Please note that depending on your purchase – online product/coaching OR the booking of a retreat, workshop or class different terms and conditions apply. See event/retreat disclaimer & waiver below.
Coaching Terms and Conditions
In the spirit of good practice, when you are purchasing coaching services from Lena Heuel, we will ask you to confirm that you have read and agreed to each statement below and that you wish to proceed (you will receive a copy in your email inbox after deciding to work together). All coaching services and communication, email or otherwise, delivered by myself, Lena Heuel, as well as information on this website (lenaheuel.com), are meant to help you identify the areas in your life and in your thinking that may be preventing you from experiencing greater well-being and moving forward. Coaching is not a substitute for professional mental health care or medical care. The term ‘coaching’ as here used covers life coaching, personal coaching, and business coaching for clients. Lena Heuel is continually striving to ensure the standard of service she provides to her clients remains excellent. At the end of the coaching process, or series of coaching sessions, the client will be asked to complete a feedback form.
COACHING DISCLAIMER
I understand that the coaching services I will be receiving from my Coach are not offered as a substitute for professional mental health care or medical care and are not intended to diagnose, treat or cure any mental health or medical conditions. I also understand that my Coach is not acting as a mental health counsellor or a medical professional. For legal purposes, I understand that coaching is currently an unregulated industry and that my Coach is not “licensed” by any country though the sessions may take place in person.
I understand and agree that I am fully responsible for my well-being during my coaching sessions, and subsequently, including my choices and decisions. I understand that coaching is not a substitute for counseling, psychotherapy, psychoanalysis, mental health care, or substance abuse treatment, and I will not use it in place of any form of therapy. I understand that all comments and ideas offered by my Coach are solely for the purpose of aiding me in achieving the defined goals I create with my Coach.
I have the ability to give my informed consent, and hereby give such consent to my coach to assist me in achieving such goals and understand that results are not guaranteed. I understand that to the extent our work together involves career or business, my Coach is not promising outcomes included but not limited to increased clientele, profitability, and or business success. I understand that my Coach will protect my information as confidential unless I state otherwise in writing. If I report child, elder abuse or neglect or threaten to harm myself or someone else, I understand that necessary actions will be taken and my confidentiality agreement limited in this capacity. Furthermore, if my Coach is ordered by a court to provide information or to testify, she will do so to the extent the law requires. I understand that the use of technology is not always secure and I accept the risks of confidentiality in the use of email, text, phone, WhatsApp, Zoom, Skype, and other technology. I hereby release, waive, acquit and forever discharge my Coach, any agents, successors, assigns, personal representatives, executors, heirs, and employees from every claim, suit action, demand or right to compensation for damages I may claim to have or that I may have arising out of acts or omissions by myself or by my Coach as a result of the advice given by my Coach or otherwise resulting from the coaching relationship contemplated by this agreement.
I further declare and represent that no promise, inducement or agreement not expressed in this agreement has been made to me to sign this agreement. This agreement shall bind my heirs, executors, personal representatives, successors, assigns, and agents.
TERMS AND CONDITIONS
The coaching schedule will be arranged between Lena Heuel and the client and can be booked up to 2 months in advance. Lena Heuel will recommend the frequency of coaching sessions based on a professional assessment of the client’s requirements. The number and frequency of coaching session will be agreed at the start of coaching between Lena and the client, and confirmed by Lena by email or written correspondence. In return for the fees payable by the client (or by a third party on their behalf), Lena Heuel agrees to provide the service as described in the written contract and in accordance with the terms and conditions.
The client agrees to pay fees for the service on the terms and conditions. (In situations where a third party pays the fees, the third party counts as an agent acting on behalf of the client). The date that the first coaching session takes place shall be deemed to be the start date for the service. Where any client is unhappy with any of the terms and conditions they can contact Lena Heuel to discuss any concerns and see if they can be resolved before the first coaching session.
PAYMENT TERMS
Fees can be paid online by debit or credit card using the Memberpress, Stripe, Paypal payments systems, or by bank transfer. Where receipts are requested by the client, they will be sent by e-mail unless otherwise requested. Fees are payable in advance of the mentoring program unless otherwise agreed, such as payment plans. Where payment has not been received by Lena in advance of a coaching session Lena Heuel is not obliged to provide the session. Where payment is required on receipt of an invoice rather than in advance, a charge of 30€ may be levied for late payment. When payments are not sent out, legal action will be taken.
