General
Terms &
Condtions
General Terms & Conditions (GTC)
§ 1 Scope and Contractual Partners
(1) These General Terms and Conditions (hereinafter "GTC") apply to all services, coachings, consultations, trainings, as well as the sale of digital products (e.g., e-books, online courses, media materials) and contracts concluded between Joy of Being, Owner: Gajanan Aher (hereinafter "Coach"), Lindhorstweg 40, 12487 Berlin, and the customer (hereinafter "Customer").
(2) Any terms and conditions of the Customer that deviate from these GTC shall not be recognized unless the Coach expressly agrees to their validity in writing.
§ 2 Services Offered and Conclusion of Contract
(1) The Coach offers services in the field of personal coaching, individual counseling, and support. The exact content and goals are specified in a separate agreement or within the framework of the booking.
(2) The presentation of services on the website or in flyers does not constitute a legally binding offer, but rather an invitation to book.
(3) A contract is concluded upon confirmation of an appointment or package booking (online, via email, by phone, or in writing) or by signing a coaching contract.
§ 3 Important Note: No Medical Therapy and Personal Responsibility
(1) The coaching services offered are intended for personal development, counseling, and support. They do not constitute medical, psychotherapeutic, or curative treatment.
(2) Coaching is not a substitute for a doctor, alternative practitioner (Heilpraktiker), psychotherapist, or any other medical professional.
(3) Coaching requires the active cooperation of the Customer. The Customer bears full personal responsibility for their actions, decisions, and the implementation of the coaching content in daily life.
(4) The Customer is obligated to inform the Coach before the start of the coaching about any existing health conditions, particularly psychological limitations, relevant pre-existing conditions, or therapeutic treatments. The Coach reserves the right to reject the coaching or terminate the collaboration with immediate effect at any time if a therapeutic indication exists, if there is a justified suspicion of a psychological illness requiring treatment, or if the Customer does not possess the necessary psychological resilience (coaching capability) required for coaching.
§ 4 Appointment Cancellations, Cancellation Fee, and Contract Durations
(1) Agreed coaching appointments are binding.
(2) Cancellation or rescheduling of an appointment by the Customer must be made no later than 24 hours prior to the agreed appointment (preferably via email or telephone).
(3) For cancellations made less than 24 hours before the appointment or in the case of a non-appearance, the fee for the booked coaching session shall be due in full (cancellation fee), unless the Customer is not responsible for the cancellation.
(4) In the case of agreements for coaching packages with a fixed term, premature ordinary termination is excluded unless expressly agreed otherwise.
§ 5 Provision of Digital Content and Online Courses
(1) When booking digital products (e.g., video courses, e-books, downloads), the Customer receives access to the respective content via email or through an external course platform.
(2) Access to digital content is personal and may not be shared with third parties or used commercially.
§ 6 Terms and Termination of Memberships (Subscriptions)
(1) Contracts for ongoing coaching memberships (subscriptions) are concluded for the initial term agreed upon in the respective contract.
(2) The notice period for termination during the initial term is one month prior to the end of the term.
(3) Automatic Renewal: If the contract is not terminated in due time, it shall be extended for an indefinite period. However, after the initial term expires, the contract can be terminated by the Customer at any time with a notice period of one month.
(4) Termination must be submitted in text form (e.g., via letter or email). The right to extraordinary termination for good cause remains unaffected.
§ 7 Limitation of Liability
(1) The Coach is liable for damages to the Customer only in cases of intent and gross negligence, as well as for the breach of essential contractual obligations (cardinal obligations).
(2) In the event of a breach of essential contractual obligations, liability is limited to typical, foreseeable contractual damages.
(3) The aforementioned limitations of liability do not apply to injury to life, body, or health.
§ 8 Copyrights and Image Rights
All documents or content provided electronically or within the framework of the coachings and consultations are protected by copyright. They are intended exclusively for the personal use of the Customer. Any duplication, distribution, or commercial use is prohibited without the express written consent of the Coach.
§ 9 Data Protection
The Coach collects, processes, and uses personal data of the Customer (in particular contact details, appointment history, health notes) exclusively for the fulfillment of the contract and within the scope of the statutory provisions (GDPR). Further information is set out in the Coach's separate privacy policy.
§ 10 Right of Withdrawal for Consumers
(1) Consumers have a statutory fourteen-day right of withdrawal for distance contracts (online purchases).
(2) When booking services (e.g., one-on-one appointments), the right of withdrawal expires prematurely if the Coach has fully performed the service and has only begun executing the service after the Customer has given their express consent to this and at the same time confirmed their knowledge that they lose their right of withdrawal upon full contractual fulfillment by the Coach.
(3) When purchasing digital content (e.g., downloads, online courses), the right of withdrawal expires prematurely if the Coach has begun executing the contract (provision of access or download) after the Customer has expressly agreed that the Coach begins executing the contract before the expiry of the withdrawal period, and has confirmed their knowledge that they lose their right of withdrawal by giving their consent when execution of the contract begins.
§ 11 Final Provisions / Place of Jurisdiction
(1) The law of the Federal Republic of Germany shall apply.
(2) Should individual provisions of these GTC be or become invalid or unenforceable, the validity of the remaining provisions shall remain unaffected. The statutory regulation shall apply instead of the invalid provision.
(3) If the Customer is a merchant (Kaufmann) or does not have a general place of jurisdiction in Germany, the place of jurisdiction for all disputes arising from this contract shall be Berlin.