General Terms and Conditions
§1 Application of the General Terms and Conditions
The following General Terms and Conditions apply to the business relationship between clients and Dipl. Kffr. (Univ) Business Consultant & Coach Mirjam Sandlos, Strelitzer Str. 24, 10115 Berlin (hereinafter referred to as “the Coach”).
Only the Coach’s General Terms and Conditions shall apply. Any general terms or conditions of the client shall apply only if the Coach has expressly agreed to them in writing.
Unless otherwise individually agreed, these General Terms and Conditions are final and binding, regardless of whether the Coach concludes the contract in her own name for her own or another’s account, or in another’s name for another’s account. They establish the framework for the contractual relationship between the parties and also apply to additional, supplementary, or extended agreements. The parties confirm that these terms also apply to existing engagements that are still ongoing.
To ensure the purpose of this contract, the Coach reserves the right to amend these General Terms and Conditions where justified by legitimate interests (e.g. changes in law, case law, or economic conditions) and where such changes are reasonable for the client. In such cases, the client will be informed of the content of the amendment and granted an appropriate period to object. If no objection is made within that period, the amendment is deemed accepted.
The client may be either a business or a consumer. The client may participate in the service personally or appoint another suitable person or group (hereinafter “participants”) to do so. In that case, the client remains the contractual partner and is fully responsible for the conduct of the participants, unless a separate contract is concluded with them.
The Coach may provide services personally or engage cooperation partners and/or independent contractors.
§2 Subject Matter of the Contract
The Coach will discuss the specific topics, service description, and process with the client during an introductory or clarification meeting. The result will be documented in a written proposal or order confirmation, which forms part of these General Terms and Conditions.
A contract is concluded once the client confirms the Coach’s proposal in writing (email is sufficient).
If the client accepts the proposal with modifications to the scope of services, this constitutes a new offer by the client. In that case, the contract is only concluded once the Coach expressly confirms the revised offer in writing (email is sufficient).
§3 Services Provided by the Coach
The Coach provides her services by applying her knowledge and skills for consulting, training, and preventive purposes. She is entitled to use any methods and techniques she deems suitable to achieve the agreed objectives. These methods are neither medically recognized nor scientifically proven.
No specific outcome or success can be guaranteed. The contract concerns the provision of the agreed coaching or training services, not the achievement of a particular result or goal.hing- bzw. Trainingsleistung, nicht die Herbeiführung eines bestimmten Erfolgs und/ oder Ziels des Klienten.
§4 Client Duties and Cooperation
Business coaching and consulting do not constitute psychotherapy and are not a substitute for psychotherapy. The client bears full responsibility for their own actions throughout the coaching or consulting process—both during and outside the sessions, workshops, or trainings. Participation requires normal psychological stability.
The client or participants must adhere to agreed appointments. If unable to attend, they must notify the Coach in advance by phone, email, or text message.
The Coach reserves the right to claim damages for short-notice cancellations of individual sessions.
The client remains fully responsible for their physical and mental health during the entire coaching process.
The client is required to actively cooperate throughout the contract period. Sustainable results depend on the client’s own engagement, preparation, follow-up, and implementation of insights gained during the process.
If the engagement is conducted online, the client or participants are responsible for ensuring the necessary technical requirements (e.g. stable internet connection, updated browser). The Coach assumes no liability for technical failures during the sessions, and payment obligations remain unaffected. Access details will be provided by email and must be handled with care. Sharing login data with unauthorized third parties is strictly prohibited, and clients must prevent unauthorized access. No image, audio, or video recordings may be made. The client is responsible for ensuring that participants comply with this rule.
If the client or participants fail to fulfill their cooperation duties on time, they bear all resulting consequences, including possible delays and related costs. The Coach is not liable for such outcomes.
§5 Compensation
The Coach’s fee is determined individually as a fixed amount and depends on the specific scope of the coaching engagement. The individual compensation terms are summarized in the offer. Furthermore, the compensation is based on the payment terms outlined herein.
Payments are generally to be made in a single installment of the total amount due.
In certain agreed-upon cases, payment by installments may be arranged.
