General Terms and Conditions for Seminars and Coaching
Juliane Schmidt
Hauptstraße 8
27211 Bassum/Neubruchhausen
[email protected]
Tel. 0152 – 2456 9190
– hereinafter referred to as “provider” or “contractor” -.
The following terms and conditions apply to the website “juliane-schmidt.com” by Juliane Schmidt. The website serves to inform users about the work and offers of Juliane Schmidt.
The user of the website concludes a user contract with the provider for the use of the website. These GTC govern the relevant business relationship between the provider and the user. These GTC apply exclusively to the business relationship between Juliane Schmidt and the client in the version valid at the time the offer is made. Deviating agreements are not part of the contract unless the provider has expressly agreed to them in writing. Users of the website undertake to inform themselves about possible changes to the GTC each time they access the website by accessing the GTC.
Information regarding warning attempts
Should the content or design of these pages violate the rights of third parties or statutory provisions, I, Juliane Schmidt, request that you notify me of this without cost note.
I guarantee that any passages or elements that are rightly objected to will be removed or corrected immediately. The involvement of legal counsel is not necessary. If you incur costs without contacting me in advance, I will reject them in full and, if necessary, file a counterclaim for violation of the aforementioned provisions.
In the following, a distinction is made between
I. General Terms and Conditions (GTC) for seminars and
II. General terms and conditions for coaching
I. General Terms and Conditions (GTC) for Seminars
1 Scope of application
1.1 The following General Terms and Conditions apply to all legal transactions of the provider under this contract with its contractual partner, hereinafter referred to as the “client”. The client concludes a participation contract with the Provider as the person responsible or authorised to give instructions for and on behalf of a group of participants.
1.2 The client shall be notified in writing of any changes to these terms and conditions. They shall be deemed to have been approved if the client does not raise an objection in writing. The client must send the objection to the provider within 2 weeks of notification of the changes.
2 Subject matter of the contract
2.1 The provider offers face-to-face seminars for up to 6 participants of the client. A precise description and list of the services offered shall be provided by the contractor in the seminar description.
2.2 The seminars are professional training and further education events and serve the personal or professional development of the client’s participants. They cannot replace therapy. Each person takes part in the seminars on their own responsibility. In case of doubt, the client’s participants must seek medical advice beforehand.
3. Realisation of the contract
3.1 A contract with the provider is concluded by sending the signed offer by post, fax or electronic mail.
3.2 The client shall receive an order confirmation upon receipt of the offer confirmation.
4. Duration of the contract and remuneration
4.1 The contract begins and ends on the specifically and individually agreed date.
4.2 The price for the respective event is based on the seminar price in euros stated in the seminar description. The prices quoted do not include the statutory value added tax of currently 19% and do not include the provider’s travelling and accommodation expenses.
4.3 All payments are due 14 days after invoicing without any deductions. If the invoice has been issued to a third party at the client’s request, the client shall be liable in the event of late and/or incomplete receipt of payment by the invoice recipient. The granting of discounts or other deductions is excluded.
4.4 Cash expenses and special costs incurred by the provider at the express request of the client shall be charged at cost price.
5. Cancellation
5.1 Cancellations after the contract has been concluded are subject to the following costs:
> 45 weekdays before the start of the seminar, only a processing fee of € 100 will be charged.
45 – 30 weekdays before the start of the seminar, 50% of the seminar price and possible cancellation fees of the travel and accommodation costs of the provider will be charged.
29 – 0 weekdays before the start of the seminar, 100% of the seminar price and possible cancellation fees of the travel and accommodation costs of the provider will be charged.
Cancellation of a seminar is only legally effective if it is made in writing in advance.
5.2 Should the provider be forced to cancel a seminar, the event will be rescheduled at a later date to be agreed with the client. Cancellations can only be made for good cause. An important reason is, in particular, if the provider is unable to attend at short notice due to illness and no replacement trainer can be provided.
6. General conditions of participation
6.1 The client’s participants bear full responsibility for their actions during the seminar and are fully liable for any damage caused by them.
In particular, they are fully responsible for ensuring that they do not harm themselves or third parties at any stage of the seminar exercises.
6.2 A participant of the client is in breach of contract if, despite a warning, he disrupts the event in the long term, or if he behaves in a way that is significantly contrary to common decency, so that the smooth running of the event cannot be guaranteed. In this case, the provider reserves the right to exclude the participant from the event.
