General Standard Terms & Conditions
The purpose of this Agreement is to develop a coaching relationship between the parties in order to cultivate the Client’s personal health, fitness & wellbeing goals and create a plan to carry out those goals through individualised workout and nutrition plans, as well as regular 1:1 Live Coaching-Calls with the ultimate result of reaching the Client’s personal health & fitness goal.
Coach-Client Relationship – Duties & Responsibilities. A health & fitness coaching relationship is a partnership between two or more individuals or entities. This relationship is not a legal partnership, instead more like a teacher-student or coach-athlete relationship. Each party must uphold their obligations for the coaching relationship to be successful.
Ethical Standards of Coaching. Coach agrees to maintain the ethics and standards of behavior established by the International Coach Federation (IFC), an internationally recognized standard for coaching.
Clients' Commitment. Client agrees to communicate honestly, be open to feedback and suggestions, and to fully engage and devote himself/herself to the coaching process.
Acknowledgement. Client acknowledges and agrees that coaching is a comprehensive process that may explore different areas of his/her life, including work, career, health and relationships, but it is ultimately the Client’s decision how he/she incorporates coaching into each aspect of life.
Clients' Responsibility. Client is solely responsible for implementing the provided health & fitness advice including workout and nutrition plans provided through the coaching service.
Confidentiality. This coaching relationship, as well as all information (physical or verbal) that the Client shares with the Coach as part of this relationship, is bound by the principles of confidentiality set forth in the ICF Code of Ethics. The Coach agrees not to disclose any information pertaining to the Client without the Client’s written consent. BE ADVISED: the Coach-Client relationship is not a relationship protected by legal confidentiality (like doctor-patient or attorney-client). As such, the Coach could be required to divulge otherwise confidential information to authorities.
Behavior and Behavioral Considerations. The client is obliged to take our interests into account when submitting ratings and comments on social media or review platforms. In particular, the client may not publish / disseminate any untrue factual statements or defamatory criticism about us and our coaching programs. If the client participates in our communities and groups (e.g. on Facebook or Instagram), the client is obliged to protect our interests there as well. We are entitled to temporarily or permanently exclude the customer from participating in communities and groups should the customer harm or impair our interests within the group / community (for example through statements that are detrimental to business).
Payment Policy. Payment for the coaching services are due in full amount when the contract is concluded, unless the individual contractual agreement with the client is otherwise. The coach is entitled to commission a third party company based within the EU or US (e.g. Copecart, Digistore24, Stripe) to process the payment to the client. Upon request, the customer receives an invoice for the services booked.
Cancellation Policy of Individual Coaching Session. Client agrees to notify Coach latest 2 hours in advance of any scheduled session that he/she needs to cancel.
Client’s right of withdrawal. Client has the right to withdraw from this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day the contract is concluded. In order to exercise client’s right of withdrawal, the client must inform Coach with the following details: ([insert your name, your address and, if possible, your telephone number, and e-mail address]) by means of a clear declaration (e.g. a letter sent by post, or e-mail) of your decision to withdraw from this contract. To meet the cancellation deadline, it is sufficient for Client to send his/her notification of exercising Client’s right of cancellation before the cancellation period has expired.
If Client has requested that the coaching services should begin during the cancellation period, Client has to pay the Coach a reasonable amount, which corresponds to the proportion of the services already provided up to the point in time at which Client informs the Coach of the exercise of the right of cancellation with regard to this contract compared to the total scope of the services provided in the contract.
Consequences of contract cancellation.
If Client revokes this contract, Coach will refund Client all the payments that have been received from Client, which have to be repaid immediately and at the latest within fourteen days from the day on which Coach received notification of Clients cancellation of the present contract. For this repayment, Coach will use the same means of payment that Client used for the original transaction, unless something else was expressly agreed with Client; In no case will Client be charged any fees for this repayment.
Termination of Agreement. This Agreement terminates at the time indicated in (2) without the further notice to the other party at the address provided above.
Limited Liability. Coach makes no guarantees, representations or warranties of any kind or nature, express or implied with respect to the coaching services negotiated, agreed upon and rendered. In no event shall the Coach be liable to the Client for any indirect, consequential or special damages. Notwithstanding any damages that the Client may incur, the Coach’s entire liability under this Agreement, and the Client’s exclusive remedy, shall be limited to the amount actually paid by the Client to the Coach under this Agreement for all coaching services rendered through and including the termination date. Client agrees that the Coach is not liable or responsible for any actions or inactions, or for any direct or indirect result of any services provided by the Coach.
Entire Agreement. This document reflects the entire agreement between the Coach and the Client and reflects a complete understanding of the parties with respect to the subject matter. This Agreement supersedes all prior written and oral representations. The Agreement may not be amended, altered or supplemented except in writing signed by both the Coach and the Client.
Dispute Resolution and Legal Fees. In the event of a dispute arising out of this Agreement that cannot be resolved by mutual agreement, the Parties agree to engage in mediation. If the matter cannot be resolved through mediation, and legal action ensues, the successful party will be entitled to its legal fees, including, but not limited to its attorneys’ fees.
Legal and Binding Agreement. This Agreement is legal and binding between the Parties as stated above. This Agreement may be entered into and is legal and binding both in the United States and throughout Europe. The Parties each represent that they have the authority to enter into this Agreement.
Severability. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If the Court finds that any provision of this Agreement is invalid or enforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
Waiver. The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of this Agreement.
Applicable Law. This Agreement shall be governed and construed in accordance with the laws of the state where both Parties reside, without giving effect to any conflicts of laws provisions. If the Parties reside in different states, this Agreement shall be governed and construed in accordance with the laws of the Federal Republic of Germany, without giving effect to any conflicts of laws provisions.