General Terms and Conditions (GTC)

1) General information

Susanne Neubauer neubauerundneubauer.com Somatic Coaching offers somatic coaching in one-to-one sessions as well as in group courses.

2) Description of coaching

Coaching is a partnership (defined as a relationship, not a legal business partnership) between the coach and the coachee, involving a thought-provoking and creative process that inspires the coachee to maximise their personal and professional potential. It is designed to facilitate the creation or development of personal, professional or business goals, and to develop and implement a strategy or plan to achieve these goals.

3) The relationship between coach and client:

The coach undertakes to adhere to the ethical principles and standards of conduct established by the International Coaching Federation (ICF). It is recommended that the coachee reads the ICF Code of Ethics and the applicable standards of conduct.
English: www.coachingfederation.org/ethics
German: https://coachingfederation.org/app/uploads/2021/05/ICF-Code-of-Ethics_German_Brand-Updated.pdf
The coachee is solely responsible for creating and maintaining their own physical, mental and emotional well-being, as well as for their decisions, choices, actions and outcomes arising from or resulting from the coaching relationship and their coaching conversations and interactions with the coach. The coachee agrees that the coach shall not be liable for any acts or omissions, or for any direct or indirect consequences of the services provided by the coach. The coachee understands that coaching is not therapy and does not replace therapy where it is required, and that it does not prevent, cure or treat mental disorders or medical conditions.
The coachee further acknowledges that he/she may terminate or suspend the coaching relationship at any time.
The Coachee acknowledges that coaching is a comprehensive process that may affect various areas of their life, including work, finances, health, relationships, education and leisure. The Coachee agrees that the decision on how to deal with these issues, how to apply coaching principles to these areas and how to implement their decisions lies solely with the Coachee.
The coachee acknowledges that coaching does not involve the diagnosis or treatment of mental disorders as defined by the American Psychiatric Association, and that coaching must not be used as a substitute for counselling, psychotherapy, psychoanalysis, psychiatric care, treatment for substance abuse or other professional advice from legal, medical or other qualified professionals, and that it is the sole responsibility of the coachee to seek such independent professional advice where necessary. If the client is currently under the care of a mental health professional, it is recommended that the client inform that professional without delay of the nature and scope of the coaching relationship agreed between the client and the coach.
The coachee understands that, in order to enhance the coaching relationship, they agree to communicate honestly, be open to feedback and support, and commit the time and energy required to participate fully in the programme.

4) Services:

The parties agree to conduct a somatic coaching programme via Zoom sessions of a pre-determined duration. The coach will be available to the client via email and voicemail between scheduled sessions.

5) Timetable & Fees:

This coaching agreement comes into effect from the agreed date, with the fee to be paid in advance. The duration of each session, the frequency of sessions and the duration of the programme will be set out in a written agreement.

6) Right of withdrawal and 100% money-back guarantee:

You have a 14-day right of withdrawal following the signing of the agreement, as well as a 100% money-back guarantee valid for up to three sessions after the start of coaching. The agreement may subsequently be terminated with two weeks’ notice. In such cases, the coaching service will be billed on a pro rata basis.

7) Procedure:

The timing and/or location of the coaching sessions will be determined by the coach and the coachee on the basis of a mutually agreed schedule. The coachee is responsible for arranging all scheduled sessions and will contact the coach via email to arrange all planned meetings. If the coach is available for a scheduled call on a different number, the client will be notified prior to the scheduled appointment.

The Zoom sessions will be held using the same personal link each time.

8) Confidentiality:

This coaching relationship, as well as all information (documented or verbal) that the Client shares with the Coach as part of this relationship, is bound by the principles of confidentiality set forth in the ICF Code of Ethics. However, please be aware that the Coach-Client relationship is not considered a legally confidential relationship (like the medical and legal professions) and thus communications are not subject to the protection of any legally recognized privilege. The Coach agrees not to disclose any information pertaining to the Client without the Client’s written consent. The Coach will not disclose the Client’s name as a reference without the Client’s consent.