Payment for coaching services is due after proper invoicing and must be made by bank transfer to the Coach’s designated account. Payment terms and banking details are specified in the invoice.
All stated prices are net amounts and subject to applicable value-added tax (VAT).
If the Coach must cancel an appointment, the client will not be charged. In such a case, the client has no further claims against the Coach.
If an appointment is scheduled outside the Coach’s practice location, reasonable travel and, where applicable, accommodation costs will be charged in addition to the fee.
§6 Rights
If the Coach holds copyright, performance, or other proprietary rights (collectively “Rights”) to any materials provided, the Coach grants the client or participants a simple, non-exclusive, unlimited right of use to employ these materials for personal participation during the sessions and for private preparation or follow-up purposes only. Any further use is expressly prohibited.
If the Coach records audio during individual sessions, the client irrevocably agrees that such recordings may be used exclusively by the Coach for the successful execution of the coaching process, with full respect for personal rights.
If the client does not participate personally but designates participants, the client is responsible for obtaining their consent to the creation and use of recordings. Should any participant assert claims against the Coach arising from such recordings, the client shall indemnify and hold the Coach harmless from all claims and bear any resulting damages or legal defense costs.
§7 Contractual Right of Withdrawal
If the client cancels the engagement, the Coach must be informed immediately in writing (email is sufficient).
In this case, the Coach grants the client a contractual right of withdrawal under the following conditions and upon payment of a cancellation fee:
For cancellations made between three weeks and eight days before the scheduled first coaching session: 50% of the agreed fee.
For cancellations made between seven days and two days before the scheduled first coaching session: 80% of the agreed fee.
For cancellations made one day or less before the scheduled first coaching session: 100% of the agreed fee.
The Coach reserves the right to refuse an engagement without stating reasons if a necessary relationship of trust cannot be expected, if the Coach cannot or may not provide services due to specialization or legal restrictions, or if doing so would cause a conflict of conscience. In such cases, the Coach remains entitled to payment for any services rendered prior to withdrawal.
§8 Termination of the Contract
The contractual relationship ends upon full completion of the agreed services.
If the client terminates the contract without good cause, the Coach remains entitled to the agreed fee. Any saved expenses or alternative earnings will be credited accordingly. The client may prove that the Coach saved higher amounts than those deducted.
Either party may terminate the contract for good cause.
The parties are released from their obligations in cases of force majeure where performance becomes impossible due to circumstances beyond their control, including but not limited to war, civil unrest, strikes, terrorism, natural disasters, epidemics, government orders, or other catastrophic events.
If force majeure occurs, the parties must inform each other immediately about the incident, its impact on the contractual relationship, and its expected duration. They will coordinate how to proceed and resume services after the force majeure has ceased.
If performance becomes impossible due to such events, both parties may withdraw from the contract. The Coach is entitled to compensation for all services rendered up to that point, including any third-party obligations incurred in reliance on the contract.
The Coach may also claim damages corresponding to the value of services already performed and 60% of the value of services not yet rendered. The client may demonstrate that no or lesser damage occurred. The Coach reserves the right to claim higher proven damages.
Termination must be made in writing (email is sufficient).
§9 Right of Withdrawal (Consumers Only)
If you are a consumer, you have the right to withdraw from participation in a coaching engagement within fourteen days without providing any reason.
Notice of Right of WithdrawalG
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the date the contract is concluded.
To exercise your right of withdrawal, you must inform us (Mirjam Sandlos – Business Consulting & Coaching, Strelitzer Str. 24, 10115 Berlin, info@sandlos-bcc.com) of your decision to withdraw from this contract by means of a clear statement (e.g. letter sent by post, fax, or email). You may use the attached model withdrawal form, but this is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.
Consequences of Withdrawal
If you withdraw from this contract, we shall reimburse all payments received from you, including delivery costs (except for additional costs resulting from your choice of a delivery method other than the least expensive standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we received notice of your withdrawal.
We will use the same means of payment that you used for the original transaction, unless otherwise expressly agreed; in no case will you be charged any fees for such reimbursement.
Model Withdrawal Form
(Complete and return this form only if you wish to withdraw from the contract.)
