General Terms and Conditions (AGB)
of Nils Enders-Brenner, doing business as “Hartei”
§ 1 Scope and Definitions
1.1 These General Terms and Conditions (“Terms”) govern all contracts between Nils Enders-Brenner, doing business as “Hartei,” Luswiese 6, 82327 Tutzing, Germany (“Coach”) and the contracting party (“Client”) relating to the services and products offered through www.hartei.com.
1.2 These Terms apply to the following services and products:
- Free discovery calls
- Ongoing 1-on-1 fitness coaching
- The Hartei Method – Field Guide (ebook)
- Any future digital products or services offered by the Coach through hartei.com
1.3 The Client’s own general terms and conditions do not apply, even if the Coach does not expressly object to them, unless the Coach has agreed to their applicability in writing.
1.4 Key definitions used throughout these Terms:
- Coach – Nils Enders-Brenner, sole proprietor of the Hartei fitness coaching business.
- Client – Any natural or legal person who enters into a contract with the Coach for services or products.
- Services – All coaching services, discovery calls, digital products, and related deliverables offered by the Coach.
- Agreement – The individual contract between Coach and Client, which includes these Terms as well as any individual arrangements confirmed in writing.
§ 2 Services
2.1 Discovery Call. The Coach offers a free 30-minute video session via Zoom. The discovery call is without obligation. It is not a coaching session and does not constitute the provision of coaching services. Its sole purpose is the mutual assessment of fit between Coach and Client.
2.2 Ongoing 1-on-1 Coaching. The Coach provides personalized fitness coaching delivered remotely. This includes bi-weekly Zoom calls, daily messaging support, video-based form feedback, and tailored training and nutrition guidance. The coaching engagement is a service contract (Dienstvertrag) within the meaning of § 611 BGB. The Coach owes diligent, professional performance of the coaching services. The Coach does not owe any specific result or outcome. Results depend on the Client’s individual effort, consistency, health, and personal circumstances.
2.3 The Hartei Method – Field Guide (Ebook). The Field Guide is a digital product delivered electronically. The purchase price is €
2.4 The Coach reserves the right to adjust methods, tools, and approaches during the engagement based on the Client’s progress, feedback, and evolving needs.
§ 3 Contract Formation
3.1 The presentation of services and products on the website constitutes a non-binding invitation to treat (invitatio ad offerendum), not a binding offer.
3.2 Coaching. The coaching contract is formed when the Coach confirms acceptance in writing (email is sufficient) following a discovery call. The confirmation specifies the start date, the monthly fee, the minimum engagement period, and the scope of services.
3.3 Field Guide. The contract for the Field Guide is formed upon the Client’s completion of the purchase process and successful payment.
3.4 Discovery Call. Booking a discovery call via the Coach’s scheduling tool (TidyCal) constitutes the Client’s offer. The booking confirmation email constitutes acceptance. No payment is required.
§ 4 Pricing and Payment
4.1 Ongoing 1-on-1 coaching starts from €700 per month. The exact price is specified in the individual coaching agreement. All prices stated are final prices (Endpreise). Pursuant to § 19 UStG (small business regulation), no value-added tax (VAT) is charged.
4.2 Coaching fees are due monthly in advance, by the date specified in the individual coaching agreement.
4.3 Payment is made by the method agreed upon individually (e.g., bank transfer or another method specified in the coaching agreement).
4.4 The Field Guide is priced at €27, payable at the time of purchase.
4.5 Late Payment. If payment is more than 14 days overdue, the Coach may suspend services until full payment is received. Statutory default interest applies in accordance with § 288 BGB: 5 percentage points above the base rate for consumers, 9 percentage points above the base rate for businesses.
4.6 Price Adjustments. The Coach may adjust pricing for future engagement periods with at least 30 days’ prior written notice. If the Client does not accept the new pricing, the Client may terminate the agreement effective at the end of the current engagement period.
§ 5 Engagement Period and Termination
5.1 The minimum engagement period for ongoing coaching is 6 months from the agreed start date (“Initial Term”).
5.2 After the Initial Term, the agreement automatically renews on a month-to-month basis.
5.3 During the month-to-month renewal period, either party may terminate the agreement with 30 days’ written notice (email is sufficient) to the end of a calendar month.
5.4 During the Initial Term, ordinary termination (ordentliche Kündigung) is excluded. This is the commitment both sides make to give the coaching engagement a fair chance to work.
