Description of Coaching 

Coaching is a partnership (not a legal business partnership) between the Coach and the Client in a thought-provoking and creative process intended to support the Client in maximizing personal and professional potential. Coaching facilitates the creation of goals and the development of strategies for achieving them. Coaching is not a substitute for legal, financial, psychological, medical, or other professional advice.

Coach-Client Relationship

• The Coach adheres to the ethical standards set by the International Coaching Federation (ICF):  https://coachingfederation.org/ethics
• Coaching does not involve the diagnosis or treatment of mental disorders and is not a substitute for therapy, counseling, or any form of mental healthcare.
• The Client is fully responsible for all decisions, actions, and results arising from coaching.
• If currently under medical or psychological care, the Client is encouraged to inform their healthcare provider of their participation in coaching.
• Services are only available to individuals aged 18 or older.

Services

• Sessions are typically delivered online.
• Face-to-face sessions or workshops may be agreed upon individually.

Contract Duration

• This agreement takes effect upon written confirmation, first payment, or booking via Stripe.
• Sessions must be used within 12 months; unused sessions are forfeited and non-refundable.
• In some cases, an additional written contract may supplement these Terms.

Fees & Payments

• All sessions must be prepaid as outlined in the respective invoice.
• Late payments: 5% monthly penalty; after 10 days the Coach may suspend services and initiate collection.
• Clients cover all bank fees, currency conversions, and taxes in their country.
• VAT:
  • Swiss clients: 8.1% VAT included.
  • International clients: VAT charged only if legally required.
• The Coach is a Swiss tax resident and not subject to U.S. tax law. Clients shall not withhold tax unless legally mandated.

Refund & Transfer

• No refunds. Transfers allowed only with Coach's written consent and a new agreement.

Cancellation

• Rescheduling possible with 24h notice. Less than 24h or no-show = full fee.
• Coach cancellations will be rescheduled without charge.

Confidentiality

• All client information is confidential under the ICF Code of Ethics.
• Exceptions: legal requirements, danger to self/others, illegal acts, public knowledge, or third-party disclosure.
• Clients must not record sessions without prior consent.

Data Privacy

• Complies with Swiss FADP and EU GDPR.
• Data used solely for coaching services. Clients can request access, correction, or deletion.
• Anonymized use of AI tools for reflection is disclosed; clients may opt out in writing.

Release of Information

• Client consents to sharing minimal details (e.g., name, dates) for certification if required.
• Recordings only with explicit consent.
• Anonymous case discussion for professional supervision may occur without personal data.

Record Retention

• Coach retains records for 10 years unless legal erasure is required.

Termination

• Agreement is indefinite and active only when services are booked.
• Either party may terminate with 30 days' notice.
• Immediate termination for misconduct, harassment, or non-payment. Remaining sessions refunded at Coach's discretion.

Limitation of Liability

• Coaching is not therapy. No outcome guarantees.
• Coach’s liability limited to the amount paid for services.
• Client waives claims for emotional, reputational, or economic damage.
• No third party (e.g., employers, family) has rights under this agreement.
• Client indemnifies Coach from third-party claims or misuse of coaching content.

Liability & Employment Disclaimer (Payroll Engagement)

The Client acknowledges that:

• The Coach is engaged in a freelance capacity and not employed by the Client.
• The Coach cannot be held liable for internal business outcomes, team conflicts, or organisational risks resulting from the services provided.
• Managerial supervision, workplace compliance, and implementation of coaching outcomes remain solely with the Client.
• The Coach assumes no liability for operational or strategic decisions made by the Client or its representatives.

These disclaimers apply regardless of whether the invoice is issued directly or via a third-party payroll provider.

Intellectual Property

• All materials remain property of the Coach. Use beyond personal scope requires written approval.

Entire Agreement

• This agreement supersedes all previous arrangements. Amendments only valid if in writing.
• In some cases, an additional signed contract may be concluded between the parties.

Engagement via Payroll Provider

The Coach reserves the right to deliver services via a certified payroll provider. In such cases:

• The payroll provider acts as the formal contracting and invoicing party under a service rental model.
• The Coach remains solely responsible for service design, delivery, and communication.
• The Client agrees that these Terms & Conditions remain valid and binding, regardless of the billing structure.
• No employment or agency relationship is created between the Client and the Coach.

Dispute Resolution

• First step: good-faith mediation in Basel, Switzerland, in English administered by Mediation SDM-FSM. 
• If unresolved in 45 days: exclusive jurisdiction is Basel courts.
• The prevailing party is entitled to reimbursement of legal fees and court costs.

Severability

• Invalid clauses do not affect the validity of the remainder of the agreement.

Waiver

• Failure to enforce a clause does not constitute a waiver.

Governing Law & Jurisdiction

• Swiss law applies exclusively. Jurisdiction: Basel.
• Clients outside Switzerland waive foreign consumer protection laws where legally permitted.

Binding Effect

• Agreement binds both parties and any successors.

Language

• English version is legally binding.

Force Majeure

• Neither party liable for delays due to events beyond control (e.g., war, pandemic, technical failure).