BETWEEN SESSIONS
Lena may assign the client tasks or exercises to complete between coaching sessions. There is no obligation on the client to complete these items of ‘homework’, but not doing so may slow the client’s progress in gaining improved quality of life or achieving desired business or personal outcomes. The client may contact Lena by WhatsApp, Telegram, or e-mail between sessions to seek clarification regarding anything arising from a coaching session or for administrative purposes (e.g. where a client needs to rearrange a coaching session or make a payment). Additional coaching can also be provided between sessions but there will be an additional charge for this. Lena Heuel will always advise a client in advance if the nature of a client’s contact is likely to incur an additional charge and no such charges will be imposed without the client’s agreement.
REARRANGING SESSIONS
If a client needs to rearrange a coaching session, they should provide at least 48 hours notice. No refunds will be given to clients for unused coaching sessions unless 48 hours notice has been given. In exceptional circumstances Lena may need to rearrange a coaching session. In those instances, she will also give the client 48 hours notice where practical.
CONFIDENTIALITY
Personal information or business information supplied by clients in coaching sessions will be treated as confidential. It will not be disclosed to a third party without the client’s prior permission, save where required by law or where action might be necessary to prevent harm to the client or someone else.
EARLY TERMINATION
In exceptional circumstances, such as illness or unavailability due to bereavement or other commitments, inappropriate behaviour by the client, actual or potential conflict of interest, or other reasons, Lena Heuel can decide to terminate the service to the client early or refuse or be unable to provide further coaching sessions to the client. In such a circumstance, the client will be given reasonable notice of termination by Lena Heuel where practicable and will be refunded partially.
RESPONSIBILITIES
Lena Heuel will seek to enable the client to improve their quality of life or level of business success and to achieve their desired outcomes. Remarkable results can be achieved where clients follow a clear plan in a committed way. However, the client has sole responsibility for taking important decisions in their life or business. Lena Heuel has no liability for any loss incurred by any client, whether financial or otherwise, following the commencement of coaching sessions, or for any perceived failure by the client, whether justified or otherwise, to achieve a material improvement in quality of life or business or to achieve their desired outcomes or goals.
VARIATION OF TERMS AND CONDITIONS
Where an Initial Number of Sessions is agreed, any changes to these terms and conditions intended to take effect prior to the conclusion of those Initial Number of Sessions will only have effect if agreed by both Lena Heuel and the client and confirmed by Lena in writing by email or letter. In other cases, Lena Heuel may change any of these terms or conditions including the Per Session Fee by giving the client one week’s notice in writing by letter or e-mail of the change(s). If following receipt of such notification of change, the client no longer wishes to proceed with further coaching sessions, they may withdraw from the service immediately by giving notice in writing by email or letter and they will then be entitled to a full refund of any fees paid in advance for coaching sessions not yet provided. Such notice will be effective on receipt by Lena.
GOVERNING LAW
This contract is governed by the law of GER & NL whose courts have exclusive jurisdiction in relation to any dispute, disagreement, proceedings or legal claim of any nature relating to the service provided or the contract.
FEEDBACK
Feedback about the service is welcomed and can be given during a coaching session or by writing to Lena Heuel.
CONTACT INFORMATION
If you have any queries regarding any of our terms, please send an email to mail@lenaheuel.com
General Terms and Conditions,
Retreats - Events - Workshops
Retreats - Events - Workshops
RETREAT WAIVER
TERMS OF SERVICE
It is your responsibility to fully understand the terms and conditions for the retreat. Please read carefully what is and is not included in your retreat package and view all encompassing on the website. Should you have questions regarding the terms and conditions, we are available for consultation and would be happy to clarify any areas in advance of signing a contract with us.
PAYMENT TERMS & CANCELLATIONS
1. Scope of application
1.1 These General Terms and Conditions (GTC) apply to the organisation of retreats and other events (hereinafter: “retreat”) by the organiser Lena Heuel, Lena Heuel Consulting (hereinafter: “organiser”) irrespective of the venue of the booked retreat or workshop.
1.2 The following conditions govern the booking of the retreat.
1.3 The organiser is solely responsible for the organisation and implementation of the retreat/services and is not a tour operator or travel agent.
2. Contracting party
Lena Heuel Consulting
Lena Heuel
Rhijnvis Feithstraat 48
1054VA Amsterdam
NETHERLANDS
3. Offer, acceptance, conclusion of contract
3.1 The description of the retreat on the internet website www.lenaheuel.com or www.pilatesbaylena.com, constitutes a legally binding offer (offer).
