Psychology-Driven Coaching Terms and Conditions
Our psychology-driven coaching services terms and conditions
The general terms and conditions applying to all of our agency services can be found under this link: General Terms and Conditions.
The online shop terms and conditions applying to all of products, assets, e-books, downloads and design works offered through our online shop can be found under this link: Online Shop Terms and Conditions.
The following terms and conditions are applicable to the coaching services offered by us:
§1 Scope of Application
1.1 The following psychology-driven coaching terms and conditions (hereinafter: CTC) apply to all legal transactions between BAN Venture Limited (hereinafter: BAN Venture Agency) and its coaching participants in their version valid at the time of conclusion of the contract.
1.2 These terms and conditions shall be deemed to have been agreed upon with the commissioning of any kind if the coaching participant does not object to them immediately. Deviating provisions of the coaching participant are not recognized, unless they are expressly agreed by BAN Venture Agency.
§2 Service Offer / Conclusion of Contract
2.1 BAN Venture Agency offers coaching, workshops and training in the areas of business and personal development in the form of group and individual sessions as well as online courses. The exact description and list of the scope of services can be found on the website and other media used.
2.2 Offers on the website or in any other form (oral or written) only constitute an invitation to submit an offer. The submission of an offer by the Coaching Participant can be made by telephone, e-mail or online through the ordering systems provided.
2.3 Only when BAN Venture Agency confirms the acceptance of the offer bindingly, a binding contract is concluded. Alternatively, a contract for online ordering systems is concluded when an automatically generated confirmation e-mail is sent to the coaching participant with the confirmation of the contract conclusion.
2.4 There is no general entitlement to participate in the service offer. BAN Venture Agency reserves the right to reject offers/registrations without giving reasons.
2.5 If a booking/order is made via an online ordering system, its general terms and conditions apply additionally.
§3 Prices and payment
3.1. In addition to all prices indicated on the offer pages of BAN Venture Agency for coaching offers, the applicable statutory value added tax (in Croatia currently 25%, in Germany currently 19%) applies.
3.2 All payments are due immediately after receipt of the invoice without any deduction. If the due date of the payment is determined according to the calendar, the coaching participant is already in default by missing the appointment.
3.3 If bookings are made via third-party payment processors, their payment methods apply.
3.4 The coaching participant is only entitled to a right of set-off if his counterclaims are legally established or recognized by BAN Venture Agency. The coaching participant can only exercise a right of retention if the claims result from the same contractual relationship.
3.5 Installment payments are possible – if expressly offered and agreed by BAN Venture Agency. Installment payments only mean a deferment of payment with regard to a partial amount of the full amount owed. The offer for installment payment does not imply that coaching packages or other services can be booked partially. This is not the case. A partial cancellation/cancellation of an overall offer is therefore not possible.
§4 Documents and Content
4.1 As part of the coaching, BAN Venture Agency may provide its coaching participants with (digital) work materials and, if necessary, audio and video files. The coaching participant does not acquire ownership of these files. The coaching participant only acquires a simple, non-transferable and revocable right to use the offered content for his own use before full payment of the remuneration owed. If another use of the content and documents is sought by the coaching participant, a separate agreement with BAN Venture Agency is required. The coaching participant may not change the content of the online programs and the associated files either in terms of content or editorial terms of content or editorially, subject to different mandatory rules. The coaching participant may copy the content of any kind only for his own use. A transfer of the content (texts, audio and/or videos, recordings of live calls in group programs and the like) to third parties (including family members, friends, acquaintances, business partners or the like) is not permitted. Equally inadmissible is the transfer of the contents for a fee or free of charge, their settings on the Internet or other network media or any other type of commercial use, if and insofar as this has not been expressly agreed and in writing by BAN Venture Agency. An oral and/or implicit consent is excluded.
4.2 The coaching participant may only use the information and documents provided appropriately. In particular, he undertakes not to use the records and documents in a illegal way and not in contradiction to these CTC. BAN Venture Agency reserves the right to investigate and take appropriate precautions in the event of suspicion of misuse or a material breach of contract. This applies at least until the time when the suspicion can be cleared. In the event of serious violations, BAN Venture Agency is also entitled to terminate the contractual relationship without notice. The coaching participant will be liable for any damage resulting from a breach of duty for which he is responsible.
