1. Scope of Application and Definitions
Heidy Loeff conducts coachings, consultations and trainings in accordance with these General Terms and Conditions of Business. Upon assignment, the Customer (also referred to as Client and Coachee) is deemed to have accepted these Terms and Conditions.
Other agreements shall only be binding for Heidy Loeff if she accepts them in writing.
2. Object of Agreement and Liability
Heidy Loeff performs her consultation and training services based on the information and data provided to her by the Customer or the Customer’s agents. Information and advice in the work process as well as in all other documentations haven been carefully considered and reviewed. Heidy Loeff’s activities are limited to the delivery of services.
Contracts entered into by Heidy Loeff are service contracts.
Therefore, the delivery of services set forth in an offer or a contract shall be the subject matter, and not the achievement of a specific private or commercial success. In particular, Heidy Loeff is not liable to deliver certain private or commercial results.
Statements and recommendations by Heidy Loeff prepare the private and entrepreneurial decision of the Customer. They cannot replace such decision in any case whatsoever. Therefore, a success is not guaranteed. Any liability shall be excluded.
Heidy Loeff expressly points out that the content of the offers as well as of the training and consultation services refers to individual Client situations exclusively and does not contain any generally valid statements whatsoever.
3. Coaching and Consultation: Offers, Fees and Terms of Payment
For coaching and consultation services, the fees set forth in the coaching or consultation agreement shall be charged. The business coaching and/or training offers shall be non-binding and subject to change without notice. All fees shall be in Euros. Ancillary costs, such as telephone costs, travel and accommodation expenses etc. shall be charged to the Client or Customer separately on presentation of receipts or in amounts that reasonably reflect such costs and expenses.
The amount shall be payable to Heidy Loeff within 14 days of invoice without any deductions whatsoever.
If the Customer is in default with the payment of invoices due to Heidy Loeff, Heidy Loeff shall be entitled to suspend her work until the outstanding claims have been settled.
4. Coaching and Consultation: Appointments and Cancellations
The appointments for coachings and consultations shall be agreed between Heidy Loeff and the Client in accordance with their time availability.
As a matter of principle, appointments agreed shall be binding. The time and place of the coaching shall be mutually agreed upon.
In case of non-attendance, the full fee shall be payable as cancellation fee.
Appointments can be cancelled or postponed up to 48 hours before the session without any charges; after that, the full fee shall be payable.
5. Coaching and Consultation: Clients’ Obligation to Cooperate
Coaching is a free, active and independent process and certain successes can not be guaranteed. The coach assists the Client as process guide and supports him with regard to decisions and changes – the actual change efforts are made by the Client. Therefore, the Client should be ready and open for dealing with himself and his situation.
6. No Psychotherapy
Coaching is no therapy and is no replacement thereof. Coaching is based on a relationship between a coach and a client characterised by a cooperation as partners and clearly differentiates the role of the coach from the role of a therapist or a doctor.
Psychotherapy is focussed on problems and symptoms, it deals with the past and serves the purpose of healing old wounds. Coaching is focussed on solutions and deals with the present, the future and activeness. Participation is subject to normal psychological and physical resilience. Psychotherapy is the targeted treatment of a mental illness. Coaching is aimed at “healthy” people who are capable of acting and of self-reflexion.
7. Coaching and Consultation: Deviating Provisions
If a Client decides not to use the services of Heidy Loeff anymore, he can terminate the commissioning at any time. Services already received shall be paid for regardless thereof.
8. Coaching and Consultation: Force Majeure and other Obstructions of Performance
In case of force majeure, Heidy Loeff shall be entitled to postpone appointments agreed upon; this includes obstructions of performance arising due to illness, accidents or similar factors. In such case, she shall notify the Client as soon as possible and offer an alternative appointment. If the Client, for any reason, is not available on time, he shall not be entitled to any claim to compensation for travel or other costs.
9. Open Offering of Sessions (Tearapy, Problem Solution Groups, Seminars, Trainings, Workshops):
Registration, terms of payment and cancellations A registration in writing is required. Thereafter, each participant receives a written registration confirmation with an invoice and further information. The invoice shall be payable one week before start of the session at latest.
If Heidy Loeff is forced to cancel the session for good cause (e.g. illness or not enough participants), Heidy Loeff shall pay back the entire session fee. No further claims can be made against Heidy Loeff.
10. Copyright
All documents provided to the Client shall be included in the fee agreed upon unless expressly agreed otherwise. The documents are intended for the Client’s personal use.
The copyright in and to the concepts and documents solely rests with Heidy Loeff. The Client shall not be allowed to reproduce and/or make the documents available to third parties in whole or in part without the written consent of Heidy Loeff. Any publication, even in part, shall be prohibited.
11. Insurance Cover
Each Client is responsible for himself and his acts within and outside the coaching and consultation session as well as trainings and shall be personally responsible for any damage caused.
The Customer shall always be the organiser of team coachings, seminars, workshops etc. Therefore, the participants shall not be covered by Heidy Loeff’s insurance.
12. Liability
Information and advice in the coaching sessions as well as in all other documentations haven been carefully considered and reviewed by the coach. Heidy Loeff’s activities are exclusively limited to the delivery of services.
Therefore, a success is not guaranteed. Any liability shall be excluded. Sending or electronic transmission of any data shall be at the Client’s risk.
13. Confidentiality
Heidy Loeff undertakes to treat all matters of the Customer she obtains knowledge of in the course of her work with confidentiality towards third parties; this shall also apply after termination of the contract. Furthermore, Heidy Loeff undertakes to keep the documents provided to her for the purposes of the consultation work in a safe place and to protect them against access by third parties. On request, personal data shall be deleted after performance of the service.
14. Sect Declaration
Hereby, Heidy Loeff declares that she does not and did not work according to the technology of L. Ron Hubbard (founder of Scientology Organisation), that she was not trained according to the technology of L. Ron Hubbard and that she does not and did not attend any courses and/or seminars with Scientology Organisation, in which the technology of L. Ron Hubbard is applied, and that none of her coachings and consultations are carried out according to that technology. Furthermore, she rejects sectarian practices of any kind whatsoever and expressly dissociates from sects and similar organisations.
15. Final Provisions
If single provisions of the contract with the Client, including these General Terms and Conditions of Business, are or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. The provision invalid in whole or in part shall be replaced with a provision aimed at a similar economic effect as the invalid provision. (Severability Clause).
16. Place of Performance and Jurisdiction
Frankfurt am Main shall be the place of performance. The competent District Court of Frankfurt am Main shall be the court of jurisdiction. The laws of the Federal Republic of Germany shall apply.