General Terms and Conditions

General Terms and Conditions for Training Courses and Coaching Sessions

 

Michaela Leiss

ZusammenWachsen

International Peace and Conflict Consultant

Trainer and Coach for Nonviolent Communication with Children
Erlenweg 15
34121 Melsungen

Germany

Email: michaela.leiss@gmail.com
Tel.: +49 172 165 934

– hereinafter referred to as “organiser” -

 

§ 1 Scope of the General Terms and Conditions

1. The following general terms and conditions apply to all legal transactions of the organizer under this contract with its contractual partner, hereinafter referred to as "participant".

2. Changes to these terms and conditions will be communicated to the participant in writing. They are considered approved if the participant does not object in writing. The participant must send the objection to the organiser within 4 weeks after notification of the changes.

 

 

§ 2 Subject of the contract

The organiser offers coaching and consulting events and seminars. A precise designation and listing of the range of services will be announced by the organiser in her business premises, on her website and other media used by her.

 

 

§ 3 Contract

1. With the booking or registration to participate in an event (seminar/workshop/coaching appointment, consultation, etc.), which can be made in writing, verbally, by telephone or via the Internet, the participant enters a binding contract with the organiser on the basis of the respective description, these terms and conditions and all additional information that is communicated during the purchase or booking process.

2. The contract is entered when the organiser confirms the registration. We will confirm your registration - for which no special form is required - by sending you a confirmation of the appointment or course registration or agreeing orally.

3. In the case of a group registration, for example in the case of a company event, the organiser enters a contract with the representative of the group for the group as a whole. This is also binding.

4. The course registration or making of an appointment constitute a binding contract.

5. The participant is obliged to check the confirmation received as confirmation of their registration or appointment immediately for consistency with the information he/she provided during the order. The participant must inform the organiser immediately of any deviations. If the participant has not received a confirmation 7 days after ordering or 3 days before the date of the event, they are obliged to contact the organiser immediately.

6. The organiser reserves the right to cancel or terminate the event up to 4 weeks before the start of the event after exhausting all possibilities if the conduct of the event is not reasonable because the booking volume for this event is so low that the costs incurred in relation to this event would not economically reasonable.

7. The organiser only has the right to cancel the event if she explains the circumstances leading to the cancellation and has made a comparable alternative offer to the participant. Participation fees paid in advance will be refunded immediately or, at the participant's request, used for an alternative event.

 

 

§ 4 Contractual obligations of the participants

The participants are aware that:

• In the course of the seminar/workshop, personal and professional circumstances of the participants are discussed, which may be confidential. The participants undertake to maintain confidentiality about such circumstances outside of the seminar/workshop.

• The teaching materials made available to them for exercise purposes are to be treated with the greatest possible care and may only be used within the framework of the seminar/workshop and in accordance with the instructions of the lecturer.

 

 

§ 5 Copyright

The participants are aware that seminar, coaching, consulting and workshop documents and learning software are protected by copyright. Participants will only use them personally, will not pass them on to third parties, will not duplicate or publish them. They will treat the personal passwords assigned to them confidentially.

 

 

§ 6 Services, changes to services, prices

1. The obligations of the organiser result exclusively from the content of the confirmation in connection with the description, details and explanations valid at the time of the order, as well as according to the respective contract between the organiser and the participant.

2. Ancillary agreements that extend the scope of services are only binding if confirmed in writing by the organiser.

3. Changes to and deviations from the agreed content of the contract that become organisationally necessary after the conclusion of the contract are permitted.

4. The organiser is obliged to inform the participant immediately about changes and deviations in service delivery and to offer them a free cancellation within 10 days, unless the changes are only minor. The participant's right of termination remains unaffected. The organiser is entitled to subsequently change the event location, the date and time (start and end of the offer) if this is necessary for reasons that arise after the entering of the contract and are absolutely relevant for implementation. The participant will be informed of such changes in good time.

5. If individual services are not made use of by a participant, the organiser reserves the right to charge the entire participation fee.

