Scope
These General Terms and Conditions (hereinafter referred to as “GTC”) apply to all legal transactions with consumers and entrepreneurs (hereinafter also referred to as “Customer”) with the health and lifestyle coach Melanie Hennes (hereinafter referred to as “Coach” or “Melanie Hennes”), in particular, but not exclusively, regarding contracts for services such as consultations and/or coaching (hereinafter referred to as “Service”). These GTC exclusively apply. Conditions deviating from these GTC, which you may use, are not recognized by Melanie Hennes unless Melanie Hennes has expressly agreed to their validity in writing or in text form. Legal transactions can be concluded via the contact form or through email communication. The language available for concluding the contract is exclusively German. Translations into other languages, in particular, but not limited to, English, are for informational purposes only. The version of the GTC valid at the time of conclusion of the contract is decisive.
Subject
Matter of the Contract The subject matter of the contract can be coaching programs, individual coaching, and group coaching as services (non-exhaustive). All offers on the Internet website (in progress) as well as on the social media platforms Instagram [https://www.instagram.com/coach.mel.14/] are non-binding and do not constitute a legally binding offer to conclude a contract. The provision of coaching content, services, and/or advice explicitly does not imply any specific success to the customer. The designations “Coach” or “Health Coach” or “Life Coach,” which are not protected in Germany, also do not obligate to a duty of success. Melanie Hennes has the right to determine the scope of services according to §315 of the German Civil Code (BGB).
Prices / Payment Terms / Due Date / Default
The prices are stated as net prices plus the statutory value-added tax both in the offer and in the invoice. The prices are valid at the time of booking the coaching. Should specific discount or promotional offers be advertised, these are limited in time or quantity. There is no entitlement to these offers. Invoices are issued via email in the form of a PDF document to the recipient of the service. Upon receipt of this email, the invoice amount is immediately due and payable to Melanie Hennes’s bank account specified in the invoice within 14 days. The entitlement to the respective services exists from the date of receipt of payment and depends on the respective scheduling with Melanie Hennes. Payment in installments is only possible by prior written agreement and with prior mutual consent to the conditions set by Melanie Hennes. For late payments, costs for separately incurred processing, such as dunning, may apply. These costs amount to a flat rate of €5.00. In the event of persistent non-payment after successful internal dunning, Melanie Hennes may refer the matter to a lawyer for collection. The costs of legal action in this case are to be borne by the customer. The customer is free to prove that no damage has occurred at all or that a significantly lower damage has occurred. Except for undisputed or acknowledged counterclaims, the customer is not entitled to assert a right of retention with regard to payment claims from Melanie Hennes. In the event of default on payment or other default, Melanie Hennes is entitled to refuse, withhold, or interrupt the service until all due payments have been made. These rights are without prejudice to any other contractually agreed or statutory rights and claims of Melanie Hennes.
Conclusion of Contract
The consulting service arises through the initial discussion between Melanie Hennes and the customer, whereby the initial contact can be made via email, social media platforms, or the contact form. The initial discussion lasts approximately 30 minutes and takes place personally, by phone, or via video call depending on the arrangement made by Melanie Hennes. The initial discussion covers questions clarifications, coaching process, payment terms, and whether Melanie Hennes’ offer meets the customer’s demand. Following this discussion, the customer communicates via email whether the coaching is booked. If no communication, which can also be the confirmation of the offer, is made, there is no collaboration. The offer is sent by Melanie Hennes to the customer via email as a PDF document. Acceptance of the offer, by written notification, constitutes a commitment. The contract is concluded with this confirmation of the offer. Upon receipt of your consent/authorization, Melanie Hennes will then issue the invoice, which you will also receive by email. Payment is made in advance. The entire invoice amount is due immediately upon commissioning. Further details can be found under point 3 Prices/Payment Terms/Due Dates/Default.
Contract Duration and Termination
The respective contract duration is determined by the booked coaching, which is clearly recorded in the offer and invoice in writing. The contract ends automatically upon fulfillment of the components of payment of the fee by the customer and the provision of the service by Melanie Hennes. You have the right to revoke this contract within fourteen days without giving any reason. To exercise this right, the customer is obliged to contact Melanie Hennes in writing by means of a clear statement regarding the decision to revoke the contract. This revocation is usually done by email. After expiration of this period, this contract is no longer cancellable. The extraordinary right of termination of either party remains unaffected. Melanie Hennes’ extraordinary right of termination exists in particular if you intentionally violate provisions of these GTC and/or commit prohibited acts intentionally or negligently, or if the trust relationship between both parties is sustainably disturbed so that further cooperation is unreasonable. A default of more than twice the due invoice amount also entitles Melanie Hennes to terminate the contract.
Place and Duration of a Single Coaching Session
A coaching session typically lasts 45 minutes and takes place online as 1:1 coaching or group coaching, depending on the agreement. Coaching primarily takes place via video call (Google Meet), but not exclusively. Other media may also be used situationally, such as telephone.
Scope of Service/Cancellation of Appointments
The scope of coaching services is determined by the offer. Repeated cancellation by the customer of a booked/agreed appointment does not entitle Melanie Hennes to offer another appointment. This appointment then expires. The right to payment for the appointment remains valid. There is no entitlement to a refund. Appointment booking must be made by the Friday of the previous week for the following week at the latest. The customer is obliged to actively contact Melanie Hennes and look for a suitable appointment. If, from the customer’s side, the agreed number of coaching hours is not possible in that week, a maximum of two service units (of 45 minutes each) can be rescheduled to another coaching week. All coaching hours not taken beyond this will expire. If the customer terminates the booked coaching, regardless of whether it is the complete coaching package or a single coaching session (45 minutes), they are not entitled to a refund of payments made unless they provide a medical certificate clearly stating that participation in the coaching is not possible.