§5 Agreed Appointments and Cancellations
5.1 Agreed coaching appointments can be postponed up to 24 hours before the agreed date by agreeing on a replacement date. This must be submitted in writing (e-mail sufficient). The replacement appointment must be observed within 21 days of the original appointment, unless this is not possible for particularly serious reasons (for example, persistent illness or the like). If a coaching participant does not appear on the agreed date without prior cancellation (no later than 24 hours before the agreed appointment), the agreed coaching session will generally expire without entitlement to compensation. BAN Venture Agency reserves the right to decide otherwise in individual cases.
5.2 BAN Venture Agency reserves the right to cancel or postpone appointments for individual coaching without giving reasons. There is no claim to service by the participant. The participants will be informed in good time and will receive a full refund of payments already made, unless a replacement date is agreed. No further compensation can be claimed.
5.3 A coaching session is basically defined with a duration of 60 minutes.
§6 Intellectual Property, Copyrights and Use
6.1 Participation in the coachings and online workshops serves the coaching participant’s own training. Therefore, the coaching participant is in principle not entitled to pass on the taught and taught content in his own seminars by participating. BAN Venture Agency owns or licences all rights, title and interest (including intellectual property rights) in our Coach Materials, including pre-existing intellectual property and Intellectual property that we create during the course of the services. All Coach Materials are our property, or the property of our suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. Our name, logo, slogans, and all related names, logos, product and service names, designs, and slogans are trademarks of us or our affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs and slogans on the Website are the trademarks of their respective owners.
6.2 We grant you a limited, personal, non-exclusive, non-transferable, revocable license to use the Coach Materials for your own personal use and/or internal business use. The scope of what you are licensed to do, and are not licensed to do, are set out below.
You are licensed to:
(i) use Coaching Materials to assist you personally and in operating internally your own business;
And in case of our “Psychology-Diven Coaching Program for Coaches”:
(ii) use Coaching Materials in your coaching practice to help your clients; and
(iii) create coaching programs and workshops using the Coaching Materials, within your practice, subject to the limitations set out below. You may mention Coach Materials with credit to us.
6.3 Licence Limitations: You are not licensed to, and you agree that you will not:
(i) Breach any intellectual property rights connected with our Coach Materials, including (without limitation) altering or modifying any of our Coach Materials or creating derivative works.
(ii) Use any BAN Venture Agency logos outside of our groups or on documents created by those not working for or contracted with BAN Venture Agency.
(iii) Modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance, sell, resell, redistribute or in any way repackage our Coach Materials in your own voice, write books or programs using the Coach Materials, create apps based on, or otherwise commercialise our Coach Materials, or exploit our Coach Materials in any manner. You cannot rewrite or repackage any Coach Materials and sell this as your own.
(iv) Offer competing products or services based upon any information contained in the Coach Materials, including the creation of coaching programs and workshops using the Coaching Materials.
6.4 All other uses are prohibited unless we give you our written consent. Nothing in the CTC constitutes an assignment or transfer of the either party’s intellectual property rights, or a right to use the other party’s intellectual property, whether registered or unregistered, except as stated in the CTC or with the party’s written permission.
6.5 You are also subject to the prohibitions and limitations in the Website Terms of Use. Please review these and applicable copyright laws to make sure that you are complying with them.
6.6 The Coach Materials are copyright. Apart from any use permitted under the Copyright Act 1968, no part may be reproduced by any process, nor may any other exclusive right be exercised, without the permission of BAN Venture Agency.
6.7 You warrant that: a) there are no legal restrictions preventing you from agreeing to these CTC; b) any information provided is true, correct and complete; c) you will not infringe any third party rights in working with us and receiving the services; d) you will inform us if you have reasonable concerns relating to the provision of services under the CTC, with the aim that the parties will use all reasonable efforts to resolve the concerns; e) you are responsible for obtaining any consents, licences and permissions from other parties necessary for the services to be provided, at your cost, and for providing us with the necessary consents, licences and permissions (including but not limited to that the client must provide lottery permits and licences, if relevant to the services); and f) you will not employ, canvass, solicit, entice, induce or attempt to employ our personnel.