Confidential Information does not include information that: (a) was in the Coach’s possession prior to its being furnished by the Client; (b) is generally known to the public or in the Client’s industry; (c) is obtained by the Coach from a third party, without breach of any obligation to the Client; (d) is independently developed by the Coach without use of or reference to the Client’s confidential information; or (e) the Coach is required by statute, lawfully issued subpoena, or by court order to disclose; (f) is disclosed to the Coach and as a result of such disclosure the Coach reasonably believes there to be an imminent or likely risk of danger or harm to the Client or others; and (g) involves illegal activity. The Client also acknowledges his or her continuing obligation to raise any confidentiality questions or concerns with the Coach in a timely manner.

9) Release of Information:

The Coach engages in training and continuing education pursuing and/or maintaining ICF (International Coach Federation) Credentials. That process requires the names and contact information of all Clients for possible verification by ICF. By signing this agreement, you agree to have only your name, contact information and start and end dates of coaching shared with ICF staff members and/or other parties involved in this process for the sole and necessary purpose of verifying the coaching relationship, no personal notes will be shared.

According to the ethics of our profession, topics may be anonymously and hypothetically shared with other coaching professionals for training, supervision, mentoring, evaluation, and for coach professional development and/or consultation purposes.

10) Cancellation Policy:

The Client agrees that it is their responsibility to notify the coach 24 hours before scheduled sessions. The coach reserves the right to charge the Client for any missed session. The coach will endeavour in good faith to reschedule the missed session.

11) Record Retention Policy:

The Client acknowledges that the Coach has disclosed his/her record retention policy with respect to documents, information and data acquired or shared during the term of the Coach-Client relationship. Such records will be maintained by the Coach in a format of the Coach’s choice (print or digital/electronic) for a period of not less than 3 years.

12) Termination:

Either the Client or the Coach may terminate this Agreement at any time with 1 week written notice. Client agrees to compensate the Coach for all coaching services rendered through and including the effective date of termination of the coaching relationship, provided that these services are no longer covered by the 100% money-back guarantee.

13) Limited Liability:

Except as expressly provided in this Agreement, the Coach makes no guarantees, representations or warranties of any kind or nature, express or implied with respect to the coaching services negotiated, agreed upon and rendered. In no event shall the Coach be liable to the Client for any indirect, consequential or special damages. Notwithstanding any damages that the Client may incur, the Coach’s entire liability under this Agreement, and the Client’s exclusive remedy, shall be limited to the amount actually paid by the Client to the Coach under this Agreement for all coaching services rendered through and including the termination date.

14) Entire Agreement:

This document sets out the entire agreement between the coach and the client and reflects the parties’ full understanding of the subject matter of the contract. This agreement supersedes all previous written and oral representations. The agreement may only be supplemented, amended or extended in writing by the coach and the client.

15) Dispute Resolution:

If a dispute arises from this agreement that cannot be resolved amicably, the Client and the coach agree to make a good-faith attempt at mediation within 10 days of the dispute being raised. If the dispute is not settled in this way and legal proceedings ensue, the prevailing party shall be entitled to claim legal and court costs from the other party.

16) Severability:

If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If the Court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

17) Waiver:

The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement.

18) Applicable Law:

This agreement is governed by the laws of Switzerland (Swiss Code of Obligations) and shall be interpreted accordingly, without recourse to conflict-of-law rules.

19) Data Protection:

By signing this agreement, the Client confirms that they have read and understood the privacy policy and the terms and conditions.

20) Binding Effect:

This Agreement shall be binding upon the parties hereto and their respective successors and permissible assigns.

21) Amendments to and Effectiveness of the Terms and Conditions:

We reserve the right to amend the content and scope of these Terms and Conditions at any time. Customers will be notified of any such changes via beyouranimal. Should any provision of these Terms and Conditions be or become invalid, this shall not affect the validity of the remaining provisions.

22) Governing Law and Jurisdiction

All contracts are governed by Swiss law. The place of jurisdiction is Brugg (Switzerland).

Susanne Neubauer, 1.1.2025