Goodism | Anna Auf dem Berge | Life & Business Coach
Im Winkel 21, 20251 Hamburg, Germany
Phone: +49 (0)172 16 888 16
1.1 The following Terms and Conditions apply to all legal transactions between Anna Auf dem Berge (hereinafter referred to as „contractor“) and its contractual partner (hereinafter referred to as „client“) in their version valid at the time of conclusion of the contract. With the commissioning, these Terms and Conditions are deemed to be accepted by the client.
1.2 Derogations of the client are not recognized unless they have been expressly approved by the contractor.
2. Subject matter of the contract
2.1 The contractor provides services in the areas of coaching, consulting, training, seminars, speeches and events for private individuals and organisations in accordance with these General Terms and Conditions (GTC). The services can be used by individuals or groups. An exact description and listing of the service offer can be found in the premises of the contractor, his online presence, and in other media used by the contractor.
2.2 Clients can be a natural person or corporate entity. The client can make use of the contractually agreed services personally or appoint another person to use the service (hereinafter referred to as „participant“). In this case, the client remains the contractual partner and is fully responsible for the behavior of the participant.
2.3 The goals, contents and scope of the services result from the discussions held in the individual case as well as the offers, service descriptions or contracts agreed in writing. The goals, contents and scope of open events result from the event descriptions valid at the time of the conclusion of the contract.
2.4 If, during the accomplishment of the service, the contractor determines that, due to the course of the process, changes to the goals, contents or scope originally agreed with the client/participant or the order of processing are necessary to be altered, he is allowed to decide on the nature and scope of the change within his discretionary scope. The contractor may, at its discretion, extend individual points with regard to the overall objective, while partially scaling others back. The contractor may postpone goals and content in favor of achieving and processing other goals and content. The contractor will discuss the necessary changes in the planned procedure with the client/participant at the earliest possible time. There is no right of the client to reduce the fee.
3. Conclusion of contract
3.1 A contract is concluded by the order of the client and the corresponding order acceptance of the contractor. The order by the client as well as the order acceptance of the contractor can be made in writing, by email or orally.
3.2 Registrations for open events are made by submitting the registration form via an online order system or by email and are processed by the contractor in the order in which they are received, as the number of participants is generally limited. The contract for open events is concluded by the sending a confirmation of registration to the client/participant. The confirmation of registration is always subject to the proviso that the envisaged minimum number of participants of the respective event will be achieved.
3.3 Time and place of the agreed services are agreed between the contractor and the client/participant individually according to availability. For open events, the venue as well as the date are determined by the contractor and listed in the event description and the confirmation of registration.
3.4 There is no general entitlement to participate in the service offer. The contractor reserves the right to refuse registrations without giving reasons.
3.5 If a booking is made via an online order system, its Terms and Conditions apply in addition.
4.1 In each case the agreed hourly, daily or event fee of the contractor plus the valid value added tax of currently 19% will be charged. Hourly fees are calculated by the half-hour commenced. Invoices will be charged per session, per day or per event. Invoices must be paid no later than 30 days after invoicing by bank transfer to the account specified in the invoice. Advance payments, monthly billing, retainer fees and lump sums are possible. These are, however, agreed individually.
4.2 Additional costs, such as costs for room rental, travel and accommodation costs, material costs, additional telephone charges outside of the contractor’s mobile phone contract, etc., will be invoiced to the customer separately in a reasonable amount, unless otherwise agreed. Cash expenses and special costs incurred by the contractor at the express request of the client/participant will be charged at cost price. A possible billing of the travel times is agreed separately in each case.
4.3 The preparation costs incurred in connection with the agreed range of services (e.g. quotations, scheduling) will not be charged separately. Additional services that are requested by the client beyond the agreed services (e.g. additional calls, appointments or protocols) will be billed at the clock at the applicable fee rates and conditions.
4.4 If the payment deadlines are exceeded, the contractor shall be entitled to a default interest of 5% above the base interest rate for private persons without further reminder. For business customers, the contractor is entitled to default interest in the amount of 8% above the base interest rate without further reminder.
4.5 Participation fees for open events are due no later than 14 days after confirmation of registration, unless they have already been paid at the time of booking (for example, through an online payment system). If the period up to the event at the time of registration is less than 14 days, the participation fee is payable no later than 7 days before the start of the event. If the period up to the event at the time of registration is less than 7 days, the participation fee is due immediately. With the receipt of payment the participation in the event is secured. Without payment before the beginning of the event no participation is possible. If the payment deadlines are exceeded, the contractor is entitled to cancel the registration and to allocate the place elsewhere.