6. All prices are final prices in Euro.

 § 7 Duration of Contract and Remuneration

1. The contract begins and ends at the specifically and individually agreed time.

2. Terms of payment: The participation fee for the respective event is based on the price stated on the website or in the offer of the organiser. The participant can meet their payment obligation by bank transfer or cash payment.

3. When purchasing or booking an event, payment is due immediately, unless otherwise agreed in individual cases.

4. Cash expenses and additional costs incurred by the organiser at the express request of the participant will be charged at cost price.

5. If the price is not paid within the set period despite a reminder, the organiser can refuse to carry out the contract and charge the participant with cancellation costs in accordance with §6.

 

 

§ 8 Duty of the client to cooperate

Coaching and training take place on the basis of the preparatory discussions held between the parties. Both are based on cooperation and mutual trust. In this context, I would like to draw your attention to the fact that both coaching and training are free, active and self-responsible processes and that certain success cannot be guaranteed. The organiser supports the participant as a process facilitator and as support for decision-making and the implementation of changes; the actual change work is done by the participants. The participants should therefore be willing and open to reflect on themselves and their situation and make desired changes.

 

 

§ 9 Delimitation of coaching to psychotherapy

1. Coaching is not therapy and does not replace it. Coaching is based on a coach-client relationship, which is characterized by working together as partners and clearly distinguishes the role of the coach from that of therapists and doctors.

2. Psychotherapy is problem- and symptom-oriented; it deals with the past and tries to heal old wounds. Coaching is solution-oriented and focused on the present, future and active change processes. Psychotherapy is the targeted treatment of a mental illness. Coaching serves healthy people who are capable of acting and capable of self-reflection.

3. The result of coaching does not represent the alleviation of psychological complaints, but the personal development of the participant, which is accompanied by an increase in their general quality of life.

 

 

§ 10 Cancellation by the participant, rebooking, substitute participants

1. A cancellation of an event, a coaching or consultation session or a seminar/workshop is only legally effective if this is done in writing in advance, stating the name of the participant. The time of receipt of the declaration of cancellation by the organiser is decisive for cancellation fees.

2. Cancellation of the registration for a seminar or workshop is possible free of charge if a suitable substitute participant is made available. After the start of a workshop or training, it is no longer possible to provide substitute participants. Cancellation is furthermore free of charge from receipt of the confirmation of participation up to the 30th day before the start of the event. Thereafter, the following cancellation fees are due: 25%, but at least 50 euros, from the 29th day to the 22nd day before the start: 30% from the 21st day to the 15th day before the start: 35% from the 14th Day up to the 5th day before the start: 50%, from the 4th day before the start or in case of no-show 100% of the seminar/workshop fee.

3. Cancellation of individual, family or group coaching: Agreed individual, family or group coaching that is not cancelled at least two working days before the agreed date by email to michaela.leiss@gmail.com will be charged in full, plus the accruing room fee of EUR 35.00.

4. If the appointment, workshop or seminar is cancelled by the participant during an ongoing event, the participation fee must be paid in full.

5. The organiser reserves the right to charge higher compensation in individual cases, depending on the costs incurred, which must be specifically quantified and documented for the participant.

6. Each participant is free to prove that no costs or significantly lower costs than the fees agreed above were incurred in connection with the cancellation or no-show.

7. The right of the parties to terminate the contract for important reasons remains unaffected by the above regulations. If the organiser cancels the event participant has to be terminated for an important reason, their obligation to pay the remaining amount, if any remains, remains unaffected. Fees already paid for participation in the seminar will not be reimbursed.

8. There is no legal entitlement to changes regarding the event location. The change can only be made by withdrawing and subsequently concluding a new contract (new booking). In this case, too, the organiser is entitled to a flat-rate cancellation fee as compensation for expenses incurred. The remainder (event price minus withdrawal or cancellation costs) will be paid directly to the participant by the organiser.

 

 

§ 11 Cancellation by the organiser – termination of the contract for extraordinary reasons

1. If the minimum number of participants specified in the specific description is not reached, the organiser can cancel the contract in accordance with the following provisions:

   1. The minimum number of participants is specified in the reservation confirmation/confirmation or reference is made there to the relevant information in the respective advertisement (e.g. subject to the minimum number of participants being reached).

