Terms and Conditions | Steviecoaching

General terms and conditions for OnTrack Accountability Coaching

1 THESE GENERAL TERMS AND CONDITIONS

1.1 What these conditions cover
These are the conditions under which we will offer you accountability coaching (coaching). The law requires us to provide you with certain key information before a legally binding contract is concluded between you and us, and that this information is provided in a clear and understandable form. These terms and conditions represent this key information in connection with our and your statutory rights and obligations.

1.2 Why you should read them
Please read these conditions carefully. These terms and conditions tell you who we are, how we can provide coaching for you, how you and we can change or terminate the contract, what to do if there is a problem and other important information. If you have any questions about these conditions, please contact us. "You" or "your" refers to the person applying for coaching.

2 INFORMATION ABOUT US AND HOW TO CONTACT US

2.1 Who we are
We are Stefanie Kohlmeyer Accountability-Coaching, a company registered in Germany. Our address is Rieslingstraße 11, 67269 Grünstadt. In these terms and conditions "we", "us" or "our" Stefanie Kohlmeyer Accountability Coaching means

2.2 How you can contact us
You can contact us by sending an e-mail to chaosfees@gmail.com.

2.3 How we can contact you
We will contact you by phone, WhatsApp, SMS messages and/or by e-mail to the address or phone number you provide us with.

3 OUR CONTRACT WITH YOU

3.1 How we will accept your application
Your application will be accepted when we confirm by e-mail that it has been accepted. At this point a contract is concluded between you and us.

3.2 If we cannot accept your application
If we are unable to accept your application, we will inform you by e-mail and will not charge you any fees. This may be due to the fact that we believe that you are unsuitable for accountability coaching at this time (due to personal circumstances or health problems) or that there are no available places for coaching during the current coaching cycle or in the near future.

4 COACHING

4.1 How our coaching works
Coaching is a unique fitness programme based on a personal relationship between you and us. We are committed to helping you make your daily decisions and ensuring that you stay on track to achieve your health and fitness goals. We contact you before or after your training sessions and help you take responsibility for your daily decisions.

Coaching is provided via WhatsApp messages (both text and voice) and emails 6 days a week (Monday to Saturday inclusive).

The coaching is carried out as follows:
- You will receive emails from us, usually on a Sunday evening, setting out your goals for the week;
- You will then receive a WhatsApp message from us in the morning asking you to set your goals for the day and when you need to contact us;
- You will then be in regular contact with the coach throughout the day and will contact us if necessary;

We will try to respond as quickly as possible during the day (Monday to Friday) and within reason to the check-in messages (e.g. messages about meals consumed or training completed; see point 5.1). If there is a reason why we will not be able to respond to messages on a particular day, we will try to inform you. Although you are free to send messages at night, we will not be able to reply to these messages until the following day. We do not guarantee that we will be able to reply to all messages within a certain time frame, but we will try to reply as soon as possible.

4.2 When we do the coaching
We will start the coaching from the date indicated in the acceptance email. This will usually be on a Monday.

4.3Duration of the coaching
We will conduct the coaching in a 4-week cycle. Each cycle lasts 4 weeks. (Except for special offers or specials, which are advertised separately)

The first coaching cycle will last 4 weeks from the date indicated in the acceptance email. For example, if the coaching starts on 26 January, the first coaching cycle lasts until 23 February.

If you do not inform us in writing that you wish to continue the coaching (see below), the contract ends automatically at the end of the first coaching cycle.

4.4 Extension of the coaching phase
While we will normally try to contact you towards the end of each cycle to clarify whether you wish to continue for a further cycle of 4 weeks, if you wish to continue coaching beyond the first cycle, you must notify us in writing (either by email or SMS/WhatsApp message) at least 3 days before the end of the first coaching cycle that you wish to continue for a further cycle of 4 weeks. For example, if the first coaching cycle ends on 23 February, you must inform us in text form by 20 February at the latest that you wish to continue the cycle. Once you have confirmed in text form that you wish to continue coaching for a further 4-week cycle, this contract will be extended for a period of 4 weeks and will expire at the end of the cycle in question, provided that you make payment for this additional cycle in accordance with this contract and before the start of the new cycle.
If you then wish to continue coaching for further periods of 4 weeks, you must also notify us in writing (either by email or SMS/WhatsApp message) at least 3 days before the end of the coaching period that you wish to continue coaching for a further 4 weeks. Once you have confirmed in text form that you wish to continue coaching for a further 4-week cycle, this contract will be extended for a period of 4 weeks and will expire at the end of the relevant cycle, provided that you pay for this additional 4-week cycle in accordance with this contract and before the start of this new cycle.

