ 312 d para. 1 of the German Civil Code in accordance with Article 246a § 1 para 1 of the Introductory Law of the German Civil Code, § 312 g (1) German Civil Code along with Article 246a § 1 paragraph 2 of the German Civil Code).
2.) The basics of coaching
2.1.) Coaching is all about supporting and assisting you to bring about changes. Using professional methods and personal conversations, together we will explore questions that have been previously unresolved and work out new, meaningful solutions. We will also find measurable goals relating to your areas of concern and these goals will be specific, ambitious, realistic and set out according to a time plan.
2.2.) Coaching is not a form of psychotherapy nor is it a psychological treatment and it is not a substitute for either of these. If you are undergoing psychological therapy or similar, you must inform us about this. The same applies to any past therapy.
2.3.) Coaching processes are learning processes that are taken over a protracted period of time. They are based on openness and trust. In order to succeed, the coaching client must open up to the Coach and answer questions honestly.
2.4.) The coaching client must acknowledge that he/she is responsible for all steps and measures he/she implements during the coaching. The Coach and coaching clients will mutually agree on the procedure (known as the Coaching Concept). Basically, the coaching client is free to make his/her own decisions but must also be prepared to stretch beyond their own limits to achieve goals.
2.5.) The Coach will use all the techniques and methods he has available to help the coaching client.
2.6.) The coaching service has a sound scientific basis and is not part of any ideology, sect or cult. Therefore, we expressly distance ourselves from organisations like the Scientologists and their methods.
3.) Concluding a contract and contract type
3.1.) A contract will be drawn up when the coaching client places an order and the Coach accepts this order. A contract may be concluded verbally, by telephone, by e-mail, or in writing.
3.2.) The coaching contract is a service contract and its subject is to provide the agreed services. The Coach does not guarantee any particular success as an outcome.
Right of revocation for clients
Clients are any natural person entering into a legal transaction for purposes that are neither commercial nor attributable to the person’s independent professional occupation.
End of Cancellation Policy
The contract may be terminated by either party at any time without notice.
5.) Performance and place of performance
The coaching will take place at a venue chosen by the coaching client. This could be either at the Coach’s location or at a place jointly agreed upon by prior appointment. Coaching over the telephone or by video-conference is also a possibility. Services are provided according to the service description in the offer and the agreements in the coaching contract.
6.) Cancellation of appointments
6.1.) The coaching client shall commit to attend appointments punctually or cancel in a timely manner. If cancellation takes place less than 48 hours before the scheduled appointment, the Coach is entitled to charge 50% of the agreed fee. If an agreed meeting is cancelled less than 24 hours before the appointment, the Coach is entitled to invoice the client for 100% of the fee. The above shall not apply if the coaching client is not at fault for a delayed cancellation.
6.2.) If the Coach cannot make an appointment to carry out the service due to force majeure, illness, accident or other circumstances beyond the Coach’s control, the Coach is entitled to rearrange the service for a new date by arrangement, to the exclusion of claims for damages.
The Coach must receive the agreed fee for the coaching plus any VAT due. Unless otherwise agreed on a case by case basis, the amount stated on the contract is due for payment 10 (in words: ten) calendar days after receipt of the invoice without any discount.
8.1.) The Coach has an undertaking not to disclose confidential information to third parties. This does not apply to the professional interaction with a coaching supervisor to ensure the quality of the coaching.
8.2) Additionally, the Coach has an undertaking to carefully look after the documents he is given and to protect them from third party access. If so desired, personal data can be deleted after the service has been delivered.
The Coach is only liable for damage caused by intentional or grossly negligent behaviour by himself, his employees and vicarious agents or based on a breach of essential contractual obligations (cardinal obligations). Such a contractual obligation is always present when it is a prerequisite for enabling the proper fulfilment of the contract and where the coaching client would normally
rely on it.
10.) Applicable law, place of jurisdiction
10.1.) German law shall apply. This choice of law shall apply to customers to the extent that the protection granted by the mandatory provisions of the law of the country of the coaching client’s usual residence is not deprived (the Favourability Principle).
10.2.) The place of performance for all services that are part of the business relations with the coaching client as well as the court of jurisdiction is the head office of the Coach, as long as they are not consumers, but a trader or a legal entity under public law. The same applies if the coaching client does not have a general place of jurisdiction in Germany or the EU or if the domicile or usual place of residence is not known at the time the action is brought. The capacity to appeal to another court of jurisdiction remains unaffected.