Terms & Conditions
1. Scope of Application
These Terms and Conditions apply to all contracts between Lena Alexandra Monser, sole proprietor, trading under the name “beyondblnc” (hereinafter referred to as the “Provider”), and her clients concerning coaching and consulting services, in particular in the areas of nutrition, health, fitness, movement and health-oriented lifestyle.
The services may be used by both consumers and business clients.
For clients whose habitual residence is outside Germany, mandatory statutory provisions, in particular mandatory consumer protection laws of the respective country of residence, remain unaffected.
2. Subject Matter and Scope of Services
The Provider offers individual coaching and consulting services in the areas of nutrition, health, fitness, movement and health-oriented lifestyle.
Depending on the agreed scope of services, these may include in particular:
individual coaching and consultation sessions,
analysis of nutrition, exercise and lifestyle habits,
individual nutrition strategies and nutrition plans,
individual training and exercise recommendations as well as training plans,
evaluations and recommendations for action,
accompanying materials,
regular check-ins, and
depending on the agreed service package, support via email, messenger, video call or other agreed communication channels.
Services may be agreed as individual services or as part of a time-limited coaching package.
The specific content, scope, duration, number of sessions and method of support are set out in the Provider’s individual offer.
Unless expressly agreed otherwise, plans, documents and other digital materials provided form part of the agreed coaching or consulting service.
The Provider does not guarantee any specific health, physical, sporting or other result. Results may vary from person to person and depend, among other things, on the client’s individual circumstances and their own implementation of the recommendations provided.
3. Formation of Contract
Contact through the website, by email, via social media or through another communication channel initially constitutes a non-binding enquiry only.
Based on the enquiry and/or a prior consultation, the Provider will submit an individual offer setting out the essential services, price and, where applicable, duration of the agreement.
A contract is concluded only when the client expressly accepts this offer. Acceptance generally takes place in text form, in particular by email.
Before concluding a contract with a consumer, the Provider will provide the required contractual information, these Terms and Conditions and, where legally required, information regarding the statutory right of withdrawal.
4. Prices and Payment Terms
The applicable prices for the respective services will be communicated to the client in the individual offer before the contract is concluded.
Individual services are generally payable in full before the service begins, unless otherwise agreed in the individual offer.
Coaching packages are generally payable in two instalments, unless otherwise agreed in the individual offer.
The first instalment is due before the coaching begins. The second instalment is due at the time specified in the individual offer. If no different date is specified, the second instalment becomes due halfway through the agreed coaching period.
Unless otherwise agreed, both instalments will be of equal amount.
The Provider is entitled to begin providing services only once the payment due before commencement of the respective service has been received.
The client’s statutory rights, in particular in the event of a valid withdrawal or termination, remain unaffected.
5. Appointments, Cancellations and No-Shows
Appointments are arranged individually between the Provider and the client.
If the client is unable to attend an agreed appointment, the appointment should be cancelled or rescheduled as early as possible and no later than 24 hours before the agreed appointment time.
If an appointment is cancelled less than 24 hours in advance or the client fails to attend, the agreed fee for that appointment may be charged or, in the case of a coaching package, the relevant session may be treated as having been used, provided that the appointment could not reasonably be reassigned at short notice.
Any expenses saved by the Provider as well as any other remuneration actually obtained through use of the released time will be taken into account.
The client remains entitled to demonstrate that no loss, or a substantially lower loss, was incurred.
If the Provider has to cancel an appointment, an alternative appointment will be offered where possible. If the session cannot be rescheduled, any payment already made for the service that was not provided will be reimbursed or appropriately credited within the coaching package.
6. Duration and Termination
For individual services, the contract ends once the agreed service has been fully provided.
The duration of a coaching package is specified in the individual offer. The contract ends automatically upon expiry of the agreed period or once the agreed services have been fully provided.
There is no automatic renewal of the contract, unless expressly agreed otherwise on an individual basis.
Where legally permissible, ordinary termination of a coaching package concluded for a fixed period is excluded during the agreed contractual term.
Statutory termination rights remain unaffected. This includes, in particular, the right to terminate for good cause and any other statutory termination rights that may apply to the respective contractual relationship.
If the contract is validly terminated before completion, the remuneration for services already provided and any amounts to be refunded or otherwise payable will be determined in accordance with the applicable statutory provisions.
7. Distinction from Medical Treatment and Health Requirements
The Provider’s services are intended to provide general nutrition, health, fitness and lifestyle consulting and coaching.
They do not constitute medical, psychotherapeutic or other healthcare treatment and are not a substitute for medical diagnosis, examination or therapy.
