Terms and Conditions
1. Scope and Application of General Terms and Conditions
The One Coaching & Matchmaking by Kelly Brändli (“The One”), is a trademark of MTS Talent Services GmbH, currently domiciled in Wetzikon, Switzerland, offers its services in connection with
a. Personal Coaching services to facilitate your achievement of specific, agreed upon goals through a series of regular meetings and conversations (“Coaching”); and
b. Various consulting services, which may include but are not limited to image consulting, mock dates, date preparation and extensive date feedback sessions (“Consulting”).
These general terms and conditions (“General Conditions”) govern all services provided by THE ONE. They form part of any coaching or consulting contract and automatically come into force upon entering into such contract. They remain in force during the full duration of the coaching or consulting membership, and they may only be supplemented or amended by means of an express written agreement between THE ONE and THE ONE’s client (“Client”).
Services refer to (i) all instructions given to and accepted by THE ONE regarding Coaching services for the Client, (ii) any Consulting services expressly requested by the Client.
THE ONE and the Client (“Parties”) will agree on the specific conditions of a coaching assignment by individual written agreement (“Coaching Agreement”) of which these General Terms form an integral part. In the event of conflicting provisions, the terms and conditions agreed upon in the Coaching Agreement shall prevail.
It is understood between the Parties that the present General Conditions do not give the Client any exclusive rights, and that THE ONE is, at all times, free to provide its services to any other client(s).
Your use of our services is solely at your own risk and we do not accept any liability for loss, damage, claim or expense, whether direct or indirect and however caused, arising out of your membership and/or your use of our services or based upon the reliance of information provided by us. All warranties in respect to our services and/or information, whether expressed or implied are excluded.
2. Confidentiality
All relations with THE ONE are strictly confidential. The Client must treat all information obtained both during and after the end of the contractual relationship which was required for the execution of the services and which relates to THE ONE, its staff and/or members, as confidential and must not pass it on to any unauthorised third parties unless required by Swiss law.
THE ONE will treat all information and documentation relating to Clients as strictly confidential and will not pass on any information to third parties without your prior written consent. This does not apply to information that THE ONE is legally required to submit to public authorities.
3. Data Protection
To be able to provide the Services under this Coaching Agreement, THE ONE needs to obtain, some personal information about the Client. This includes but is not limited to the Client’s name, birthdate, contact details as well as information about Client’s health, background, and intimate life. Coach is committed to safeguard Client’s personal information, and will not sell or lease Client’s personal information to third parties. Where required, the Coach will ask explicit permission from the Client to collect and process certain sensitive personal information. Please refer to our current Privacy Policy (https://kellybrandli.com/privacy-policy) for more details about the collection and processing of your personal information.
4. Coaching
4.1 Services provided by THE ONE
Together with the Client, THE ONE determines the relevant needs of the Client and develops on this basis a coaching plan and time schedule together with the Client.
4.2 Coaching Methods
You acknowledge that the coaching sessions may be personally, emotionally and physically challenging and that there may be occasions when you feel strong emotions such as sadness, frustration, annoyance and stress as a result of topics discussed. You agree to make all efforts and adjustments to your schedule to ensure you are at your peak physical, mental and emotional state and condition necessary for the conduct of the Session and if necessary will take the steps required to cancel or reschedule a Session in the event that you are not well enough to actively participate.
You will not hold THE ONE or any of it’s Coaches liable for any loss or cost incurred by you (or any person related to you) in the event of mental, physical, emotional stress or distress (or any other ailment or condition) caused either directly or indirectly in relation to the Coaching Session. You shall indemnify THE ONE and it’s Coaches in the event of any such claim.
4.3 Delivery of Sessions
Sessions may be carried out over the phone, video conferencing (Zoom, Skype, Whatsapp or similar) or in person at a mutually agreed place and time during the duration of the agreement.
4.4 Duration of Sessions
Sessions typically take place on a weekly basis and last 50-60 minutes (private and group sessions). You must be on time for your session, whether these take place in person, on video conference or over the phone. Failure to be on time for a session will result in a shortened session duration or cancellation.
