Coaching framework agreement
and the Coach
Dr. Daniel ZeißGünther-Wagner-Allee 13 App 26530177 Hannover, GermanyPhone: 0511-36054743E-mail: firstname.lastname@example.org
Coaching is an individualized, process-focused form of consulting to support, enhance, and develop individuals or teams. Coaching can be commissioned directly by the client or agreed upon between company representative (company), client, and coach. Coaching is always a voluntary process, which must be actively and responsibly supported by the client. The goal of the joint work between client and coach is an improvement of the client's individual situation through different methods and techniques. Decisions and actions have to be taken by the clients themselves. A coach can only help to reflect or "test" decisions and actions of the client in advance or afterwards and to accompany the client through difficult situations. However, coaching is not psychotherapy or curative treatment - that is, it is not treatment or prevention. No diagnoses are made. Coaching cannot replace psychotherapy or medical diagnosis, therapy, and treatment.
The normal process may look like this:
§1 Subject of the service
(1) The client takes the consulting service coaching from the coach in several coaching sessions of a duration to be agreed or until an agreed result is achieved. If the employee is not the client, the agreement on the start of coaching is made by mutual agreement between the company, the client, and the coach. The fee for the coaching shall be paid by the client in accordance with § 5.
(2) The coach does not undertake to eliminate other problems that are not listed in this contract or in the agreement (subcontract) and are not related to the desired result. If other unforeseen issues arise during the coaching session and the client desires assistance in working through them to achieve the desired outcome of the original agreement (subcontract), in that case, an additional agreement (subcontract) and/or extra paid sessions may be required and agreed upon, with the client's consent.
§2 Nature of Coaching
(1) The contracting parties mutually determine that the coaching shall be online coaching.
(2) The coaching will be conducted either in individual sessions or group sessions. Details are specified in this regard in the additional agreement (subcontract).
(3) Certain packages may be conducted in a group session. If the focus is on one's own process, Zoom will be switched to Focus Mode. This means the coach is seen by all participants, but participants cannot see each other. Occasionally, a mix of individual and group sessions may occur with certain packages, e.g. start in an individual session followed by group sessions.
§3 Rights and Duties of the Coach
(1) Dr. Daniel Zeiss provides the coaching service personally. However, it is also possible that the services are provided by other coaches who have been trained, partially trained, and/or educated by Dr. Daniel Zeiss. A takeover of the coaching by another employee takes place in the agreement between the company and the client and is recorded in writing in the agreements (subcontracts).
(2) Openness: The coach discloses the procedures and methods used upon request and also explains their benefits and possible risks upon request.
(3) Confidentiality (equivalent to medical confidentiality): the coach maintains strict silence about the client's personal, intimate or confidential details from the coaching sessions. Information given by the coach to the client about the coaching sessions refers only to formalities and general conditions. Any further information about the exact content of the coaching sessions to the client will only be given after clear consultation and agreement with the client.
(4) In his work, the coach shall safeguard the interests of the company and the client. He does not influence the client or company in the sense of his own personal, political, religious, or other views.
(5) The coach acknowledges the ethics of the German Federal Coaching Association (DBVC) and expressly distances himself from sects, in particular from "Scientology" or other similar ones.
§4 Rights and Duties of Company and Client
(1) The client is responsible for his or her own physical and mental health before, during, and after the entire coaching process.
(2) The client attends all agreed coaching appointments punctually and conscientiously. He takes sufficient time before and after the respective sessions to be able to distance himself sufficiently inwardly from the usual obligations. If the client is unable to attend, he/she shall cancel the appointments at least two days in advance. Otherwise, 100% of the agreed fee is due without deduction. If there are technical difficulties with a session, the appointment will be made up at a later date.
(3) The client participates actively and is engaged in the coaching process. The coach can only provide guidance, suggestions for change, and reflection. The client is aware that he himself must implement these suggestions actively and in an appropriate manner for the coaching to be successful. The client himself must implement his actions and thereby generate solutions. The coach can only support him in this.
(4) The client helps to shape the coaching process in such a way that the client can decide at any time, voluntarily and on his own responsibility, what information from the coaching sessions he wishes to share with the company.
(5) The client will have fresh drinking water and tissues nearby, as well as comfortable seating, good internet access, an external power supply, and a place where the client can be undisturbed, such as in a separate room.
