1. General

§1 Application of the General Terms and Conditions

1. These terms and conditions apply unless otherwise stated, to any services such as individual and group coaching, workshops, or pieces of training offered and performed by Claudia Kreischer (Wishyourlife) - hereinafter referred to as the contractor - as a service contract in the sense of §§ 611 ff BGB. Deviations from these General Terms and Conditions must be agreed upon in writing.
2. The Contractor is entitled to refuse a service contract without giving reasons if the necessary relationship of trust cannot be expected, if she cannot or may not coach and advise due to her specialization or for legal reasons, or if there are reasons that could bring her into conflicts of conscience. In this case, the fee claim of the contractor for the services incurred until the rejection of the consultation remains.

§2 Content of the service contract

1. The Contractor provides its services to the Client so that it applies all its knowledge and skills for consulting, training, and prevention. The Contractor is entitled to use the methods corresponding to the Client's presumed will unless the Client decides otherwise.
2. A subjectively expected success of the client cannot be promised or guaranteed. The subject of the contract is, therefore, the provision of the agreed coaching or training service, not the achievement of the client's specific goal. Insofar as the client rejects using such discussions, measures, or relaxation procedures or wishes to be coached or trained exclusively according to scientifically recognized methods, he/she must declare this to the contractor.
3. The Contractor is entitled to use employees, external trainers, staff, and other vicarious agents to fulfill the contract.

§3 Legal framework

1. Coaching and training are explicitly not the practice of medicine. Therefore, the contractor may not determine, cure and alleviate diseases according to HPG § 1 para. 2. The contractor is not allowed to write sick notes and is not allowed to prescribe medication.
2. Coaching and training are not psychotherapy and are not a substitute for such. The client, therefore, bears full responsibility for his/her actions during the entire coaching or training process, both during and outside the coaching or training sessions. Participation in a coaching or training session requires normal mental and physical resilience. 

2. Offers, Fees

offers, fees – Offers for commercial customers/clients are always provided in written form and confirmed by the Contractor in writing by means of an order confirmation after acceptance by the Client. Offers made orally are therefore not binding.

Offers for private clients / Clients can also be submitted verbally and bindingly in the course of the clarification of the assignment or an initial meeting. These are additionally recorded and agreed upon in writing in a coaching or training agreement.

All offers are subject to change without notice, are quoted in euros, and do not include the statutory value-added tax applicable at the time of performance. The contractor reserves the right to make changes.

The Contractor is entitled to a fee for its services. If the fees have not been agreed individually between the Contractor and the Client, the rates listed in the Contractor's price list shall apply. Other fee lists or directories do not apply.

The fees specified in the coaching or training agreement will be charged for coaching, consulting, and training services. If the coaching or training takes place outside Munich, additional travel and accommodation costs will be charged, which will be communicated to the client in advance. 

As long as there is no confirmation of costs from another source, the client/customer is considered the debtor of the coaching or training fee, including all additional costs incurred, such as travel, accommodation, and rental costs for technical equipment, etc.

The fees are generally due for payment immediately without deduction before each appointment or after the presentation of the invoice. Terms of payment, installment payments, or special conditions are to be agreed upon before the service starts and recorded in the coaching or training agreement. 

3. The customer's duty to cooperate

Every coaching, workshop, and training is based on the preparatory discussions held between the parties. It is based on cooperation and mutual trust. In this context, the Contractor would like to point out that coaching and training is a free, active, and self-responsible process and that specific successes cannot be guaranteed. The contractor is available to the client as a process facilitator and support for decisions and changes - but the client does the actual change work.

The client is not obliged to participate actively. In most cases, however, cooperation is only meaningful and possible with the active participation of the client or the participants. This applies to providing the necessary information as an essential prerequisite for coaching or training and active cooperation in all offered methods.

The refusal of a recommended or necessary medical examination can also be decisive for further cooperation in the client's sense.

4. Withdrawal from the contract 

§1 by Claudia Kreischer (Wishyourlife) (Contractor)

The Contractor is entitled to withdraw from the contract in particular:

• if the trust is no longer given, especially if the client denies coaching or training contents
• if there are not enough registrations for a workshop/training/event
• if the event has to be canceled for reasons for which the Contractor is not responsible. This is the case, for example, in the event of illness/accident or force majeure

In this case, the contractor shall notify the contractual partner (client/principal) immediately.

In addition, an alternative date will be arranged individually and in consultation.

The client has no claim to reimbursement of costs incurred by him/her, such as travel, accommodation, and subsistence costs or other expenses incurred by him/her. The contractor also has no legal claim to reimbursement of the travel costs incurred. The organizer/contractor is expressly not liable for damages and consequential damages claims. 

§2 by the contractual partner (client/principal)

The client also has the right to terminate the cooperation if the trust is no longer given. This must be done in time - at least one week before the booked appointment and in writing.

