for Coaching, Trainings, Seminars, Online Courses, Webinars and Programs of the company
NEW EARTH MEDICINE LLC, represented by Alexandra Shvarova, 7901 4 TH ST N, STE 300, ST.
Petersburg, Florida, US 33702, lexy@newearthmedicine.net , www.newearthmedicine.net ,
(hereinafter also referred to as "Provider").
§ 1 Scope
1. The following General Terms and Conditions apply to all legal relationships between the
provider and the participant for participation in coaching, training, seminars, online courses,
webinars and programs, regardless of whether they are individual or group seminars.
2. The contractual partners of the provider are usually called "participants".
3. Changes to these terms and conditions will be notified to the participant in writing.
4. Conflicting or deviating from the terms and conditions of the provider’s general terms and
conditions of the participant are not accepted. Anything else shall only apply if we have
previously agreed to the conflicting general terms and conditions in writing. If contracts are
concluded without reservation in the knowledge of conflicting or deviating terms and
conditions, the general terms and conditions of the provider shall nevertheless apply
exclusively.
5. Coachings within the meaning of this contract are individual coaching sessions between the
provider and a fixed number of participants, in which decisions and problem solutions of the
participants are accompanied. Courses within the meaning of this contract are ready-made
teaching sequences for several participants, which can be offered online or offline. Webinars
are online one-to-one lessons on a specific topic, they can be part of a course, but they can
also stand on their own.
§ 2 Exclusion of medical treatments or therapies
1. All contents, statements and other services of the provider are not medical treatments or
therapies.
2. The content, statements and consulting methods offered cannot replace medical treatment
with the diagnosis or therapy of a doctor, psychiatrist, psychotherapist or alternative
practitioner. All contents, statements and other services of the provider are based purely on
a spiritual, energetic background.
3. The methods and procedures presented and used in the coachings, seminars and trainings on
various topics therefore do not represent a promise of healing.
§ 3 Conclusion of the contract
1. The contract is concluded by personal conclusion, by means of distance communication or on
the website of the provider.
2. As far as offered on the website, the participant can initially place the services in the
shopping cart without obligation and process his details on the conclusion of the purchase.
The participant can correct the services in the shopping cart and his entries at any time by
using the navigation buttons provided. When concluding a contract on the website, the
participant submits a binding contract offer by pressing the order button on the website. The
contract is then concluded by the confirmation e-mail of the provider, in which the
participant also finds these GTC and the cancellation policy attached in text form. If the
participant does not receive this e-mail, the acceptance of the contract by the provider lies at
the latest in the debiting of the payment to the participant (e.B. in the case of instant
transfer, credit card or PayPal) or the possibility of participation in the service (depending on
which earlier).
3. The contract language is German or English.
4. A written contract is stored by the provider, but a contract can also be concluded verbally or
in text form (e.B. by e-mail). Contracts on the website are not stored by the provider.
§ 4 Withdrawal from the contract
1. The provider is entitled to withdraw from the contract for the service, no reason is required
for the refusal of the participant's participation.
2. In particular, the provider is entitled to postpone agreed dates within a reasonable time in
the event of force majeure. This also includes performance obstacles of the respective coach
that have arisen due to illness, accident or the like. The provider makes every effort to
propose an alternative date as soon as possible.
3. In the case of group seminars, the applicant is entitled to withdraw from the contract for
good cause and notwithstanding other reasons, in particular if the minimum number of
participants is not reached, the event must be cancelled for reasons for which the provider is
not responsible or cooperation is no longer reasonable due to the behavior of a participant.
4. The participant is not entitled to withdraw from the contract. A refund of payments already
made cannot be demanded by the participant.
§ 5 General Conditions of Participation
1. If a participant disturbs a coaching, training or seminar sustainably and regardless of a
warning or if he behaves to a considerable extent contrary to good morals and a smooth
running of a coaching, a training or a seminar can therefore no longer be guaranteed, the
provider reserves the right to exclude the participant from the event.
2. Even after exclusion in accordance with Section 1 above, the Provider shall invoice the
agreed participation fee. The participant is free to prove a lower effort.
§ 6 Duration of contract and remuneration, payment and default
1. The contract begins and ends at the specificand individually agreed time.
2. The amount of the participation fee for the services of the provider results from the
individually concluded contract.
3. Unless expressly agreed otherwise, all prices include VAT.
4. The payment of the participant on an invoice is due immediately. The participant is informed
that he will be in default no later than 14 days after receipt of the invoice if the invoice
amount has not been paid in full by then.
5. The following payment methods are available to the participant for the services offered
online:
(a) PayPal, here the payment is made via the way that the participant has agreed with
PayPal, more details can be found in the terms and conditions of PayPal.
(b) Stripe and credit card, here the charge is made after acceptance of the contract offer
by the provider.
(c) Bank transfer to the account in the US or EU
(d) Advance payment, here the provider gives the participant his bank details.