In particular, the Provider does not diagnose diseases and does not prescribe medical treatment or therapy.
Adjusting or discontinuing medication or altering treatment prescribed by a physician is not part of the Provider’s services.
The services may generally also be used by persons with existing illnesses, symptoms or health limitations, provided that the specific coaching or consultation does not amount to medical diagnosis or treatment and the person’s health condition permits participation.
Clients with existing illnesses, acute or unexplained symptoms, injuries, pregnancy, relevant medication use or other health-related circumstances should provide the Provider with all information necessary for the safe and appropriate provision of the agreed services.
Where there is uncertainty as to whether a nutrition, training or exercise recommendation is suitable in light of the client’s health condition, appropriate medical or other qualified professional advice should be obtained before implementation.
8. Client Responsibility
The client remains responsible for deciding whether and how to implement information and recommendations provided during the coaching or consultation.
In particular, individual physical responses, symptoms and changes in health status should be taken into account when following nutrition or training plans.
In the event of pain, unusual symptoms, a significant deterioration in health or other health concerns, the relevant activity should be discontinued and appropriate medical advice obtained where necessary.
The client’s personal responsibility does not limit any statutory liability obligations of the Provider.
9. Liability
The Provider shall be liable without limitation for damage caused intentionally or through gross negligence.
The Provider shall also be liable without limitation for damage resulting from injury to life, body or health where such damage is caused by a culpable breach of duty by the Provider.
In the event of a slightly negligent breach of an essential contractual obligation, the Provider’s liability shall be limited to the foreseeable damage typical for the type of contract concerned.
Essential contractual obligations are obligations whose fulfilment is necessary for the proper performance of the contract and on whose fulfilment the client may normally rely.
In all other respects, liability for damage caused by slight negligence is excluded to the extent permitted by law.
In particular, the Provider shall not be liable for damage insofar as such damage results from the client culpably failing to provide relevant information, providing incomplete or incorrect information, or implementing recommendations contrary to express instructions, provided that such circumstances were causally related to the damage incurred.
Mandatory statutory liability provisions remain unaffected.
10. Copyright and Rights of Use
Where copyrighted materials such as nutrition plans, training plans, concepts, texts, graphics, presentations or other materials are provided as part of the coaching or consulting services, all copyright and other intellectual property rights remain with the Provider or the respective rights holder.
Unless otherwise agreed, the client receives a simple, non-transferable right to use the materials solely for personal purposes within the scope of the agreed coaching relationship.
Distribution to third parties, publication, reproduction, commercial use or making the materials publicly accessible is not permitted without the Provider’s prior consent, unless otherwise permitted by law.
11. Data Protection
Personal data is processed in accordance with applicable data protection legislation.
Further information regarding the nature, scope and purposes of the processing of personal data can be found in the Privacy Policy available on this website.
12. Right of Withdrawal for Consumers
Consumers are generally entitled to a statutory right of withdrawal in the case of distance contracts where the applicable legal requirements are met.
Further information concerning the withdrawal period, the exercise of the right of withdrawal and the consequences of withdrawal is provided in the separate Right of Withdrawal notice available on this website.
At the client’s express request, the Provider may begin providing the agreed services before the end of the fourteen-day withdrawal period.
If the client withdraws from the contract after having expressly requested early commencement of the services, the client may, where the applicable statutory requirements are met, be required to pay an appropriate amount for services already provided up to the time of withdrawal.
In the case of a contract for paid services, the right of withdrawal may expire before the end of the fourteen-day period once the agreed service has been fully performed, provided that the client:
expressly agreed that the Provider may begin performance before the expiry of the withdrawal period,
confirmed their awareness that the right of withdrawal will expire once the contract has been fully performed, and
the agreed service has in fact been fully performed.
The client’s statutory rights of withdrawal otherwise remain unaffected.
13. Applicable Law
The laws of the Federal Republic of Germany shall apply, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
For consumers, this choice of law applies only insofar as it does not deprive them of the protection afforded by mandatory provisions of the country in which they have their habitual residence.
14. Jurisdiction
For consumers, the statutory rules regarding jurisdiction apply.
If the client is a merchant, a legal entity under public law or a special fund under public law, and an agreement on jurisdiction is legally permissible, the Provider’s place of business shall be the place of jurisdiction.
15. Final Provisions
Individual agreements made between the Provider and the client take precedence over these Terms and Conditions.
If any provision of these Terms and Conditions is or becomes wholly or partially invalid or unenforceable, the validity of the remaining provisions shall remain unaffected.
The applicable statutory provisions shall apply in place of any invalid or unenforceable provision.