3.2 The written registration of the participant represents the acceptance of the offer and thus the conclusion of the contract.
3.3 The payment of the first rate / amount paid represents the acceptance of the offer and thus the conclusion of the contract.
3.4 After acceptance of the Organiser’s offer by the Participant’s registration, the Participant shall receive a registration confirmation by e-mail. Details of the order and payment are listed in this e-mail, and the invoice is also included in this e-mail (order confirmation).
4 Storage of the text of the contract
4.1 The participant can view the GTC of the organiser on the website www.lenaheuel.com under “Events”. The document can be printed out and viewed.
4.2 The text of the contract is stored by the organiser. This contract text is accessible to the participant upon request.
5. Payment of the course fee
5.1 The participant books the retreat in writing with the organiser. The course fee is due immediately upon booking. The prices stated on the website are final prices and include the currently valid value added tax after NL law.
5.2 The invoice can be paid by bank transfer, PayPal, Credit Card.
5.3 The payment is non-refundable but can be fully transferred to another person. Should travel be blocked due to COVID restrictions or other force majeure events, your payment will be credited to a postponed retreat. The necessary and appropriate travel insurance is needed and needs to be handled by the participant himself/herself.
5.4 All prices are per person and are set well in advance of the retreat start date. Prices include retreat costs only; they do not include travel costs to and from the retreat.
6. Rights and obligations of the participant
6.1 The participant is obliged to provide his/her personal data truthfully and completely. The participant undertakes to inform us of any changes to his/her data in a timely manner.
6.2 The participant has to make the necessary arrangements for participation in the retreat on his/her own responsibility and at his/her own expense. This applies in particular to the booking of transport, accommodation and meals (except otherwise stated).
6.3 The participant is obliged to book accommodation in the specified seminar hotel. Participation in the retreat is only possible with simultaneous accommodation in the specified hotel unless otherwise stated in the offer.
6.4 Participation in the retreat requires normal mental and physical resilience. If the participant is undergoing medical or psychotherapeutic treatment, he/she is required to discuss participation with the doctor or therapist.
6.5 The participant is required to inform the organiser of any physical or psychological limitations or complaints before the start of the retreat.
6.6 The participant has no right to demand that the retreat be conducted by certain teachers. In the event of the unforeseeable absence of the announced teacher at short notice, for example due to illness or disability, the organiser may provide a substitute teacher for the booked retreat. The replacement of the teacher does not entitle the participant to withdraw from the contract or to terminate the contract.
6.7 The participant understands that if she is pregnant, she will take necessary steps to ensure her doctor and health care providers know she is participating in this Retreat. She asserts that she is of fit health to participate in the Retreat and will alert all teachers whose sessions she participates in that she is pregnant.
6.8 In consideration of being permitted to participate in the Retreat, the participant agrees to assume full responsibility for any risks, injuries, or damages, known or unknown, which the participant might incur as a result of participating in the retreat, including any travel and any or all activities done with the Lena Heuel Consulting, or as an individual at the accommodation and facilities provided.
6.9 In further consideration of being permitted to participate in the Retreat, the participant knowingly, voluntarily, and expressly waives any claim the participant may have against Lena Heuel Consulting and staff for injury or damages that the participant may sustain as a result of participating in the retreat. The participant, my heirs, and legal representatives forever release, waive, discharge, and covenant not to sue Lena Heuel Consulting for any injury or death caused by their negligence or other acts.
7. Rights and obligations of the organiser/ minimum number of participants
7.1 The scope of the services to be provided by the organiser extends exclusively to the implementation of the retreat. The organiser does not provide or arrange any services in connection with the participant’s arrival and departure as well as accommodation and meals, unless otherwise stated on www.lenaheuel.com or www.pilatesbaylena.com.
7.2 The organiser is entitled to change the time schedule or content of the retreat or to omit individual components, provided that this does not change the aim and overall character of the retreat.
7.3 The organiser undertakes to inform the participant at the latest four weeks before the start of the retreat that the retreat cannot take place because the minimum number of participants has not been reached. In this case, the paid course fee will be refunded immediately. The minimum number of participants is 5.
7.4 The organiser is not obliged to reimburse the participant for cancellation or rebooking costs for transport and hotel services already provided elsewhere.
