1. General

1.1 These Terms & Conditions (T&C) apply to all coaching services including 1:1 nature coaching sessions (Walk & Talk coaching),  coaching retreats, online courses or other events (hereinafter also referred to as service provision) between Alexandra Katzer (hereinafter also referred to as contractor) and her clients (hereinafter also referred to as customer).

1.2 These T&C apply exclusively. Terms and conditions of the contractual partner that conflict with these T&C, deviate from these T&C or deviate from the legal regulations to the detriment of the contractor will not be recognized unless their validity is expressly agreed to in writing.

1.3 The individual provisions of these T&C apply to consumers and entrepreneurs within the meaning of Section 310 of the German Civil Code (§310 BGB). These T&C also apply to all future transactions with the contractual partner. Further agreements are only binding for the contractor if they are confirmed in writing.

1.4 The contracts concluded by the contractor are service contracts, unless expressly agreed otherwise. The object of the contract is therefore the provision of the agreed services, not the achievement of a specific result.

2. Participation

All services provided by the contractor are generally open to any interested party. However, they are not suitable as a substitute for psychotherapy or medical treatment. Participation requires mental health. Every customer is responsible for themselves before, during and after the service is provided. By placing the order, the customer confirms that they feel mentally and physically healthy and can participate in the provision of the service. If the contractor has justified doubts about the fulfillment of these requirements, the contract can be terminated by the contractor for good cause, even during the performance of the service.

In the following, the contractor informs the customer about possible dangers that can generally arise when staying in nature for Walk & Talk coaching via telephone, Zoom, or other messenger applications:

• The Walk & Talk coaching also takes place in the rain; in the event of a storm or severe weather on site, the customer is obliged to inform the contractor and to postpone the appointment.
• For Walk & Talk coaching the customer should be able to do short hikes and simple physical exercises. If the customer suffers from symptoms (e.g. due to asthma, diabetes, allergies, injuries, etc.) or is unfit for other reasons, the customer shall consult the contractor or their doctor and consider taking medication with them, especially if they know about allergies or other ailments.
• Sturdy shoes, long trousers and long-sleeved shirts are always to be worn in the forest. If necessary, clothing shall be sprayed with insect repellent and the customer shall check for ticks if they occur in the area. The customer shall not touch animals or unfamiliar plants and shall not eat forest fruits or plants unfamiliar to them.
• The customer shall pay attention to fallen trees or other possible sources of danger, such as forest barriers where de-foresting work is taking place.
• The customer is advised to not light fires or smoke in the forest.

The customer is advised to contact their doctor if they feel unwell after Walk & Talk coaching or if they experience other physical problems.

3. Registration / conclusion of contract

3.1 When the customer commissions the contractor (verbal or written booking of an online course or accompanying program; registration for a coaching retreat via registration form; booking of 1:1 coaching sessions by email or booking calendar) a binding offer is delivered.

3.2 The contract is concluded when the contractor sends the invoice and coaching agreement in writing (also by e-mail). If the required and contractually agreed deposit is not received by the due date, the contractor reserves the right to allocate the space to someone else.

3.3 The date for the provision of services is mutually agreed between the contractor and the customer and is generally binding. The customer undertakes to appear on time for all appointments. A free cancellation or rescheduling of the individual sessions is possible up to 24 hours before the appointment at the latest. After that, the fee will be charged at 100%.

3.4 For other events, the date and place will be determined by the contractor and accepted by the customer. The allocation of places for coaching retreats, online courses and other events is based on the order in which the customer register for the respective events. If a registration cannot be considered, the customer will be informed of this immediately by the contractor.

3.5 If a customer registers other persons, it can be assumed in case of doubt that the customer represents these other persons and that a separate contract with the organizer is concluded with each other person; every other person is therefore also a customer within the meaning of the contract and the T&C.

3.6 If the customer does not represent the other persons registered by them, but should the other persons not be contractual partners but only service recipients, then only the registering customer is a contractual party. The other persons are hereinafter referred to as “other participants”. The regulation of Section 334 of the German Civil Code (§ 334 BGB) is not waived in favor of the other participants.

3.7 “Participants” within the meaning of the contract and these T&C are the customer and, if applicable, the other participants.

4. Scope of service

4.1 The scope of the service is based on the respective online course with the corresponding course description, coaching contract or the advertisement for coaching retreats. A guarantee for a coaching or training course subjectively presented by the customer is not given. Coaching sessions that are not used within the validity period specified in the coaching contract expire without replacement.

4.2 Changes and deviations from the agreed coaching retreat, which become organizationally necessary after conclusion of the contract and were not brought about by the contractor in bad faith, are permitted to the contractor as long as they do not affect the overall concept of the event.

