Hergesell Coaching, Consulting & Academy, c/o Frey Services, Eggstrasse 14f, CH-8134 Adliswil

General Terms and Conditions (GTC)
Hergesell Coaching, Consulting & Academy, c/o Frey Services, Eggstrasse 14f, CH-8134 Adliswil

Scope of Application
1.1 These General Terms and Conditions (hereinafter referred to as “T&Cs”) apply to all coaching sessions, courses, workshops, programs, training sessions, or seminars (hereinafter referred to as “Coaching” or “Coaching Programs”) conducted or organized—either online or offline—by Hergesell Coaching, Consulting & Academy, c/o Frey Services, Eggstrasse 14f, CH-8134 Adliswil, as well as its brands (hereinafter referred to as the “Provider”).

1.2 These T&Cs also apply to contracts that involve the provision of information via online platforms, such as by granting access to restricted online groups. In such cases, the terms and conditions of the platform or payment provider take precedence.

1.3 Unless otherwise specified, these T&Cs apply to contracts with both businesses and consumers and also to future contracts, without the need for renewed reference or notification regarding the applicability of these T&Cs.

1.4 In individual cases, we may use an additional agreement alongside these T&Cs. This will be concluded separately between the parties and shall take precedence over these T&Cs in the event of any conflict.

Conclusion of Contract
2.1 The Provider offers various coaching programs. To help the participant choose a suitable program, the Provider may offer, on a non-binding and voluntary basis, a strategy session. During this session, participants can learn more about the different coaching programs. Any recommendations provided by the Provider reflect the coach’s subjective assessment; the final selection of a coaching program is the sole responsibility of the participant. There is no legal entitlement to a strategy session.

2.2 All offers made by the Provider remain non-binding and subject to change until the conclusion of a contract. Information about the offered coaching or coaching programs that is made available to the public—whether online, in brochures, or by other means—as well as the provision of registration forms, does not constitute a binding offer, but merely an invitation to submit an offer. The participant’s registration shall be considered a binding contractual offer.

2.3 A contract between the Provider and the participant is only concluded once the Provider confirms the contract or participation in the coaching program in writing (e.g., via email), or begins to fulfill the contract.

Subject Matter of the Contract, Scope of Services, Prices
3.1 The type and scope of the contract and the services to be provided by the Provider are determined by the agreement concluded with the participant. The contents of the coaching programs are available upon request at any time. Online coaching programs that include live sessions are conducted as interactive distance learning courses aimed at imparting knowledge and fostering the development of new insights to support more effective and successful professional practice. The typically weekly, online, video-based and interactive exchange between the Provider and the participant serves to deepen and reinforce this specific knowledge and support its implementation in the participant’s daily life.

The participant acknowledges that in events with multiple participants, the content may evolve or change during the course of the program.

3.2 The Provider reserves the right to make changes, provided they are minor and objectively justified. Such justification may include advancements based on new standards or findings. Changes to the location or format of service delivery (e.g., switching from in-person events to online courses) are permissible, as long as the participant is still able to take part in the coaching.

3.3 The Provider does not owe any specific results, in particular not the qualification for a certain activity or a minimum revenue for planned projects. The participant is solely responsible for their own success.

3.4 The selection of coaches is at the discretion of the Provider. The participant has no entitlement to be coached by a specific coach, except in cases where a particular coach is explicitly named in the offer.

3.5 All prices include the applicable statutory VAT, unless otherwise stated in the contract. Costs for accommodation and meals are not included. Unless otherwise agreed, payment must be made in cash or by bank transfer to an account specified by the Provider.

3.5.1 If certain discounts or promotional offers are advertised, these are limited by time or quantity. There is no entitlement to such offers.

3.6 The agreed fee becomes due upon conclusion of the contract. Deviating payment terms (e.g., installment agreements) are only valid if they have been agreed with the participant in writing.

3.7 The Provider is not obliged to render services until the full fee has been paid.

3.8 Offsetting against counterclaims is excluded. However, consumers may offset counterclaims if the Provider is insolvent, if the counterclaim is legally connected to the consumer's obligation, or if the counterclaim has been acknowledged by the Provider or established by a court.