4.5 Rescheduling Private Coaching Sessions
In order to reschedule a session at no cost, you must give a minimum of 24 hours notice. Sessions cancelled less that 24 hours in advance will be charged at 100% of the cost. If you cancel more than three sessions during the period of the agreement, THE ONE reserves the right to terminate the Coaching Agreement on notice to you in accordance with the provisions of termination.
If THE ONE is required to cancel a Session, then the Session will be rescheduled at a mutually agreeable time.
4.6 Rescheduling Group Coaching Sessions
Group coaching sessions take place at fixed dates and times and therefore it is not possible to reschedule a session. If you are unable to attend a session for whatever reason, a video recording of the session will be made available to you.
4.7 Contract Hold
For private coaching clients on an annual coaching contract, under specific circumstances you have the right to temporarily put your Contract on hold and to extend the contract duration. It is at the company’s sole discretion to place your contract on hold for a maximum of 12 months from the date of notification under the following circumstances:
· You have experienced the onset or exacerbation of a serious medical condition
· You have suffered a serious injury
· You have experienced the death of a loved one living in the same home as you
4.8 Engagement of Coach
THE ONE agrees to provide Coaching to you during the duration of the agreement at the mutually agreed times and places. The Coaches of THE ONE will use their best endeavours to remain available during the duration of the Coaching Agreement. It may however be at the discretion of the primary Coach to refer you to another Coach within THE ONE or a certified Psychologist or Therapist either within THE ONE or externally as deemed necessary. You will of course be given the opportunity to meet and agree with the alternative Coach or Therapist should the situation arise.
4.9 Coach Training and Certification
THE ONE warrants that all Coaches have obtained dedicated Coaching Certification either as a Science Based Dating and Relationship Coach through the Matchmaking Institute, an ICF Qualified and accredited institution, or the Robbins-Madanes Training Center for Strategic Intervention. For details on qualifications and experience please speak to your individual Coach directly.
4.10 No Warranties
Coaching is an individualized process requiring engagement, dedication and commitment from the individual Client. THE ONE therefore makes no representation or warranty to you that any of the Coaching methods and techniques will work for your particular circumstances. You will therefore not hold THE ONE responsible for failure (in whole or part) to achieve any of your goals.
4.11 Group Coaching Sessions - Zoom Recordings
Please be aware that our Zoom sessions are recorded for the convenience of members of the group who cannot attend live, as well as to allow all attendees to review the content later. These recordings are stored securely on the platform and are only accessible by the participants enrolled in our programs. We may also share these recordings with our service provider based outside of Switzerland and the EU for specific administrative purposes. We take appropriate measures to protect your privacy and ensure secure handling of these recordings.
By participating in these sessions, you consent to the recording and sharing of the session.
If you wish to have a specific part of your contribution removed from the recording, please contact us within 24 hours of the session's conclusion to request its removal. After this period, the recorded data will be processed and used as outlined above
4.12 Intellectual Property Rights
You have no right to use, reproduce or distribute any of the presentations, processes, techniques, tools, methodologies, precedents and materials used by THE ONE and it’s Coaches during the Coaching Sessions (“Materials”). You must not at any time use or reproduce any Materials in any manner, shape or form, without the explicit and written consent of THE ONE. The exception is your own personal use as required to carry out the Coaching process.
4.13 Termination of Contracts
Your contract with THE ONE will commence on the date payment in full is received. As a general rule, coaching programs are non-refundable.
Under mutual agreement and specific extenuating circumstances (i.e. illness, accident or death of a close relative) coaching Agreements may be terminated by either Party at any time with immediate effect, subject to Art. 404(2) of the Swiss Code of Obligations. In accordance with the following payment schedule, you may be entitled to a partial refund of your Coaching membership fee. Any fees for services already delivered up to the date of termination will be deducted from any refund.
For example, if you have purchased an individual 12 session package but choose to cancel for whatever reason after 4 sessions, the Relationship Ready Assessment 450 CHF plus 4 x 650 CHF = 3’050 CHF will be deducted from the original purchase price. For the group coaching program, access to the video learning platform has a non-refundable access fee of 1’000 CHF + the cost of the Relationship Ready Assessment and the number of group sessions attended prior to cancellation.