§7 Liability
7.1 The following limitations and/or exclusions of liability apply to BAN Venture Agency’s liability for the provision of any services described above, without prejudice to the legal requirements for entitlement:
7.2. BAN Venture Agency is liable without limitation if the cause of the damage is based on gross negligence or intent.
7.3 BAN Venture Agency is liable for slight negligence exclusively in accordance with the provisions of the Product Liability Act, for injury to life, body or health or for breach of essential contractual obligations. Essential contractual obligations are those whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner may regularly rely.
7.4 However, the claim for damages for the slightly negligent violation of essential contractual obligations is limited to the contract-typical, foreseeable damage, unless liability is made for injury to life, body or health. BAN Venture Agency is liable for the fault of vicarious agents and representatives to the same extent.
7.5 The coaching participant(s) confirm(s) with the purchase / booking of the products, use of the advice and / or participation in the workshops, that they do this on their own responsibility.
7.6 BAN Venture Agency does not promise success for the acquired products, coachings and workshops unless this is exclusively agreed. A guarantee of the achievement of the defined goals or the desired success can not be assumed by BAN Venture Agency. The coaching participant is responsible for the extent of the success achieved at all times. In particular, BAN Venture Agency cannot assume any assurance and/or guarantee that the desired success or other expectations of the coaching participant will be achieved through the strategies or actions recommended by BAN Venture Agency.
7.7 The coaching participant is always self-responsible for his change and ready, as far as possible, to work on himself in order to achieve the desired change. The coaching participant therefore also acknowledges that he is fully responsible for his physical and mental health during the coaching as well as in the time between the coaching.
7.8 It is expressly pointed out that the advice provided by BAN Venture Agency in any form does not replace advice from trained experts, such as doctors, psychologists, therapists, tax consultants, lawyers, auditors or business advisers. Coaching is not therapy and does not replace it. Coaching is based on a coach-client relationship, which is characterized by a partnership and clearly distinguishes the role of the coach from therapists and doctors. Client acknowledges that coaching does not involve the diagnosis or treatment of mental disorders as defined by the American Psychiatric Association and that coaching is not to be used as a substitute for counseling, psychotherapy, psychoanalysis, mental health care, substance abuse treatment, or other professional advice by legal, medical or other qualified professionals and that it is the participants’s exclusive responsibility to seek such independent professional guidance as needed. If a participant is currently under the care of a mental health professional, it is recommended that the participant promptly inform the mental health care provider of the nature and extent of the coaching relationship agreed upon by the participant and the Coach.
7.9 BAN Venture Agency assumes no liability for third-party software.
7.10 BAN Venture Agency assumes no liability for products and services of external cooperation partners who participate in events or other services.
§8 Ethical Standards and Confidentiality
By accepting the participant(s) appointment request, BAN Venture Agency and the Coach(‘s) agree to abide by the code of ethics outlined below.
8.1 Explain that, prior to or at the initial meeting, my coaching participant(s) understand the nature and potential value of coaching, the nature and limits of confidentiality, financial arrangements, and any other terms of the coaching agreement.
8.2 Maintain the strictest levels of confidentiality with all parties as agreed upon. The coach is aware of and agrees to comply with all applicable laws that pertain to personal data and communications.
8.3 Have a clear understanding about how information is exchanged among all parties involved during all coaching interactions.
8.4 Maintain, store and dispose of any records, including electronic files and communications, created during my professional interactions in a manner that promotes confidentiality, security and privacy and complies with any applicable laws and agreements.
8.5 Remain alert to indications that there might be a shift in the value received from the coaching relationship. If so, make a change in the relationship or encourage the participant(s) to seek another coach, seek another professional or use a different resource.
8.6 Respect all parties’ right to terminate the coaching relationship at any point for any reason during the coaching process subject to the provisions of the agreement.
