Terms and Conditions for Be Prana | Lydia Woelk
(1) These general terms and conditions apply to all legal transactions with consumers (B2C) and businesses (B2B) with:
Lydia Woelk
Be Prana
Fehrbelliner Straße 22
16816 Neuruppin
Germany
hereinafter referred to as “I” or “me.”
Legal transactions may be concluded via email, contact form, or through the website.
(2) The language available for contract conclusion is exclusively German. Translations into other languages are for informational purposes only. The German text takes precedence in the event of discrepancies in wording.
(3) These terms and conditions apply exclusively. Terms and conditions that contradict or deviate from these terms will not be accepted unless I have explicitly agreed to their validity in writing or in text form.
(1) This contract—including the manner of its formation as well as all rights and obligations arising from it—shall be governed by German law. Mandatory protective regulations of the law of the state where the consumer has their habitual residence shall remain applicable.
(2) In the event that you are a consumer within the meaning of Section 13 of the German Civil Code (BGB) and have your habitual residence in a member state of the European Union, German law shall also apply, while mandatory provisions of the state of your habitual residence shall remain unaffected.
(3) A consumer, in the context of the following provisions, is any natural person who concludes a legal transaction for purposes that are predominantly outside of their commercial or self-employed professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity, acting in the exercise of their independent professional or commercial activity when entering into a legal transaction.
(4) The Consumer Protection Act does not apply to B2B transactions.
(5) The version of these terms and conditions valid at the time of booking applies.
(6) The prices at the time of booking apply.
(7) If certain discount or promotional offers are advertised, these are limited in time or quantity. There is no entitlement to these offers.
(1) The subject matter of the contract may include the following services (the list is not exhaustive):
• One-on-one coaching
• Group coaching
• Coaching programs
• Online courses
(2) All offers on the internet are non-binding and do not constitute a legally binding offer for the conclusion of a contract.
(1) The client agrees that communication during the coaching process can take place both in person and through electronic communication methods, including but not limited to email, phone, and WhatsApp.
(2) I offer the client WhatsApp support for questions within a reasonable scope and during regular business hours for the duration of the coaching contract. The WhatsApp support is intended exclusively for short-term questions or clarifications related to the coaching process or specific coaching content and should not be considered a replacement for regular coaching sessions.
(3) WhatsApp support is available to the client during my regular business hours. I will strive to respond to WhatsApp messages from the client within 48 hours. The WhatsApp support is exclusively for short-term questions or clarifications related to the coaching process or specific coaching content and should not be considered a replacement for regular coaching sessions.
(1) My prices are listed in euros, including VAT.
(2) An invoice will generally be sent via email as a PDF document. The invoice amount is due immediately upon receipt of the invoice and must be paid within 7 days. The invoice will generally be issued in writing before the start of any coaching. The payment is also due if the coaching goal has not been achieved.
(3) In some cases, I offer installment payments. The total amount may be higher compared to a full payment. I will inform you of this amount in advance. An early termination of an installment agreement is possible through early repayment. You have the right to pay the full amount (at the increased installment payment amount, if applicable) at any time before the agreed period ends.
(4) Costs for appropriate reminders will apply in case of late payments. If internal collection efforts are unsuccessful, I may refer the outstanding claim to a lawyer for collection. In this case, you will incur costs for the use of legal representation.
(5) If we have agreed on an installment payment plan and you do not pay after a reminder in text form and a deadline has passed, I am entitled to terminate the installment payment agreement early, and the entire remaining amount will be due immediately.
(6) You are not entitled to assert a right of retention or set-off against my payment claims unless they are undisputed or legally established counterclaims.
(7) If you fall into arrears with payment, I am entitled to refuse further services until all due payments have been made.
For bookings made via email or the contact form, the following applies:
(1) In coaching, the initial consultation between you and me forms the basis for the advisory service. You contact me via email or contact form.
The free initial consultation lasts approximately 30 minutes and takes place via Zoom, by phone, or in person.
(2) During the initial consultation, we will clarify any questions you may have regarding the process, content, and payment options, and whether my offer is suitable for you and your inquiry.