(6) Coaching is conducted online via Zoom video meetings. The client has informed himself extensively about Zoom and agrees to its use. Should for technical reasons another video platform come to use, tacit consent of the client is assumed. The client has the possibility to object to the use of an alternative platform. In the event of an objection to the use of an alternative video platform, the coach and the client will evaluate the situation and decide whether the online coaching can continue.
§5 Fee and invoicing
(1) The fee is agreed upon by the company, client, and coach within the descriptions of the individual agreements (subcontracts)
(2) Extensive e-mail or telephone inquiries from the client to the coach, which concern substantive coaching topics and take more than 15 minutes to process, are remunerated according to the time spent. Short, simple appointments are not taken into account here.
(3) The coach may submit the invoice or partial invoice to the client in writing as an advance invoice, as an invoice with a deposit, after each coaching session, after several sessions, or after the entire process. The punctual payment is also due if the coaching goal has not been achieved.
(4) Payment Agreement: 100% of the fee is due prior to the coaching session. Upon request, other payments can also be agreed upon in the agreement (subcontract). If the sessions are not used or the minimum number of sessions is not used, the claim for repayment of the payment is forfeited and the money paid is due to the service provider (coach).
(5) If an outcome has been agreed upon, and if the said outcome has been achieved, the outcome will be reviewed between the client and the coach approximately three days after the completion of the last session and again another week after that (also known as the Rule of 3). If the desired result is still present after these two reviews and is confirmed by the client, the invoice amount becomes due upon an agreement (subcontract) that has guaranteed a result. Any deposit already paid will be offset or the client will pay the remaining amount by bank transfer or the digital payment method. The coach and the client, and the company agree that one or more sessions may be necessary to achieve the desired and agreed result. Regardless of how long or short the period is to achieve the desired result, the fee remains the same and is paid in full if the two subsequent control sessions confirm the results. If the above result is not achieved (0%) in the case of an agreement (subcontract) with a guaranteed result, no fee will be due (except for the fee for non-appearance), and any deposits made will be refunded. In the case of agreements (subcontracts) with guaranteed results, if only a partial result (e.g. 55%) is achieved, only 55% of the agreed amount is due as a fee. If a deposit has been paid that is higher than the amount due, the difference will be refunded. If the deposit is less than the amount due, the client shall pay the difference using a bank transfer or the digital payment method.
§6 Limitation of Liability
(1) The coach is liable only to the client. He is only liable for damages to the client, which are based on a grossly negligent breach of duty. The amount of liability is limited to the agreed fee of the total coaching process in case of breach of contract or grossly negligent breach of duty.
§7 Confidentiality and data protection towards the client
(1) The coach is subject to the duty of confidentiality corresponding to medical confidentiality. He treats all information he receives about the company from the client as strictly confidential and never discloses it to third parties. Excluded are other coaches who are involved in the care of the client. Data, information, treatment data, and findings may be processed, stored, and passed on anonymously or pseudonymously for the purpose of research/studies.
§8 Contract duration and extension of the scope
(1) The contract between the client and the coach is valid for an indefinite period and can be terminated by either party with a notice period of 5 working days without giving reasons. Since this is a framework contract, it regulates how the coaching is carried out. The coaching content, goals, results and fees are regulated in the agreements (subcontract).
(1) Consumers in the sense of § 13 BGB, German law are entitled to a right of withdrawal, if the contract was concluded in distance selling (contracts with not simultaneous presence of me and the consumer). Consumer is any natural person who enters into a legal transaction for a purpose that can be attributed neither to their commercial nor their independent professional activity.
Right of withdrawal
(2) You have the right to revoke this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the date of the conclusion of the contract. To exercise your right of revocation, you must inform us Dr. Daniel Zeiss, Guenther-Wagner-Allee 13 App 265, 30177 Hannover, Germany, Tel.: +49-511-36054743, Email: email@example.com, by means of a clear declaration (by email) of your decision to revoke this contract. However, you can use the attached sample revocation form for this purpose, which is not mandatory. To comply with the withdrawal period, it is sufficient that you send the notice of exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the revocation
(3) If you revoke this contract, we must return to you all payments that we have received from you without undue delay and, at the latest, within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used in the original transaction unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment. If you have requested that the service should begin during the withdrawal period, you shall pay us a reasonable amount corresponding to the proportion of the services already provided up to the point in time at which you notify us of the exercise of the right of withdrawal concerning this contract compared to the total scope of the services provided for in the contract.
Sample withdrawal form
(If you wish to revoke the contract, please complete and return this form).
