Terms and Conditions

§ 1 Scope and contracting parties

(1) These Terms and Conditions (the „Terms“) apply to all contracts for coaching and consulting services between Jeremy Wiederkehr Coaching – FZCO, IFZA Business Park, DDP, P.O. Box 342001, Dubai, United Arab Emirates (the „Provider“) and the client, irrespective of the way in which the contract is concluded (in particular also by telephone or by video call, for example via Zoom).

(2) A consumer within the meaning of these Terms is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or self-employed professional activity. An entrepreneur is any natural or legal person who, when concluding the contract, is acting in the exercise of their trade, business or self-employed professional activity. If a self-employed person or an entrepreneur books the coaching in the course of their professional activity, they count as an entrepreneur; in that case they have no right of withdrawal (§ 13).

§ 2 Conclusion of the contract

(1) The presentation of the services on the website does not constitute a binding offer, but a non-binding invitation to the client to get in touch with the Provider.

(2) The contract is normally concluded in a personal video call (for example via Zoom), in which the Provider and the client agree on the essential contents of the contract, in particular the scope of services, the fee, the method of payment, any minimum term, and, where agreed, the definition of the goal within the scope of the goal commitment (§ 8). A signed contract document is not required for the contract to be concluded.

(3) In order to evidence the conclusion of the contract and its terms, the relevant part of the video call is recorded with the client's prior consent. The recording serves exclusively to document the conclusion of the contract, is treated confidentially and is stored in accordance with the privacy policy; it is deleted no later than three years after the end of the contract.

(4) The client subsequently receives confirmation of the essential contents of the contract by email (contract confirmation). The client must notify the Provider without delay of any discrepancies between the confirmation and what was discussed.

§ 3 Subject matter of the contract and notes on health

(1) The Provider supplies individual one to one coaching and consulting services in the areas of fitness, nutrition and weight reduction. Depending on the individual agreement, the service includes in particular: an individually prepared training plan, an individual nutrition structure, weekly video calls, whereby more or fewer sessions can also be booked as needed and by agreement, personal support via WhatsApp, and the use of a coaching app with regular check-ins and individual evaluations. The services are tailored personally and individually to the client's situation and goal; this is personal one to one support, not a standardised course or programme.

(2) The Provider does not owe the occurrence of any particular outcome (for example a particular amount of weight loss). An expressly agreed goal commitment under § 8 remains unaffected.

(3) The Provider's services do not constitute medical, psychotherapeutic or physiotherapeutic advice or treatment and are not a substitute for them. The client is expressly advised to consult a doctor before starting the coaching, as well as in the case of existing or newly occurring health complaints, pre-existing conditions, pregnancy, or when taking medication.

(4) The client is responsible for their own health. Implementation of the recommendations is at the client's own risk. The Provider gives no promise of a cure and makes no diagnoses. In all other respects, § 11 (liability) applies.

§ 4 The client's cooperation

(1) Coaching is a personal collaboration and can only take effect if both sides play their part. The Provider prepares the plans, adjusts them on an ongoing basis, and is available for questions. In return, the client cooperates as follows:

• They carry out the agreed check-ins in the coaching app regularly, so that the Provider can see progress and adjust course in good time.
• They give truthful information about health, training, nutrition and progress, because otherwise the plan is built on false assumptions.
• They attend the agreed coaching calls or cancel them in good time.
• They report any changes in health that may be relevant to the coaching promptly.

(2) If cooperation is absent over a longer period, the Provider will first raise the matter with the client and look for a solution together with them, for example an adjustment of the plan or a pause under § 7. Only if cooperation then remains permanently absent do the provisions on extraordinary termination (§ 5(5)) and on the goal commitment (§ 8(4)) apply.

§ 5 Term and termination

(1) The contract begins when it is concluded (§ 2), unless a different start has been agreed.