Cancellation of Coaching
Melanie Hennes reserves the right to cancel a coaching session/appointment if she falls ill at short notice and no substitute can be provided. In this case, a substitute appointment will be arranged with the customer. If no substitute appointment is possible, the customer will receive a flat fee of €30. Contractually improper behavior on the part of the customer, such as a violation of these General Terms and Conditions, entitles Melanie Hennes to exclude the customer from the coaching program. The same applies if the customer intentionally disrupts the course of the coaching program and fails to comply with the request for improvement twice, or if agreed appointments are missed more than twice. In this case, there is no entitlement to a refund of costs.
Data Collection and Processing
The data required by Melanie Hennes for the execution and processing of a booking are first and last name; address; email address; health data (if available – blood values, information about allergies, etc.); if applicable, company name and VAT ID number. The customer undertakes to provide this data, especially name, address, email address, and VAT ID, correctly. These form the basis for invoicing. In case of a change in personal information, especially in case of a change of email address, Melanie Hennes explicitly requests written notification via email to coaching@melaniehennes.com.
Technical Requirements
The customer must ensure that the technical requirements on their side are met. These include, for example, internet access, hardware, software (especially web browsers and PDF programs or others necessary for opening, managing, and editing files).
Contributions to Performance/Obligations
The basic requirement of the coaching program is mutual trust. Success of the coaching program can only be guaranteed if cooperation is cooperative. The coaching program requires the customer’s self-responsible willingness to learn. The coaching contracts concluded by Melanie Hennes are service contracts, unless expressly agreed otherwise. The subject of the contract is therefore the provision of the agreed services, not the achievement of a specific success. Action plans and recommendations by Melanie Hennes serve as guidance and decision-making aids for the customer. They do not replace decisions or resolutions.
Intellectual Property – Copyright
All copyrights, usage rights, and other protective rights to Melanie Hennes’ products remain with Melanie Hennes. For third-party products, all copyrights, usage rights, and other protective rights remain with the respective third parties. The user/customer may only use the products and services for their own purposes and is not entitled to make them available to third parties on the internet or otherwise, neither free of charge nor for a fee. Therefore, the creation of copies of files or prints for third parties, the transfer of documents to third parties, or any other exploitation, during and also after the coaching, requires the explicit prior written consent of Melanie Hennes. Trademark law protects the listed trademarks and logos. Exceptions to this are usage forms that are mandatorily permitted by legal provisions.
Confidentiality and Protection of Knowledge
All information obtained by the customer during their cooperation with Melanie Hennes regarding the provision of services must be kept confidential. This includes content related to Melanie Hennes’ ideas, schemes, experiences, and knowledge. This information is subject to trade secret protection. The customer undertakes to maintain confidentiality during and after the conclusion of the cooperation. The use of the information towards third parties requires the written consent of Melanie Hennes. Melanie Hennes is obligated to maintain confidentiality regarding all confidential information from the customer during and after the coaching duration. The confidentiality obligation also applies to confidential information of other participants in the case of group coaching. Information that was already known before the cooperation or is/was publicly accessible is not affected by the confidentiality clause/obligation. Violation of the confidentiality obligation results in a contractual penalty, the scope of which is calculated appropriately.
Liability for Content
The files and documents issued by Melanie Hennes, which may change over time, are orientation concepts that you can edit and customize. No liability is assumed for the completeness and timeliness of these documents.
Third-party Companies / Cooperation Partners
Melanie Hennes is authorized to involve other companies, especially doctors and experts in the healthcare industry, in her own name without requiring separate consent from you. A confidentiality agreement also applies to these third parties.
Liability
Melanie Hennes is liable for intent, gross negligence, and the negligent breach of duties, the breach of which constitutes a breach of a cardinal obligation. Liability is limited to foreseeable and contract-typical damages. Liability of Melanie Hennes is excluded, subject to damages resulting from injury to life, body, and health. Liability under the Product Liability Act remains unaffected.
Health Advice
The coaching contents do not include medical therapy/treatment, psychotherapy, and cannot replace them. Participation in and implementation of the recommendations provided are at the customer’s own risk. Especially for pre-existing medical conditions of all kinds and pregnant women, it is understood that the implementation of coaching contents should be discussed with the attending physician or therapist before starting. Consulting the doctor or therapist is also recommended in case of doubt.
Force Majeure
Force majeure exists if an inapplicable event from external sources acts as a causative event and would not be avoidable even with reasonable care by external parties. Non-exhaustive examples include natural disasters (floods, earthquakes, natural disasters, storms, hurricanes, fires), political events (wars, civil wars), as well as other events such as epidemics, pandemics, diseases, and quarantine orders by authorities, countries, and states. The party that first becomes aware of the event informs the other party promptly. In the event of force majeure, the parties agree that the contractual services will be suspended for the duration of the impediment. Each contracting party bears any further possible damages on its own. After the end of the unforeseen event, the contract will be resumed. Prepaid services are to be refunded by Melanie Hennes. If the event lasts longer than 18 months, the contract will be terminated by a final settlement. The 14-day payment deadline applies to both parties for the final settlement, even if this results in a credit for the customer.
Final Provisions
Melanie Hennes is entitled to amend these GTC for factual reasons. These reasons may include changes in laws, changes in offerings, changes in case law, or changes in economic conditions. If individual provisions become invalid or are declared invalid in this context, the remaining provisions remain unaffected.
Place of Performance and Jurisdiction
The place of performance and jurisdiction is Munich. The law of the Federal Republic of Germany applies.