5.5 The right to extraordinary termination for good cause (außerordentliche Kündigung aus wichtigem Grund) pursuant to § 314 BGB remains unaffected at all times. Good cause includes, but is not limited to:
- Persistent failure to pay despite a written reminder
- Material breach of confidentiality obligations
- Behavior that makes continued cooperation unreasonable for the other party
- Serious illness or injury that prevents the Client from participating for more than 8 consecutive weeks
5.6 If the Client terminates for extraordinary cause that is not attributable to the Coach, fees already paid for the current month are not refunded. If the Coach terminates for extraordinary cause attributable to the Client, the Client owes payment for the remainder of the current month.
5.7 Any termination must be in text form (Textform); email is sufficient pursuant to § 126b BGB.
§ 6 Right of Withdrawal (Widerrufsrecht) – Consumer Clients
6.1 This section applies exclusively to Clients who are consumers within the meaning of § 13 BGB.
6.2 Cancellation Policy (Widerrufsbelehrung)
Right of Withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period is 14 days from the day the contract was concluded.
To exercise your right of withdrawal, you must inform us:
Nils Enders-Brenner
Hartei
Luswiese 6
82327 Tutzing, Germany
Email: nils@hartei.com
of your decision to withdraw from this contract by means of a clear statement (e.g., an email). You may use the sample withdrawal form below, but it is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.
Effects of Withdrawal
If you withdraw from this contract, we shall reimburse all payments received from you without undue delay and at the latest within 14 days from the day on which we received notification of your withdrawal. We will use the same means of payment you used for the initial transaction; in no event will you be charged any fees as a result of such reimbursement.
If you requested that the services begin during the withdrawal period, you shall pay us a reasonable amount corresponding to the proportion of the services already provided up to the time you informed us of the exercise of the right of withdrawal, in comparison to the full scope of the services provided for in the contract.
6.3 Premature Expiry for Digital Content. The right of withdrawal expires prematurely for digital content (including the Field Guide) if the Client has expressly consented to the Coach beginning delivery before the withdrawal period has expired and has acknowledged that they thereby lose their right of withdrawal (§ 356 Abs. 5 BGB).
6.4 Sample Withdrawal Form (Muster-Widerrufsformular)
To:
Nils Enders-Brenner
Hartei
Luswiese 6
82327 Tutzing, Germany
Email: nils@hartei.comI/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract for the provision of the following service/the purchase of the following goods (*):
_______________________________________________
Ordered on (*) / received on (*):
_______________________________________________
Name of the consumer(s):
_______________________________________________
Address of the consumer(s):
_______________________________________________
Signature of the consumer(s) (only for paper communication):
_______________________________________________
Date:
_______________________________________________
(*) Delete as appropriate.
§ 7 Scheduling, Cancellation, and Missed Sessions
7.1 Zoom calls are scheduled by mutual agreement between Coach and Client.
7.2 Either party may reschedule a session with at least 24 hours’ notice prior to the scheduled start time.
7.3 If the Client misses a session without providing at least 24 hours’ notice, the session is considered used. The Coach is not obligated to provide a replacement session but may do so at their discretion.
7.4 If the Coach misses a session or cancels with less than 24 hours’ notice, a replacement session will be scheduled at the Client’s convenience within 14 days.
7.5 Chronic no-shows – defined as 3 or more missed sessions without notice within any 30-day period – may constitute grounds for extraordinary termination by the Coach.
§ 8 Client Responsibilities
8.1 The Client is responsible for their own health and safety during training. The Client agrees to consult a physician before beginning any exercise program if they have known health conditions, injuries, or medical concerns.
8.2 The Client will communicate honestly and promptly about their physical condition, injuries, limitations, and any changes thereto.
8.3 The Client acknowledges that coaching is not medical advice, physiotherapy, or psychological therapy. The Coach is a certified fitness coach, not a medical professional.
8.4 The Client is responsible for providing accurate contact information and maintaining a working internet connection for Zoom sessions.
§ 9 Health Disclaimer and Assumption of Risk
9.1 Physical exercise carries inherent risks, including but not limited to muscle soreness, sprains, strains, and, in rare cases, more serious injuries.
9.2 The Client acknowledges these risks and participates in all physical activity voluntarily.
9.3 The Coach will design programs appropriate to the Client’s stated fitness level and limitations but cannot guarantee the absence of injury.
