1 Definitions
The term “Trainer” refers to Rebecca Hoffmann, Sulzerallee 77, CH-8404 Winterthur, the provider of business training services, and includes any agents, employees, or subcontractors acting on behalf of Rebecca Hoffmann.
The term “Client” refers to any individual, group, or organization that has agreed to receive business training services from the Trainer and has accepted these Terms and Conditions. This term also includes any representatives or agents acting on behalf of the individual, group, or organization.
The term “Services” encompasses all business training, consulting, and related support activities provided by the Trainer. This includes, but is not limited to, one-on-one training sessions, group training sessions, workshops, training sessions, and any digital or physical materials provided as part of these services. The specific details of the Services to be provided are outlined in this quotation.
2 Provided Services
Scope of Services: The Trainer will provide business training services as detailed in the individual agreement or service contract (“Services”). These Services are aimed at supporting the Client’s personal and professional development and may include, but are not limited to, the following: Training programs, one-on-one training sessions, group training sessions, workshops, seminars, training programs, and/or consultation / learning design services.
The Services will be tailored to the specific needs and objectives of the Client. The Trainer will work collaboratively with the Client to identify these needs and set appropriate goals.
The dates, times, and locations of the coaching or training sessions will be mutually agreed upon between the Trainer and the Client and outlined in the training agreement or service contract.
The Services will be delivered in-person, online, or through a combination of both, as agreed upon in the coaching agreement or service contract. The Trainer will provide the necessary details for each session, including location, platform, and materials required.
Any changes or additions to the Services initially agreed upon will be discussed and agreed upon in writing by both the Trainer and the Client. Such changes may involve adjustments in fees and terms.
The success of the Services depends on the Client’s commitment and engagement in the process. The Client is expected to actively participate in the sessions, complete any assigned tasks, and provide honest feedback.
The Trainer and Client will periodically review the progress and effectiveness of the Services and make adjustments as necessary.
3 Confidentiality
The Trainer is committed to maintaining the highest degree of confidentiality regarding the Client’s personal and business information. Any confidential information shared by the Client will be kept strictly private and secure, except as otherwise agreed upon or as required by law. Confidential information includes, but is not limited to, personal data, business strategies, plans, documents, and any other information shared verbally, electronically, or in written form that is not publicly available.
Exceptions to Confidentiality: Confidentiality does not apply to information that: (1) is or becomes publicly known through no fault of the Trainer, (2) is received from a third party without breach of a duty of confidentiality, (3) is independently developed by the Trainer without use of or reference to the Client’s confidential information, or (4) is required to be disclosed by law or a regulatory body.
The obligation of confidentiality shall remain in effect even after the completion or termination of the Services, for a period of 10 years.
The Trainer may use the Client’s information solely for the purpose of delivering the agreed-upon Services. Any use beyond this scope will require explicit written consent from the Client.
In cases where the Trainer engages third parties to assist in the provision of Services, such third parties will be bound by similar confidentiality agreements to ensure the protection of the Client’s confidential information.
Upon termination of the Services, or at the Client’s request, all confidential materials provided by the Client will be returned or destroyed, as per the Client’s preference.
4 Travel expenses
The Trainer will invoice all travel expenses incurred in connection with the provision of the Services separately from the fees for the Services themselves. These expenses are in addition to any fees agreed upon for the Services provided. Travel expenses may include, but are not limited to, transportation costs (e.g., airfare, train tickets, car rental, fuel), accommodation costs, and incidental expenses.
The Trainer commits to invoicing the Client only for actual and reasonable travel expenses incurred. The Trainer will provide a detailed breakdown of these expenses, along with the necessary receipts or proof of expenditure if requested.
In the event of cancellation of a session by the Client, any non-refundable travel expenses already incurred by the Trainer will still be payable by the Client, as detailed in the Cancellation Policy.
The Trainer will not invoice for time spent traveling. Only the actual out-of-pocket expenses incurred during travel will be billed.
5 Payment Terms
The Client agrees to pay the Trainer the agreed fees for the Services provided. All fees are non-refundable and must be paid in accordance with the payment schedule specified.
Invoices for the Services will be issued by the Trainer immediately following each session or service provided, as specified in the individual training agreement or service contract.