- To Dr. Daniel Zeiss, Guenther-Wagner-Allee 13 App 265, 30177 Hannover, Germany, Tel.: +49-511-36054743, E-Mail: firstname.lastname@example.org -
I/we (*) hereby revoke the contract concluded by me/us (*) for the provision of the following service: Coaching -
Ordered on (*)/received on (*) -
Name of consumer(s) -
Address of consumer(s) -
Signature of consumer(s)
(Paper notice only) -
(*) Delete as applicable
§10 Copyright and industrial property rights, recordings
(1) All coaching materials are protected by copyright. This applies to both content on the website, lectures, presentations, scripts, and other coaching documents. Excluded from this are explicitly the flyers. The client is not entitled to copy, distribute or publicly reproduce such documents. Excluded from this are documents intended for distribution, such as flyers or advertising brochures.
(2) The client is not entitled to make pictures, films or sound recordings of the coaching without express permission from me.
(3) The coach may record the coaching sessions for internal purposes only (e.g. supervision). The Client hereby gives his/her consent to this.
(4) If recordings or parts of recordings are to be published, the client's written consent must be available, and the client must have had the opportunity to view the recording beforehand.
(1) In case of disputes arising from the business relationship between coach and the client / client, the parties are obliged to seek an amicable solution. If an agreement is not reached, they agree to settle their differences in mediation before resorting to legal action. This does not affect the possibility of taking legal action if no agreement can be reached. No dispute in the sense of this paragraph is the non-payment of the coaching fee without giving reasons.
(2) The costs of an unsuccessful mediation shall be borne internally by the parties in equal parts vis-à-vis the mediator. Notwithstanding this provision concerning the mediator, the parties are at liberty to demand reimbursement of these costs and those of any accompanying legal advice as legal costs in any subsequent proceedings, in which case the respective dispute resolution shall apply. If an agreement is reached, the cost regulation agreed upon thereby shall apply.
§13 Data Protection
(1) For the contract, according to Art. 6 para. 1 lit. b GDPR contract data is collected (e.g., name, address and e-mail address, if applicable, services used, and all other data transmitted electronically or for storage, which are necessary for the performance of the contract) to the extent that they are necessary for the establishment, content or amendment of a contract.
(2) The contract data will be disclosed to third parties only to the extent necessary (according to Art. 6 para 1 lit. b GDPR) for the performance of the contract, this corresponds to the overriding interest in effective performance (according to Art. 6 para 1 lit. f GDPR) or consent (according to Art. 6 para 1 lit. a GDPR) or other legal permission. The data will not be passed on to a country outside the EU, unless for this purpose comparable data protection as in the EU is established by the EU Commission, a consent to this is available, or the standard contractual clauses have been agreed with the third-party provider.
(3) Data subjects may request information free of charge about the stored personal data. You may at any time request correction of incorrect data (including by way of supplementation) and restriction of their processing or also the deletion of your data. This applies in particular if the purpose of processing has expired, a required consent has been revoked, and no other legal basis exists, or the data processing is unlawful. The personal data will then be corrected, blocked, or deleted without delay within the legal framework. There is always the right to revoke a given consent to the processing of personal data. This can be done by informal communication, e.g., by e-mail. The revocation does not affect the lawfulness of the data processing carried out until then. Transfer of the contractual data in the machine-readable form may be requested. Insofar as a violation of the law is feared as a result of the data processing, a complaint may be submitted to the competent supervisory authority.
(4) In principle, the data shall be stored only as long as required for the purpose of the respective data processing. Further storage is primarily considered if this is still necessary for legal prosecution or for legitimate interests or if there is a legal obligation to still store the data (e.g. tax retention periods, statute of limitations).
§14 European Dispute Resolution
(1) Beyond the mediation regulated in this contract, we refer to the online dispute resolution pursuant to Article 14 (1) ODR Regulation: The European Commission provides a platform for online dispute resolution (OS), which you can find at http://ec.europa.eu/consumers/odr/. Here you can enter into the out-of-court settlement of consumer disputes arising from online contracts.
(2) We are not willing or obligated to participate in a dispute resolution procedure before a consumer arbitration board.
§15 Final provisions
(1) The law of the Federal Republic of Germany shall apply. Oral ancillary agreements shall not apply. Written side agreements between client and coach always require the client's express consent. The place of jurisdiction is Hanover, Germany.
October 2, 2022
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Document Name: Coaching framework agreement
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