1. Organization of the assignment
1.1 In the case of coaching
1.1.1 The coaching is based on mutual trust and is decisively determined by the client’s willingness to cooperate. The client has been informed of the methods used, their functionality and purposes, as well as the risks and possible results, and agrees.
1.1.2 The coaching takes place on the basis of the coaching concept agreed in the preliminary talks. The contractor provides his services personally, unless expressly agreed otherwise.
1.1.3 In each phase of the coaching, the contractual partners inform each other of all circumstances that are significant for the order and its execution.
1.1.4 Both parties will maintain strict confidentiality about this contract, its implementation and the related circumstances.
1.1.5 The client is aware that coaching is a self-responsible process, the success of which depends on his willingness to change and his active commitment and that concrete results cannot be guaranteed.
1.1.6 The coach is available to the client as a process facilitator, consultant and initiator of changes – the actual change work is carried out by the client himself.
1.1.7 The coaching takes place mainly online, unless otherwise agreed.
1.2 In the case of Training
1.2.1 The subject of the contract is the provision of a service, not the achievement of a certain success. In particular, the contractor does not owe the achievement of a certain economic result. The statements and recommendations of the contractor prepare the entrepreneurial decision of the client, but cannot replace it. This does not constitute an employment relationship with the client.
1.2.2 The contractor performs its services on the basis of the agreed consulting concept by advising the management, talking to employees of the client, with authorities and third parties as well as to the required or agreed extent by written statements.
1.2.3 The contractual partners inform each other of all circumstances that are significant for the order and its execution.
1.3 In the case of Consulting
1.3.1 The subject of the contract is the provision of a service, not the achievement of a certain success. In particular, the contractor does not owe the achievement of a certain economic result. The statements and recommendations of the contractor prepare the entrepreneurial decision of the client, but cannot replace it. This does not constitute an employment relationship with the client.
1.3.2 The contractor performs its services on the basis of the agreed advisory concept by advising the management, talking to employees of the client, with authorities and third parties and to the required or agreed extent by written statements.
1.3.3 The contractual partners inform each other of all circumstances that are significant for the order and its execution.
1.3.4 The contractor is entitled to inspect all technical, economic and personnel processes at the client and to view the corresponding documents, insofar as this is necessary for the implementation of the consulting contract.
1.3.5 He has no right to issue instructions to the client’s employees, other employees and business partners.
2.1 The materials provided by the contractor (manuals and other texts, tables, graphics, foils, evaluation sheets, text, video and audio files, concepts for role-playing games and other training processes) are subject to the contractor’s copyright. They are left to the end user (coached person, training participant or advised person) for their own use only. No other rights of use are transferred. In particular, the client and the participants are not authorized to change the materials, to reproduce them in whole or in part, to pass them on, to sell them or to use them in coaching, training and advice. Materials not required are to be returned to the contractor.
The client will appropriately oblige the training participants to protect the contractor’s copyrights described above.
The contractor will observe copyrights that exist on the materials provided by the client and will only use these materials to the extent that it is necessary or agreed for training, coaching and advice.
2.2 The contractor assures the client that the materials it may provide are free of third party rights that prevent use in training, coaching and advice. He releases the client from third party claims that could arise from a possible violation of third party rights through the use of the materials provided by the contractor.
2.3 The client assures the contractor that the materials it may provide are free of third party rights that prevent use in training, coaching and advice. He releases the contractor from third party claims that could arise from a possible violation of third party rights through the use of the materials provided by the customer.
Third party copyrights exist in the software used by the contractor and made available to the end user. The contractor assures that he will only use this software within the permitted usage. The client guarantees that he will observe the copyrights to this software. He releases the contractor from all claims of third parties that can be made to the contractor due to a copyright infringement by him or his vicarious agents. In a suitable form, he will oblige the training participants to protect the copyrights existing in this software.
3. Confidentiality and data protection
3.1 The contractor stores the personal data that becomes known to him in connection with this contract, insofar as it is necessary for invoicing and bookkeeping. The data will be deleted immediately if they are no longer needed. No further storage of personal data takes place, not even in anonymous form.
3.2 The contractor maintains strict confidentiality with regard to all information that arises from the contractual cooperation and that the consultant has obtained from the processing of this information and with regard to the conclusion and details of this contract. He will oblige his employees and other vicarious agents, to whom he will pass on information in consultation with the client, to maintain confidentiality. The client maintains confidentiality with regard to the details of this contract.
3.3 The contractor is entitled to use the data obtained in connection with the provision of the agreed services in an anonymous form for scientific and journalistic purposes.
3.3 The contractor will treat the personal data of the end users (participants and coachee) and the economic data of the client, which become known to him through the agreed training, confidentially and in accordance with the applicable provisions of data protection.
3.4 The client will treat the personal data of the contractor or other persons, which become known to him through the agreed service, confidentially and in accordance with the applicable provisions of data protection.
3.5 Both sides will only save or store personal data that they become aware of in connection with their cooperation to the extent that it is necessary for invoicing, to protect their own rights or to fulfill legal obligations. You undertake to delete the personal and economic data of the other party immediately after termination of the cooperation as soon as they are no longer required for tax or other legal reasons.
3.6 These obligations also apply after the end of the order and after the end of the cooperation.
Thenclient and trainer are entitled to refer to their cooperation within the framework of the agreed training for advertising purposes, in particular to advertise the agreed training.
Client and consultant or coach are only entitled to refer to their cooperation for advertising purposes with the consent of the other side.
5. Fees and reimbursement of costs
The contractor is entitled to provide interim invoices for the services provided up to that time, unless otherwise agreed.
The fees are exclusive of VAT at the statutory rate. Fees and any reimbursements of costs are due for payment within two weeks of receipt of the invoice. Retention and offsetting are only permitted if the client’s claims have been recognized by the consultant or have been legally established.
Unless otherwise agreed, the contractor will either charge the normal price for the 2nd class train journey or the car costs at € 0.30 per km. Additional costs, especially for required overnight stays, are agreed separately.
The contract with the client does not prevent the contractor from holding similar events for its own account or for the account of third parties.
The consultant is liable for damage caused intentionally or through gross negligence by him or by third parties he may have commissioned. Any further liability is excluded. This disclaimer does not apply to personal injury.
8. Termination of the contract
The contract can be terminated by both parties in accordance with § 627 BGB (German law). Otherwise, it ends after the agreed duration, unless it is extended by mutual consent.
9. Scientology Clause
The Contractor warrants that neither he nor his employees, agents, or other agents will use or work in any way with L. Ron Hubbard technology or similar technologies.
10. Technical requirements for online appointments
You need internet access and a cell phone, tablet or computer for the meetings. You need an (integrated) camera and a microphone for your electronic device. We use the video conferencing software Skype or Zoom for the meetings. The link will be sent to you by email. By accepting the contract, you agree to this.
The data protection declaration for the video conference software Skype can be found here: https://support.skype.com ›skype› all ›privacy-securitydeclaration
The data protection for the video conference software Zoom can be found here: https://zoom.us/de -de / privacy.html
11. Final Clause
11.1 No verbal side agreements have been made. Amendments and supplements to the contract must be in writing. This also applies to a change to this written form clause.
11.2 These general terms and conditions apply exclusively. No other terms and conditions have been agreed.
11.3 If any of the provisions of the contract or these terms and conditions should be or become invalid, the rest of the contract remains valid. The contracting parties will agree on a replacement regulation that comes as close as possible to the original one.
11.4 German law applies exclusively. As far as permissible, the place of jurisdiction is exclusively the business location of the consultant.