General Terms and Conditions

1.1

These General Terms and Conditions ("GTC") govern all business relationships between Alexander Zalana, sole proprietor of Zalana Mentaltraining, Am Steinbach 35, 84544 Aschau a. Inn, Germany ("Provider," "we," "us," or "our") and the client ("Client," "you," or "your"), whether the Client is acting as a consumer within the meaning of Section 13 of the German Civil Code (BGB) or as an entrepreneur within the meaning of Section 14 BGB.

1.2

These GTC apply to all contracts for the provision of mental training services, including but not limited to individual high-ticket coaching programs, group workshops, corporate training engagements, and all ancillary services offered by the Provider (collectively, the "Services"). The Services are offered to both business clients (B2B) and private individuals (B2C).

1.3

Deviating, conflicting, or supplementary terms and conditions of the Client do not form part of the contract, even if the Provider does not expressly object to them. These GTC apply exclusively, unless the parties have expressly agreed otherwise in writing.

1.4

These GTC apply in their version current at the time of the conclusion of the contract. They are available for download and printing on our Website at zalana-mentaltraining.de.

2.1 Mental Training Services

The Provider offers premium mental training services focused on performance restoration, mental resilience, focus enhancement, stress management, and peak performance optimization for executives, leaders, entrepreneurs, and high-performing professionals ("Mental Training"). The Provider's proprietary methodology, the Technique for Mental Transformation ("TMT"), forms the core framework of the Services.

2.2 Important Medical and Therapeutic Disclaimer

The Services provided by Zalana Mentaltraining are expressly NOT medical treatment, psychotherapy, psychiatric care, clinical psychology, or any form of regulated healthcare service. Alexander Zalana is not a physician, not a psychotherapist, not a psychological psychotherapist, not a healing practitioner, and not any other regulated healthcare provider.

Mental Training as provided by the Provider is a coaching and personal development service. It does not involve:

• The diagnosis, treatment, alleviation, or prevention of diseases, disorders, or medical conditions;
• Psychotherapeutic treatment of mental disorders;
• The prescription or recommendation of medication or medical treatments;
• Any activity subject to licensure under the German Healing Practitioners Act or the Psychotherapy Act.

2.3 No Substitute for Medical or Therapeutic Treatment

The Services are not a substitute for medical, psychiatric, or psychotherapeutic treatment. Clients who are currently undergoing medical or psychotherapeutic treatment, or who believe they may be suffering from a mental health disorder, are expressly advised to consult a qualified physician, psychiatrist, or licensed psychotherapist.

2.4 Client Acknowledgment

By entering into a contract with the Provider, the Client acknowledges and confirms that:

• (a) The Client has read and understood this medical and therapeutic disclaimer;
• (b) The Client understands that the Services constitute coaching and personal development, not medical treatment or psychotherapy;
• (c) The Client understands that Alexander Zalana is not a physician, psychotherapist, or healing practitioner;
• (d) The Client participates in the Services voluntarily and at their own risk;
• (e) The Client will seek independent medical or psychotherapeutic advice if they experience any symptoms that may indicate a medical or mental health condition.

3.1

The presentation of Services on our Website, in brochures, or in other marketing materials constitutes a non-binding invitation to submit an offer (invitatio ad offerendum).

3.2

The Client submits a binding offer by completing and submitting an application, inquiry, or order form, or by expressly accepting a written proposal issued by the Provider. The Client is bound by the offer for a period of fourteen (14) days from the date of submission.

3.3

The contract is concluded when the Provider accepts the Client's offer by sending a written confirmation of acceptance by email or letter.

3.4

The contract language is English or German, as agreed between the parties. In case of discrepancies between an English and a German version, the German version prevails.

5.1 General Duty to Cooperate

The success of mental training depends substantially on the Client's active engagement and cooperation. The Client shall cooperate in good faith and provide the Provider with all information reasonably necessary for the proper performance of the Services.

5.2 Attendance and Punctuality

The Client shall attend all scheduled sessions punctually. If the Client is unable to attend a session, the Client must notify the Provider at least forty-eight (48) hours in advance. Sessions cancelled with less than 48 hours' notice, or no-shows, shall be deemed delivered and are not eligible for rescheduling or refund.

5.3 Active Participation

The Client shall:

• (a) Engage constructively and honestly in all coaching sessions;
• (b) Complete exercises, tasks, and preparatory work assigned by the Provider between sessions;
• (c) Apply the techniques and strategies discussed during sessions to the extent reasonably possible;
• (d) Provide honest and timely feedback regarding the coaching process.

