General Terms and Conditions (GTC) for Coaching and Seminars
1. Scope
1.1
The following general terms and conditions apply to all legal transactions conducted by Dr. Doris Bell under this contract with her contract partner, hereinafter referred to as 'Customer or Participant'.
1.2
Changes to these terms and conditions will be communicated to the customer in writing. They are considered approved if the customer does not object in writing. The customer must send the objection to the organizer within three weeks of being notified of the changes.
1.3
Deviating terms and conditions of the customer do not become part of the contract unless Dr. Doris Bell has expressly agreed to the customer's terms and conditions.
2. Customers
Dr. Doris Bell's offer is aimed at business owners and consumers.
- consumer is any natural person who enters into the contract for purposes that are predominantly neither commercial nor self-employed professional activities (§ 13 BGB).
- business owner is any natural or legal person or a legally capable partnership who, when concluding the contract with Dr. Doris Bell, is acting in the course of their commercial or self-employed professional activity. (§14 BGB).
3. Subject of the Contract
3.1
The contract is concluded for the service selected by the customer from Dr. Doris Bell. A precise description and listing of the services offered are provided by the provider, among other places, in her business premises, on her website, and through other media used by her.
3.2
The customer can choose between coaching over the internet (hereinafter referred to as "Online Coaching") or on-site coaching (hereinafter referred to as "On-Site Coaching").The type and scope of the coaching are determined by the service description in the contract concluded between Dr. Doris Bell and the customer.
4. Formation of the contract
4.1
The customer has the option to submit a contact request via the contact form on Dr. Doris Bell's websites at www.dorisbell.de and www.grenzenlos-frei.org. After providing their name, phone number, and email address, the customer receives a confirmation email at the email address they provided.
- The customer can also contact Dr. Doris Bell by email at doris.belll@posteo.de or by mail at Varnaesvej 70, DK-6200 Aabenraa to arrange an initial consultation or appointment.
- All initial consultations are arranged without obligation and are free of charge for the customer.
- All preliminary discussions are requested without obligation. Dr. Doris Bell will send the customer a binding offer in writing. Once the customer confirms the offer in writing, a binding contract for the services specified in the offer by Dr. Doris Bell is concluded.
4.2
After contact is made according to 4.1, Dr. Doris Bell will send the customer a binding offer in writing.
Once the customer confirms the offer in writing, a binding contract for the services specified in the offer by Dr. Doris Bell is concluded.
4.3
In the case of a group registration, Dr. Doris Bell – depending on the agreement – a) concludes a participation contract with the person responsible for the group or the authorized representative for and on behalf of the group, or b) with each individual group member.
4.4
Dr. Doris Bell reserves the right to cancel or terminate the event up to 3 weeks before it starts, after exhausting all options, if it is not reasonable to hold it because the booking numbers for the event are so low that the costs incurred would exceed the economic limit of sacrifice.
However, the organizer's right to withdraw only exists if they can prove the circumstances leading to the withdrawal and have offered the customer a comparable alternative. The paid participation fee will be refunded immediately.
5. Online-Coaching
5.1
To participate in an online coaching session, the client needs an internet-enabled device with a stable internet connection, an up-to-date browser, speakers, a microphone, possibly a webcam, and a current operating system such as Windows or Mac OS. Using the browser, the client can access the link provided by the provider. On the Zoom website, the client can find detailed system requirements for participants. For mobile devices, access is possible via the Zoom app, which can be found in the Download Center. The client is responsible for ensuring that these requirements are met.
5.2
The online coaching proceeds as follows: Dr. Doris Bell sends an invitation link for the session. The client agrees to keep the link confidential and not share it. The client joins the video call at the agreed-upon time.
6. On-Site Coaching
6.1
For an on-site coaching/seminar, the client provides Dr. Doris Bell with the rooms required according to the type and scope of the coaching, unless other arrangements have been made.
6.2
The process is as follows:
Dr. Doris Bell conducts a coaching session with the coachee aimed at capturing, processing, and optimizing their current situation.
The coaching is based on the preparatory conversation conducted between Dr. Doris Bell and the coachee. It is based on cooperation and mutual trust. The coachee agrees that the coach may reflect on the training/coaching process in an anonymized form as part of supervision, intervision, or mentor coaching. They also agree to scientific support or evaluation and possible publication in anonymized form.
Dr. Doris Bell would like to remind you again that coaching is a self-responsible, active, resource-, goal- and solution-oriented, but open-ended process, and certain successes cannot be guaranteed. She is available to the coachee as a process companion and a trigger for change – the actual work of change is done by the coachee.
Dr. Doris Bell provides her services to the coachee by applying her knowledge and skills for the purposes of advice, training, and prevention. She is entitled to use the methods that correspond to the presumed wishes of the coachee, as long as the coachee does not make a decision about this.