(2) Where a monthly fee is agreed, a minimum term is agreed individually in the individual contract. The specific length of the minimum term follows from the agreement made in the contract call or from the contract confirmation (§ 2(4)).

(3) A contract with a monthly fee may be terminated by either party by giving 14 days' notice to the end of the minimum term. If no notice is given, the contract is extended for an indefinite period and may then be terminated by either party at any time by giving 14 days' notice to the end of the relevant billing month.

(4) Where a one-off payment is agreed, the contract ends when the agreed support period expires; where a goal commitment has been agreed, it ends when the agreed goal is reached (§ 8).

(5) The right of both parties to terminate extraordinarily for good cause remains unaffected. Good cause exists for the Provider in particular if the client seriously fails to cooperate (§ 4), or repeatedly fails to do so despite a warning, or is in arrears with at least two monthly instalments.

(6) Any termination requires at least text form (an email is sufficient).

(7) Services already rendered remain subject to payment in the event of termination. The client's statutory rights remain unaffected.

§ 6 Coaching sessions, cancellations and rescheduling

(1) The coaching calls are arranged individually between the Provider and the client.

(2) If the client cannot attend an arranged session, a cancellation in text form is sufficient, for example by WhatsApp or email. The Provider merely asks for as much notice as possible, so that the time can be used otherwise.

(3) The coaching calls are not billed individually. A cancelled or missed session is therefore not forfeited, but is made up promptly.

(4) If the Provider has to cancel or reschedule a session, it is likewise made up promptly.

§ 7 Pausing the coaching

(1) The client may pause the coaching in text form where there is good cause, in particular in the case of illness, injury, a longer absence such as travel, or an exceptionally demanding phase at work. A pause of up to four weeks in total per half-year is possible.

(2) During the pause, the main obligations of both parties are suspended. The agreed term or the agreed support period is extended by the duration of the pause, so that the client loses no coaching time.

(3) Longer or additional pauses can be agreed individually at any time.

§ 8 Goal commitment

(1) A goal commitment applies only if it has been expressly agreed, and exclusively for contracts with a one-off payment. No goal commitment is granted where a monthly fee applies.

(2) The committed goal is defined measurably in the contract call (for example target weight or body composition) and given a target period; both are recorded in the contract confirmation (§ 2(4)).

(3) If the client does not reach the agreed goal within the target period despite cooperating in accordance with the contract, the Provider continues to support the client at no additional fee until the agreed goal is reached. The goal commitment does not give rise to any claim to repayment of the fee or to any other service.

(4) The goal commitment lapses if the client permanently or repeatedly fails to cooperate (§ 4) despite having been addressed about it beforehand, has given inaccurate or incomplete information, breaks off the coaching early, or if the goal is no longer attainable for health reasons or pursuing it is no longer medically justifiable. Individual missed check-ins or sessions do not cause the goal commitment to lapse.

§ 9 Prices, payment terms, invoicing

(1) All prices are final prices. Any value added tax is shown separately where applicable. The amount of the fee and the contract currency (EUR, CHF or AED) follow from the individual agreement.

(2) Payment is made by agreement by bank transfer or by card payment through a payment service provider. The Provider is entitled to engage third-party companies for payment processing, in particular Stripe, PayPal, CopeCart, Digistore24 or Whop. The Provider reserves the right to involve further suitable payment service providers.

(3) For card payments, the Provider may charge a payment processing fee of 2.9 % of the amount payable. The client is expressly informed of the fee before the contract is concluded; it is shown in the contract confirmation.

(4) The fee falls due in full when the contract is concluded, unless something different has been agreed individually (for example monthly payment or payment by instalments). If the due date is determined by the calendar, the client is in default simply by missing the payment date.

(5) In the event of late payment, the Provider is entitled to charge a flat reminder fee of EUR 10.00, or the corresponding amount in the relevant contract currency, for each reminder. After the second unsuccessful reminder, the Provider is entitled to charge a further processing fee of EUR 25.00, or the corresponding amount in the contract currency. The client remains entitled to demonstrate that the Provider suffered no loss or a lower loss. The assertion of further losses caused by the delay remains unaffected.