4.6 Travel, accommodation and meals are, unless otherwise stated or agreed in the event description, not included in the fee, and therefore to be borne by the client/participant.
4.7 Further or deviating details regarding the range of services and the general conditions govern the agreed offers, service descriptions or contracts in the currently valid version.
5. Cancellation policy
5.1 Agreed appointments are always binding. Appointments can be canceled or postponed by the client/participant free of charge up to 48 hours in advance. In case of cancellation or postponement between 48 and 24 hours before the appointment, 50% of the hourly, daily or event fee will be charged. In case of later cancellations or no-shows, the complete hourly, daily or event fee will be charged. Alternatively, the coach offers the client a telephone coaching at the agreed time and in the agreed duration. A partially participation in the service offer does not entitle the client/participant to reduce the agreed fee.
5.2 After registering for an open event, cancellations or rebookings can be made free of charge up to 4 weeks before the start of the event. The participation fee will be refunded within 14 days. For cancellations or rebookings between 4 and 2 weeks before the start of the event, 50% of the participation fee will be charged. For cancellations or rebookings less than 2 weeks before the start of the event, the participation fee will be due in full. The registration of a replacement participant is possible without further costs. Cancellations or rebookings must be made in writing.
5.3 The statutory right of cancellation of the consumer is unaffected by the above conditions.
5.4 The contractor is entitled to cancel or postpone appointments and events without giving a reason. This also includes cancellation by the contractor due to illness, an accident or similar. There will be no right to claim service by the client/participant. In this case, the client/participant will be informed as soon as possible and, in the case of cancellation, if applicable, will receive back full payments already made for services not provided, unless a replacement date has been agreed. For open events, the contractor is entitled to hold the event on a replacement date. If no replacement date is offered by the contractor, the client will receive back the paid participation fee. Further compensation, in particular claims for compensation or damages or cancellation fees for travel and accommodation costs, cannot be asserted.
6.1 Within the scope of the service offer, the contractor provides the client/participant with content and documents in the form of worksheets, concepts or audio and video files. The client/participant acquires only a simple, non-transferable right to use any content or documents for their own use. This right is revocable before the full payment of the payment. A transfer of any content and documents – even in extracts or in edited form – to third parties (including family members, friends, acquaintances, business partners or the like) is not permitted. Likewise the dissemination, publication, further processing, duplication, translation or any other kind of commercial use of the documents and contents – also in extracts or in processed form – is inadmissible. Any other use of the documents and contents by the client/participant requires a separate agreement with the contractor.
6.2 The client/participant is not entitled to use or pass on the learned contents and the provided documents – also not in extracts or in processed form – in own service offers. The copyright of the contractor is to be respected.
6.3 The client/participant may only use the provided contents and documents properly. In particular, he undertakes not to misuse the recording and documents – even in extracts or in edited form – in violation of these terms and conditions or the law. The contractor reserves the right to investigate and to take appropriate precautions in case of suspected misuse or a breach of contract. This applies at least until the time at which the suspicion can be eliminated. In the event of serious infringements, the contractor is also entitled to terminate the contractual relationship without notice. The client must compensate the contractor for any damage resulting from a breach of duty for which he/she is responsible.
6.4 Sound and/or video recording as well as photographing of the contractor’s services or events is only permitted with the permission of the contractor.
7.1 The client/participant agrees that company and personal data (such as name, email address, address, payment data) are collected, used, stored and processed within the framework of the contractual relationship to fulfill the agreed service.
7.2 The client/participant agrees that his data may be used by the Contractor for internal purposes in anonymized form even after termination of the contractual relationship.
7.3 All company and personal data will of course be treated confidentially and will not be passed on to third parties who are not involved in the booking, ordering, delivery and payment process or if this is not absolutely necessary for the fulfillment of the contract. All company and personal data are treated in accordance with the regulations of the Federal Data Protection Act.
7.4 The client/participant has the right to receive information about the company and personal data stored by the contractor upon request free of charge. In addition, he has the right to correct incorrect data. In addition, the client/participant can revoke the consent at any time and request deletion of his company and personal data, as far as no legal duty of storage is in conflict.