A booked individual coaching appointment can be canceled up to 48 hours before the agreed appointment. If it is a Monday appointment, it can be canceled no later than 1 pm on Friday. This can be done by phone or in writing (incoming mail/mail). Cancellations at a later date will be charged the minimum amount of one session. There is no charge for an initial coaching appointment, and a new appointment will be scheduled.

A separate coaching contract regulates cancellation of booked coaching packages at a reduced price.

Cancellation of group coaching, seminars, and workshops can only be accepted in written form.

Cancellation (by mail/mailed) to the Contractor up to 30 days before the agreed performance date is free of charge.

Cancellations within 30 to 21 days before the event's start will be charged 50% of the fee, and from 21 to 14 days before the event's start will be charged 75% of the fee. In case of cancellation within 14 to 0 days before the start of the event or in case of a no-show, the total costs will be charged.

If a substitute participant named by the client takes over the accessible place, no cancellation costs will be incurred. If there is an illness, an alternative date for the participant will be agreed with the customer. If this replacement date is also canceled, the full participation fee will be charged. For withdrawal from an ongoing coaching process, written individual agreements will be made in a separate contract upon request 

5. Copyright 

All concepts and documents (both in written and digital form) issued to the client or participants are included in the fee agreed upon in writing. The concepts and documents are intended purely for the personal use of the client(s), and the seminar participants; the transfer to third parties and commercial use are expressly prohibited.

The copyright to the concepts and the documents issued belongs solely to the Contractor. The client is not permitted to reproduce the documents and concepts in whole or in part and/or make them available to third parties without the written consent of the contractor. The client must inform the seminar participants accordingly and oblige them to observe the copyrights.

The Contractor warrants that its training materials are free of third-party rights.

6. Liability

The contracts concluded by Claudia Kreischer (Wishyourlife) are service contracts unless otherwise expressly agreed. The subject of the contract is, therefore, the provision of the agreed services, not the achievement of a particular success.

All documentation, as well as advice and information for coaching, training, and workshops, are carefully prepared and reviewed by Claudia Kreischer (Wishyourlife).

The work to promote and develop the personality of clients* and participants* is carried out to the best of our knowledge and ability. A guarantee of success cannot be given. Liability is excluded.

The dispatch or electronic transmission of any data shall be at the client's risk.     

7. Confidentiality /data protection

§1 Confidentiality of coaching or training

1. The Contractor shall treat the data of the Client strictly confidentially and shall maintain confidentiality vis-à-vis third parties about the content of the discussions, exercises, and their accompanying circumstances, the personal circumstances of the Client, and all operational, business and private matters of the Client that become known in the course of the activity, even after termination of the contract. Information about this can only be given with the client's express consent. The written form requirement may be waived if the information is provided in the interest of the client, and it can be assumed that the client will agree.
2. 7 Section 1 (1) shall not apply if the Contractor is legally required to disclose the data and is obliged to provide information, for example, to investigate criminal offenses or by official or court order. This also applies to the information provided to legal guardians but not to information provided to spouses, relatives, family members, colleagues, or superiors.
3. 7§ 1 para. 1 is furthermore not applicable if, in connection with the consulting, training, and prevention of personal attacks against the contractor, your professional practice take place, and you can exonerate yourself with the use of accurate data or facts.
4. The Contractor shall keep records of the services rendered. The client is entitled to inspect these records. He/she may demand that these records be handed over and shall, in this case, receive a copy of the information recorded therein. 7 § 1 para. Two remain unaffected.
5. If the client requests a detailed report on the coaching or training, the contractor will prepare this report at cost and fee according to the actual time spent based on the records made.
6. Furthermore, the Contractor must carefully store the documents and records provided for the consulting activity and protect them against inspection by third parties.

§2 Privacy

The Contractor requires the name, e-mail address, and address to process the order of the Client / Participant and to keep him / her informed about their registration status. The Contractor will not make your data available for use by third parties unless necessary for the contract's performance. The data necessary for the business transaction will be stored. Upon request, personal data will be deleted after the service has been provided.

8. Insurance coverage

Each client bears full responsibility for him/herself and his/her actions inside and outside the coaching sessions and is responsible for any damage caused. Participation requires normal mental and physical resilience.

The client is always the organizer of seminars, team coaching, and workshops. The participants, therefore, have no insurance coverage from the contractor.

9. sect declaration

The Contractor dissociates itself from cult worship, expressly from organizations such as Scientology or the like, and rejects any methods, connections, and cooperation with such.

10. Place of performance and jurisdiction 

The place of performance for service and payment is Munich. The place of jurisdiction is the competent local court in Munich, even if the customer is a registered trader or has no general place of jurisdiction in Germany.

The law of the Federal Republic of Germany shall apply.

11. Final provision (severability clause)

Should individual provisions of this contract be invalid or unenforceable or become invalid or unenforceable after the conclusion of the contract, this shall not affect the validity of the remainder of the contract. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision whose effects most closely approximate the economic objective pursued by the contracting parties with the invalid or unenforceable provision. The above provisions shall apply mutatis mutandis if the contract proves to be incomplete.

Munich, May 2023