4.3 The contractor is obliged to inform the customer immediately of changes and deviations in performance. The contractor will offer the customer free withdrawal with a declaration period of 10 days, unless the changes or deviations are only minor. A customer’s right of withdrawal according to point 6 remains unaffected.

4.4 Minor changes or deviations within the meaning of 4.3 include in particular the relocation of the coaching retreat to a comparable event location and changes in the time (of the beginning and end of the event). 

5. Fee entitlement and terms of payment

5.1 The offers are non-binding. We reserve the right to make changes.

5.2 The fees agreed in the coaching agreement will be charged for coaching services. All prices quoted are in Euros including statutory tax, unless otherwise agreed. As long as there is no written cost commitment from another party, the customer is deemed to be the debtor of the coaching fee.

5.3 After receipt of the invoice for online courses, accompanying programs and 1:1 coaching, the entire amount is 100% payable immediately upon receipt of the invoice. For coaching retreats, a deposit of 25% is to be paid. The remaining payment is due 31 days months before the start of the retreat. If you register later, 100% of the amount is payable immediately after receipt of the invoice.

5.4 A payment is only deemed to have been made when the entire invoice amount has been credited to the contractor’s account. If the customer is in arrears with payment, the performance of the service can be postponed to another date.

5.5 The customer is not entitled to offset against claims of the contractor, unless it is an undisputed or legally established claim.

6. Termination or withdrawal by the customer retreats

6.1 Termination or withdrawal from coaching retreats by the customer by the customer

6.1.1 Agreed dates are generally binding. Withdrawal from the contract is only possible for coaching retreats, taking into account the following conditions, and must be in writing.

6.1.2 If the execution of the order is prevented by the customer after the contract has been concluded, the following cancellation regulation applies to coaching retreats with companies, entrepreneurs and private individuals (customers), subject to the proviso of basic scheduling flexibility for both parties:

• up to 60 days before departure 50% of the travel price
• 59 to 31 days before departure 75% of the travel price
• 100% of the travel price from 30 days before the start of the retreat or in the event of non-commencement of the retreat (no-show).

The decisive time for the amount of the cancellation fee is the receipt of the written declaration of cancellation by the contractor.
NOTE: If you are considering termination, please speak to the contractor beforehand. In this way, a mutually beneficial solution can be found.

6.1.3 The conference fee (accommodation and full board in the retreat house) will be invoiced in any case and must be paid by the customer if the place cannot be occupied elsewhere. In any case, a substitute can always be named and take part in the training (provided that they meet any existing participation requirements).

6.1.4 The contractor reserves the right to charge compensation in individual cases based on the costs incurred. The contractor will specifically quantify and document these costs for the customer. The expenses saved by the contractor as well as any income gained through the use of the service will be taken into account.

6.1.5 The customer is permitted to prove that no damage or depreciation occurred at all or that it was significantly lower than the cancellation fee charged under 6.1.2.

6.1.6 Any deposits paid by the customer will be offset against the cancellation fee.

6.1.7 For coaching retreats that are carried out with the help of a tour operator, the cancellation conditions and T&C of the respective tour operator apply.

6.2 Termination or withdrawal from online courses, accompanying programs and 1:1 coaching by the customer

6.2.1 Withdrawal from an online course or accompanying program that has already been booked is excluded. If the customer decides not to take advantage of all the offers contained in the package, their obligation to pay for the online course or the accompanying program in full does not expire. Excluded from this regulation are online courses with an explicitly granted right of withdrawal (“money-back guarantee”).

6.2.2 It is not possible to withdraw from a 1:1 coaching that has already been booked.

6.2.3 If you are considering termination, please speak to the Contractor beforehand. In this way, a mutually beneficial solution can be found.

7. Termination or withdrawal on the part of the contractor

7.1 Withdrawal or termination of coaching retreats by the contractor

7.1.1 If a down payment agreed in accordance with 5.3 is not made within the period set for this and the contractor has set a reasonable grace period for the down payment, within which the customer has also not made payment, the contractor is entitled to withdraw from the contract.

7.1.2 Furthermore, the contractor is entitled to withdraw from the contract for an objectively justifiable reason. There is an objectively justifiable reason if:

a) force majeure or another circumstance for which the contractor is not responsible unforeseeably complicates, jeopardizes or impairs (makes impossible) the fulfillment of the contract. In addition to forces of nature such as storms, floods, etc., this also includes illness of the persons responsible for the implementation of the event and the unusability of the intended event location or similar incidents;

b) a minimum number of participants has been contractually agreed or specified in the offer for the event and is not reached. The contractor is obliged to notify the customer of the cancellation of the event (coaching retreat) immediately if it is certain that it will not take place because the minimum number of participants has not been reached, but no later than 30 days before the event;

c) it is not reasonable for the contractor to carry out the event because the economic sacrifice limit is exceeded due to circumstances beyond his control;

