Please note: this is a translation of the German version of the GTC – only the German version is legally relevant.

General Terms and Conditions (GTC)

for Coaching and Consulting Services by CherryField Coaching & Consulting GmbH

1. Preliminary Provisions

These General Terms and Conditions govern the provision of coaching services and additional services such as corporate and career consulting by CherryField Coaching & Consulting GmbH (hereinafter referred to as “the Company”) to its clients (hereinafter “the Client”). These GTC apply to both business customers (B2B) and consumers (B2C). By commissioning the Company or by using any of its services, the Client agrees to these Terms and Conditions.

CherryField Coaching & Consulting GmbH offers various forms of coaching, business consulting, and executive search. The Company works with both internal and independent coaches and consultants. Upon engagement, the respective status (internal or independent) is disclosed in writing.

Independent coaches and consultants acting on behalf of the Company are legally autonomous and solely responsible for the services they provide. The Company assumes no liability for the actions, omissions, or services of such independent professionals.

All coaches and consultants are obligated to uphold the highest ethical standards in all coaching programs, in accordance with the then-applicable version of these Terms and Conditions.

Individual contractual agreements take precedence over these GTC.

2. Coaching Services

During the term of this contract, the assigned coach or consultant shall deliver the coaching or other services as clearly defined in the agreed offer. The coach or consultant warrants to possess the necessary qualifications, experience, and skills to provide the services properly and shall make every reasonable effort to achieve satisfactory results for the Client.

If the Client is a company, the coaching applies to the respective employee designated by the Client (hereinafter “the Coachee”). The Client ensures that all information necessary for the delivery of services is provided timely, accurately, and completely.

The Company does not guarantee any specific success. The purpose of coaching or consulting is to support the Client and/or Coachee within the framework of a trust-based collaboration; specific outcomes or results are not guaranteed.

The Company acknowledges the ethical and legal responsibilities toward coaching clients, sponsors, colleagues, and the public in accordance with the ICF Code of Ethics.

The assigned coach or consultant will provide services within the contractual timeframe defined. Unless otherwise agreed, the contract terminates upon completion of the agreed session or package. There is no automatic renewal.

The contract may only be terminated for good cause. In such a case, the Company shall be entitled to compensation for services rendered up to the date of termination. Good cause includes, in particular, a material breach of contract or the irreversible breakdown of trust between coach and coachee. In the event of a breach of contract, the non-breaching party may terminate the agreement immediately if the breach is not remedied within ten working days after written notice by the non-breaching party.

3. Fees and Payment Terms

Coaching/consulting fees, travel expenses, and other costs shall be paid in accordance with the attached coaching agreement. Payment is due within fifteen (15) days of receipt of invoice. Invoices are deemed received three (3) working days after the invoice date.

Any bank or transaction fees are borne by the Client. All prices are in EUR plus applicable VAT. The applicable VAT is to be added at the legally valid rate.

If payment is not made on time, the Client will be considered in default thirty (30) days after the due date and receipt of the invoice, even without a formal reminder. In case of default, the statutory interest rate for default applies.

Cancellations of coaching services (especially pre-scheduled sessions) must be submitted in writing (e.g., by email or letter) to CherryField Coaching & Consulting GmbH (hereinafter “the Company”). The date of receipt by the Company determines whether the cancellation deadline is met.

For individual coaching sessions, the following terms apply:
– No cancellation fee is charged if the cancellation is made up to 14 calendar days before the scheduled session.
– For cancellations between 13 and 7 calendar days prior to the scheduled session, 50% of the agreed fee will be charged.
– For cancellations made less than 7 calendar days before the session, or in case of no-show, the full fee (100%) is payable.

If both parties agree, an alternative session date may be scheduled. However, this does not release the Client from cancellation fees if the deadline has already been missed.

For booked coaching programs or packages spanning multiple sessions or an extended period:
– No cancellation fee is charged if canceled up to 30 calendar days before the agreed start date.
– For cancellations between 29 and 14 calendar days before the start date, 50% of the full program fee is due.
– For cancellations made less than 14 calendar days before the start date, the full program fee (100%) will be charged.

Cancellation by the Company: If the Company must cancel a session for good cause (e.g., illness of the coach or force majeure), no fee will be charged, and an alternative date will be offered as soon as possible. No further claims shall arise from such a cancellation.

Note: These provisions apply without prejudice to any statutory rights of withdrawal or termination. Individual cancellation or termination terms may be agreed upon and must be documented in a separate agreement or contract.

4. Confidentiality and Data Protection

Both parties agree to maintain confidentiality and to comply with applicable data protection laws (particularly the GDPR). The Client is responsible for ensuring that internal and external employees also adhere to these obligations.

The contents and results of coaching sessions are confidential between coach and coachee. The Client, any sponsor, or supervisor is not entitled to receive information about the content of the sessions.

Further information on the handling of personal data is available in the Company’s privacy policy:
https://www.cherryfield-cc.com/datenschutzbestimmungen

5. Liability

The Company’s liability for losses or damages arising from the provision of services (including negligence) is limited to the total coaching fees paid by the Client for the respective services.

The Company shall not be liable for indirect, incidental, or consequential damages.

This limitation of liability does not apply to damages resulting from injury to life, body, or health, or from intentional or grossly negligent conduct.

6. Right of Withdrawal for Consumers

Right of Withdrawal: As a consumer, you have the right to withdraw from this contract within fourteen (14) days without stating any reason.

The withdrawal period is fourteen days from the day of contract conclusion.

To exercise your right of withdrawal, you must inform us (CherryField Coaching & Consulting GmbH, Am Kirschfeld 18, 14532 Kleinmachnow, Germany, matthias@cherryfield-cc.com) by means of a clear declaration (e.g., a letter sent by post or an email).

To meet the withdrawal deadline, it is sufficient that you send the communication concerning the exercise of your right of withdrawal before the withdrawal period expires.

Consequences of Withdrawal:
If you withdraw from this contract, we will reimburse all payments received from you (including any delivery costs) without undue delay and at the latest within fourteen days from the day on which we receive notice of your withdrawal.

The same payment method used in the original transaction will be used for the refund, unless explicitly agreed otherwise. Under no circumstances will you be charged any fees for this refund.

If you have requested that services begin during the withdrawal period, you must pay us an appropriate amount corresponding to the proportion of services already provided up to the point you inform us of your withdrawal, compared to the total services envisaged in the contract.

7. Intellectual Property

All materials, methods, tools, or other content made available during the coaching process remain the intellectual property of the Company or the respective rights holders.

Disclosure or reproduction – in whole or in part – is only permitted with prior written consent of the Company.

8. Additional Provisions and Severability Clause

All contractual provisions must be agreed in writing. Should any provision of these GTC be or become invalid or unenforceable, the validity of the remaining provisions shall remain unaffected.

In such case, the invalid or unenforceable provision shall be replaced by one that most closely reflects the intended economic purpose.

The latest version of these GTC is available at:
https://www.cherryfield-cc.com/allgemeine-geschaeftsbedingungen

9. Governing Law and Jurisdiction

German law shall apply. Where legally permissible, the place of performance and exclusive jurisdiction for all disputes arising from this contractual relationship is the registered office of the Company in Kleinmachnow, Germany (jurisdiction: Potsdam).

CherryField Coaching & Consulting GmbH
Version: June 2025 – All previous versions become void upon publication of this version.