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To: [insert company name, address, and, if applicable, fax number and email address]
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I/we () hereby withdraw from the contract concluded by me/us () for the provision of the following service ():
Ordered on () / received on ():
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only for communication on paper):
Date:
() Delete as appropriate.
§10 Confidentiality of Sessions
Both the client and the Coach agree to maintain confidentiality regarding all information obtained in connection with this agreement. The parties specifically undertake to store and handle all information, content, and materials (hereinafter “Information”) received or created in connection with the engagement — including all copies or reproductions thereof — with the utmost care to ensure they do not come into the possession of unauthorized third parties. This obligation equally applies to electronically stored data and records. The duty of confidentiality continues after termination of this agreement and remains in effect until the information becomes publicly known.
This obligation does not apply to information that the respective party can prove:
was already publicly known at the time of disclosure, provided such disclosure was not due to the fault of that party;
became known to the party through other legitimate means, without violation of a confidentiality obligation, and with a legal right to disclose such information;
must be disclosed by law or official order, provided the disclosing party notifies the other party in advance and takes all legally required and reasonable precautions.
The Coach will only disclose information about the content of sessions, consultations, or the client’s personal circumstances with the client’s express written consent.
If the client requests a detailed written report of a session, this must be agreed upon in advance. The Coach will prepare such documentation at the client’s expense.
§11 Liability and Warranty
The client is fully liable for any damages caused to facilities or premises used during, before, or after a coaching session.
The client’s warranty claims are governed by statutory provisions, unless otherwise limited by the following clauses. Warranty-related claims expire one year after the start of the statutory limitation period.
The Coach undertakes to perform all agreed services conscientiously and to the best of her knowledge and ability.
However, no guarantee is given for any specific success resulting from the service provided. Liability for outcomes is excluded.
Claims for damages by the client are generally excluded.
This limitation of liability does not apply to damages resulting from injury to life, body, or health caused by intentional or negligent breaches of duty. It also does not apply to damages resulting from a breach of a material contractual obligation (cardinal obligation) or from intentional or grossly negligent breaches of duty by the Coach or her agents and legal representatives.
In all other cases, liability for damages is limited to such losses that are typical for this type of contract and reasonably foreseeable.
§12 Miscellaneous
The Coach performs all services under this agreement independently and at her own professional discretion. She is not bound by the client’s instructions. If the Coach engages cooperation partners or independent contractors to perform the engagement, the above provisions apply accordingly.
The Coach and any cooperation partners or independent contractors are entitled to use the client’s name and/or logo as a reference for their professional work.
§13 Data Protection
The Coach collects and processes the client’s personal data as necessary for the performance of this contractual relationship.
Data collection and processing are carried out in accordance with Article 6 (1) sentence 1 (b) of the GDPR, for the purpose of fulfilling the contract.
Further data processing may be required by legal obligations of the Coach, such as statutory record-keeping duties or tax documentation requirements, pursuant to Article 6 (1) (c) GDPR.
Data processing may also occur based on the legitimate interests of the Coach or third parties, provided such interests are not overridden by the client’s fundamental rights and freedoms (e.g., long-term archiving for documentation purposes), in accordance with Article 6 (1) (f) GDPR.
Further information about data processing (access, correction, deletion, etc.) can be found in the Coach’s Privacy Policy at: https://www.sandlos- bcc.com/en/privacy-policy/
§14 Final Provisions
Should any provision of this agreement be or become invalid or unenforceable, the remaining provisions shall remain in full force and effect. The invalid or unenforceable provision shall be replaced by a valid one that most closely reflects the intent and purpose of the original provision.
Individual contractual amendments or supplements agreed between the parties are effective without formal requirements. All other amendments or supplements must be made in writing. The burden of proof for any oral or informal agreement lies with the party asserting it.
This agreement is governed exclusively by the laws of the Federal Republic of Germany. Other national laws or international uniform commercial laws (such as CISG or UN Sales Law) are excluded.
The place of jurisdiction is Berlin, Germany, even if the client is a merchant as defined by the German Commercial Code (HGB), a legal entity under public law, or a special fund under public law.