6. If fees arise for a return debit note by the participant, the participant must bear them insofar
as he was responsible for the return debit note, i.e. it was not entitled. Insofar as one or
more reminders become necessary due to a delay in payment by the participant, the
provider, if the participant is not a consumer, is entitled to payment of a lump sum of € 40
per reminder within the meaning of §§ 288 (5) BGB. This also applies if the payment claim is
an advance payment or other installment payment. If the participant is a consumer, the
provider may demand appropriate compensation for reminders in the event of default.
7. The Provider is entitled to check the payment of the remuneration by the Participant before
performing a service and, if necessary, to have proof of successful payment submitted to the
Provider. If the participant does not provide this proof, the provider can demand the
remuneration from the participant in cash immediately before the service is provided (any
double payment will of course be refunded) or refuse the participant participation in the
service in the event of non-payment.
§ 7 Services of the Provider
1. The services of the provider result in detail from the respective offer.
2. The coaching includes suggestions and motivations for insights, behavior or experience of
the participant. To this end, the coach sets impulses and, together with the participant,
reflects on the processes initiated by this in the participant. Coaching is not a concrete
consultation or even the guidance of the client in certain decisions. The coaching is therefore
dependent on an active and open participation and reflection on the part of the participant.
3. The illustration and description of the service and the place of performance on the website of
the provider are for illustration purposes only and are only approximate information. A
guarantee for the complete compliance with the information provided in the context of the
execution of the contractual relationship is not assumed.
4. The provider is entitled to make adjustments to the content or the course of the service for
technical reasons, for example if there is a need for an update or further development of the
content, provided that this does not result in a significant change in the purpose of the
contract and the change is reasonable for the participant.
5. For courses, webinars or seminars, the provider is entitled to replace the announced
speaker/coach with an equally qualified speaker/coach, if this should be necessary for health
or other reasons due to the inability of the speaker/coach.
6. The provider is entitled to change the place and time of the announced service, provided
that the change is communicated to the participant in good time and is reasonable for him.
§ 8 Course of Online events or coaching
1. The provider must hand over the online access and recordings in good time.
2. The instructions of it or its employees must be followed by the participant.
§ 9 Obligations of the participant
1. The participant may only use the services personally and may not make them accessible to
third parties, unless expressly stated otherwise.
2. The participant may not reproduce the contents of the service and/or store it outside the
service of the provider.
3. In the case of online content, the participant receives the access data for the service from
the provider or selects it himself. The purpose of the access data is to exclude the use of the
service by unauthorized persons. If the participant selects such data himself or changes his
access data, he must pay attention to sufficient password security. Short and easy-to-guess
passwords must not be used. These access data must be protected by the participant from
unauthorized access by third parties and changed at regular intervals for security. Digitally,
the participant may only store user names and passwords securely encrypted.
4. If the access data is entered incorrectly several times, access can be blocked to protect the
participant. If the participant is responsible for this blocking, he is liable for the costs and
expenses of the provider incurred by the activation in accordance with the local and
reasonable costs.
5. The participant is obliged to inform the provider immediately if the participant becomes
aware that third parties have access to his access data or have otherwise gained access to his
service. If the participant does not notify the provider immediately, he is obliged to
compensate the provider for the resulting damage.
6. The coaching takes place on the basis of the preparatory discussions. It is based on
cooperation and mutual trust. The participant is not obliged to accept the coaching or
implementation of the recommendations made. The participant is fully responsible for his
physical and mental health during the coaching. The participant acknowledges that all steps
and measures taken by him in the context of the coaching are within his own area of
responsibility.
7. For each coaching, training or seminar, the participant must inform the provider about
health problems and any illnesses so that this can be taken into account in the best possible
way.
8. In the event of recognizable health problems, the provider is entitled to exclude the
participant concerned from coaching, training or seminar. In this regard, the provider
reserves the right to charge the participation fee on a pro rata basis. The participant is free to
prove a lower effort.
9. Coachings, trainings and seminars, especially those outside, are never without a certain
residual risk. Each participant is only insured against an accident and/or a salvage or similar
within the framework of his own accident insurance.
§ 10 Availability of content
1. The use of the service takes place in the case of online content on the Internet and can only
be fully used with a sufficiently fast Internet connection of the participant. Ensuring this is
the responsibility of the participant.
2. The provider strives for the greatest possible availability of the online content. However,
constant availability cannot be guaranteed and also depends on the function of the Internet
infrastructure, over which the provider has no influence.
3. The provider is entitled to temporarily restrict or completely block the use of the online
content, in particular for maintenance, care and improvement as well as for other reasons
necessary for the operation of the provider. The provider will take into account the average
needs of the participants as far as possible (e.B. when determining maintenance times). In
the event of urgent faults, the provider is also entitled to rectify errors during normal
business hours.
4. The Provider shall not be liable for force majeure or operational disruptions occurring at the
Provider or the Provider's subcontractors, e.B. due to riots, strikes, pandemics, epidemics,
lockouts, which temporarily prevent the Provider from providing the services through no
fault of its own. Furthermore, the provider is not liable for data loss or unavailability that
could have been easily prevented by suitable precautions of the participant in accordance
with the rules of technology and self-provision.
5. If the Provider is unable to provide services due to force majeure, the Provider's obligation to
provide services shall be suspended as long as the impediment to performance continues.