7.5 The organiser reserves the right to postpone or cancel the retreat for reasons beyond the organiser’s control. This is particularly the case if the announced teacher is prevented from taking over the retreat, for example due to illness, if no other teacher can take over the retreat or if force majeure endangers or impairs the implementation of the retreat. The participant will then be refunded the course fee immediately. The participant has no further claims.
8. No right of withdrawal for retreats
8.1 There is no right of withdrawal for consumers, § 312g Abs. 2 S. 1 Nr. 9 BGB. The booking of a retreat is a service in connection with a leisure activity. According to § 312g para. 2 no. 9 BGB, there is no right of withdrawal for such services.
9. Cancellation by Participants
9.1 The participant can cancel the contract in writing to the organiser at any time before the start of the retreat. The payment whatsoever is non-refundable but can be fully transferred to another person.
9.2 The participant can provide a substitute participant until the start of the booked retreat who will take over the rights and obligations of the contract.
9.3 Exceptions to our cancellation policy cannot be made for ANY reason, including weather, terrorism, civil unrest, health changes, personal emergencies or otherwise. There is no refund for arriving late or leaving a trip early.
10. Right of withdrawal; cancellation due to special circumstances
10.1 The replacement of the announced teacher by the organiser at short notice does not entitle the participant to withdraw or to terminate the contract.
10.2 If the implementation of the retreat is considerably impeded, endangered or impaired by force majeure which could not be foreseen at the time of the conclusion of the contract, the organiser can terminate the contract.
10.3 Should travel be blocked due to COVID restrictions or other force majeure events, your payment will be credited to a postponed retreat. The necessary and appropriate travel insurance is needed.
11. Liability
The Tour Operator shall not be liable for third-party services, in particular for travel services or claims of participants arising from their contractual relationship with the hotel. This also applies to any claims of the participants as a result of a cancellation of their hotel booking after cancellation of the retreat by the organiser.
12. declaration of consent in picture and video recordings
12.1 The Organiser reserves the right to take pictures and video recordings during the yoga retreat for the use and publication of such recordings on its own website and social media and for the purposes of advertising and describing the services.
12.2 The participant hereby gives his/her consent to image and video recordings of him/her in accordance with clause 12.1 of these Terms of Use.
12.3 The Participant may revoke his/her consent on-site before the picture and video recordings are made vis-à-vis the person making the recordings.
13. Applicable law, place of jurisdiction
13.1 NL law shall apply exclusively; the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship shall be NL (district of Noord Holland).
14. Severability clause
Should one of the above provisions become invalid, the remaining provisions shall remain unaffected.
ACKNOWLEDGEMENT
15. ASSUMPTION OF RISK
I (the participant) acknowledge that I have voluntarily enrolled to participate in this retreat. In consideration of The Host allowing me to participate, I agree to this release of claims, waiver of liability and assumption of risks. On behalf of myself, my heirs, executors, successors, administrators and any other person who may have an interest at common law or by operation of statute, I hereby waive any and all claims I or such parties may have now or in the future. I release from liability The Host and any teachers, employees, guides, agents or representatives (“the releasees”) for any personal injury, death, property damage or loss or any nature suffered by me as a result of participation in any activity on the retreat. I release from liability The Host for any cause whatsoever including those arising out of, or in any way connected to or occasioned by the negligence of the releasees.
PHYSICAL TRAINING RELEASE OF LIABILITY
16. EXPRESS ASSUMPTION OF RISK
I, the undersigned, am aware that there are significant risks involved in physical training, including but not limited to, the physical training inherent to all pilates exercise activities, and that my participation in any such physical training program carries with it the potential for death, injury, and/or property damage. The risks include, but are not limited to, falls which can result in serious injury or death; injury or death due to negligence on the part of myself, my training partner, or other people around me; injury or death due to improper use or failure of equipment; strains and sprains; those risks caused by terrain, facilities, temperature, weather, condition of athletes, equipment, vehicular traffic, actions of other people including, but not limited to, participants, volunteers, spectators, coaches, and trainers and lack of hydration. These risks are not only inherent to physical training and athletics, but are also present for volunteers and spectators. I am aware that any of these above mentioned risks may result in serious injury or death to myself and or my partner(s). I willingly assume full responsibility for the risks that I am exposing myself to and accept full responsibility for any injury or death that may result from participating, volunteering or watching in any physical training, including this yoga program. I realize that liability may arise from negligence or carelessness by the persons or entities being released, from dangerous or defective equipment or property owned, maintained or controlled by them or because of their possible liability without fault. I acknowledge that I have no physical impairments, injuries, or illnesses that will endanger me or others.