8.7 Being sensitive to the implications of having multiple contracts and relationships with the same participant(s) at the same time in order to avoid conflict of interest situations.
8.8 Being aware of and actively managing any power or status difference between the participant and me that may be caused by cultural, relational, psychological or contextual issues.
8.9 Assure consistent quality of coaching regardless of the amount or form of agreed compensation in any relationship.
8.10 Commit to excellence through continued personal, professional and ethical development.
8.11 Recognize their personal limitations or circumstances that may impair, conflict with or interfere with their coaching performance or their professional coaching relationships. If necessary, promptly seek relevant professional guidance. This may include suspending or terminating their coaching relationship(s).
8.12 Resolve any conflict of interest or potential conflict of interest by working through the issue with relevant parties, seeking professional assistance, or suspending temporarily or ending the professional relationship.
8.13 Not to disclose information to third parties during the duration of the coaching and also after its termination about all personal and professional business secrets of its coaching participants.
8.14 The Coach agrees not to disclose any information pertaining to the participant without the participant’s written consent. The Coach will not disclose the participant’s name as a reference without the participant’s consent. Confidential Information does not include information that: (a) was in the Coach’s possession prior to its being furnished by the participant; (b) is generally known to the public or in the participant’s industry; (c) is obtained by the Coach from a third party, without breach of any obligation to the participant; (d) is independently developed by the Coach without use of or reference to the participant’s confidential information; or (e) the Coach is required by statute, lawfully issued subpoena, or by court order to disclose; (f) is disclosed to the Coach and as a result of such disclosure the Coach reasonably believes there to be an imminent or likely risk of danger or harm to the participant or others. The participant also acknowledges his or her continuing obligation to raise any confidentiality questions or concerns with the Coach in a timely manner.
§9 Data Privacy
9.1 BAN Venture Agency processes personal data of the coaching participant for the purpose and in accordance with the statutory provisions.
9.2 The personal data provided for the purpose of concluding the contract (such as name, e-mail address, address, payment data) will be used by BAN Venture Agency to fulfill and process the contract. This data will be treated confidentially and will not be passed on to third parties who are not involved or necessary in the booking, ordering, delivery and payment process.
9.3 The coaching participant has the right to receive free information about the personal data stored by BAN Venture Agency about him on request. In addition, he has the right to correct incorrect data, block and delete his personal data, unless there is a legal retention obligation.
9.4 Further information on the type, scope, location and purpose of the collection, processing and use of the required personal data by the seller can be found in the privacy policy.
§10 Cancellation Policy
10.1 You have the right to revoke this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day of conclusion of the contract. To exercise your right of withdrawal, you must BAN Venture Agency by means of a clear statement (e.g. a letter sent by post or e-mail) of your decision to revoke this contract. To uphold the revocation period, it is sufficient that you send the communication concerning the exercise of the revocation right before the expiration of the revocation period.
10.2 If you withdraw from this contract, we shall reimburse to you all payments received from you without delivery of the service, without undue delay and at the latest within fourteen days from the date on which we received the notification of your withdrawal from this contract. For this repayment, we 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 fees for this repayment.
§11 Final Provisions
11.1 The places of performance are BAN Venture Agency’s HQ seat.
11.2. If the buyer is an entrepreneur, subject to other agreements or mandatory statutory provisions, the place of performance is the seller’s seat, while the place of jurisdiction is the seller’s seat if the customer is a merchant, legal entity under public law or special fund under public law or the buyer is in the country of domicile of the seller has no general place of jurisdiction. The right of the seller to choose another admissible place of jurisdiction is reserved.
11.3. In the case of entrepreneurs, the law of BAN Venture Agency’s HQ seat applies to the exclusion of the UN sales law, as long as there are no compelling statutory provisions to the contrary.
11.4. The language of the contract is English.
11.5. European Commission consumer platform for Online Dispute Resolution (ODR): http://ec.europa.eu/consumers/odr/. We are neither willing nor obliged to participate in dispute resolution proceedings in front of a consumer arbitration board.
If you have any questions about the coaching terms and conditions, please contact us at: hello@ban-agency.com
Status: 01.01.2019