d) the customer or another participant significantly disrupts the execution of the contract despite a warning or if the withdrawal is justified to protect the other participants or the contractor or his vicarious agents; this also applies after the start of the event;

e) the contractor becomes aware of the fact that the customer’s financial situation has deteriorated significantly after the conclusion of the contract, in particular if the customer does not settle due claims of the contractor or does not provide sufficient security, and the contractor’s claims for payment therefore appear at risk;

f) the customer has filed an application for the opening of insolvency proceedings over his assets, has submitted an affidavit in accordance with Section 807 of the Code of Civil Procedure (§807 Zivilprozessordnung), has initiated out-of-court debt settlement proceedings or has stopped making payments;

g) insolvency proceedings are opened against the customer’s assets or the opening of the same is rejected for lack of assets or for other reasons.

7.1.3 The contractor must immediately inform the customer in writing of the exercise of the right of withdrawal.

7.1.4 In the aforementioned cases of withdrawal, the customer is not entitled to compensation for damages due to the withdrawal.

7.1.5 In the cases of

• 7.1.2 a, b and c, the contractor will offer the customer a comparable alternative event. Changing the customer’s booking to another event is free of charge; any price difference must be settled between the parties.
  If no agreement can be reached on a replacement event or if the contractor cannot offer a replacement event, the contractor can demand payment for the services rendered up to the point of withdrawal;
• 7.1.1 and 7.1.2 d, e, f and g, the contractor can demand the agreed remuneration for the event; however, the contractor must have the value of saved expenses and any income earned through the use of the service offset.

7.1.6 Any advance payments made by the customer will be offset against the claims from 7.1.5.

7.1.7 For coaching retreats that are carried out with the help of a tour operator, the cancellation conditions and T&C of the respective tour operator apply.

7.2 Termination or withdrawal from online courses, accompanying programs and 1:1 coaching by the contractor

7.2.1 The contractor reserves the right to remove customers from the program even after the start of an online course, accompanying program or 1:1 coaching if he has the impression that this is for the highest good of the customer and/or the group is. Reasons for such an exclusion exist in particular if the contractor has come to the conclusion that they cannot support the customer in the way that would be necessary for the customer’s personal situation. In addition, there may be disqualification if the contractor finds that a customer is impeding the development of the entire group or using the course room in a way that is not beneficial to the group as a whole.

7.2.2 In such a case, all outstanding installment payments will be canceled at the time of exclusion or, if a one-off payment has been made, the course fee will be refunded proportionately.

8. Copyright

8.1 Unless otherwise agreed, all documents or media made available to the customer are included in the agreed remuneration. The documents are intended for the personal use of the customer.

8.2 The copyright to the coaching concepts, documents and media belongs solely to the contractor. The customer 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 the contractor. Publication, even in part, is prohibited.

8.3 Participation in online courses, accompanying programs and coaching retreats is for the customer’s own training. Therefore, the customer is generally not entitled to pass on the taught and mediated content in his own seminars by participating.

9. Recordings

Recordings of images and/or sound of the online courses, accompanying programs, coaching retreats, 1:1 coaching and other events of the contractor are strictly prohibited. Without prior written agreement, the contractor does not consent to the recording and use of any kind. The type, length or size of the recording (image/sound) or copy does not play a significant role. The contractor reserves the right to take legal action for the misuse of their image, sound and text rights. A clear written declaration of consent is required for the publication, use or duplication of photos, copies and recordings in image, sound or text.

10. Liability

The following limitations of liability and/or exclusions of liability apply to the liability of the contractor for the provision of any service described above, without prejudice to the statutory entitlement requirements:

10.1 The contractor is liable without limitation if the cause of the damage is due to gross negligence or intent.

10.2 For slight negligence, the contractor is only liable according to the provisions of Product Liability Act, due to injury to life, limb or health or due to the breach of essential contractual obligations. Significant contractual obligations are those whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner may regularly rely.

10.3 However, the claim for damages for the slightly negligent breach of essential contractual obligations is limited to the foreseeable damage typical for the contract, insofar as there is no liability for injury to life, limb or health. The contractor is liable to the same extent for the fault of vicarious agents and representatives.

10.4 With the purchase or booking of online courses and accompanying programs, use of coaching and/or participation in coaching retreats, the customer confirms that they are doing this at their own risk.

10.5 The contractor makes no promise of success for the purchased online courses, coaching and coaching retreats or other events.

Both parties work to the best of their knowledge and ability for the customer’s success. The contractor cannot guarantee that the defined goals or the desired success will be achieved. The customer is responsible at all times for the degree of success achieved through coaching, participation in online courses, accompanying programs and coaching retreats.

In particular, the contractor can therefore not give any assurance or guarantee that the desired success, the desired goal or other expectations of the customer will be achieved through the coaching carried out by the contractor. Rather, it depends on the individual skills of the individual customer.

