Female Speaking Berlin / Dyane Neiman and Esther de Bruijn, (business owners)

General Terms and Conditions (Allgemeine Geschäftsbedingungen aka AGB)

Stand: August 2025

§ 1 Scope of Application (Geltungsbereich)

(1) These General Terms and Conditions (hereinafter "AGB") apply to all contracts for coaching, training, facilitation, and consulting services provided by Esther de Bruijn and Dyane Neiman / Female Speaking Berlin, Potsdamer Chaussee 21A, 14163 Berlin, Germany (hereinafter "Service Provider") to its clients (hereinafter "Client").

(2) These AGB apply exclusively. Deviating, conflicting, or supplementary terms and conditions of the Client shall only become part of the contract if and insofar as the Service Provider has expressly consented to their validity in writing. This consent requirement applies in any case, even if the Service Provider performs the Services without reservation in knowledge of the Client's terms and conditions.

(3) These AGB apply both to contracts with consumers (§ 13 BGB) and entrepreneurs (§ 14 BGB), unless expressly stated otherwise.

§ 2 Subject Matter of the Contract (Vertragsgegenstand)

(1) The subject matter of the contract is the provision of Services by the Service Provider to the Client, aimed at supporting the Client in their personal or professional development, skill enhancement, and achieving specific goals through coaching, training, facilitation, or consulting methods.

(2) The precise content, scope, and duration of the Services, as well as the agreed fees, are defined in a separate individual offer ("Offer") and/or a separate service agreement ("Service Agreement") accepted by the Client in writing (including email). In case of conflict, the provisions of the individual Offer/Service Agreement shall take precedence over these AGB.

(3) The Service Provider's services are services in the sense of §§ 611 ff. BGB (Dienstvertrag), unless explicitly agreed otherwise. The Service Provider does not guarantee a specific success or outcome, but commits to providing the Services with due care and skill.

(4) Coaching, training, and facilitation are not psychotherapy and do not replace medical or psychological treatment. Participation requires a normal psychological and physical resilience. The Client confirms with the acceptance of the Offer that they are aware of this and that there are no known health limitations that would prevent their participation.

§ 3 Formation of the Contract (Zustandekommen des Vertrages)

(1) The presentation of Services on the Service Provider's website or in brochures does not constitute a binding offer.

(2) A contract is concluded upon the Client's written acceptance (including email) of the Service Provider's written Offer. The Service Provider reserves the right to confirm verbal agreements in writing.

(3) The Service Provider reserves the right to decline Offers without stating reasons.

§ 4 Preise, Honorare und Zahlungsbedingungen (Prices, Fees, and Payment Terms)

(1) The fees for the Services are specified in the individual Offer or Service Agreement. All prices are stated in Euro. Unless explicitly stated otherwise, all prices are net prices and do not include the statutory value-added tax (VAT) applicable in Germany. The VAT will be added at the statutory rate on the invoice.

(2) Additional costs, such as travel expenses, accommodation costs, venue rental, or material costs, are to be borne by the Client, unless explicitly agreed otherwise in the Offer. For travel expenses, a flat rate of €0.40 per kilometer driven, or actual costs for public transport/flights and accommodation will be charged.

(3) Invoices are due for payment without deduction within 14 days from the invoice date.

(4) Payment shall be made to the bank account specified in the invoice.

(5) If the Client is in default of payment, the Service Provider is entitled to charge default interest in accordance with statutory provisions. The assertion of further damages caused by default remains unaffected.

§ 5 Appointment Scheduling and Cancellations (Terminvereinbarungen und Absagen)

(1) Appointments for Services are made by mutual agreement between the Service Provider and the Client.

(2) Cancellations or rescheduling requests by the Client must be made in writing (email is sufficient).

(3) Cancellation by the Client

(a) 1:1 Coaching Sessions

• Cancellations or rescheduling more than 24 hours prior to the agreed appointment are free of charge.

• For cancellations or rescheduling made less than 24 hours before the appointment, or in case of no-show, the full session fee shall be charged, at the discretion of the Service Provider.

• Both Parties will make reasonable efforts to reschedule in good faith.

• The Client retains the right to prove that no or significantly less damage has occurred as a result of the cancellation.
  

(b) Group Workshops or Group Coaching Programs

• Cancellation 14 or more calendar days prior to the start: Full refund.

• Cancellation 7 to 13 calendar days prior to the start: 50% of the agreed fee will be charged.

• Cancellation less than 7 calendar days prior to the start: No refund; the full fee is due.

• The Service Provider may, at their sole discretion, offer to:
  

  • Reschedule the workshop, or

  • Transfer the Client’s registration to another date or participant.

• The Client retains the right to prove that no or significantly less damage has occurred as a result of the cancellation.
  

(4) Cancellation by the Service Provider
(a) If the Service Provider is unable to perform the agreed Services due to force majeure (e.g., illness, accident, natural disaster, or other unforeseen operational disruptions beyond their control), the Client will be informed without undue delay.

(b) In such cases, the Parties will make reasonable efforts to reschedule the appointment.

(c) If rescheduling is not possible, the Service Provider may withdraw from the contract. Any fees already paid for services not rendered will be refunded. Further claims by the Client are excluded.

(d) The Service Provider may, at their sole discretion, provide a qualified substitute of similar experience and reputation to perform the Services. In this case, the service shall be deemed duly fulfilled.