   2. The organizer is obliged to inform the participant of the cancellation of the event (offer) immediately if it is certain that it will not take place because the minimum number of participants has not been reached.

   3. Cancellation by the organizer later than three days before the start is not permitted.

1. The organiser has the right to cancel an event if she cannot reasonably be expected to hold the event for economic reasons (not financially viable) due to circumstances beyond her control.

2. In the event of cancellation according to No. 1 - 2 by the organiser, the participation fee will be refunded immediately to the participant.

3. If the offer is unforeseeably made more difficult, endangered or impaired after the conclusion of the contract as a result of force majeure, which also includes the destruction of accommodation at the event location or similar incidents, the contract can be cancelled. The organiser can demand a fee for services already rendered. If the circumstances mentioned above arise after the start, the contract can also be cancelled. In this case, the organiser has a claim for compensation for services rendered or still to be rendered. There is no further claim by the participant. Any additional costs are the responsibility of the participant.

4. The organiser can terminate the contract after the start of an event if the participant disrupts the execution of the contract despite a warning or if they behave in breach of contract to the extent that the immediate termination of the contract is also necessary to protect the other participants justified or if the participant does not meet a participation requirement. If the organiser terminates the contract, she retains the right to the entire event price; however, the organiser must allow the deduction of expense saved due to the cancellation.

 

 

§ 12 General Conditions of Participation

1. Each participant takes part in the events independently. The organiser assumes no liability for damage to persons or objects brought by participants. The seminars we hold are very intensive. Therefore, only people who are mentally resilient and can take responsibility for themselves, in the seminar and in the time of processing and change afterwards, can participate.

2. The participant bears full responsibility for their actions during the seminar or coaching and is fully liable for any damage caused by them. In particular, they are fully responsible for not harming himself or third parties at every stage of the seminar and coaching exercises.

3. The seminar leader/coach/trainer is authorized to give instructions to the participants for the duration and within the framework of the event.

4. The participants undertake not to be under the influence of alcohol or other narcotics that could impair their ability to react and their physical well-being. In the event of violations of this, the organizer is entitled to exclude the participant from the event.

5. Before the event, the organiser must be informed about health problems and any illnesses so that the participant can be protected from harm as best as possible.

6. Events and seminars, especially those in the so-called outdoor area, are never without a residual risk. Each participant is only insured against an accident and rescue within the framework of their own accident insurance.

7. Audio and video recordings require separate permission.

 

 

§13 Liability

1. The organiser's liability for contractual breaches of duty and tort is limited to intent and gross negligence. Liability in the event of a breach of cardinal obligations is limited to the regularly foreseeable damage.

2. All claims for damages expire one year after they arise. This does not apply to tort claims.

3. The above limitations of liability do not apply to claims under the Product Liability Act or other statutory guarantee liability. The same applies if death or damage to body or health has occurred as a result of the damage.

4. The information and advice in coaching sessions as well as in all documentation are carefully considered and checked by the coach. The activity of the organiser is purely a service delivery. A success is therefore not owed. Liability is excluded.

5. Any data is sent or transmitted electronically at the client's risk.

6. Insofar as the organiser's liability is excluded or limited, this also applies to the personal liability of the organiser's employees, legal representatives and vicarious agents.

 

 

§ 14 Place of Performance and Jurisdiction

1. Place of fulfillment is Melsungen. The place of jurisdiction is the responsible district court in Melsungen.

2. The law of the Federal Republic of Germany applies.

 

 

§ 15 Final Provisions

Should provisions of these General Terms and Conditions be or become invalid, this shall not affect the validity of the remaining provisions. Rather, instead of each invalid provision, a replacement provision that corresponds to or at least comes close to the purpose of the agreement applies, as the parties would have agreed on to achieve the same economic result if they had known of the invalidity of the provision. The same applies to gaps.

 

 

Michaela Leiss

Melsungen, May 12th, 2023