8. Confidentiality obligations
8.1 The contracting parties undertake to maintain secrecy about all personal, business and operational information obtained before, during and after the service offer and not to pass it on to third parties. This also applies to the time after the end of the cooperation. As an exception, the contractor is exempted from the duty of confidentiality if urgent legitimate interests (e.g. the assertion of fee claims) require disclosure.
8.2 The client exempts the contractor from the duty of confidentiality in regards to the supervisor of the contractor. The supervisor serves the contractor for professional, psychological or educational reflection, qualification and quality assurance of the service offer.
9. Self-commitments, conditions of participation and rights of exclusion
9.1 The contractor undertakes not to work or have worked according to the technology of L. Ron Hubbard. In addition, the contractor assures that he has not been trained according to the technology of L. Ron Hubbard and that he does not attend or has not attended courses and/or seminars with the Scientology organisation using L. Ron Hubbard technology and that this technology is not part of any provided services. The contractor further states that he rejects and expressly dissociates from the L. Ron Hubbard technology. With conclusion of the contract, the client assures that the same applies for him and his participants.
9.2 An incorrect assurance of this, the repeated disturbance of events or sessions, punishable acts against the contractor or other participants (e.g. theft, personal insults) as well as the acknowledgment of criminal acts of the client/participant towards third parties entitle the contractor to exclude the client/participant from further participation in events or end the session immediately.
9.3 The client/participant undertakes not to be under the influence of alcohol or other narcotics, which may affect their ability to react and their physical condition, during an event or session. In case of violations, the contractor is entitled to exclude the participant from the event or to end the session.
9.4 The knowledge of physical, mental or health impairments of the client/participant entitles the contractor to exclude the client/participant from participation in an event or a part of the event (e.g. physical activities) or to end the session. The exclusion of clients/participants of events or parts of events (e.g. physical activities) due to physical, mental or other health impairments, which the contractor determines, is made after careful examination and consideration of damage and benefits for the client/participant according to general human discretion and does not discriminate against the client/participant.
9.5 The entitlement to payment of the fee remains in full in cases of exclusion.
10.1 The services are prepared with utmost care and performed according to the service descriptions.
10.2 The contractor will use its best efforts and knowledge to work together with the client/participant to achieve the success of the action. A self-responsible cooperation, preparation and follow-up work as well as the execution of the results compiled by the client/participant are required for the success and the sustainability of the service offered. A guarantee of success on the achievement of the defined goals or the desired success cannot be given by the contractor. The contractor is not responsible for the achievement of any particular success. For the extent of the achieved success the client/participant is responsible at all times.
10.3 The client/participant confirms with the conclusion of the contract that he feels able to participate in the partially intensive personal processes, that the use of the service is carried out on its own responsibility and that he is responsible for his physical and mental health. The client/participant is obligated to inform the contractor about pre-diagnoses, ongoing psychotherapeutic treatments as well as taking medications promptly and preferably in advance. The client/participant is fully responsible for himself and his actions inside and outside the service and will be responsible for any damage caused. The client/participant bears the effects resulting from the fact that the client/participant provides incomplete or untrue information. Liability claims based on the incorrect assessment of the physical, mental and other health performance of the client/participant is inadmissible. All liability claims of the client/participant for damages are inadmissible.
10.4 The contractor shall not be liable for any loss or damage to any items brought in, unless the loss or damage to these items is due to gross negligence or willful misconduct by the contractor. The client/participant releases the contractor from liability for damages caused by simple negligence.
11. Final provisions
11.1 Collateral agreements and contract amendments must be made in writing in order to be legally valid, unless the customer is a natural person. It is not possible to deviate from this written form requirement either orally or tacitly.
11.2 Any ineffectiveness of individual provisions of these General Terms and Conditions shall not affect the validity of the remaining provisions unless the customer is a natural person.
11.3 The contractual relationship is subject exclusively to the law of the Federal Republic of Germany.
11.4 Claims arising from the contractual relationship must be submitted in writing at the latest within one month after termination of the contractual relationship. In case of failure to reach agreement, claims must be asserted in court within three months. Otherwise they are forfeited.
11.5 The non-use of the additional and explicit manifestations of the feminine form in the contractor’s documents and contracts does not constitute discrimination and is solely due to improve linguistic understanding.
11.6 Place of jurisdiction and place of performance is the business address of the contractor, provided that the client is not a natural person and nothing else results from the contract.
For questions about the Terms and Conditions, please contact firstname.lastname@example.org