Self-learning programs are non-refundable once the Learning Platform has been accessed.
THE ONE Coaching Standard Service Fees
Rate
Relationship Ready Assessment 450 CHF
Individual Coaching Session 50-60 minutes 650 CHF
Group Coaching Video access fee (non-refundable) 1’000 CHF
Group Coaching Session 60 minutes 150 CHF
Consulting Services (non-refundable) Individually priced
4.14 Refund Payment
If entitled to a refund, THE ONE will reimburse you without delay, and no later that 14 days after receipt of your decision to cancel the contract. We will make the refund using the same means of payment used for the initial transaction unless you have expressly agreed otherwise. All charges and fees incurred for the reimbursement will be born by the Client unless THE ONE terminated the Agreement for reasons not listed above.
4.15 Non-Refundable Deposit
In the event the Client decides to enroll in the coaching program and the Parties mutually agree, the Client shall pay a non-refundable deposit of 500 Swiss Francs ("Deposit") to reserve a spot in the program. This Deposit covers administrative costs related to onboarding of the Client.
Deposit shall be credited towards the total cost of the program. After payment of the Deposit, the Client shall pay the remaining amount as per the payment schedule agreed upon by the Parties.
If the Client cancels their enrollment in the program after signing of Coaching Agreement but before full payment of the total program cost, the Client will still remain liable for payment of the entire cost, notwithstanding the earlier payment of the Deposit.
5. General
5.1 Office hours
In general our office hours are Monday to Friday from 09:00 to 17:00 CET. Client questions and support will be provided during office hours and only in exceptional cases outside these hours. THE ONE reserves the right to terminate the Coaching Agreement on notice to you in accordance with the provisions of termination should you fail to respect the working hours such as through excessive texting and repeated telephone calls on evenings and weekends.
5.2 Complaints
If you have any questions or complaints about our services, please contact us directly. You can do so by calling us during regular business hours Monday to Friday 09:00 -17:00 CET on +41 79 333 3924, or in writing to: The One Coaching & Matchmaking: kelly@kellybrandli.com.
5.3 Conflict of Interest
THE ONE represents that it has advised the Client in writing prior to the date of signing this contract of any relationship of THE ONE or it’s employees which would present a conflict of interest with the services rendered, or which would prevent THE ONE from carrying out the terms of this contract or which would present a significant opportunity for the disclosure of confidential or personal information.
THE ONE will advise the Client of any such relationships that arise during the term of this contract. The Client will then have the option to terminate this contract forthwith without further liability to THE ONE, except to pay for services actually rendered by the point of time of such notice.
5.4 Exclusion of THE ONE’s Liability
The Parties agree that THE ONE shall not be liable for any damage sustained by the Client deriving from any of the company’s employees or agent’s acts and/or omissions damaging the Client, including but not limited to any of the Client’s immovable or movable property, such as fixtures, material or machines. (Art. 55 and 101 of the Swiss Code of Obligations).
5.5 Reimbursement of Expenses
All travel costs, out-of-pocket expenses and other expenses incurred by THE ONE employees in connection with Coaching Agreements and paid by THE ONE, shall be reimbursed to THE ONE at cost plus a 5% administrative fee, plus applicable VAT, upon presentation of the original receipts to the Client.
5.6 Payment Term and VAT
The price payable for services provided by THE ONE will be outlined in your Coaching Agreement. Services will commence upon receipt of payment. We accept no liability for services, which are delayed as a result of your payment not being received, or being only partially received.
All services provided by THE ONE are subject to the Swiss Federal Act on Value Added Tax (SR 641.20). Therefore, the applicable rate of VAT will be included in all amounts invoiced by THE ONE, excluding invoices to clients located outside of Switzerland.
All invoices are payable in full upon receipt, without any deductions to be made.
If THE ONE does not obtain full payment for the services from you, we reserve the right to refuse the delivery of services and/or suspend services until payment is made. This does not affect any other rights of THE ONE.
5.7 Applicable Law and Jurisdiction
This agreement shall be governed by, and construed in accordance with the substantive laws of Switzerland.