COACHING CONTRACT 

By signing your name, entering your credit card information, or otherwise enrolling electronically, verbally or otherwise, in the program or coaching package, you (the ‘Client’) are entering into a legally binding agreement with the project excellence coach Ines Kaps from Kaps Consulting (the “Company”) according to the following Terms and Conditions. 

​

COMPANY’S SERVICES 

Parties agree that the Program is in the nature of coaching, mentoring and education. 

The services to be provided by the coach to the client are face-to-face or via an online communication platform, as agreed jointly with the client. 

​

Coaching may address specific professional projects, business successes, or general conditions in the client's profession or life. The coaching services also include value clarification, brainstorming, identifying plans of action, examining modes of operating in project management, asking clarifying questions by the coach, and making empowering requests or suggestions by the client for action. 

​

Throughout the working relationship, the coach will engage in direct and personal conversations. The client understands that successful coaching requires a co-active collaborative approach between client and coach. 

In the coaching relationship, the coach plays the role of a facilitator of change, but it is the client's responsibility to enact or bring about the change. 

All our information on both the website and in consultations is intended to assist you and does not in any way, nor is it intended to substitute medical, professional, financial or legal advice. 

 

FEES 

Client agrees to compensate Company according to the payment schedule set forth on Company’s website and, where relevant, the payment plan selected by Client (the “Fee”). 

The Company shall charge a 5% (five percent) late penalty to all payment plan balances that are not paid within 15 working days by the Client. 

​

ENROLLMENT CANCELLATION REFUNDS 

Refunds are not offered for change of mind. This agreement is not transferable or assignable by Client to a third party without the Company’s prior written consent. 

The Company handles returns and processes refunds in accordance with the German Consumer Protection legislation. 

Should you wish a refund for cancellation of your enrollment, please notify us within 14 days of purchase with a valid reason for a refund request. Evidence of full program participation will be required. Full program participation means watching the instructional videos, fully completing the workbooks, showing up to coaching calls, asking for help on each call and by email as required, and taking the actions and recommendations agreed.. 

If we are unable to resolve your complaint or further assist you, a refund will be made at the discretion of the Company. 

Refunds will be made by the same method that you made payment. 

​

CHARGEBACKS AND PAYMENT SECURITY 

To the extent that the Client provides the Company with Credit Card(s) information for payment on Client’s account, the Company shall be authorized to charge Client’s Credit Card(s) for any unpaid charges on the dates set forth herein. 

The Client shall notify the Company about changes of its credit card information in advance. 

 

USE OF SERVICES AND INTELLECTUAL PROPERTY 

Client agrees not to reproduce, duplicate, copy, sell, trade, resell or exploit any portion of the Program (including course materials), use of the Program, or access to the Program for commercial purposes. 

Company’s copyrighted and original materials shall be provided to the Client for its individual use only and a single-user license. 

The Client is not authorised to use any of the Company’s intellectual property for the Client’s or any other third party’s business purposes. The Client is not authorised to share, copy, distribute, or otherwise disseminate any materials received from Company electronically or otherwise without the prior written consent of the Company. 

All intellectual property, including Company’s copyrighted course materials, shall remain the sole property of the Company. No license to sell or distribute Company’s materials is granted or implied. 

 

LIMITATION OF LIABILITY 

By using Company’s services and enrolling in the Program, the Client releases the Company and related entities from any and all damages that may result from anything in connection to this program and client’s activities under this program. 

The Program is only an educational/coaching service being provided. The Client accepts any and all risks, foreseeable or unforeseeable, arising from such transactions. The Coach is not to be held liable or responsible for any specific results or outcomes and makes no guarantees, representations or warranties with respect to coaching services agreed and rendered. 

The client is solely and primarily responsible for its own actions and inactions and the results thereof by following and implementing the coach’s instructions. 

The Client agrees that the Company will not be held liable for any damages of any kind resulting or arising from including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of Company’s services or enrolment in the Program. 

 

GROUP COACHING & ONLINE TRAINING 

All coaching and training is conducted online and follows the set schedule in the program outline. 

While every effort is made to keep to this schedule, The Company reserves the right to change the date and time of live elements. All Clients will be notified electronically (usually via email) 24 hours ahead of any changes. 

The Company declines any responsibility for unforeseen issues relating to technology and internet availability. 

The Client is responsible for following the group coaching schedule, making themselves familiar with the tools and materials, engaging with the provided content, asking any questions they have through the live coaching sessions, the Facebook group or email and integrating lessons into their business, daily lives and activities. 

​

DISCLAIMER 

To the fullest extent permitted by law, the Company absolutely disclaims all warranties, expressed or implied, including, but not limited to, the implied warranties of merchantability and fitness for any particular purpose. 

The Company gives no warranty that the documents, goods or services will be free of errors, or that defects will be corrected. Should a program or a product be faulty, client shall inform the company in writing about such issue and Company will advise accordingly. Whilst we, at all times, endeavor to have the most accurate, reliable and up-to-date information available, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information in its website or as to their correctness, suitability, accuracy, reliability, or otherwise. 

It is your sole responsibility and not the responsibility of the Company to bear any entire costs of servicing, repairs, or correction. 

The applicable law in your state or country may not permit these exclusions, particularly the exclusion of some implied warranties. Some of the above may not apply to you but you must ensure you are aware of any risk you may be taking by using the Company or any products or services that may be offered through it. It is your responsibility to do so. 

​

TERMINATION 

In the event that the Client is in arrears of payment or otherwise in default of this Agreement, all payments due hereunder shall be immediately due and payable. 

The Company shall be allowed to immediately collect all sums from the Client and terminate providing further services to Client. In the event that Client is in delay with payments to Company, Client shall be barred from using any of the Company’s services. 

​

CONFIDENTIALITY 

It is understood and agreed that during this program, the client may disclose areas of personal and professional life to the coach. All information about the coach/client relationship will remain strictly confidential. 

The Company agrees not to disclose, reveal or make use of any Confidential Information learned of through its transactions with the Client, during discussion with the Client, the coaching session with the Company, or otherwise, to any third party without the written consent of the Client. 

The Client can, at any point in their coaching session, declare her preference not to discuss a specific issue, by simply stating that they would rather not discuss this issue. The coach agrees to respect this boundary and will not attempt to forward the conversation further along those lines. 

This section does not apply, if the information is available to the public or if coach is obliged to disclose such information in front of a court of law or other legitimate authorities. 

Participants in group coaching and training agree to respect the privacy of other group members and not disclose or share any information shared within the coaching or training communities, events or other discussions.

 

COURSE CONDUCT 

Participants in group coaching and training agree to behave at all times with complete respect for others, remaining positive and constructive. 

Any client using inappropriate language, showing any form of aggression or behaving in a disrespectful manner will be asked to leave the group. No refund or compensation will be offered in such a situation. 

 

COPYRIGHT, TRADEMARK AND RESTRICTIONS OF USE 

The Client agrees not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Program (including course materials), use of the Program, or access to the Program. 

No other term is to be included in this agreement except where it is required to be included by any legislation of the Country. 

All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded. 

​

JURISDICTION 

This Contract shall be construed in accordance with and governed by the laws of Germany as applied to contracts that are executed and performed entirely in Germany to the exclusion of conflict of laws principles. 

The exclusive venue for any court proceedings based on a conflict arising out of or connected to this Contract shall be Hamburg, Germany. 

​

However, the Parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to this Contract primarily by amicable negotiations and then by mediation in accordance with the German Mediation Rules, in force as of the date the dispute is submitted for mediation. The seat for mediation is Hamburg, Germany and the language is German or English. 

​

Last updated: 1st of June 2024