Algemene Voorwaarden

Leonie Scholten Coaching & Consulting is registered in Germany.

Information according to § 5 TMG
Leonie Scholten
Purposeful Growth Coaching & Consulting
Colbestraße 2
10247 Berlin

Contact
Phone: +31 (0) 644375149
E-Mail: leonie@leoniescholten.com
VAT ID according to § 27 a Umsatzsteuergesetz: DE338515544

Editorial responsible
Leonie Scholten, Colbestrasse 2 10247 Berlin

The Site and its original content, features, and functionality are owned by Leonie Scholten and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Part 1 of the terms and conditions below apply to the coaching services and part 2 of the terms and conditions below apply to the consulting services provided by Leonie Scholten  (“the coach/consultant”), to any individual or organisation (“the client”) and constitute the contract for the service to be provided by Leonie Scholten for the client.

PART I – COACHING TERMS & CONDITIONS

1. Understanding

1.1 The term ‘coaching’  covers life coaching, career coaching, personal coaching and business coaching.

1.2 Coaching is not psychological counselling or any type of therapy, and should not be construed as such.

1.3 In return for the fees payable by the client (or by a third party on their behalf), the coach agrees to provide the service as described below and in accordance with the terms and conditions set out below. The client agrees to pay fees for the service on the terms and conditions set out below (in situations where a third party pays the fees, the third party counts as an agent acting on behalf of the client).

1.4 The date that the first coaching session takes place shall be deemed to be the start date for the service. Participation by any individual in the first coaching session constitutes acceptance of these terms and conditions. A summary of these Terms and a reference to the full Terms and Conditions will be actively provided ahead of the first session, and be signed and agreed as the “designed alliance”.

2. Responsibility

The coach will seek to enable the client to improve their quality of life or level of business success and to achieve their desired outcomes. Remarkable results can be achieved but are never guaranteed. The client has sole responsibility for taking important decisions in their life or business. The coach has no liability for any loss incurred by any client, whether financial or otherwise, following commencement of coaching sessions, or for any perceived failure by the client, whether justified or otherwise, to achieve a material improvement in quality of life or business or to achieve their desired outcomes or goals.

3. Confidentiality

Personal information or business information supplied by clients in coaching sessions will be treated as confidential. It will not be disclosed to a third party without the client’s prior permission, save where required by law or where action might be necessary to prevent harm to the client or someone else.

4. Format

Coaching takes place either online via Skype, Zoom or Google Hangouts or Face to face (venue by mutual agreement). Any other format is open for discussion and should be mutually agreed upfront.

The length of each session is agreed between the coach and the client before coaching sessions commence. The minimum time for a single session being 45min, the max 90min.

5. Collaboration

The coach will discuss the available coaching techniques with the client and agree with the client which techniques can be used / the client feels comfortable with. Both the coach and the client have the right to talk openly and candidly with their coach, and the client is encouraged to discuss any concerns they have with the coach on any area of the coaching process.  The coach welcomes openness and honesty. Feedback about the service is welcomed and can be given during a coaching session or via hello@coachingbyleonie.com. Leonie Scholten is continually striving to ensure the standard of service it provides to its clients remains outstanding.  At the end of the coaching process, or series of coaching sessions, the client will be asked to complete a feedback form.

6. Date and time

The date and time of the first session and any subsequent session will be agreed between the coach and the client by phone or email and confirmed by the coach by email.

A minimum of 6 sessions is recommended, but not mandatory. The number of coaching session will be agreed at the start of coaching between the coach and the client, and confirmed by the coach by email.

7. Session fees

In accordance with the coach’ current per session fee or fee for a programme of sessions, or any other such fee as shall be agreed and notified to the client. The coach will confirm the fees per email. The number of sessions for which payment is required in advance will be agreed before coaching sessions commence.

8. Payment terms

Fees can be paid online by debit or credit card using the Paypal payments systems or by bank transfer. Fees are payable in advance of each coaching session unless otherwise agreed. Where payment has not been received in advance of a coaching session, the coach is not obliged to provide the session. Where payment is required on receipt of invoice rather than in advance, a charge may be levied for late payment.

9. Cancellation, rescheduling, refunds

9.1 If the client needs to rearrange a coaching session, they should provide at least 48 hours’ notice. Refunds on cancellations made against future sessions will be at the discretion of the coach.