If you do not inform us in writing that you wish to continue the coaching, the contract will automatically end at the end of the relevant 4-week cycle.

4.5 Delay at the start of cycles
Occasionally we may need to delay the start of cycles, and therefore some cycles may not immediately follow the previous cycle. This may be due to our lack of availability or other reasons beyond our control. We will notify you in advance if this is the case. If you decide to continue for the next delayed cycle, this contract will be extended and will continue until the end of that cycle.

4.6 Accountability Coaching
You acknowledge that the purpose of coaching is to build personal accountability and does not include advice on personal training, physical activity or nutrition.

5 YOUR COMMITMENT
The success of the coaching depends on your commitment to adhere to some key principles during the cycles as follows

5.1 Check-Ins
Check-ins are fundamental for the implementation of coaching. This includes sending us a message (via WhatsApp text, voice or video message) every day with the details:
- Your plan for the day (including your planned physical activity and a presentation of the meals and snacks you plan to take on that day)
- details of the physical activity you have undertaken;
- photographs of all meals, snacks and drinks; and
- if you have consumed 2 litres of water for that day

We will send you a customer contact plan with further details on when and how to contact us. You can also get in touch with us at any other time.

Repeated non-compliance with the check-ins will result in cancellation of this agreement by us.

5.2 Calorie deficit
There are no specific nutritional requirements or dietary plan in coaching and we will not provide you with nutritional advice or programmes.

However, if you want to achieve weight and/or fat loss, it is essential that you agree to eat daily in a calorie deficit. If you do not agree to eat in a calorie deficit, we may terminate this agreement.

5.3 Alcohol consumption
They recognise that the consumption of alcohol (especially in the initial coaching cycle) will greatly impede the implementation of the coaching and the results to be achieved. We therefore recommend refraining from alcohol.

5.4 Progress pictures
You agree to provide us with progress pictures and measurements on request. All images and information remain private and strictly confidential.

5.5 Physical activity
You undertake to carry out at least 30 minutes of physical activity 6 days a week.

Physical activity is a fundamental component to the success of the coaching. If you do not comply with the physical activity, this agreement may be terminated by us.

5.6 WhatsApp
The coaching is carried out via WhatsApp. You agree to receive access to WhatsApp (which can be downloaded free of charge from App stores). You acknowledge that we have no control over the data storage or the data protection practised by WhatsApp and its privacy policy. If you do not agree to the use of WhatsApp from a data protection point of view, you may not submit an application, so that in this case no contract is concluded.

5.7 What happens if you do not provide us with the required information
We need certain information from you so that we can provide you with coaching, e.g. your age, weight, height and body measurements. We will ask you for this information in text form before the coaching takes place. If you do not provide us with this information within a reasonable period of time after we have asked you for it, or if you provide us with incomplete or incorrect information, we may terminate the contract (see paragraph 10). We will not be responsible for providing coaching late or not providing part of the coaching if this is due to your failure to provide us with the required information within a reasonable time after our request.

5.8 For your information
You acknowledge that we do not claim to be medical, psychological, nutritional or other experts. We do not have any special certificates, licences or permits for this. We are not personal trainers or nutritionists.

6. PRICE AND PAYMENT

6.1 Price
The price for the first coaching cycle of 4 weeks is €270.
The price for each additional coaching cycle of 4 weeks after the first coaching cycle is €170.

6.2 When you have to pay and how you can pay
After your application has been accepted, we will send you an invoice for the above-mentioned price for the first 4-week coaching cycle. If you decide to continue with the following 4-week cycles, we will invoice you for the price as soon as we are informed that you wish to continue with another cycle.
You must pay the invoice before the start of the relevant coaching cycle. We will not start delivering the coaching to you (or, if delivery has started, suspend delivery) until payment is received.

6.3 We accept payments via the following methods:

Paypal - please follow the link on the invoice

Bank transfers
Stefanie Kohlmeyer
IBAN: EN13 5005 0201 1244 6959 53
BIC: HELADEF1822
Please use your name as reference for payment

7 HOW WE MAY USE YOUR PERSONAL DATA

Your privacy and your personal data are important to us. Any personal information you provide to us will be treated in accordance with our Privacy Policy [available at https://chaosfees.wixsite.com/steviecoaching/datenschutzerklärung], which explains what personal information we collect from you, how and why we collect, store, use and share that information, your rights in relation to your personal information and how you can contact us if you have a question or complaint about the use of your personal information.

