GENERAL TERMS AND CONDITIONS

1 General

All services of the coaching, leadership consulting & training of Die Profilerin E. Chiara Hartmann are based on these general terms and conditions.

2 Offers for in-house seminars/ workshops

In-house seminars are company-internal seminars. Written offers remain valid for two months. The constitution date of the offer applies.

3 Registration for seminars

Registrations must be made in writing, by telephone or by e-mail. After receipt of the registration, the client will receive an order confirmation by e-mail with date, seminar location, seminar times and costs. A legally valid contract between the client and the trainer/coach/consultant is thereby concluded.

4 Terms of payment

Invoices are payable immediately upon receipt without deduction. If the invoice amount has not been received within 7 days of the invoice date, Die Profilerin E. Chiara Hartmann is entitled to claim interest on arrears. The interest on arrears is 10% p. a. above the prime rate (§ 247 BGB) of the German Federal Bank valid at the time of calculation. In case of a written reminder, Die Profilerin E. Chiara Hartmann is entitled to charge a reminder fee of 10 Euro per reminder. Payments are to be made free of charge for the recipient. This also applies to payments from abroad and even if a transaction fee is incurred. The costs of payment transactions are always borne by the initiator of the transaction.

All fees and seminar fees are subject to the value added tax applicable at the time of performance. If the VAT rate is changed within the contract period, the periods with the respective VAT rates shall be deemed to be agreed separately.

5 Cancellation of in-house seminars/ open seminars/ workshops/ coachings/ profiling Consultations and mediations

Cancellations must always be made in writing. Cancellations up to four weeks before the start of the seminar, trainings, management consulting/ coaching, profiling and mediation (from a duration of 1 hour) and lectures will be charged to the client with 50% of the agreed daily fees or flat rates up to 4 weeks before the event. In case of cancellation up to 2 weeks before the event, the client will be charged 100% of the agreed daily fees or flat rates. If the client does not use the full service, there is no claim for reimbursement for the unused part. The participation is not transferable. Costs for external services are generally charged to the client.

5a Small number of participants

Die profiler E. Chiara Hartmann reserves the right to cancel open seminars, workshops and profilings if the number of participants is too low (usually less than six) up to three days before the seminar starts and to offer alternative dates. If the seminar/ coaching/ profiling is cancelled due to illness of the trainer/ coach/ profiler, an attempt will be made to arrange an alternative date. In case of force majeure or other unforeseeable events, there is no claim for execution. There is no claim for reimbursement of travel and accommodation costs or loss of work. There is no liability for indirect damages, especially loss of profit or claims of third parties.

5b Cancellation Individual Coaching Profiling Dates

Cancellations of individual coachings / profiling by the client must be cancelled at least two working days (up to 48h) before the agreed date. In this case, the contractual partner will arrange an alternative date. The alternative date can only be cancelled or postponed again free of charge 7 working days (excl. Sat, Sun & public holidays) before the start of the date. Within the 7 days, the replacement date is to be charged 100%, except Die Profilerin E. Chiara Hartmann can rebook the appointment. If the substitute appointment is cancelled three times, regardless of the deadline, Die Profilerin E. Chiara Hartmann has the right to rebook the appointment.  Die Profilerin E. Chiara Hartmann has the right to charge the full coaching fee for the planned duration. Possible cancellation fees, such as hotel, room rental, etc. will be paid by the contractual partner, as well as travel expenses incurred. In case of no-shows or cancellations shorter than two working days (48h), Die Profilerin E. Chiara Hartmann will charge the full fee. Chiara Hartmann charges the full coaching fee for the planned duration, but at least two coaching hours. Saturday and Sunday are not considered working days in this case and are excluded from the 48-hour rule. If a participant does not take advantage of the full service, there is no right of reimbursement for the unused part. Acquired coaching hour contingents are only valid after consultation and approval by Die Profilerin E. Chiara Hartmann are transferable.

6 Change of the scope of services

Each of the contracting parties may apply to the other contracting party in writing for changes to the agreed scope of services. Upon receipt of a request for modification, the recipient shall review the modification to determine whether and under what conditions it is feasible and shall immediately notify the applicant in writing of the approval or rejection and, if necessary, give reasons for it. The content and sequence of the seminar program as well as the deployment of the trainers/coaches can be changed while maintaining the overall character of the seminar. This entitles the client neither to withdraw from the contract nor to reduce the invoice amount.

7 In-house seminars/ workshops/ mediations/ profiling at the client’s premises

The Client undertakes to make available suitable premises and necessary aids, which shall be agreed in advance with the Organizer and the executing Die Profilerin E. Chiara Hartmann are to be agreed upon in advance. Otherwise, the individual regulations apply in these cases.

8 Seminar & Coaching Cancellation

In case of cancellation of the seminar or coaching/profiling due to illness of the Die Profilerin E. Chiara Hartmann, force majeure or other unforeseeable events, there is no claim to the execution of the seminar. There is no claim for reimbursement of travel and accommodation costs or loss of work. There is no liability for indirect damages, especially lost profit or claims of third parties. If a group training course is cancelled for reasons that are the responsibility of the coach (e.g. illness) and a customer does not wish to accept an alternative date, 100% of the paid participation fees will be refunded. Further claims are excluded. The scope of the contractual service obligation is defined by the service description in the contract.

