Terms and Conditions
Note: In case of any conflict, only the German version shall be legally binding.
1. Scope of Application
These GTC apply to all contracts for Executive Coaching between Maximilian O. Sutter, Harbatshofen 10 ½, 88167 Stiefenhofen ("Coach") and his clients, unless otherwise agreed in writing. Clients may be companies or private individuals. These GTC apply exclusively to services in the field of Executive Coaching. Deviating terms and conditions shall not become part of the contract unless the Coach expressly agrees to their application. These GTC are deemed accepted if the client agrees to them prior to contract conclusion or books a coaching service with knowledge thereof. For clients who are consumers within the meaning of § 13 BGB, the mandatory statutory consumer protection regulations apply in addition.
2. Services of the Coach
The Coach offers personal coaching services for professional and personal development. Sessions are intended for reflection, orientation, and goal clarification. No specific outcome is guaranteed, nor is any success liability assumed.
Coaching is not a substitute for therapy or professional advice (e.g., psychological, medical, or legal consultation). Coaching requires normal mental resilience. Health-related limitations must be communicated to the Coach in advance.
Coaching sessions are personally conducted by the Coach. The Coach may record or transcribe sessions (e.g., via granola.ai and, in rare cases, via Google Workspace / Gemini) to improve the quality of the work or to create automatic summaries. These data may be analyzed using AI-supported systems (e.g., ChatGPT). Clients may object to such processing at any time; from that point on, no further processing will take place.
3. Coaching Models
3.1 Retainer Model
Access‑based retainer. For a flat monthly fee, the client gets access to regular coaching, including individual preparation and follow‑ups and high‑touch support between sessions via the agreed channels (e.g., Signal, WhatsApp, email). The retainer begins with weekly 60-minute sessions. The parties may later agree to a biweekly cadence, taking into account the client’s current situation and preferred time and financial investment. Ad‑hoc sessions during periods of acute need are included (fair use). Communication is on weekdays during regular business hours; no 24/7 availability is owed.
Scheduling & rescheduling (retainer). Sessions are planned jointly according to the agreed cadence; the fee remains flat and independent of the number of sessions actually held. Cancellations more than 4 hours before the start are free of charge; a replacement session can be scheduled within the current billing period subject to availability. No rollover: sessions not used or not rescheduled in time are not credited, refunded, or carried over to subsequent months; in case of no‑show, the right to a replacement session lapses unless the Coach cancels or is responsible for the delay.
Payment is due monthly in advance. Invoices are issued on the 1st calendar day of each month and payable within 7 days.
The minimum term is 6 months. Thereafter, the contract may be terminated monthly. Termination must be made in text form (e.g., via email).
Upon request, additional sessions outside the agreed retainer scope may be held. These will be separately agreed upon and billed.
3.2 Single Session Billing
Coachings can also be booked and billed individually. A session lasts 60 minutes. Travel time and costs are billed separately for on-site sessions (€300 flat rate within Germany plus any overnight costs and shared travel time from 1 hour onward). Special agreements are possible.
Scheduling & rescheduling (single session). Cancellations at least 1 hour in advance are free of charge. For later cancellations or no‑shows, a cancellation fee equal to the agreed session fee is due. The client may prove that no damage or a substantially lower damage occurred; the Coach may prove a higher damage.
The Coach may cancel appointments for good cause (e.g., illness, technical issues); a replacement date will then be offered. No further claims exist.
4. Fees and Payment Terms
All prices are net unless otherwise stated. The fee is determined by individual agreement. Invoices are payable within 7 days without deduction. In the event of payment default, the statutory regulations (§ 286, § 288 BGB) apply, including default interest, a €40 flat fee (for non-consumers), and any reminder fees. The Coach may claim further damages.
5. Confidentiality and Data Protection
All information from coaching is treated confidentially. Disclosure to third parties occurs only with explicit consent. Data processing complies with the GDPR. Clients may object to the use of external providers for transcription or analysis at any time.
6. Liability
The Coach is liable only for damages resulting from intentional or grossly negligent behavior. For simple negligence, the Coach is only liable for breaches of essential contractual obligations and only within the scope of typically foreseeable damage. Liability for indirect or consequential damages is excluded unless mandatory statutory provisions provide otherwise. Success liability is excluded. Decisions based on coaching are the sole responsibility of the clients. The Coach is not liable for delays or failures caused by force majeure or similar circumstances.
7. Final Provisions
German law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). Place of jurisdiction is the Coach's registered office, provided this is legally permissible. Should any provision be invalid, the validity of the remaining provisions remains unaffected. In place of the invalid provision, a legally compliant provision shall apply that comes closest to the economic intent. The parties agree to attempt mediation before initiating legal proceedings in case of disputes. Consumers have a 14-day right of withdrawal from contract conclusion. The withdrawal must be sent by email to withdrawal@maxsutter.de.