8. OUR RIGHTS TO MAKE CHANGES

8.1 Minor amendments to the Treaty
We make changes to the coaching offered:
- to reflect changes in the relevant laws and regulatory requirements; and
- to make minor technical adjustments and improvements, for example to counter a security threat. These changes have no effect on the implementation of the coaching.

8.2 More significant changes to the coaching and these conditions
In addition, we may make more significant changes to the coaching, but if we do, we will notify you and you can then contact us to terminate the contract before the changes take effect and receive a refund for coaching paid but not received:

9 YOUR RIGHT TO TERMINATE THE CONTRACT

9.1 You can terminate your contract with us at any time
You can terminate the contract at any time before the coaching has started. You can contact us at any time before the coaching starts, but in certain circumstances we may charge you certain amounts as reasonable compensation for the costs we incur as a result of your termination of the contract.

9.2What happens if you have an important reason to terminate the contract
If you terminate the contract for any reason listed below, the contract will terminate immediately and we will refund you in full for any services not provided or not properly provided. Important reasons are:
- we have informed you of an imminent change in the coaching or these terms and conditions with which you do not agree (see paragraph 5)
- there is a risk that the coaching will be significantly delayed due to events beyond our control;
- we suspend the Services for technical reasons or notify you that you will suspend the Services for technical reasons, in each case for a period of more than 4 weeks; or
- You have a legal right to terminate the contract due to a fault on our part.

9.3 Exercise of your right of withdrawal
For services purchased online, you have the right to change your mind within 14 days in accordance with the right of revocation §312g BGB and to receive a refund without giving reasons. The revocation period is 14 days after the day on which we send you an e-mail accepting your request.

In order to exercise your right of cancellation, you must notify us of your decision to cancel this contract by means of a clear and unambiguous statement (e.g. by a letter sent by post, fax or e-mail). You can use the attached model cancellation form to do this, but this is not mandatory.

Unless you indicate otherwise, you agree that we can start coaching during the cancellation period.

If you cancel after we have started to carry out the coaching, the price of the coaching will be charged pro rata. You then pay for the period from the start of the coaching until the time of cancellation.

9.4 Termination of the contract through no fault of ours and outside the revocation period
Unless you have the right to terminate the Agreement immediately (see sections 9.2 and 9.3), the Agreement will not terminate until the end of the cycle in which you contact us. For example, if your 4-week cycle started on 26 January and you inform us that you wish to end the contract on 4 February, we will continue coaching until 23 February. We will only charge you for the services you have already paid for until the end of each cycle (in the example until 23 February).

10. OUR RIGHTS TO TERMINATE THE CONTRACT

10.1 We can terminate the contract if you break it.
We may terminate the Agreement at any time by giving you written notice:
- if you do not make payment to us when due and you still do not make payment within 7 days of our reminding you that payment is due;
- if you do not provide us with information necessary to carry out the coaching within a reasonable time after we have asked you to do so; or
- if your life circumstances have changed, which means that we believe that you are no longer suitable to receive coaching or that it is not in your medical interest to receive coaching The decision as to whether you are eligible for coaching or whether coaching is not in your medical interest is ours and is final.

10.2 You must compensate us if you break the contract.
If we terminate the Contract in the situations set out in paragraph 10.1, we will refund the money you paid in advance for the Coaching that we did not provide, but you may deduct or charge us for part of the price.

10.3 We may no longer offer coaching
We may write to you to inform you that we will stop coaching. We will inform you at least 4 weeks before the coaching is discontinued and refund any amounts paid in advance for services that are not provided.

11 OUR RIGHT TO SUSPEND COACHING

11.1 Reasons why we can suspend coaching
We may have to suspend coaching in order to:
- deal with technical problems or make minor technical changes;
- update the coaching to reflect changes in relevant laws and regulatory requirements;
- make changes to the coaching that we have previously communicated to you.

11.2 Your rights if we suspend the coaching
We will contact you in advance to inform you that we will suspend coaching unless the problem is urgent or an emergency. If we have to suspend the coaching, we will adjust the price so that you do not have to pay for the coaching during the suspension. You can contact us to terminate the contract if we suspend the services for a period of more than 4 weeks. In this case we will refund all amounts paid in advance for services not provided to you.