5.4 Duty to Inform

The Client shall promptly inform the Provider of any circumstances that may affect the performance of the Services, including changes in the Client's professional situation and relevant medical or psychological conditions.

5.5 Implementation Responsibility

Where the Provider provides the Client with materials, frameworks, exercises, or recommendations, the Client acknowledges that the implementation and application of such materials is the Client's sole responsibility.

5.6 Consequences of Failure to Cooperate

If the Client fails to fulfill their cooperation obligations, the Provider shall not be liable for any resulting diminution in the quality or effectiveness of the Services. The Client's payment obligations remain unaffected.

6.1 Fee Structure

All fees are quoted in Euros (EUR). For B2B clients, fees are quoted exclusive of statutory VAT. For B2C clients, fees are quoted inclusive of all applicable taxes unless otherwise stated.

6.2 Payment Terms

Unless otherwise agreed in writing:

• (a) Program fee: The full program fee, or an agreed installment, is due upon receipt of the invoice.
• (b) Payment deadline: Invoices are payable within fourteen (14) days of the invoice date.
• (c) Installment payments: Where agreed, each installment is due on the date specified. The obligation to pay all remaining installments is not affected by cancellation after the applicable cancellation period has expired.

6.3 Payment Methods

Payments are processed through Revolut Business or, where applicable, through Digistore24. Bank transfer (SEPA) is accepted for all invoices.

6.4 Late Payment

In the event of default: (a) default interest at nine (9) percentage points above the base rate for B2B clients, or five (5) percentage points above the base rate for B2C clients; (b) the Provider reserves the right to suspend Services until all outstanding amounts have been paid; (c) the Provider reserves the right to claim further damages.

6.5 Set-Off and Retention

The Client may only set off against claims of the Provider if the Client's counterclaims are undisputed or have been established by a final and binding court judgment.

7.1 Statutory Right of Withdrawal for Consumers

7.2 Expiry of the Right of Withdrawal upon Commencement of Services

The right of withdrawal expires if the Provider has begun the performance of the Services with the Client's express prior consent and the Client's acknowledgment that their right of withdrawal is lost upon complete performance. Where the first coaching session has been delivered, the right of withdrawal is extinguished.

7.3 Cancellation after Expiry of the Right of Withdrawal

After the right of withdrawal has expired (in particular after the first coaching session has been delivered), the Client has no right to a refund of fees already paid. The full program fee remains due and payable regardless of whether the Client chooses to attend remaining sessions.

7.4 Cancellation by B2B Clients

B2B clients do not enjoy a statutory right of withdrawal. Cancellation is governed exclusively by the terms of the individual service agreement and these GTC. The full program fee is non-refundable after the first coaching session has been delivered.

7.5 Rescheduling

Individual sessions may be rescheduled by mutual agreement, provided the Client requests rescheduling at least forty-eight (48) hours before the scheduled session.

7.6 Extraordinary Termination

The right of either party to terminate the contract for cause remains unaffected. Cause for extraordinary termination by the Provider includes:

• (a) The Client's failure to make payment despite a written reminder;
• (b) The Client's material or repeated breach of cooperation obligations;
• (c) Abusive, threatening, or disrespectful behavior by the Client;
• (d) The Client's failure to disclose a pre-existing condition that materially affects the suitability of the Services.

10.1 Proprietary TMT Method

The Technique for Mental Transformation (TMT) is a proprietary methodology developed and owned exclusively by Alexander Zalana / Zalana Mentaltraining. All rights, title, and interest in and to the TMT method are and shall remain the exclusive intellectual property of the Provider.

10.2 Provider Materials

All materials provided by the Provider ("Provider Materials") remain the exclusive intellectual property of the Provider. The Client is granted a non-exclusive, non-transferable, revocable license to use the Provider Materials solely for personal or internal business purposes in connection with the coaching engagement.

10.3 Restrictions

The Client shall not:

• (a) Reproduce, distribute, publish, or create derivative works of the Provider Materials without prior written consent;
• (b) Use the TMT method to provide coaching or similar services to third parties;
• (c) Represent or imply that the Client is certified to teach or apply the TMT method;
• (d) Reverse-engineer or attempt to extract the underlying methodology for competing purposes.

10.4 Expiry of License

The license to use the Provider Materials expires upon termination of the contractual relationship, unless otherwise agreed in writing.

10.5 Enforcement

The Provider reserves the right to take all available legal measures to protect its intellectual property rights.