Terms and Conditions for consulting services. Tom Klein, Schwalbacher Str. 36, D-65307 Bad Schwalbach, Germany (the “Consultant”). Version: 25 August 2026.
§ 1 Scope
1.1 These Terms and Conditions apply to all contracts for consulting and coaching services between the Consultant and his clients (the “Client”).
1.2 The Consultant provides services exclusively to entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB), legal entities under public law, or special funds under public law. No contracts are concluded with consumers within the meaning of Section 13 BGB.
1.3 Deviating or supplementary terms of the Client do not become part of the contract unless the Consultant expressly agrees to them in text form.
1.4 These Terms apply in their version valid at the time of contract conclusion to subsequent engagements as well, without requiring renewed reference.
§ 2 Subject Matter and Conclusion of the Contract
2.1 The subject of the contract is advising the Client on change initiatives and supporting executives in decision-making and reflection processes (executive coaching). Content and scope of the services follow from the Consultant’s written proposal and the Client’s specific situation.
2.2 Presentations on the Consultant’s websites are non-binding and do not constitute a binding offer. Contracts are concluded as follows: enquiry by the Client, initial conversation, written proposal by the Consultant, engagement by the Client in text form.
2.3 The Consultant owes the agreed consulting services as services within the meaning of Sections 611 et seq. BGB. No specific economic outcome is owed. The Consultant renders his services in accordance with the principles of proper professional practice and with the diligence of a prudent professional.
2.4 Legal and tax advice are not part of the Consultant’s services.
§ 3 Performance of Services
3.1 The Consultant determines the manner of performance within the scope of the engagement at his own dutiful discretion. He is not subject to instructions from the Client and is free in organising his work, working hours and place of work, unless the proposal provides otherwise.
3.2 Whether working sessions take place at the Client’s premises, at a third location, or by video conference is agreed depending on the subject matter.
3.3 The Consultant may engage qualified cooperation partners from his network as vicarious agents to perform the engagement. Such deployment is agreed with the Client in advance.
3.4 Agreed dates and periods follow from the proposal or ongoing project coordination.
§ 4 Special Provisions for Executive Coaching
4.1 Executive coaching is conducted as a confidential reflection process. There is no predefined programme; the content follows from the concerns of the person being supported.
4.2 The content of the individual conversations is confidential. The Consultant does not disclose it to third parties, nor to the Client where the Client is not the person being supported. Upon request, the Consultant reports to the Client on the formal status (sessions held), not on content.
4.3 Participation in the conversations is at the Client’s own responsibility.
§ 5 Client’s Duties to Cooperate
5.1 The Client provides the Consultant in good time with all information and documents required for the engagement and names a contact person.
5.2 The Client ensures that the persons designated for working sessions are available and that decisions required from its organisation are taken in good time.
5.3 If required cooperation is omitted or delayed, resulting additional effort and delays are not at the Consultant’s expense; agreed remuneration for cancelled service periods remains unaffected insofar as the Consultant cannot use the reserved time otherwise.
§ 6 Remuneration and Payment Terms
6.1 Remuneration follows from the respective proposal. It is agreed as a fee on a per-day or per-project basis, plus statutory value added tax.
6.2 Travel and accommodation costs and other incidental expenses are charged at actual cost unless the proposal provides otherwise.
6.3 Invoicing takes place monthly according to progress unless the proposal provides otherwise. Invoices are payable within 14 days of receipt without deduction.
6.4 In the event of default in payment, the statutory provisions apply (Section 288 BGB).
6.5 The Client may set off only undisputed claims or claims established by final judgment. A right of retention exists only for claims arising from the same contractual relationship.
§ 7 Rescheduling and Cancellation of Agreed Dates
7.1 The Client may reschedule or cancel firmly agreed consulting or coaching dates free of charge up to 14 days before the date.
7.2 In case of cancellation or rescheduling less than 14 days and up to three days before the date, 50 % of the fee attributable to the date is charged; in case of less than three days, 100 %.
7.3 The charged fee is waived insofar as the Consultant can use the freed-up time otherwise. Incidental costs are only charged insofar as they have already been incurred and are non-refundable.
§ 8 Confidentiality
8.1 The Consultant undertakes to maintain secrecy about all business and personal matters of the Client that become known in the course of the engagement and not to exploit them for himself or for third parties. This obligation continues beyond the end of the contract.
8.2 The Client treats the Consultant’s working documents, approaches, and proposal contents confidentially.
8.3 Naming the Client as a reference requires the Client’s prior consent in text form.
§ 9 Data Protection
The Consultant processes personal data exclusively within the framework of applicable data protection law. Details follow from the privacy policy on the Consultant’s website. Where required, the parties conclude a data processing agreement.
§ 10 Work Results and Rights of Use
10.1 Written work results (e.g. analyses, target models, decision papers, concepts) are protected by copyright insofar as they are eligible for protection.
10.2 Upon full payment of the remuneration, the Client receives the simple, perpetual right to use the work results created for it for internal purposes. Disclosure to third parties or publication requires the Consultant’s prior consent in text form.
10.3 The Consultant remains free to use the general approaches, experience, and knowledge underlying his work for other clients, provided no confidential information of the Client is disclosed.
§ 11 Liability
11.1 The Consultant is liable without limitation for intent and gross negligence and for injury to life, body, and health.
11.2 In the event of slightly negligent breach of essential contractual obligations — obligations whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance the Client may regularly rely — liability is limited to the foreseeable damage typical for the contract. Otherwise, liability for slight negligence is excluded.
11.3 For damage caused by slight negligence, liability is limited in amount to EUR 150,000 per claim.
11.4 Decisions on the implementation of recommendations and work results are taken by the Client at its own responsibility.
11.5 Insofar as the Consultant’s liability is excluded or limited, this also applies to the personal liability of his vicarious agents and cooperation partners.
§ 12 Term and Termination
12.1 Beginning, duration, and end of the respective engagement follow from the proposal.
12.2 The right to terminate for good cause remains unaffected.
§ 13 Final Provisions
13.1 The law of the Federal Republic of Germany applies.
13.2 Place of performance and exclusive place of jurisdiction for all disputes arising from and in connection with the contract is the Consultant’s registered seat, provided the Client is a merchant, a legal entity under public law, or a special fund under public law.
13.3 Amendments and supplements to the contract require text form. This also applies to any change of this text form requirement.
13.4 Should individual provisions be or become invalid, the validity of the remaining provisions remains unaffected.
13.5 These Terms and Conditions are a convenience translation of the German Allgemeine Geschäftsbedingungen. In case of discrepancies, the German version prevails.