3.9 Claims against the Provider may not be assigned.

Participation in Coaching Programs, Duty to Cooperate
4.1 In order to achieve the intended learning objectives, the coaching programs require the active participation and cooperation of the participant. The participant must refrain from any behavior that would hinder the achievement of learning objectives, disrupt the smooth running of the coaching sessions, or violate standards of fair, respectful, and civilized interaction among participants and coaches. If a participant breaches these obligations, they may be excluded by the Provider from the remainder of the coaching program, or in the case of repeated or serious violations, from the entire program. In such cases, the participant remains liable to pay the full program fee.

4.2 Coaching session dates will generally be communicated to the participant at least two weeks in advance, unless previously announced. Unless expressly guaranteed, the participant has no entitlement to receive coaching at specific times.

4.3 The Provider reserves the right to unilaterally reschedule sessions, particularly in cases of unforeseen events, and to hold them at a later date. The Provider will make reasonable efforts to find a substitute date that suits all participants. In the event of unforeseen circumstances, the Provider may also conduct the coaching sessions online. If the participant explicitly objects to such changes, the Provider may—though not obliged to—offer the participant the opportunity to attend the session at a later time or to participate in a different coaching program. Withdrawal from the contract due to a change in date or format (e.g., online instead of in-person) is excluded.

4.4 The coaching programs offered by the Provider may require a minimum number of participants, which varies depending on the content, goals, and structure of the program. If a minimum number is specified for a given program, participants are required to attend; this does not apply to individual exercises or assignments. If a participant is unable to attend, they must notify the Provider at least 10 days before the coaching session.

4.5 If the required minimum number of participants for a coaching program is not met, the Provider may cancel the scheduled session and announce an alternative date within one month. If the minimum number of participants is still not met for the alternative date, the Provider may announce a second alternative date or withdraw from the contract. If the Provider withdraws for this reason, the Provider is entitled to reasonable compensation for services already rendered. At the Provider’s discretion, the coaching session may also proceed despite the minimum number not being met.

4.6 The coaching programs are designed for healthy individuals engaged in professional life. They are not suitable for individuals with mental health disorders or serious personality disorders.

Premature Termination, Contestation of the Contract
5.1 The coaching programs constitute an inseparable unit in the form of a complete program. The services are indivisible.

5.2 Withdrawal from the contract is only possible for good cause, except as provided in Section 6.

5.3 If the (further) fulfillment of the contract ceases due to circumstances for which the Provider is responsible and which constitute good cause, the Provider is entitled to reasonable compensation for the services rendered up to that point.

5.4 Unless otherwise agreed, in all other cases of premature termination of the contract or non-fulfillment of further contractual obligations, the Provider is entitled to the full amount of the agreed fee. This applies in particular if the participant withdraws without a valid reason attributable to the Provider, or if the Provider withdraws from the contract for good cause. The right to the full agreed fee also remains if the participant does not attend all coaching sessions.

5.5 The contestation and adjustment of contracts between the Provider and business clients is excluded to the extent permitted by law.

Right of Withdrawal (Consumers Only)
6.1 The following provisions regarding the right of withdrawal apply exclusively to consumers.

6.2 Consumers are entitled to withdraw from contracts concluded via distance selling or outside of business premises within 14 days of submitting their contractual declaration, without giving any reason. The withdrawal period begins on the day the contract is concluded.

6.3 If the consumer expressly requests that the Provider begin executing the contract before the 14-day withdrawal period expires (e.g., by providing access credentials to online learning content), the consumer expressly waives the right of withdrawal in accordance with Swiss contract law (Obligationenrecht), and the right of withdrawal is thereby forfeited.

6.4 To exercise the right of withdrawal, the consumer must notify the Provider (Hergesell Coaching, Consulting & Academy, c/o Frey Services, Eggstrasse 14f, CH-8134 Adliswil, [email protected]) of their decision to withdraw from the contract by means of a clear statement (e.g., a letter sent by post or an email). It is sufficient to send the notification of the exercise of the right of withdrawal before the withdrawal period expires.

