General Terms and Conditions
for the provision of services by Anna Merget, Mindful Alma, Liebfrauenstr. 7, 82395 Obersöchering,
Email: anna@mindful-alma.com (hereinafter referred to as the "Contractor") to its customers
(hereinafter referred to as the "Client").
1. General Provisions
1.1 These General Terms and Conditions (GTC) for the provision of services apply to contracts concluded between the Client and the Contractor incorporating these GTC.
1.2 If, in addition to these GTC, other contractual documents or terms and conditions in text or written form become part of the contract, the provisions of these other contractual documents take precedence in case of conflict over these GTC.
1.3 The Contractor does not recognize terms and conditions deviating from these GTC that are used by the Client unless expressly agreed otherwise.
2. Subject Matter of the Contract and Scope of Services
2.1 The Contractor, as an independent entrepreneur, provides the following services to the Client:
Individual and group coaching as well as workshops on the topics of grief, mindfulness, yoga, and meditation.
2.2 The specific scope of services is the subject of individual agreements between the Contractor and the Client.
2.3 The Contractor provides the contractually agreed services with the utmost care and diligence according to the latest standards, rules, and insights.
2.4 The Contractor is obligated to perform the agreed services. However, in carrying out their activities, they are not subject to any instructions regarding the manner of service delivery, the place of service delivery, or the time of service delivery. The Contractor will, however, plan their activity days and time allocation in such a way as to achieve optimal efficiency in their work and in fulfilling the purpose of the contract. The Contractor performs services only in coordination and consultation with the Client.
3. Obligations of the Client
The Client must provide the necessary information, data, and other content required for fulfilling the services in a complete and correct manner. The Contractor is not liable for any delays or tardiness in service delivery caused by the Client's delayed cooperation. The provisions under "Liability/Indemnity" remain unaffected.
4. Remuneration
4.1 The remuneration is agreed upon individually.
4.2 Payment for services is due after they have been performed. If payment is determined based on time periods, payment is due at the end of each period (§ 614 BGB). For effort-based billing, unless otherwise agreed, the Contractor may invoice monthly for services rendered.
4.3 The Contractor provides the Client with an invoice via post or email (e.g., as a PDF) after completing the services. Payment is due within 14 days after receipt of the invoice.
5. Liability / Indemnity
5.1 The Contractor is fully liable for damages caused intentionally or through gross negligence, for intentional or negligent injury to life, body, or health, based on a guarantee promise unless otherwise stipulated, or due to mandatory liability. In cases of slight negligence, the Contractor is only liable for breach of essential contractual obligations. Essential contractual obligations are those necessary for achieving the purpose of the contract, enabling its proper execution, and upon which the Client regularly relies. Liability is then limited to foreseeable, typical damages. In all other cases, liability is excluded.
5.2 The Client indemnifies the Contractor against any claims by third parties arising from the Client’s violations of these terms or applicable law.
6. Contract Duration and Termination
6.1 The duration of the contract and termination periods are individually agreed upon by the parties.
6.2 The right of both parties to terminate the contract without notice for good cause remains unaffected.
6.3 The Contractor must return or destroy all documents and materials provided by the Client upon contract termination, unless statutory retention periods apply. Electronic data must be completely deleted. The Client may request confirmation of data deletion in writing.
7. Confidentiality and Data Protection
7.1 The Contractor will treat all information obtained in connection with the contract strictly confidentially and impose this obligation on employees and third parties who have access to such information. This obligation of confidentiality remains in effect indefinitely, even after the contract ends.
7.2 The Contractor will comply with all applicable data protection laws, especially the GDPR and the German Federal Data Protection Act.
8. Final Provisions
8.1 German law applies, excluding the CISG (United Nations Convention on Contracts for the International Sale of Goods).
8.2 If any provision of these GTC is invalid, the remaining provisions shall remain unaffected.
8.3 The Client will assist the Contractor in fulfilling their contractual obligations by providing necessary information and data.
8.4 If the Client is a merchant, a legal entity under public law, or a special fund under public law, or does not have a general place of jurisdiction in Germany, the Contractor's place of business shall be the agreed jurisdiction for all disputes arising from this contract.
8.5 The Contractor reserves the right to amend these GTC for valid reasons, such as changes in laws or market conditions. Clients will be informed of changes at least two weeks in advance. If no objection is raised, the changes will be deemed accepted.
9. Information on Online Dispute Resolution
The EU Commission provides a platform for online dispute resolution at:
https://ec.europa.eu/consumers/odr
The Contractor is neither willing nor obligated to participate in dispute resolution procedures under the VSBG (Consumer Dispute Resolution Act).