General Terms and Conditions magiemitworten.de – Larissa Lang

§ 1 Scope

1.1 These General Terms and Conditions apply to all services etc. between Larissa Lang, Zinster Weg 1, 95508 Kulmain, hereinafter referred to as “hypnotist” or “coach” and the client (consumer).

1.2 For coaching, consulting, animal communication, quantum work, mental work, energy work etc. and for seminars the same terms and conditions apply.

§ 2 Conclusion of Contract

2.1 The following regulations about the conclusion of the contract apply to inquiries via our portal https://magiemitworten.de by e-mail LarissaLang@magiemitworten.de and become part of all remuneration agreements.

2.2 The presentation of the service in our portal does not constitute a legally binding contract offer. By requesting the desired service, the client makes a preliminary offer for the conclusion of a contractual relationship.

2.3 A contractual relationship is established by confirmation and agreement on an appointment. Details about the agreed service result from the remuneration agreement.

2.4 The agreement of a hypnosis session as well as an animal communication, consultation, quantum work or energy work as well as, a coaching etc. for third parties is excluded.

§ 3 Scope of services, performance of services

3.1 Owed is the serious effort of the hypnotist to help the client to reach a hypnotic state. Success is not promised and cannot be guaranteed. Success is not part of the contractual relationship.

3.2 The place of performance is online (Zoom). Other arrangements can be made. If necessary, travel expenses will be invoiced.

3.3 The service amounts to one hypnosis session, unless otherwise agreed. The day and duration (date of the hypnosis session) will be agreed upon in advance. An extension or postponement of the session, due to the client’s delay or non-attendance of the appointment is generally not possible.

3.4 The techniques used are explicitly not a subcategory of psychotherapy or similar. An injury of the body, life or health, by the techniques applied by the hypnotist is not possible with the client. An exclusion of liability expressly does not arise.

§ 4 Remuneration, due date

4.1 The amount of the remuneration results from the remuneration agreement.

4.2 Payment can be made in cash, in case of on-site sessions, otherwise by bank transfer. In case of cash payment as well as bank transfer, the remuneration is due before the start of the hypnosis- mental-energy session, etc.

4.3 If several sessions are agreed, the respective invoice amount of the following session is due no later than three days before the session.

4.4 The non-attendance of the appointment of the session represents a unilateral breach of contract, the invoice amount is due in full.

4.5 The invoice amount is not due if the client cancels or reschedules the session no later than three days before the date of the session.

4.6 In case of cancellation of the session, due to a reason for which the hypnotist is demonstrably responsible, no costs will be charged.

4.7 The payment for a seminar is due at least one week before the seminar date.

4.8 Vouchers are valid for 2 years after the date of issue and expire thereafter.

§ 5 Liability

5.1 The hypnotist’s liability is limited to the invoice amount paid in the event of a slightly negligent breach of his contractual obligations.

5.2 The liability for damages resulting from injury to life, body or health based on at least a negligent breach of duty and for damages based on at least a grossly negligent breach of duty shall remain.

§ 6 Cooperation of the Client

6.1 The client is expressly obligated to inform the hypnotist prior to the appointment if physical or mental illnesses are present or if mental illnesses have existed in the past.

6.2 The probability of hypnosis success is increased if the client follows the instructions of the hypnotist.

§7 Termination of session, refusal

7.1 The hypnotist is entitled to terminate an ongoing session if she becomes aware that the client has violated an obligation existing under Section 6.1 of these General Terms and Conditions.

7.2 Furthermore, the hypnotist is entitled to refuse a request or to terminate a session according to subjective considerations, provided that one of the contracting parties has a legitimate interest in the termination. A legitimate interest may be the non-existence of a necessary relationship of trust.

§ 8 Data protection

8.1 The client wishes one or more sessions, with a number of persons determined in advance, by the hypnotist. For their implementation, in particular preparation and contact, the hypnotist or her employees, all relevant data of the client(s) to receive and store. Hypnotist in the sense of this provision is Larissa Lang, Zinster Weg 1, 95508 Kulmain.

8.2 With the request, the client expressly consents that all personal data, as well as health data, if applicable, may be stored by the hypnotist within the framework of the legal regulations of the Federal Data Protection Act (BDSG) and processed by the hypnotist personally and her employees for the purpose of administration and implementation.

8.3 This consent applies regardless of the conclusion of the remuneration agreement.

8.4 The client data will be deleted and destroyed after the last hypnosis session within the framework of the legal provisions.

8.5 Client data will not be disclosed to third parties, with the exception of the digital management of data through apps or programs such as Thrpy or even a case discussion in the context of supervision with colleagues.

8.6 Client data is stored on an encrypted storage device and in paper form in a locked cabinet and cannot be viewed by unauthorised third parties. Storage on online servers or third-party platforms does not take place.

8.7 The client has the right to inform himself at any time about the location and the extent of the stored data. Furthermore

8.8 The client or seminar participant may object to the video or audio recording before it begins. Individual sessions will then not be filmed or recorded. Seminar recordings will be edited afterwards to make the participant unrecognisable.

§ 9 Documentation

9.1 The hypnotist documents the individual sessions in a hand file and/or on audio or video recordings and/or digitally. The purpose of this is to ensure that no rights or legal interests of the client and hypnotist are violated, impaired or otherwise attacked. Furthermore, this documentation shall be presented as evidence of proper performance of the contract, if required.

9.2 The documentation can be viewed by the client upon request and can be terminated or waived in advance.

9.3 A publication of the audio and video recordings expressly does not take place. Deviating can be agreed between the contracting parties.

9.4 If the client expresses the wish to discontinue the documentation or not to record it at all, no session or similar can be conducted.

§ 10 Final Provisions

10.1 German law shall apply exclusively.

10.2 Should any provision of this Agreement or any future provision incorporated herein be wholly or partially invalid or unenforceable or later lose its validity or enforceability, the validity of the remaining provisions of the Agreement shall not be affected thereby. The same shall apply if it should turn out that the contract contains a loophole. In place of the invalid or unenforceable provision or in order to fill the gap, a provision shall apply which best corresponds to the valid or unenforceable provision from an economic point of view within the scope of what is legally permissible or, in the case of the gap, which takes into account what the contracting parties would have intended according to the meaning and purpose of the contract if they had considered the point when concluding this contract or when subsequently including a provision. This shall also apply if the invalidity of a provision is based, for example, on a measure of performance or time (period or date) prescribed in the contract; a legally permissible measure of performance or time (period or date) which comes as close as possible to that intended shall then be deemed to have been agreed.

10.3 Tirschenreuth is agreed as the place of jurisdiction, insofar as permissible.

Translated with www.DeepL.com/Translator (free version; last visited on 05.11.2023 at 11:45 am)