GENERAL TERMS AND CONDITIONS FOR THE PERFORMANCE OF A COACHING
§ 1 Subject matter of the contract
(1) The customer intends to undergo individual coaching with the Coach to improve his nutrition, physical fitness and state of health.
(2) The coach is a sports scientist (Master of Arts) and lifestyle health- and nutritioncoach. He has undergone a specialist training and has several years of practical experience.
(3) Subject of this contract is solely the execution of the coaching by the Coach with the participation of the customer. The subject matter is explicitly the pure activity of the coaching, but not a success associated with it.
§ 2 Conclusion of the Contract
The presentation of goods and services on our internet presence or website does not constitute a legally binding offer. It is merely an invitation to submit an offer. A binding contract only comes into being through the acceptance of the individually created offer. On your request we will design an individual coaching together with you. The draft and the coordination of your concrete needs will be done in a personal conversation. The contract is only concluded when you sign the offer we have prepared.
§ 3 Execution of the coaching/session
(1) The Coach will carry out the Coaching according to scientifically recognized methods.
(2) The coaching will be conducted in several individual sessions. The parties shall agree on a precise schedule for the execution of the sessions upon conclusion of the contract. This schedule is binding. A change of the schedule is generally not intended.
The client is free to postpone a planned session up to 36 hours before the agreed time of the respective session. In this case, the parties will mutually agree on a catch-up date. If no catch-up date can be agreed by mutual consent, the appointment will be cancelled without substitution. The Coach’s claim for remuneration remains unaffected. The notification by the client must be made by e-mail to the following e-mail address: hawaiifeeling@kohlacktricoaching.com
§ 4 Health effects
(1) The sessions require physical activity, depending on the coaching. For example in the form of sports exercises. These can therefore be physically and mentally strenuous. This can have health effects for the participant, both in psychological and physical terms. If the exercises are performed incorrectly and/or the physical conditions are not met, injuries or other health problems may occur. The customer will consult a doctor before the start of the coaching to ensure that he/she is physically fit to carry out the coaching. The customer will also perform the exercises conscientiously and according to the coach’s instructions. If the client is not able to perform an exercise, he/she will inform the coach immediately.
(2) The customer will provide the Coach with truthful information.
§ 5 Remuneration
(1) A lump sum of the value in the offer is due for the coaching.
(2) The remuneration is due upon conclusion of the contract and must be paid by the client to the account of the coach at least 1 week before the beginning of the first session.
(3) The Coach offers the following means of payment
- Direct debit
§ 6 Warranty
They are entitled to the statutory warranty rights.
§ 7 Liability
(1) The Coach shall be liable for damages of the Client which are caused intentionally or by gross negligence and/or are the consequence of culpable injury to health, body or life or for which liability is provided for under the Product Liability Act, in accordance with the statutory provisions.
(2) In the event of a breach of a cardinal obligation, the liability – insofar as the damage is based only on slight or normal negligence and does not affect life, limb or health – is limited to such damage that must be expected to occur in the course of the coaching, typically and predictably.
(3) Cardinal obligations are those contractual obligations whose fulfilment makes the proper execution of the contract possible in the first place and on whose observance the contractual partner may regularly rely, and whose violation on the other hand endangers the achievement of the purpose of the contract.
(4) Apart from that, the liability – regardless of the legal basis – of both the Coach and his/her vicarious agent(s) is excluded.
(5) If damages to the Client result from the loss of data, the Coach shall only be liable for such damages to the extent that the damages could not have been avoided even by a normal backup of the relevant data by the Client.
§ 8 Termination of the contract
(1) The contracts duration is outlined in the offer. –
§ 9 Final provisions/ Severability clause
(1) In accordance with § 36 VSBG we would like to point out that we are not obliged to participate in out-of-court dispute resolution proceedings before a consumer arbitration board.
We would also like to point out that in addition to the ordinary course of law you also have the possibility of an out-of-court settlement of disputes in accordance with Regulation (EU) No. 524/2013. Details can be found in Regulation (EU) No. 524/2013 and at the Internet address: https://ec.europa.eu/consumers/odr.
(2) Should individual provisions of this contract be ineffective, this shall not affect the rest of the contract. The parties shall agree on a legally effective replacement provision that comes as close as possible to the invalid or ineffective provision in economic terms.
(3) The customer has a right of revocation if he acts as a consumer. A consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed.
The right of revocation expires when we have provided the service in full and have only begun to perform the service after you have given your express consent and at the same time have confirmed your knowledge that you will lose your right of revocation if we perform the contract in full.