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 „GTC“) apply to all coaching, courses, workshops, training programs, and seminars (hereinafter referred to as „Coaching“ or „Coaching Programs“) conducted or organized by Hergesell Coaching, Consulting & Academy, c/o Frey Services, Eggstrasse 14f, CH-8134 Adliswil, as well as its brands (hereinafter referred to as „Provider“), both online and offline.

1.2. These GTC also apply to contracts that involve the provision of information via internet platforms, such as granting access to restricted online groups. Deviating provisions of the platform provider or payment service provider take precedence.

1.3. Unless otherwise specified, these GTC apply to contracts with both companies and consumers, as well as to future contracts without the need for further reference or notification of the validity of the GTC.

1.4. In individual cases, we may use an additional agreement alongside these GTC. This will be separately concluded between us and, in case of doubt, takes precedence over these GTC.

Conclusion of Contract

2.1. The Provider offers various Coaching Programs. To help participants choose the most suitable program, the Provider may offer a non-binding strategy consultation at its discretion. During this consultation, participants can learn about different Coaching Programs. Recommendations by the Provider reflect the coach’s subjective assessment; the selection of the appropriate Coaching Program is solely the responsibility of the participant. There is no legal claim to a strategy consultation.

2.2. Offers made by the Provider are non-binding until a contract is concluded. Information about the Coaching Programs made available on the internet, in brochures, or otherwise to a larger audience, as well as the transmission of registration forms, do not constitute offers but merely an invitation to submit an offer. Registration by the participant constitutes a binding contract offer.

2.3. A contract between the Provider and the participant is only concluded when the Provider confirms the contract or participation in the Coaching Program in writing (e.g., via email) or begins contract fulfillment.

Contract Subject Matter, Scope of Services, Prices

3.1. The nature and scope of the contract and the services to be provided by the Provider are determined by the agreement with the participant. The contents of the Coaching Programs are available upon request. Online Coaching Programs that include live sessions are conducted as interactive remote courses aimed at knowledge transfer and the development of new knowledge for more effective and successful professional practice. The typically weekly, online, video-based, and interactive exchange between the Provider and the participant serves to impart and deepen this specific knowledge and its implementation in the participant’s daily life.

3.2. The Provider reserves the right to make minor and objectively justified deviations, particularly to implement new standards or insights. Changes in the location or format of the services (e.g., online instead of in-person) are permitted as long as the participant can still attend the Coaching.

3.3. The Provider does not guarantee any specific success, particularly no qualification for a specific activity or a minimum revenue for planned projects of the participant. The participant is fully responsible for their own success.

3.4. The selection of coaches is at the discretion of the Provider. Participants have no entitlement to being coached by a specific person unless a particular coach has been explicitly named in the offer.

3.5. All prices include statutory VAT unless otherwise stated in the contract. Accommodation and catering costs are not included. The fee is to be paid by cash or bank transfer unless otherwise agreed.

3.6. Any advertised discount or promotional offers are time- or quantity-limited. There is no entitlement to them.

3.7. The contractually agreed fee is due upon contract conclusion. Deviating payment terms (e.g., installment agreements) are only valid if agreed in writing.

3.8. The Provider is not obligated to provide services before full payment of the agreed fee.

3.9. Offsetting with counterclaims is excluded unless the Provider is insolvent, the counterclaim is legally related to the consumer’s obligation, acknowledged by the Provider, or legally established.

3.10. Claims against the Provider cannot be assigned.

Participation in Coaching Programs, Obligations of Participants

4.1. Achieving the desired learning objectives requires active participation and cooperation from the participant. Participants must refrain from actions that hinder learning objectives, smooth execution of Coaching, or fair, polite, and respectful interactions between participants and coaches. Participants who violate these obligations may be excluded from the remainder of the Coaching or, in the case of repeated or severe violations, from the entire program without entitlement to a refund.

4.2. Coaching session dates will typically be announced two weeks in advance unless already specified. Participants are not entitled to specific session times unless explicitly assured.

4.3. The Provider reserves the right to reschedule sessions due to unforeseen events and will strive to find an alternative date suitable for all participants. The Provider may also conduct Coaching online in such cases. Participants objecting to these changes may, at the Provider’s discretion and without obligation, be allowed to participate at a later date or in another program. Withdrawal from the contract due to scheduling or format changes is excluded.

4.4. Coaching Programs may require a minimum number of participants. If a minimum number is required, participants are obliged to attend. If participants cannot attend, they must notify the Provider at least ten days in advance.

4.5. If the minimum number of participants is not reached, the Provider may cancel the session and announce an alternative date within a month. If the minimum number is not reached again, the Provider may set another date or withdraw from the contract. In such cases, the Provider is entitled to a reasonable fee for services rendered.

4.6. The Coaching Programs are designed for healthy individuals in professional life. They are not suitable for individuals with psychological disorders or severe personality disorders.

Premature Termination, Contract Annulment

5.1. Coaching Programs are an inseparable unit and cannot be divided.

5.2. Withdrawal from the contract is only possible for good cause unless otherwise specified.

5.3. If contract fulfillment ceases due to circumstances for which the Provider is responsible, the Provider is entitled to a reasonable fee for services rendered.

5.4. In all other cases, the Provider is entitled to the full contractually agreed fee, especially if the participant withdraws without a valid reason or the Provider terminates the contract for good cause.

5.5. Contract annulment and adjustment are excluded, where legally permissible.

Right of Withdrawal

6.1. Consumers have a statutory right of withdrawal, which they can exercise within 14 days without giving reasons.

6.2. To exercise this right, the consumer must inform the Provider in writing (e.g., via email) about their decision to withdraw from the contract.

6.3. If Coaching services have already begun within the withdrawal period at the participant’s request, the participant must pay a reasonable amount for the services provided until the withdrawal.

Intellectual Property

7.1. All content provided within the Coaching Programs, including but not limited to videos, presentations, documents, and scripts, is protected by copyright and remains the property of the Provider.

7.2. Participants are granted a personal, non-transferable right to use the materials for learning purposes. Any reproduction, distribution, or public sharing without prior written consent is prohibited.

7.3. Violation of these provisions may result in exclusion from the Coaching Program without a refund and possible legal consequences.

Liability

8.1. The Provider is liable for intent and gross negligence but excludes liability for slight negligence, except in cases of injury to life, body, or health.

8.2. The Provider assumes no liability for the achievement of personal or professional success through participation in the Coaching Program.

8.3. Participants are responsible for ensuring their technical equipment meets the requirements for online participation. The Provider is not liable for technical difficulties on the participant’s side.

Miscellaneous Provisions

9.1. Swiss law applies, excluding conflict-of-law provisions and the UN Sales Convention.

9.2. The place of jurisdiction is Zurich, Switzerland.

9.3. Should any provision of these GTC be or become invalid, the remaining provisions shall remain unaffected. The invalid provision shall be replaced by one that comes closest to its intended purpose.