9.2 In exceptional circumstances the coach may need to rearrange a coaching session; in these circumstances the coach will use reasonable endeavours to provide a mutually satisfactory alternative appointment the client.

9.3 Where a client pays for a session, or sessions, in advance they must have the coaching session(s) that they have paid for within 8 months of the payment, or their fee is forfeited.

9.4 The client may terminate their coaching contract at any time in writing. Any monies owed by the client at the time of cancellation will become due immediately.  Refunds on payments made against future sessions will be at the discretion of the Coach.

9.5 In exceptional circumstances, such as illness or unavailability due to bereavement or other commitments, inappropriate behaviour by the client, actual or potential conflict of interest, or other reasons, the coach can decide to terminate the service to the client early or refuse or be unable to provide further coaching sessions to the client. Under such circumstances the client will be given reasonable notice of termination by the coach and will be refunded any advance payments made for coaching sessions not yet provided.

9.6 There may be occasions when the coach may recommend to the client that they seek an alternative service more suited to their current needs. In this event the coach will fully discuss the reasons for the recommendation with the client. It is the client’s sole responsibility to decide whether to follow the recommendation and the coach does not accept any liability for the outcome of any decisions the client choses to make.

10. Governing law

This contract is governed by the law of the Netherlands whose courts have exclusive jurisdiction in relation to any dispute, disagreement, proceedings or legal claim of any nature relating to the service provided or the contract.

PART II – CONSULTING TERMS AND CONDITIONS

1. Understanding

1.1 The term ‘consulting’ covers services the consultant delivers to a business (the client) in the area of brand strategy and brand culture strategy. These services can exist off research, research reporting, storyline creation and presentation, workshop creation and facilitation and other activities required to deliver upon the project objectives of the client.

1.2 Before the start of any consulting services, the consultant and the client agree on a “contract”. The contract defines the scope of the engagement and the services to be rendered by the consultant, as well as the fee schedule for said services. “The engagement” means any agreement, in whatever form, reached between the consultant and the client pursuant to which the consultant agrees to render services to the client in exchange for a fee plus costs.

1.3 The client creates a purchase order. The “purchase order” is the document (i) setting out the services to be provided by the consultant to the client and (ii) listing any documents and the like to be provided by the client to the consultant such that the consultant may perform the project. “Project” means the services to be provided by the consultant to the client as specified in the purchase order.

1.4 In return for the fees payable by the client, the consultant agrees to provide the required services as described under point 1, which are agreed upon in the contract and purchase order and are in accordance with the terms and conditions set out below. The client agrees to pay fees for the services on the terms and conditions set out below (in situations where a third party pays the fees, the third party counts as an agent acting on behalf of the client).

2. Performance

2.1 The Consultant shall determine the manner in which and the person by whom the engagement will be carried out, taking into account, as far as is feasible, the reasonable requests expressed by the client.

2.2 The consultant shall complete the project with reasonable skill, care and diligence in accordance with the contract.

2.3 The client hereby accepts that the time schedule allocated for the performance of an engagement may be subject to change in case of amendment to the engagement and/or the services to be provided thereunder after conclusion of the engagement.

2.4 In case of any change of circumstances under which the engagement is to be performed which cannot be attributed to the consultant, the consultant may make any such amendments to the engagement as it deems necessary to adhere to the agreed quality standard and specifications. Any costs arising from or related to this change of circumstances will be fully borne by the client.

2.5 The consultant may, at its discretion and, where possible, in consultation with the client, replace the person or persons charged with performing the engagement, if and in so far as the consultant believes that such replacement would benefit the performance of the engagement.

2.6 The consultant shall provide the client with such reports of her work on the project at such intervals and in such form as the client may from time to time require. The client has the right to notify the consultant that it wishes to modify its requirements in relation to the project. Such modifications shall not enter into effect until the parties have agreed on the consequences thereof such as to the contract fee and the completion date of the project.

2.7 The consultant shall be free to involve subcontractors, availing of specific expertise, in the performance of the project, provided that the consultant shall have these third parties enter into confidentiality obligations similar to the confidentiality obligations applicable to the consultant. If requested by the client, the consultant shall identify these subcontractors, specifying in each case their specific expertise.

2.8 All results generated by the Consultant in the Project, including reports, other documents and materials, shall become the property of the Client.