Payments are due within 30 days of the invoice date. Late payment may result in a suspension of Services until payment is received.
The Trainer accepts payments via bank transfer only. The bank account details can be found on the bottom of this document.
In the event of late payment, the Trainer reserves the right to charge interest on the outstanding amount at a rate of 4% from the payment due date until the date of payment.
6 Cancellation Policy
Client Cancellation and Rescheduling: The Client may cancel a training session by notifying the Trainer at least six weeks in advance. If the Client cancels with less notice, the Trainer reserves the right to charge a cancellation fee of up to 90% based on amount of notice period. The
Exempt from value-added tax in accordance with Art. 10 Para. 2 No. 19 of the VAT Act (MWSTG) as a small business.
Client may reschedule a training session by notifying the Trainer at least six weeks in advance. If the Client reschedules with less notice, the Trainer reserves the right to charge a rescheduling fee of 10%. If the Trainer has already incurred non-refundable travel expenses for a planned training session (such as transportation or accommodation costs), these expenses will be invoiced to the Client and are payable in full, irrespective of the cancellation or rescheduling of the session.
Trainer Cancellation: The Trainer reserves the right to cancel or reschedule a session due to unforeseen circumstances. In such cases, the Trainer will notify the Client at the earliest possible convenience and reschedule the session to a mutually agreeable time.
No-Show Policy: If the Client fails to show up for a scheduled session without prior notification, the Trainer reserves the right to charge the full fee for the missed session.
7 Limitation of Liability
The Trainer shall not be liable to the Client or any third-party for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or other intangibles, damage to goodwill or business reputation, or the cost of procurement of substitute goods or services, arising out of or in connection with the provision of the Services, whether such liability arises from any claim based upon contract, warranty, tort (including negligence), product liability or otherwise, and whether or not the Trainer has been advised of the possibility of such loss or damage.
The organizer of Services is always the Client. Therefore, participants do not have insurance coverage through the Trainer.
8 Training Outcomes
The Client acknowledges that training is a collaborative process that requires active participation and effort. While the Trainer will provide guidance and support, the Client agrees that the Trainer is not responsible for the Client’s decisions, actions, or results achieved from those actions. The Client retains sole responsibility for their actions, choices, and the consequences thereof.
9 Intellectual property
All training materials, methodologies, and content provided by the Trainer during the sessions (“Training Materials”) are the exclusive property of the Trainer. This includes, but is not limited to, documents, presentations, handouts, exercises, graphics, and digital materials.
The Training Materials are provided to the Client solely for use in conjunction with the Trainer’s sessions. The Client is not authorized to use these materials for any other purposes, including but not limited to training, teaching, or coaching sessions within the Client’s own organization or with third parties, without the express written permission of the Trainer.
The Client agrees not to copy, reproduce, distribute, or create derivative works from the Training Materials without the Trainer’s prior written consent. This restriction applies to all forms of media, including electronic and print formats.
Training Materials may contain proprietary information and trade secrets. The Client agrees to maintain the confidentiality of all such materials and information in accordance with the terms of the Confidentiality section of this agreement.
Upon the termination of the Services, or at the request of the Trainer, the Client agrees to promptly return all Training Materials, including any copies or derivatives thereof, to the Trainer.
Nothing in this agreement shall be construed as transferring any intellectual property rights in the Training Materials to the Client or any third party.
The Client acknowledges that any unauthorized use of the Training Materials may cause irreparable harm to the Trainer for which monetary damages may be inadequate. In such a case, the Trainer has the right to seek injunctive relief, in addition to any other legal remedies.
10 Indemnification
The Client agrees to indemnify and hold harmless the Trainer from any claims, losses, expenses, fees including attorney fees, costs, and judgments that may be asserted against the Trainer that result from the acts or omissions of the Client and/or the Client’s employees, agents, or representatives.
11 Force Majeure
The Trainer shall not be liable for any failure to perform the Services due to circumstances beyond their control including, but not limited to, acts of God, war, government regulations, disasters, strikes, civil disorder, or curtailment of transportation facilities.
12 Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of Switzerland. Any disputes or legal proceedings arising from or related to this Agreement shall be subject to the exclusive jurisdiction of the courts of Zurich.