6.5 If a consumer withdraws from the contract, the Provider will refund all payments received from the consumer without undue delay and no later than 14 days from the date on which the Provider received the withdrawal notification. The refund will be made to the bank account specified by the consumer, unless expressly agreed otherwise. In no case will the consumer be charged fees for this refund.

6.6 The right of withdrawal does not apply in the cases set out in Art. 40 et seq. of the Swiss Code of Obligations (OR). In particular, the consumer has no right of withdrawal for service contracts where the Provider—based on an express request by the consumer pursuant to Art. 40c OR and a confirmation by the consumer of their awareness that they will lose the right of withdrawal upon full performance of the contract—has begun providing the service before the withdrawal period expires and the service has been fully performed.

Intellectual Property and Digital Content
7.1 If a contract between the Provider and the Participant involves the provision of information via internet platforms, the Provider shall make the contractually agreed services—such as electronic messages, PDF documents, video streamings, etc. (hereinafter referred to as “digital content”)—available only for the duration of the contract.

7.2 The use of digital content is strictly reserved for participants. The Participant is obligated to keep access credentials for digital content confidential. Sharing access credentials with third parties is only permitted with the Provider’s written consent.

7.3 For any unauthorized sharing of access credentials with third parties or breach of the confidentiality obligation, the Participant must pay the Provider, in addition to the agreed contractual fee, the amount a third party would have had to pay for lawful access to the digital content. If this amount cannot be determined, the Participant must pay, in addition to the contractual fee, an amount equal to the fee agreed upon for their own use of the digital content.

7.4 Access to digital content requires an internet connection, the cost of which must be borne by the Participant. The Provider guarantees access to the internet platform (excluding technical limitations) from within Switzerland. Access from other countries is not excluded but cannot be guaranteed by the Provider. If the internet platform used to provide digital content is unavailable for more than two weeks, the Provider will make the content available via another free internet platform.

7.5 The Provider reserves the right to host the digital content on another internet platform, provided it is free for users.

7.6 In the case of indecent, offensive, or inappropriate behavior or other serious breaches of duty, the Participant may be excluded from further access to the digital content.

7.7 All documentation, training materials, scripts, worksheets, guidelines, and other materials (hereinafter referred to as “materials”), as well as all digital content provided or used by the Provider, are protected by copyright.

7.8 The Participant is only permitted to use the materials and digital content for private purposes. Commercial use is prohibited. In the event of a violation, the Provider is entitled to demand the disclosure and surrender of any profits generated through commercial use, as well as to claim injunctive relief against further commercial use.

7.9 Digital content may be downloaded and temporarily stored. The Participant does not acquire ownership of the digital content, but only a limited, non-exclusive, and revocable usage right that expires upon termination of the contract. Materials and digital content may not be shared with third parties, nor may they be reproduced, reprinted, translated, copied, edited, or modified. For each violation of this obligation, the Participant must pay a reasonable license fee, but no less than CHF 500.00. Claims for further damages remain unaffected.

 Liability
8.1. The Provider shall not be liable to consumers for property damage caused by slight negligence.

8.2. The Provider shall only be liable to business clients—excluding personal injury—in cases of intent or gross negligence. Liability for loss of profit, indirect damages, wasted expenses, and other consequential damages is excluded to the extent permitted by law. Furthermore, liability to business clients is limited to the amount of the contractually agreed fee.

Miscellaneous Provisions
9.1. Should any provision of these Terms and Conditions be or become invalid, this shall not affect the validity of the remaining provisions.

9.2. Deviations from these Terms and Conditions shall only be valid if agreed in writing between the Provider and the Participant. Written agreements shall supersede these Terms and Conditions only to the extent that they contradict them.

9.3. For consumers who do not reside or ordinarily stay in Switzerland and are not employed in Switzerland, and for business clients, the courts of competent jurisdiction in 8143 Adliswil shall have exclusive jurisdiction. The place of performance is 8134 Adliswil.

9.4. Swiss law shall apply. This choice of law does not affect the mandatory consumer protection laws of the country in which the consumer has their habitual residence.