General Terms and Conditions Coaching & Organizational Consultancy — EmbeddedCoach.nl

1. Definitions
Coach: The user of these general terms and conditions, acting as an independent organizational coach under the name EmbeddedCoach.nl.

Client: The organization, employer, or individual that assigns the task to the Coach.

Coachee: The natural person participating in the coaching or consultancy trajectories (the Client themselves or an employee of the Client).
Trajectory: The agreed series of sessions, workshops, training courses, or the agreed period of structural presence (embedded coaching) within the organization.

2. Applicability
These general terms and conditions apply to all quotations, agreements, trajectories, and services provided by the Coach.
The Client’s own purchasing or general terms and conditions are expressly rejected, unless agreed otherwise in writing in advance.

3. Performance, Personal Responsibility, and Third Parties
The Coach performs the work to the best of their knowledge and ability in accordance with applicable professional standards. There is an obligation of effort; no obligation of result is guaranteed. The Coachee and/or Client remains at all times fully responsible and liable for their own choices, conduct, decisions, and any consequences thereof during or after the Process.

If third parties are engaged for the execution of the assignment, the Coach selects them with due care. The Coach is not liable for shortcomings or errors of these third parties, unless there is demonstrable negligence on the part of the Coach in their selection.

4. Nature of the Relationship (No Employment Relationship)
The agreement between the Coach and the Client is exclusively a contract for services. The parties expressly do not intend to enter into an employment contract within the meaning of Article 7:610 et seq. of the Dutch Civil Code. The Coach organizes the work independently and performs it without a hierarchical relationship.

5. Confidentiality and Privacy
The Coach is bound to strict confidentiality regarding everything discussed with the Coachee during individual coaching sessions. Aggregated signals, trends, and organizational patterns may be shared by the Coach with the Client (HR/Management), provided that this information cannot be traced back to individual persons in any way.

Personal data is processed exclusively in accordance with the General Data Protection Regulation (GDPR) and the Privacy Policy published on the website.

6. Cancellation and Rescheduling
Individual sessions: In the event of cancellation or rescheduling by the Client or Coachee less than 24 hours before the start, the Client owes the full rate.
Programs, Interim Days, and Workshops: In the event of cancellation of larger assignments by the Client, the following applies:
More than 14 days before the start: free of charge.
Between 7 and 14 days before the start: 50% of the agreed rate.
Less than 7 days before the start: 100% of the agreed rate.

7. Rates and Payment
All rates are exclusive of VAT and any travel expenses agreed upon in advance.

The payment term is 14 days after the invoice date. In the event that the payment term is exceeded, the Business Client is immediately and automatically in default, without any further notice of default being required. In that case, the Coach is entitled to charge statutory commercial interest and collection costs and to suspend the work immediately.

8. Intellectual Property
All documents, models, materials, reports, and exercises developed by the Coach remain the intellectual property of the Coach.
The Client and Coachee acquire the sole right to use these materials within their own organization for internal use. Disclosure or reproduction to third parties without the prior written consent of the Coach is not permitted.

9. Liability
The liability of the Coach for damage arising from or related to the execution of the assignment is at all times limited to the amount paid out by the Coach’s liability insurance in the relevant case, plus the amount of the deductible. If the insurance does not pay out for any reason whatsoever, the total liability of the Coach is limited to a maximum of the fee invoiced for the specific sub-aspects of the assignment.

Liability for indirect damage, including consequential damage, lost profits, business interruption, or lost savings, is expressly excluded.

10. Disputes and Complaints
Complaints regarding the performance of the work must be made known to the Coach in writing and with reasons as soon as possible, but no later than 14 days after they arise.

In the event of disputes or complaints, the parties shall always first attempt to reach an amicable solution through mutual consultation.