10.6 The customer is always responsible for their personal and/or professional change and is willing to work on themselves as far as possible in order to achieve the desired change. The customer therefore also acknowledges that they are fully responsible for their physical and mental health during the duration of the online courses and accompanying programs or coaching retreats and 1:1 coaching sessions. Coaching is not psychotherapy and cannot replace it. Participation requires normal mental and physical resilience.

10.7 The contractor assumes no liability for third-party software.

10.8 The contractor assumes no liability for products, services and actions of external speakers, consultants or cooperation partners who participate in events or other services.

10.9 For coaching retreats that are carried out with the help of a tour operator, the limitations of liability and T&C of the respective tour operator apply. 

11. Customer’s duty to cooperate

Participation in accompanying programs and 1:1 coaching as well as coaching retreats takes place on the basis of the preparatory discussions held between the parties. It is based on cooperation and mutual trust. In this context, the contractor would like to draw attention to the fact that coaching is a free, active and self-responsible process and that certain successes cannot be guaranteed. The contractor is at the customer’s side as a process facilitator and support in decisions and changes – the actual change work is carried out by the customer. The customer should therefore be willing and open to dealing with themselves and their situation.

12. Confidentiality and privacy

12.1 The contractor processes personal data of the customer for a specific purpose and in accordance with the legal provisions, always with the top priority of the protection of personal data.

12.2 The personal data provided for the purpose of concluding the contract, such as name, e-mail address, address or payment details, are used by contractors to fulfill and process the contract. This data is treated confidentially and not passed on to third parties who are not involved in the booking, ordering, delivery and payment process.

12.3 The customer has the right to request information free of charge about the personal data that the contractor has stored about him. In addition, he has the right to correct incorrect data, blocking and deletion of their personal data, provided there is no legal obligation to retain it.

12.4 Further information on the type, scope, location and purpose of the collection, processing and use of the necessary personal data by the contractor can be found in the data protection declaration, which is sent to each customer separately and signed by them as a sign of consent.

12.5 The customer revocably consents to our company contacting us by means of long-distance communication, such as emails, telephone, messenger services, Facebook chat or WhatsApp).

If the customer objects to being contacted by the contractor, they must send an e-mail to: alexa@alexandrakatzer.com This objection e-mail must state all of the customer’s contact options that the contractor may no longer use to contact them. The contractor excludes any liability for incompleteness in this regard. The actual receipt of the objection email by the contractor is decisive.

12.6 The customer revocably agrees to the storage and processing of all personal data (e.g. Calendly form) left by the contractor. The consent also relates to the revocable use of cookies and the evaluation, storage and consolidation of the customer’s user behavior, as well as in the processing and transmission of data, such as personal data and user profiles for perhaps marketing and advertising purposes (e.g. Google Remarketing, Facebook Pixel / Custom Audiences) to third parties (e.g. to Facebook Inc, Google LLP, companies from non-EU/EEA countries).

The data protection regulations of the contractor apply to the revocation.

12.7 If the transmission of personal data by the contractor to third parties, such as Facebook Inc or Google LLP, has already taken place before the conclusion of the contract or before the contractor uses the services, the customer authorizes, regardless of the validity of the legal basis of Art 6 Paragraph 1 b) GDPR, the transmission and processing of their data retrospectively. The approval shall continue to exist after the Contractor has used its services and/or the business relationship with the Contractor has ended.

13. Anticult statement

The contractor hereby declares that they are not working or have not worked in accordance with the technology of L. Ron Hubbard (founder of the Scientology organization), that they have not been trained in the technology of L. Ron Hubbard and that they have not attended courses and/or seminars at any Scientology organization that uses L. Ron Hubbard’s technology and that all service delivery is not performed using that technology. In addition, the contractor rejects sectarian practices of any kind and expressly distances themself from sects and similar organizations.

14. Collateral agreements

Collateral agreements are to be agreed in writing. 

15. Invalidity of individual articles of agreement

Should individual articles of agreement of the contract with the contractual partner, including these T&C, be or become invalid in whole or in part, this shall not affect the validity of the remaining agreements. Completely or partially ineffective regulations should be replaced by a regulation whose economic success comes as close as possible to the ineffective regulation.

16. Jurisdiction and place of performance

The exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship is the registered office of the contractor. The same applies if the customer does not have a general place of jurisdiction in Germany, or moves their domicile or usual place of residence abroad after conclusion of the contract, or if the domicile or usual place of residence is unknown at the time the action is filed. In any case, the contractor is entitled to sue at the customer’s general place of jurisdiction.

The place of fulfillment and payment is the registered office of the contractor.

The entire legal relationship between the contractor and the customer is subject to the law of the Federal Republic of Germany. The applicable language is German.

Alexandra Katzer

Austrasse 42/1

97980 Bad Mergentheim

Germany

Status: July 2021