§ 10 Copyright and rights of use

(1) All content provided by the Provider, in particular training and nutrition plans, PDFs, individual evaluations and other documents provided within the coaching, is protected by copyright. All rights remain with the Provider.

(2) For content that the Provider has created individually for the client, that is in particular their training plan, their nutrition structure and their personal evaluations, the client receives a simple, non-transferable and unlimited in time right of use for private and non-commercial use. This right continues to exist after the end of the contract, so the client may go on working with their plans permanently. Since access to the coaching app ends with the contract, it is advisable to save the documents beforehand.

(3) For general content that has not been created individually for the client, such as the exercise videos in the app or general guides, the right of use applies for the duration of the contract.

(4) In particular, the reproduction, passing on, publication or distribution of the content to third parties is prohibited, including to family members, acquaintances or other coaching providers, without the Provider's prior consent in text form.

§ 11 Liability

(1) Claims for damages by the client are excluded. Excepted from this are claims for damages arising from injury to life, body or health, and from the breach of essential contractual obligations (cardinal obligations), as well as liability for other damage based on an intentional or grossly negligent breach of duty by the Provider, its legal representatives or vicarious agents.

(2) Essential contractual obligations are those whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance the client may regularly rely. In the case of a slightly negligent breach of essential contractual obligations, the Provider is liable only for the foreseeable damage typical of the contract.

(3) The above limitations of liability also apply in favour of the Provider's legal representatives and vicarious agents.

§ 12 Data protection

Information on the collection, storage and processing of personal data, and on the rights of data subjects, can be found in the Provider's privacy policy.

§ 13 Right of withdrawal for consumers

Consumers have a statutory right of withdrawal in accordance with the withdrawal instructions below. Entrepreneurs have no right of withdrawal.

Withdrawal instructions

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which the contract was concluded.

To exercise your right of withdrawal, you must inform us

by means of a clear statement (for example a letter sent by post, or an email) of your decision to withdraw from this contract. You may use the attached model withdrawal form for this, although it is not mandatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.

Consequences of withdrawal

If you withdraw from this contract, we shall reimburse you all payments received from you without delay and at the latest within fourteen days from the day on which we received notification of your withdrawal. For this reimbursement we shall use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees as a result of this reimbursement.

Early expiry of the right of withdrawal

The right of withdrawal expires early if the Provider has fully performed the service and only began performing the service after the consumer gave their express consent to this and at the same time confirmed their awareness that they lose their right of withdrawal once the Provider has fully performed the contract.

If the consumer requested that the services should begin during the withdrawal period, they must pay a reasonable amount corresponding to the proportion of the services already provided up to the point of withdrawal compared with the total scope of the services provided for in the contract.

Model withdrawal form

(If you wish to withdraw from the contract, please complete this form and send it back.)

§ 14 Online dispute resolution / consumer arbitration

The European Commission provides a platform for online dispute resolution (ODR), which you can find at https://ec.europa.eu/consumers/odr/. The Provider is neither obliged nor willing to take part in dispute resolution proceedings before a consumer arbitration board.

§ 15 Applicable law and place of jurisdiction

(1) All legal relationships between the Provider and the client are governed by the law of the United Arab Emirates, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers habitually resident in the European Union or Switzerland, the mandatory consumer protection provisions of their home state remain unaffected.

(2) The exclusive place of jurisdiction for all disputes arising from or in connection with contracts between the Provider and entrepreneurs is Dubai, United Arab Emirates.

§ 16 Final provisions

If individual provisions of this contract are or become wholly or partly invalid or unenforceable, this does not affect the validity of the remaining provisions. The invalid or unenforceable provision is replaced by a provision that comes closest to what was intended economically. The same applies in the event of a gap in the provisions.