6.3 The client’s participants undertake not to be under the influence of alcohol or other narcotics that may impair their ability to react and their physical condition. In the event of violations of this, the provider is authorised to exclude participants from the event.
6.4 Prior to the event, the provider must be informed of any health problems or illnesses of the client’s participants so that the participant in question can be protected from harm in the best possible way.
6.5 A participant of the client who is undergoing therapeutic treatment (medical or psychological) or has recently completed such treatment must inform the provider of this and agree participation in a seminar with their respective therapist.
6.6 In the event of recognisable health problems, the provider is entitled to exclude the client participant concerned from the event.
6.7 In the case of in-house seminars, the client undertakes to make the rooms available free of charge and to provide the necessary working materials. The client shall ensure that the premises comply with the accident prevention regulations.
6.8 Audio and video recordings require separate authorisation.
7. Duty of confidentiality
7.1 The provider undertakes to maintain confidentiality for the duration of an event and also after it has ended with regard to all personal facts and information as well as company and business secrets of the participant/client that have become known to him in connection with participation in the seminar, also and in particular with regard to third parties.
7.2 The provider shall not be liable for any disclosure of such information by seminar participants in breach of contract.
8. Final provision / severability clause
8.1 Should individual provisions of the contract with the client, including these General Terms and Conditions, be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. The wholly or partially invalid provision shall be replaced by an agreement of both parties, taking into account the statutory provisions, the economic success of which comes as close as possible to that of the invalid provision.
9. Written form clause
9.1 Both parties declare that they have not made any agreements other than those set out here in writing. Any amendment to this agreement must be made in writing. This also applies to this clause.
Bassum/Neubruchhausen, 01.01.2025 Juliane Schmid
II General Terms and Conditions (GTC) for coaching sessions
1 Application of the General Terms and Conditions
1.1 The General Terms and Conditions accepted by both contracting parties govern the terms and conditions between the coach Juliane Schmidt (hereinafter referred to as “contractor” or “coach”) and the client (hereinafter also referred to as “client”) as a service contract within the meaning of Sections 611 et seq. of the German Civil Code (BGB), unless otherwise agreed in writing between the contracting parties. The object of the contract is therefore the provision of the agreed services, not the achievement of a specific result. In particular, Juliane Schmidt does not owe a specific economic result. Her coaching sessions prepare the client’s decision. Each decision made by the client is their own responsibility.
1.2 These GTC apply exclusively. Terms and conditions of the contractual partner that conflict with these GTC, deviate from these GTC or deviate from the statutory provisions to the detriment of the contractor shall not be recognised unless their validity is expressly agreed in writing.
1.3 The individual provisions of these GTC shall apply to consumers and entrepreneurs within the meaning of Section 310 BGB. These GTC shall also apply to all future transactions with the contractual partner.
1.4 The coach is authorised to call in expert third parties and other vicarious agents to carry out a coaching session.
1.5 Juliane Schmidt provides her coaching services on the basis of the data and information provided to her by the client. The client is responsible for their factual accuracy and completeness.
1.6 The coach is entitled to refuse a service contract without giving reasons if the necessary relationship of trust cannot be expected, if he cannot or may not coach due to his specialisation or for legal reasons, or if there are reasons that could bring him into conflicts of conscience. In this case, the coach’s fee entitlement for the services rendered up to the refusal of the counselling remains unaffected.
2 Conclusion of the contract
2.1 A binding offer is made when the client commissions the contractor (verbal or written booking of a coaching session – also by e-mail). The contract is concluded by the written (also by e-mail) acceptance of this offer (order confirmation) by the contractor.
2.2 If the content of the order confirmation differs from the content of the order, a new offer shall be submitted to which the contractor shall be bound for a period of 14 weekdays. The contract shall be concluded on the basis of this offer if the client accepts this offer within this period. Bookings are therefore binding.
3 Remuneration
3.1 The coach shall receive the agreed hourly fee for the coaching in euros plus the legally applicable VAT of currently 19% and plus travelling and accommodation expenses. Further details are regulated in the coaching agreement. Special agreements can also be made in individual cases. The client cannot derive any right to reclaim fees paid from the coaching agreement.
4 Cancellation of an appointment
4.1 Agreed appointments are generally binding. The time and place of the coaching session shall be mutually agreed by the coaching partners. The client undertakes to be punctual for all coaching sessions.