§ 11 Prevention of the participant
1. If the participant withdraws from the services or refuses to participate for any other reason,
the participant must pay the agreed remuneration.
2. The participant is entitled to appoint a substitute participant instead of him. In this case, a
processing fee will be charged by the provider, which must be paid by the participant before
the event is held. The provider is not obliged to admit a substitute participant.
§ 12 Copyright and industrial property rights
1. All service documents of the provider are protected by copyright. This applies to content of
the provider on its website, lectures, presentations, scripts and other performance
documents. The participant is not entitled to reproduce, distribute or publicly reproduce such
documents. They may only be used for personal use. The duplication, transfer or other use of
the interpreted documents is only permitted with the express written consent of the
provider.
2. The participant is obliged to keep all protected course content secret and not to disclose it to
third parties. The participant is prohibited from using the protected course content for
purposes other than his own information. In particular, the recipient of the information is
prohibited from using the information for competitive purposes or for his own other
purposes.
3. The participant is not entitled to make image, film or sound recordings of the service and/or
the coaches without the express permission of the provider.
4. The participant agrees that the provider produces image, film and/or sound recordings of the
courses, webinars or seminars under reproduction of the participant and uses them for
advertising purposes. The participant is entitled to revoke or restrict this consent at any time.
§ 13 Liability of the Provider
1. Coaching is the individual development of methods, behaviors and attitudes and therefore
always depends to a considerable extent on the cooperation of the participant. The provider
cannot guarantee a specific success of the coaching. This applies in particular to any kind of
economic and/or financial success that the participant expects for the future through
coaching.
2. The provider provides coaching, training and seminars to the best of its knowledge and
belief. Warranty claims of the participant are excluded.
3. The statements and recommendations of the provider only prepare the entrepreneurial or
personal decision of the participant. You can not replace them in any case.
4. In the case of coaching held online, the provider is only liable for the proper feeding of the
data into the Internet at its access point. It is not liable if the properly fed data does not
reach the participant in sufficient quality. In particular, the provider is not liable for the
subscriber's reception configuration or errors by network operators.
5. The provider is not liable for the content of external links on the provider's website, in
particular not for advertising information provided by the provider of premises and/or third
party speakers/coaches.
6. The provider is only liable for coaching, training and seminars in cases of intent or gross
negligence in accordance with the applicable statutory provisions. This limitation of liability
also applies to vicarious agents of the provider. In the case of slightly negligent material
breaches of duty, the liability of the provider is limited to the foreseeable, contract-typical,
direct damages. The limitation of liability does not apply to damages resulting from injury to
life, limb or health that are based on a negligent or intentional breach of duty by the provider
or a legal representative or vicarious agent of the provider. Furthermore, the limitation of
liability does not apply to damages that are based on the violation of a so-called cardinal
obligation (i.e. a contractual obligation that makes the proper execution of the contract
possible in the first place and on the fulfillment of which the participant regularly trusts and
may rely).
7. The provision of the preceding paragraph (6) extends to damages in addition to performance,
damages in lieu of performance and claims for compensation due to futile expenses,
regardless of the legal grounds, including liability for defects, delay or impossibility.
§ 14 Data protection
1. The provider draws attention to the fact that it must ask the participant for the full name and
personal contact details when registering for coaching, training or seminars. Otherwise, the
contract cannot be executed.
2. The registration data is stored electronically exclusively for internal purposes and is subject
to the provisions of the applicable data protection laws. The storage and use of personal data
takes place exclusively for the purpose of executing the contract and to send the participant
programs and information on the provider's range of services.
3. By registering, the participant agrees to the processing and storage of his data. The consent
can be revoked at any time with effect for the future.
§ 15 Form of declarations
Genuinely relevant declarations and advertisements that the participant has to submit to the
provider must be made in writing.
§ 16 Place of performance, choice of law, place of jurisdiction, mediation
1. Unless otherwise stated in the individually concluded contract, the place of performance and
payment is the registered office of the provider.
2. The law of the Federal Republic of Germany shall apply.
3. The exclusive place of jurisdiction for contracts with merchants, legal entities under local law
or the special fund under public law is the Regional Court of Frankfurt am Main in the Federal
Republic of Germany.
4. Before conducting legal proceedings, the parties are obliged to attempt to resolve disputes
through mediation. To this end, the parties will agree on a mediator, in particular by
choosing providers who, if available, offer international mediation. If an agreement is not
reached between the parties on a mediator, this is binding for the parties to be determined
by the President of the Frankfurt am Main Bar Association.
5. The EU Commission offers the possibility of dispute resolution on an online platform
operated by it. This platform can be found under the external link
http://ec.europa.eu/consumers/odr/ .
6. The provider does not participate in dispute resolution proceedings before consumer
arbitration boards.
§ 17 Severability clause
1. If a provision of these General Terms and Conditions or a provision within the framework of
other agreements is or becomes invalid, this shall not affect the validity of all other
provisions or agreements.
2. Agreements negotiated by way of derogation are only valid if they have been angered in
writing.
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