2) A subjectively expected success of the coachee cannot be promised or guaranteed. The purpose of the contract is therefore the provision of the agreed coaching service, not achieving a specific goal of the coachee. If the coachee rejects the use of such conversations, measures, or relaxation techniques and only wants to be coached according to scientifically recognized methods, they must inform the coach of this. The subject of the contract is also defined orally in the first meetings.
7. Prices and Payment Terms
7.1
The fees for coaching specified in the contract concluded with the client apply. All prices include all taxes and charges (total prices).
7.2
Any necessary travel expenses incurred by Dr. Doris Bell for the coaching will only be covered by the client if previously agreed with Dr. Doris Bell in writing.
7.3
The client is required to make advance payment for the coaching fees. All payments are due 14 days after invoicing without any deduction, unless otherwise agreed in the contract concluded with the client.
7.4
Payment processing takes place as agreed.
8. Contract Duration and Termination
8.1
The term of the contract (duration and frequency of the coaching) is determined by the agreement made between the client and Dr. Doris Bell. The agreed contract term is considered the maximum contract period, unless otherwise specified.
8.2
The right for extraordinary termination by either party remains unaffected. Dr. Doris Bell, in particular, has the right to extraordinary termination if
- the client is in default with payment despite reminders
- the client has not yet paid, and a preliminary or final insolvency proceeding is opened regarding the client's assets
- the client has concealed serious limitations or illnesses that make coaching impossible
9. Scope of Services and Unused Services
9.1
The scope of services is determined by the respective contract between Dr. Doris Bell and the customer.
9.2
If a customer does not use certain services, Dr. Doris Bell reserves the right to still charge the full participation fee. This does not apply if the customer can prove that no or only minor damage has occurred.
10. General Terms of Participation, Exclusion of Participants
10.1
Dr. Doris Bell reserves the right to exclude individual participants from the coaching if conducting the coaching with the respective participant is unreasonable.
10.2
A justified reason for excluding a participant exists especially if
- the participant repeatedly disrupts a group event despite a single warning from Dr. Doris Bell
- the participant does not have the necessary technical or intellectual requirements to participate in the coaching
10.3
In the case of on-site coaching, each participant signs a separate liability waiver covering personal and property damage arising from participation in the seminar/coaching/training.
10.4
In the case of on-site coaching, the participant agrees not to be under the influence of alcohol or any other substances that could impair reaction time or physical well-being. If this rule is violated, the organizer has the right to exclude the participant from the event.
10.5
In the case of on-site coaching, the organizer's trainer/coach/seminar leader must be informed of any health issues or illnesses so that the participant can be protected from harm as much as possible.
10.6
If there are obvious health problems, the organizer has the right to exclude the affected customer from the event. The organizer reserves the right to charge a proportion of the participation fee. The customer is free to prove that less effort was involved.
11. Confidentiality
Dr. Doris Bell commits to keeping all personal information shared by the client for the purpose of coaching confidential.
Sharing the information mentioned in the previous paragraph with third parties is not allowed. This does not apply if Dr. Doris Bell is legally required to share the data.
The confidentiality obligation does not apply to information that is generally known or becomes known, as well as in cases of legal or official disclosure requirements.
12. Intellectual Property
12.1
The intellectual property of all coaching and training materials created by Dr. Doris Bell remains with Dr. Doris Bell.
12.2
Dr. Doris Bell grants the client the simple, non-exclusive, and non-transferable right to use the coaching materials she provides for the purpose of conducting and following up on the coaching.
13. Liability
13.1
Dr. Doris Bell is liable in all cases of contractual and non-contractual liability in the event of intent and gross negligence, in accordance with the statutory provisions.
13.2
In other cases, Dr. Doris Bell is only liable for breaches of a contractual obligation, the fulfillment of which makes the proper execution of the contract possible in the first place and on which the customer can therefore regularly rely (so-called cardinal obligation). In all other cases, liability is excluded.
13.3
As far as Dr. Doris Bell is liable in principle, this liability is limited to damages that she foresaw as a possible consequence of a breach of contract at the time of concluding the contract or should have foreseen with the use of reasonable care. Indirect damages and consequential damages resulting from defects in Dr. Doris Bell’s performance are also only compensable to the extent that such damages are typically to be expected in the proper use of the service.
13.4
Dr. Doris Bell’s liability for damages resulting from injury to life, body, or health and under the Product Liability Act remains unaffected by the above limitations and exclusions of liability.
14. Set-off, Assignment, and Right of Retention
14.1
The customer is only entitled to set-off against claims that are legally established or undisputed against Dr. Doris Bell. The same applies to the assertion of rights of retention.
14.2
Assignment of claims against Dr. Doris Bell to third parties is only possible with her consent in text form.
15. Other Provisions
Additions and changes to the agreements made between Dr. Doris Bell and the customer, including these GTC, require text form to be effective.