9.4 The Client should stop any exercise immediately if they experience pain, dizziness, or unusual discomfort, and inform the Coach as soon as possible.
§ 10 Liability
10.1 The Coach is liable without limitation for damages caused by intent (Vorsatz) or gross negligence (grobe Fahrlässigkeit).
10.2 For simple negligence (einfache Fahrlässigkeit), the Coach is liable only for breach of material contractual obligations (Kardinalpflichten) – obligations whose fulfillment is essential to the proper performance of the contract and on whose compliance the Client regularly relies. In such cases, liability is limited to the foreseeable, typically occurring damage.
10.3 Liability for damages to life, body, or health remains unlimited regardless of the degree of fault.
10.4 The above limitations apply equally to the personal liability of the Coach’s employees, representatives, and vicarious agents.
10.5 The Coach is not liable for damages resulting from the Client’s failure to follow instructions, failure to disclose health conditions, or use of the training program in a manner not prescribed by the Coach.
§ 11 Confidentiality
11.1 Both parties agree to keep confidential all information exchanged during the coaching engagement, including personal data, health information, business information, and coaching content.
11.2 The Coach will not share Client information with third parties unless required by law or with the Client’s express written consent.
11.3 The Client agrees not to share proprietary coaching methods, training plans, or materials provided by the Coach with third parties.
11.4 The confidentiality obligations set out in this section survive the termination of the agreement.
§ 12 Intellectual Property
12.1 All coaching materials, training plans, guides, the Field Guide ebook, and any other content created or provided by the Coach remain the intellectual property of the Coach.
12.2 The Client receives a non-exclusive, non-transferable, personal right to use the materials solely for their own training purposes.
12.3 The Client may not reproduce, distribute, sell, or publicly share any materials without the Coach’s prior written consent.
12.4 Testimonials. The Coach may request the Client’s permission to use anonymized or attributed feedback for marketing purposes. The Client is never obligated to provide a testimonial, and any consent given may be withdrawn at any time.
§ 13 Communication
13.1 Primary communication channels are email (nils@hartei.com), Zoom, and the Client’s chosen messaging platform (WhatsApp, Signal, or iMessage).
13.2 The Coach will respond to messages within 1 business day during business hours (Monday–Friday, 9:00–17:00 CET/CEST), except on German public holidays.
13.3 Important: Due to deafness, the Coach is not available by telephone. All communication is text-based or via video call with live captions.
§ 14 Data Protection
Personal data is processed in accordance with the Coach’s Privacy Policy, available at https://hartei.com/privacy-policy, and in compliance with the General Data Protection Regulation (GDPR), the German Federal Data Protection Act (BDSG), and the Telekommunikation-Digitale-Dienste-Datenschutz-Gesetz (TDDDG).
§ 15 Force Majeure
Neither party is liable for delays or failure to perform obligations under this agreement due to circumstances beyond their reasonable control, including but not limited to natural disasters, pandemics, internet outages, or government actions. The affected party must notify the other party promptly and make reasonable efforts to mitigate the impact.
§ 16 Severability
If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions remain in full force and effect. The invalid or unenforceable provision shall be replaced by a valid provision that most closely reflects the economic intent of the original.
§ 17 Amendments
The Coach may amend these Terms with at least 30 days’ prior written notice. The amended Terms apply to all new contracts from the effective date. For existing contracts, the amended Terms apply only upon the Client’s express acceptance or if the Client does not object within 30 days of notification and the Coach has clearly pointed out the significance of this behavior in the notification.
§ 18 Governing Law and Jurisdiction
18.1 These Terms and all contracts entered into between the Coach and the Client are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
18.2 If the Client is a merchant (Kaufmann), a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from or in connection with these Terms is Tutzing, Germany.
18.3 For Clients who are consumers, the statutory provisions on jurisdiction apply (typically the consumer’s place of residence).
18.4 The European Commission provides a platform for online dispute resolution (ODR): https://ec.europa.eu/consumers/odr. The Coach is neither willing nor obligated to participate in dispute resolution proceedings before a consumer arbitration board pursuant to § 36 VSBG.
§ 19 Final Provisions
19.1 There are no oral side agreements to these Terms. Amendments and supplements must be in text form (Textform, § 126b BGB).
19.2 The original language of these Terms is English. In case of any discrepancy between the English version and any translation, the English version prevails.
19.3 As of: April 2026