I acknowledge that I am willingly participating in these activities and that I have assumed all risks as described above. In consideration for my being allowed to participate in the activities offered, I, the undersigned hereby release The Host, their principals, teachers, agents, employees, and volunteers from any and all liability, claims, demands, actions or rights of action, which are related to, arise out of, or are in any way connected with my participation in this activity, including those allegedly attributed to the negligent acts or omissions of the above-mentioned parties. This agreement shall be binding upon me, my successors, representatives, heirs, executors, assigns, or transferees. If any portion of this agreement is held invalid, I agree that the remainder of the agreement shall remain in full legal force and effect. If I am signing on behalf of a minor child, I also give full permission for any person connected with the hosting organization to administer first aid deemed necessary, and in case of serious illness or injury, I give permission to call for medical and or surgical care for the child and to transport the child to a medical facility deemed necessary for the well being of the child.
Indemnification: The participant recognizes that there is risk involved in the types of activities offered. Therefore the participant accepts financial responsibility for any injury that the participant may cause either to him/herself or to any other participant due to his/her negligence. Should the above mentioned parties, or anyone acting on their behalf, be required to incur attorney’s fees and costs to enforce this agreement, I agree to reimburse them for such fees and costs. I further agree to indemnify and hold harmless The Host and the hosting organization, their principals, agents, employees, and volunteers from liability for the injury or death of any person(s) and damage to property that may result from my negligent or intentional act or omission while participating in activities offered. This includes but is not limited to parks, recreational areas, playgrounds, areas adjacent to the main building, and/or any area selected for training.
MEDIA
17. PERMISSION FOR CAPTURE AND USE
Media is defined as photography, video, written or verbal testimonial, or any other form of capturing likeness. For valuable consideration received, I grant to The Host the absolute and irrevocable right and unrestricted permission concerning any captured media that she/he has taken or may take of me or in which I may be included with others, to use, reuse, publish, and republish in whole or in part, individually or in connection with other material, in any and all publishing platforms now or hereafter known, including the Internet, and for any purpose whatsoever, specifically including illustration, promotion, art, editorial, advertising, and trade, without restriction as to alteration; and to use my name in connection with any use if she/he so chooses. I release and discharge The Host from any and all claims and demands that may arise out of or in connection with the use of the media, including without limitation any and all claims for libel or violation of any right of publicity or privacy. This authorization and release shall also inure to the benefit of the heirs, legal representatives, licensees, and assigns of Photographer, Videographer, Interviewer, Editor, as well as the person(s) for whom he/she captured the media. I am a legally competent adult and have the right to contract in my own name. I have read this document and fully understand its contents. This release shall be binding upon me and my heirs, legal representatives, and assigns.
WAIVER
18. RELEASE AND WAIVER OF LIABILITY
I hereby agree that I, my assignees, heirs, distributees, guardians, and legal representatives will not make a claim against, sue or attach the property of The Host, their affiliates, teachers, employees, agents or volunteers or any of their affiliated organizations for injury or damage resulting from acts, howsoever caused, by any employee, agent, or contractor, or any of their affiliated organizations, as a result of my participation in The Host’s retreats. I hereby release The Host, and any of their agents or affiliated organizations from all actions, claims or demands that I, my assigns, heirs, distributees, guardians, and legal representatives now have or may hereafter have for injury, damage, or death resulting from my participation in The Host’s retreats. I am medically, physically, emotionally and in all respects fit and able to participate in The Host’s retreats. I agree I will be fully and financially responsible for my own physical condition and well-being during the retreat and will follow the safety precautions and instructions prescribed by The Host.
I acknowledge that The Host may make suggestions from time to time that are intended to help me and my well-being. However, I take ultimate responsibility for my choices and realize that The Host is not a licensed medical provider and that I must consult my doctor. If I experience pain or discomfort during the retreat, I will modify The Host’s instruction to suit my individual needs. I will not hold The Host responsible for any pain or discomfort I experience during or after the retreat. I understand that the activities offered on this retreat are not a substitute for medical care. I understand that The Host is not qualified to perform spinal or skeletal adjustments, diagnose, prescribe, or treat physical or mental illness. By agreeing to the terms outlined here and elsewhere on The Host’s website, I hereby release and discharge my rights and claims for damages or liabilities that may occur as a result of participation in The Host’s retreats.