(3) Afterward, you will inform me directly during the conversation or via email whether you would like to work with me.
(4) Offer: I will send you a contract via email as a PDF file and make a binding offer to conclude it.
(5) Acceptance: By signing the contract, you accept the offer, and the contract is concluded.
(1) The duration of our contract is determined by the booked coaching for consumers. In general, the contract ends automatically upon fulfillment. This means you have paid my full fee, and I have provided the corresponding service.
(2) The right of extraordinary termination by either party remains unaffected. My right to terminate the contract without notice applies in particular if you are more than 2 times in arrears with payments, if you intentionally violate provisions of these terms and conditions, and/or if you intentionally or negligently commit prohibited acts or if our trust relationship is severely disturbed.
(1) The duration of a coaching session is usually 60 minutes. If you are late, the time cannot be added or made up on another day.
(2) Generally, there are 1:1 coaching sessions and group coaching sessions.
(3) Coaching takes place at my premises or at a previously agreed-upon location. Online coaching takes place via Zoom. In exceptional cases, coaching can also take place by phone.
(4) If the coaching does not take place at my premises, I will receive a flat fee for travel, expenses, and time costs for travel to the coaching location at a rate of €0.50 per km per session or trip.
(1) The scope of services is determined by the coaching contract.
(2) A booked appointment must be canceled at least 24 hours before the start. Otherwise, the full fee is due.
(3) If a booked appointment is canceled by you at least twice, no further appointment is required to be offered by me. The appointment will then expire. The claim for payment for the appointment remains in place. The payment for the appointment will be retained. There is no entitlement to a refund.
(4) For group sessions, there is an option for a recording, which will only be made by me. The sessions take place only live. The dates will be communicated in advance so that participants can reserve time.
(5) If you cancel a booked coaching, you have no entitlement to a refund of the payments made.
(1) The withdrawal period begins with the conclusion of the contract. The contract is concluded at the moment you accept my offer.
A withdrawal must be made in writing to:
Lydia Woelk
Be Prana
Fehrbelliner Straße 22
16816 Neuruppin
Germany
(2) For services like coaching, there is a special provision regarding the right of withdrawal: If the coaching contract is concluded and I am to begin the service directly or within the 14-day withdrawal period, you waive your right of withdrawal in this respect. The waiver of the right of withdrawal occurs as soon as you schedule the first coaching appointment with me within the 14-day withdrawal period. For a B2B contract, the right of withdrawal does not apply.
(1) I am entitled to cancel a coaching session (1:1 or group) if I become ill unexpectedly and cannot provide a replacement.
(2) In this case, we will first attempt to find a replacement date. Additional costs, such as any accommodation and travel costs you have incurred, will not be reimbursed.
(1) Audio/video files, PDF files, accompanying emails, and other materials may only be downloaded (for personal use) and printed by you as the client. Only this scope allows the download and printing of files. You may have the printing done by third parties (e.g., a copy shop). Otherwise, all usage rights to the files and materials remain with me. This means that templates, documents, and the knowledge imparted should not be made available to third parties, whether free of charge or for a fee. The materials are also not intended for consulting purposes.
(2) Therefore, the creation of copies of files or prints for third parties, the sharing or forwarding of files to third parties, or any reproduction or distribution is prohibited.
(1) I am not liable for damages caused by incorrect or incomplete information that you provide or that arises due to your behavior during coaching sessions.
(2) I am not liable for damages arising from the misuse or further use of content or recommendations shared in my coaching.
(1) I am entitled to change or supplement these terms and conditions. In this case, I will inform you of any changes, and you have the option to withdraw from the contract at any time.
(1) If any provisions of these terms and conditions are or become invalid or unenforceable, the validity of the remaining provisions shall not be affected. Instead of the invalid provision, an appropriate provision shall apply, which reflects the intent of the invalid provision as closely as possible.
(2) The place of jurisdiction for any disputes arising from the contract is the local court responsible for my place of residence in Neuruppin, Germany.
Be Prana - Holistic Health Coaching | Lydia Woelk