11.3 We can also suspend the coaching if you do not pay
If you do not pay us for the coaching at the scheduled time (see paragraph 10) and you still do not pay within 7 days after we have reminded you that payment is due, we may suspend the coaching until you have paid us the outstanding amounts. We will contact you to inform you that we are suspending the coaching.

12 IF THERE IS A PROBLEM WITH THE COACHING

12.1 How you can inform us about problems
If you have any questions or complaints about coaching, please contact us. You can write to chaosfees@gmail.com and Stefanie Kohlmeyer Accountability Coaching, Rieslingstraße 11, 67269 Grünstadt.

13 OUR RESPONSIBILITY FOR ANY LOSS OR DAMAGE SUFFERED BY YOU

13.1 We are responsible to you for any foreseeable losses and damages caused by us.
We will ensure that we conduct the Coaching in accordance with these Terms and Conditions and with reasonable care and skill, in accordance with generally accepted practices and standards in the industry and in accordance with all laws and regulations in force in Germany at the time the Coaching is conducted.

If we fail to comply with these terms and conditions, we will be liable for any loss or damage suffered by you which is a foreseeable consequence of our breach of contract or failure to use reasonable care and skill, but we will not be liable for any loss or damage which is not foreseeable. Loss or damage is foreseeable if it is either obvious that it will happen or if both we and you knew it could happen at the time you entered into the contract, for example if you discussed it with us during the sales process.

13.2 We do not exclude or limit our liability to you in any way if this would be unlawful.
This includes liability for:
- death or personal injury caused by our negligence or the negligence of our employees, agents or sub-contractors
- fraud or fraudulent misrepresentation;
- violation of your legal rights in relation to coaching, including the right to coaching as described and carried out with reasonable skill and care.

13.3 We are not responsible for delays beyond our control.
If our performance of the Coaching is affected by an event beyond our control, we will contact you as soon as possible to inform you of this and we will take steps to minimise the effects of the delay. Provided that we do so, we will not be liable for any delay caused by the event, but if there is a risk of a significant delay, you may contact us to terminate the contract and receive a refund for any services that you have paid for but not received.

13.4 We are not liable for business losses.
We deliver the coaching only for private use. We are not liable to you for loss of profit, loss of business, business interruption or loss of business opportunities.

13.5 Your legal rights
These conditions do not affect your legal rights in any way.

14 OTHER IMPORTANT TERMS

14.1 Copyright and confidentiality
We are and will remain the owner of all intellectual property rights in all materials provided to you as part of the coaching, including copyright in all materials. Nothing in this Agreement transfers to you any rights with respect to the intellectual property in the material provided to you.

You agree that you will not disclose any information regarding the Coaching to any other person, including copies of the material provided to you and the intellectual property contained in such material.

14.2 We can transfer this agreement to someone else
We may transfer our rights and obligations under these terms and conditions to another organisation. We will always notify you in writing when this occurs and we will ensure that the transfer does not affect your rights under the Agreement.

14.3 No one else has any rights under this contract
This contract is between you and us. No other person has the right to enforce any of its provisions.

14.4 Severability clause
Should any provision of this contract be or become invalid, void or voidable, the validity of the remaining provisions shall not be affected. In place of the ineffective/void provision, the parties shall agree on a provision which comes closest to the purpose intended by the ineffective/void provision. This also applies to the filling of any contractual gaps.

14.5 Even if we are in default with the enforcement of this contract, we can still enforce it later.
If we do not immediately insist that you do everything you are required to do under these terms and conditions or if we are in default in taking action against you in respect of your breach of contract, this does not mean that you do not need to do these things and it will not prevent us from taking action against you at a later date. For example, if you miss a payment and we do not draw your attention to it but continue to provide the Services, we may still require you to make payment at a later date.

14.6 What laws apply to this contract and where you can take legal action
Unless otherwise stated in the contract, the place of performance and payment shall be our place of business. The law of the Federal Republic of Germany shall apply to this contract. The application of the UN Sales Convention is excluded. The exclusive place of jurisdiction for contracts with merchants, legal entities under public law or special funds under public law is the court responsible for our place of business.

Sample revocation form

If you want to cancel the contract, please fill in this form and send it back.

To
Stefanie Kohlmeyer Accountability Coaching
Rieslingstrasse 11
67269 Grünstadt
e-mail: chaosfees@gmail.com

I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)

Ordered on (*)/received on (*)

Name of the consumer(s)

Address of the consumer(s)

Signature of the consumer(s) (only in the case of communication on paper)

Place/Date _________________

(*)delete as appropriate