4.2 Coaching sessions can be cancelled or rescheduled free of charge up to 48 hours before the appointment at the latest. After this time, the fee will be charged in full.
5 Force majeure and other impediments to performance
5.1 The coach is entitled to postpone the agreed coaching appointments in the event of force majeure, including impediments to performance due to illness, accident or similar.
5.2 In this case, the coach will inform the client as soon as possible and offer an alternative appointment. If the client could not be reached at the telephone number left and in any other case, there is no entitlement to reimbursement of travel or other costs.
6 Place of performance<
6.1 Coaching takes place at the client’s discretion either at the coach’s premises or at a mutually agreed location by prior arrangement. Coaching via Zoom is also possible. The client is responsible for his technical requirements.
7 Copyright
7.1 Unless otherwise agreed, all documents handed over to the client are included in the agreed remuneration. The documents are intended for the personal use of the client.
7.2 The copyright to the documents belongs solely to Juliane Schmidt. The client is not permitted to reproduce the documents in whole or in part and/or make them accessible to third parties without the written consent of Juliane Schmidt. Publication, even in extracts, is prohibited.
8 Insurance cover
8.1 Each client bears full responsibility for themselves and their actions inside and outside the coaching sessions and is liable for any damage caused. Coaching is not psychotherapy and cannot replace it. Participation requires normal mental and physical resilience.
8.2 The organiser of team coaching sessions is always the client. Participants therefore have no insurance cover from Juliane Schmidt.
8.3 The General Terms and Conditions for Seminars apply to the seminars organised by Juliane Schmidt.
9 Liability
9.1 The contents of the coaching sessions and all documentation have been carefully considered and checked by the coach. The activity of Juliane Schmidt is purely a service activity.
9.2 Success is therefore not owed. Liability is excluded.
9.3 Data protection claims are not covered by this liability provision.
10 Duty of confidentiality
10.1 Juliane Schmidt undertakes to maintain confidentiality towards third parties about all operational, business and private matters of the client that become known in the course of the activity, even after the termination of the contract.
10.2 In addition, Juliane Schmidt undertakes to carefully store the documents provided for the purpose of the coaching activity and to protect them against inspection by third parties.
11 Obligation of the client to co-operate
11.1 Coaching takes place on the basis of the preparatory discussions held between the parties. It is based on co-operation and mutual trust.
11.2 Coaching is a free, active and self-responsible process and specific successes cannot be guaranteed. The coach supports the client in the process and assists with decisions and changes; the actual change work is done by the client.
11.3 The client should therefore be willing and open to deal with himself and his situation, to disclose himself appropriately to the coach and to answer all questions to the best of his knowledge and belief. The client is responsible for the consequences of providing incomplete or untrue information.
12 Differentiation from psychotherapy
12.1 Coaching is not therapy and does not replace it. Coaching is based on a coach-client relationship that is characterised by a partnership and clearly distinguishes the role of the coach from that of therapists and doctors.
12.2 Psychotherapy is the targeted treatment of a mental illness. Coaching serves the healthy person who is capable of action and self-reflection.
12.3 The result of coaching is not the alleviation of psychological complaints, but the individual development of the client.
13 Sect declaration
13.1 Juliane Schmidt hereby declares that she does not work or has not worked according to the technology of L. Ron Hubbard (founder of the Scientology organisation), that she has not been trained according to the technology of L. Ron Hubbard and has not attended or attended any courses and/or seminars at the Scientology organisation in which work is carried out according to the technology of L. Ron Hubbard and that all coaching sessions are not carried out according to this technology. She also rejects sectarian practices of any kind and expressly distances herself from cults and similar organisations.
14 Final provision / severability clause
14.1 Should individual provisions of the contract with the client, including these General Terms and Conditions, be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. The wholly or partially invalid provision shall be replaced by an agreement of both parties, taking into account the statutory provisions, the economic success of which comes as close as possible to that of the invalid provision.
15 Written form clause
15.1 Both parties declare that they have not made any agreements other than those set out here in writing. Any amendment to this agreement must be made in writing. This also applies to this clause.
16 Place of fulfilment and jurisdiction
16.1 The place of fulfilment is Bassum/Neubruchhausen. The place of jurisdiction is the competent local court of Syke.
16.2 The law of the Federal Republic of Germany shall apply.
Bassum/Neubruchhausen, 01.01.2025 Juliane Schmidt