§ 6 Confidentiality and Data Protection (Vertraulichkeit und Datenschutz)

(1) The Service Provider undertakes to maintain strict confidentiality regarding all business and operational secrets of the Client, as well as all personal information of participants, which come to their knowledge in the course of providing the Services. This obligation of confidentiality shall continue beyond the termination of the contract.

(2) The Client also undertakes to maintain confidentiality regarding all business and operational secrets of the Service Provider, including methodologies, concepts, and training materials, as well as any personal information of the Service Provider, which come to their knowledge.

(3) Both Parties undertake to comply with all applicable data protection laws, including the General Data Protection Regulation (GDPR - DSGVO). Personal data collected in the context of the Services will only be processed for the purpose of contract fulfillment and for the necessary period, in accordance with the Service Provider's Privacy Policy.

(4) If the Service Provider processes personal data on behalf of the Client (e.g., employee data in the context of workshops or training), the Parties will conclude a separate data processing agreement (Auftragsverarbeitungsvertrag) in accordance with Article 28 GDPR, if required by law.

§ 7 Intellectual Property Rights and Usage Rights (Urheberrechte und Nutzungsrechte)

(1) All materials, documents, concepts, methods, presentations, and other content provided or developed by the Service Provider within the scope of the Services (hereinafter "Materials") are and remain the intellectual property of the Service Provider. This includes, but is not limited to, texts, graphics, audio, and video recordings.

(2) The Client receives a non-exclusive, non-transferable right to use the Materials provided to them solely for their own internal purposes. Any reproduction, distribution, public display, or other use of the Materials beyond the agreed scope, especially for commercial purposes or for passing on to third parties (other than internal employees/participants as expressly agreed), requires the prior written consent of the Service Provider.

(3) The Client is not permitted to record (audio or video) the Services without the express prior written consent of the Service Provider.

(4) If the Service Provider develops customized materials or solutions specifically for the Client, the ownership and usage rights thereof shall be regulated in the individual Offer or Service Agreement. Unless otherwise agreed, the Service Provider retains the copyright and grants the Client a non-exclusive right of use for their internal purposes.

§ 8 Liability (Haftung)

(1) The Service Provider shall be liable only for damages caused by intent or gross negligence.

(2) In cases of slight negligence, the Service Provider shall only be liable for the breach of essential contractual obligations (cardinal obligations), the fulfillment of which is essential for the proper execution of the contract and on the observance of which the Client regularly relies and may rely. In such cases, liability shall be limited to the foreseeable, typical damage.

(3) Liability for indirect damages, consequential damages, loss of profit, or damages from third-party claims is excluded, unless caused by intent or gross negligence.

(4) The total liability of the Service Provider, regardless of the legal reason, is limited to the total fee paid by the Client for the specific Service in question. In any case, liability shall not exceed EUR 5,000. This limitation does not apply in cases of intent, gross negligence, or injury to life, body, or health.

(5) The Service Provider assumes no liability for the successful achievement of specific goals or results by the Client, as these depend largely on the Client's own efforts and circumstances.

(6) The Client is solely responsible for creating and implementing their own decisions, choices, actions, and results arising out of or resulting from the Services.

§ 9 Non-Exclusivity (Non-Exklusivität)

(1) The Service Provider is free to work for other clients and provide services to them, including direct competitors of the Client, provided that no confidential information of the Client is disclosed or misused.

(2) There is no exclusivity of the Service Provider's services for the Client unless explicitly agreed upon in writing in the individual Offer or Service Agreement.

§ 10 Force Majeure (Höhere Gewalt)

(1) Neither Party shall be liable for any failure or delay in performance under this Agreement due to causes beyond its reasonable control, including but not limited to acts of God, war, acts of terrorism, riots, embargoes, acts of civil or military authorities, fires, floods, accidents, epidemics, pandemics, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials (hereinafter "Force Majeure Event").

(2) If a Force Majeure Event occurs, the affected Party shall notify the other Party promptly and use reasonable efforts to mitigate the effect of such event. The time for performance shall be extended for a period equal to the duration of the Force Majeure Event. If the Force Majeure Event continues for a period longer than 30 days, either Party may terminate the affected Services by written notice.

§ 11 Final Provisions (Schlussbestimmungen)

(1) Governing Law (Anwendbares Recht): This Agreement shall be governed by and construed in accordance with the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

(2) Place of Jurisdiction (Gerichtsstand): For all disputes arising from or in connection with this Agreement, the exclusive place of jurisdiction shall be Berlin, Germany, if the Client is a merchant (Kaufmann) within the meaning of the German Commercial Code, a legal entity under public law, or a special fund under public law. If the Client is a consumer, the statutory place of jurisdiction provisions shall apply.

(3) Severability Clause (Salvatorische Klausel): Should individual provisions of these AGB be or become invalid or unenforceable, the validity of the remaining provisions shall not be affected thereby. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision whose effects come closest to the economic objective that the contracting parties pursued with the invalid or unenforceable provision. The same applies in the event of a contractual loophole.

(4) Amendments to the Terms and Conditions (Änderungen der AGB): Changes to these AGB will be communicated to the Client in writing (including email) and become effective if the Client does not object within 4 weeks after notification. The Service Provider will specifically inform the Client about the right to object and the consequences of not objecting.

(5) Requirement of Form (Formerfordernis): Amendments and supplements to this Agreement, including this clause, must be made in writing to be effective. This does not apply to individual agreements made verbally after the conclusion of the contract (§ 305b BGB).

Female Speaking Berlin

Esther de Bruijn & Dyane Neiman

Berlin, August 1, 2025