9 Coaching/Profiling

The time and place of the coaching/profiling will be mutually agreed upon by the coach and client. Individual coachings/profilings usually take place in the coaching room of Die Profilerin E. Chiara Hartmann. However, special, deviating agreements are possible. Agreed dates are generally binding. Cancellations/postponements are possible free of charge up to two working days (excl. Saturday & Sunday) before the appointment. In case of later cancellations (less than 48h – excl. Saturday & Sunday) the fee as a cancellation fee becomes due to 100%, in case of non-appearance also in full amount. Should a date have to be postponed by the coach due to force majeure (including illness, accident or similar), the coach will inform the client as soon as possible by telephone on a number to be left behind and offer a prompt alternative date.

10 Termination of the contract

Up to eight weeks before the start of the service, the contract can be cancelled in writing and free of charge without giving reasons. The date of receipt of the letter shall be deemed the deadline. With regard to participation in group trainings/profiling, the following cancellation fees will be charged in case of later withdrawal from the contract:

In case of cancellation four to eight weeks before the start of the service: 25% of the total costs,

in case of withdrawal two to four weeks before the start of the service: 50% of the total costs,

in case of withdrawal less than two weeks before the start of the service: 75% of the total cost,

in case of cancellation less than two weeks or no-show: 100% of the total costs.

A substitute participant can be provided.

11 Duty of the customer to cooperate

The coaching/profiling requires a relationship of trust between coach and client and is based on mutual appreciation and cooperation. Coaching/Profiling is an active process that requires the client’s independent participation. The coach accompanies and supports, the client should be prepared to openly deal with himself (his person and situation) as well as the discussed topic.

12 Confidential information, data protection

The contracting parties shall treat essential and not generally known matters of the other contracting party with the confidentiality customary in business life. The contracting parties shall use or process personal data of the other contracting party only for contractually agreed purposes. In particular, they shall secure this data against unauthorized access and shall only pass it on to third parties with the consent of the other contracting party.

Die Profilerin E. Chiara Hartmann attaches great importance to the special protection of customer data. She commits herself to maintain secrecy about all information given to her in the course of the coaching or in trainings/profilings concerning the person himself or her company or persons involved, also after the end of the coaching / training / profiling, and to keep written documents carefully sealed. The coaches guarantee silence analogous to the medical confidentiality. Excluded from this are employees of the Coach, who are also subject to the duty of confidentiality, as far as this directly affects the course of the Coaching. Confidential information will be used exclusively for the purposes of the contractually agreed coaching. All documents provided by the Coachee or filled out by him/her become the property of the Coach due to the legal documentation obligation and will be kept carefully sealed by the Coach for a period of at least ten years. Authorized third parties are obligated according to these regulations.

13 Copyright/ Copyrights

With the registration the client commits himself to the following points:

All written documents as well as all audiovisual media handed over to the client are for the personal use of the client only. Seminar-accompanying workbooks or documents, handouts, etc. are subject to copyright and may not be reproduced photomechanically or electronically at any time and under any circumstances. All rights are reserved. The documents may not be reproduced, processed, duplicated, distributed or used in any other way without the express permission of the trainer, coach, consultant.

14 Liability

The coaching activity / profiling is a service that does not include a guarantee of success. All recommendations given in coaching are carefully weighed. A liability is excluded. Participation in events is always at your own responsibility and risk. Participation in coachings/profilings or trainings requires normal mental and physical resilience. The sessions are no substitute for medical treatment or psychotherapy. No insurance is included in the fee/ participation fees.

14a Liability

The respective seminar / profiling is carefully prepared and carried out according to the current state of knowledge. We assume no liability for the utilization of the acquired knowledge. Die Profilerin E. Chiara Hartmann is liable for damages caused by her intentionally or grossly negligent. We expressly point out that sports, travel and outdoor events may be subject to a low risk. All participants should feel physically and mentally up to the demands of the event. You are responsible for your own actions. Die Profilerin E. Chiara Hartmann does not take responsibility for disadvantages that arise despite careful clarification of the order, due to missing prerequisites on the part of the participants. We also reserve the right to exclude from the event program participants whose behavior damages our reputation as guests. The costs incurred in the event of premature departure shall be borne by the customer.

15 Anti-securities declaration

The seminars/ coachings / profiling are based on sound, scientific foundations – not on ideologies or sectarian culture. Therefore I dissociate myself explicitly from organizations like Scientology and the like and refuse any cooperation with this or similar organizations as well as people or companies close to them.

16 Place of jurisdiction

Place of jurisdiction is exclusively Pforzheim.

17 Final provisions

The law of the Federal Republic of Germany applies to our business relations and the entire legal relationship between us and the client. Should a provision of these terms and conditions or a provision within the framework of other agreements be or become invalid, the validity of all other provisions or agreements shall not be affected. Agreements negotiated differently are only valid if they have been agreed in writing. The General Terms and Conditions of the respective supplier shall apply to orders that are arranged by us but confirmed, delivered, executed and invoiced directly by the suppliers. Additional or deviating agreements must be made in writing. The invalidity of individual provisions of the contract shall not affect the validity of the remaining provisions.

Status 2017 – subject to change

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