3. Collaboration

3.1 The Client shall at all times duly make available to the Consultant all information and documents that the Consultant deems necessary to be able to carry out the Engagement correctly, in the specified form and manner. Also, the Client shall provide all cooperation required for the proper and timely performance of the Engagement.

3.2 The Client guarantees that Consultant’s employees can at all times work under safe conditions, in accordance with the relevant health and safety regulations and environmental rules, and shall indemnify and hold harmless the Consultant against all loss, expense or damage arising from or relating to this guaranty by the Client.

3.3 The Client shall duly inform the Consultant of any facts and circumstances that may be relevant in connection with the execution of the Engagement.

3.4 Furthermore, the Client shall guarantee the correctness, completeness and reliability of any information provided to the Consultant.

3.5 Feedback about the collaboration is welcomed and can be given at any time during the working relationship, or at hello@consultingbyleonie.com. Leonie Scholten is continually striving to ensure the standard of service it provides to its clients remains outstanding.  At the end of the coaching process, or series of coaching sessions, the client will be asked to complete a feedback form.

4. Confidentiality

4.1 The project might require exchange of confidential information. “Confidential information” means any information related to the engagement disclosed by the client to the consultant and by the consultant to the client, respectively, either directly or indirectly.

4.2 Both consultant and client are bound to confidentiality when processing this information, meaning the information may not be shared with third parties unless there is an explicit written consent that this is allowed.

5. Fees and expenses

5.1 The client shall pay to the consultant fees at the rate specified in the purchase order.

5.2 Unless otherwise stated in the contract, the consultant shall be entitled to be reimbursed by the client for all traveling and lodging expenses reasonably and properly incurred by him in the performance of his duties hereunder subject to production of such evidence thereof as the client may reasonably require.

5.3 Unless otherwise stated in the contract, payment will be made within thirty (30) days of receipt of an invoice, submitted monthly in arrears, for work completed. Payment shall be into the bank account mentioned in the invoice.

5.4 Value Added Tax, where applicable, shall be shown separately on all invoices.

5.5 Any extra costs arising from or related to any delays in the completion of the engagement stemming from the failure of the client to duly make available to the consultant the requested information and documentation, shall be fully borne by the client.

6. Term and termination

6.1 Any times or dates set forth in the contract for provision or completion by the consultant of the services under the project are estimates only. Furthermore, the parties hereby acknowledge that the time schedule set out for the performance of the engagement may change during the course of said performance. In no event shall the consultant be liable for any delay in providing these services.

6.2 Either party may terminate the contract by notice in writing forthwith in the event the other party: (i) is in default with respect to any material term or condition to be undertaken by it in accordance with the engagement and / or the provisions of the contract, and such default continues unremedied for a period of thirty (30) days after written notice thereof by the aggrieved party to the defaulting party; (ii) is affected by a Force Majeure which cannot be removed, overcome or abated within three (3) months; or (iii) shall make any assignment for the benefit of creditors or shall file any petition in connection thereto, shall file a voluntary petition in bankruptcy, be adjudicated bankrupt or insolvent, if any receiver is appointed for its business or property, or if any trustee in bankruptcy or insolvency shall be appointed for that party (and is not dismissed within sixty (60) days after appointment).

6.3 If the client issues a termination notice, the client shall be obliged to pay the consultant a compensation equal to the agreed fees apportioned to the services already rendered by the consultant, plus any additional costs incurred by the consultant as a result of said early termination.

6.4 In case the consultant cannot be reasonably expected to complete the works due to unforeseen circumstances, the consultant may unilaterally terminate the contract and the engagement. The client shall be liable for payment of an amount corresponding to the fees due for services already performed, while being entitled to receive the (preliminary) results of the services already performed, without the client being entitled to derive any rights therefrom.

7. Liability

The consultant, and any person put forward by the consultant to perform the project, shall not be liable if the services provided or the results generated by him in the project are not absolutely correct, nor does the consultant, or any person put forward by the consultant to perform the Project, warrant, either expressed or implied, that the performance by him of the project will not infringe upon intellectual property rights of any third party.

8. Governing law

This contract is governed by the law of the Netherlands whose courts have exclusive jurisdiction in relation to any dispute, disagreement, proceedings or legal claim of any nature relating to the service provided or the contract.

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