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Terms & conditions

As of: July 2026

Reading aid. This English version is provided for convenience only. The German version is the legally binding text.

Preamble

These general terms and conditions govern the contractual relationship between ASCENSUS, owner Patrick Spengler, Buber-Neumann-Weg 32, 60439 Frankfurt am Main, Germany (hereinafter “ASCENSUS”), and its clients.

ASCENSUS offers specialised services in nutrition counselling and running coaching, aimed at sustainable performance and the individual development of its clients. Our way of working is characterised by professionalism, a scientific foundation and partnership-based support at eye level.

I. Definitions

ASCENSUS: The service provider, represented by Patrick Spengler, who provides professional coaching services in the fields of nutrition and exercise.

Client: The person or organisation that uses coaching services from ASCENSUS. Consumers are natural persons who use the services for private purposes (§ 13 BGB, German Civil Code). Business partners are entrepreneurs (§ 14 BGB) who obtain the services in the course of their commercial or professional activity. The client is the contractual partner of ASCENSUS.

Digital acceptance: Consent to a contract by electronic means of communication (e.g. email, online forms or digital signatures). It is legally effective if receipt can be proven (§ 130 BGB).

II. Further information on the conclusion of the contract

  1. The contract is concluded by written or digital acceptance of the offer.
  2. These terms and conditions are validly incorporated if ASCENSUS expressly refers to them when the contract is concluded and the client has access to them (§ 305 (2) BGB).

§ 1 Subject matter of the contract

  1. The subject matter of the contract is individual counselling and/or support of the clients within the agreed coaching service.
  2. For the sale of goods, our terms and conditions for the online shop apply in addition.

§ 2 Scope of services

  1. Coach and client jointly set goals for the collaboration.
  2. The service of ASCENSUS consists of supporting the client in reaching these goals.
  3. ASCENSUS does not guarantee that the goals will actually be achieved.
  4. When preparing documents that serve to achieve the agreed goals – for example a training plan – the service of ASCENSUS consists of contributing the expertise needed to shape the content.
  5. Materials and documents provided by ASCENSUS to the client are protected by the copyright of ASCENSUS and are intended for limited use during the term of the contract only.
  6. The client is prohibited from reproducing and distributing this content unless further arrangements have been made between ASCENSUS and the client.
  7. Unless otherwise agreed, the service may only be used by the client personally.

§ 3 Start of services

  1. The start of services is generally set in the offer between ASCENSUS and the client.
  2. The client can expressly request that ASCENSUS start providing the service early. Any effects on the right of withdrawal can be found in the information on the right of withdrawal.

§ 4 Payment terms

  1. Outstanding payments from the client to ASCENSUS are due immediately without deduction.
  2. If the client is in default of payment, ASCENSUS reserves the right to suspend further services.
  3. If the invoice amount has not been credited within the stated payment term, ASCENSUS is entitled to charge default interest of 5 % p.a. above the applicable base interest rate (§ 288 BGB).

§ 5 Right of withdrawal for consumers only

  1. ASCENSUS grants a right of withdrawal only to those clients who are also entitled to it by law.
  2. Further details can be found in the information on the right of withdrawal.

§ 6 Exclusion of liability

  1. ASCENSUS is not liable for damage to health or injuries arising in the course of using the service, unless these are attributable to gross negligence or intent.
  2. The client is obliged to disclose any existing health restrictions before the contract is concluded.
  3. The client is obliged to inform ASCENSUS promptly, by email or in another text form, of any malaise, damage to health or injuries during the service period.
  4. The report must include a statement of the facts with information on:
    • Place
    • Time
    • Description of the injury
    • Cause
  5. If no report of the injury is made, it is to be assumed that it is not connected with the contractual relationship with ASCENSUS.
  6. A report must be made without delay after the injury occurs.

§ 7 Online coaching

  1. ASCENSUS is not liable for technical disruptions caused by third parties (e.g. video platforms).
  2. Alternative appointments are to be offered in the event of connection interruptions of more than 15 minutes, unless the disruption was caused by the client.
  3. The client is responsible for ensuring a stable internet connection.
  4. Technical disruptions on the client’s side must be reported to ASCENSUS as soon as possible; otherwise an alternative appointment can generally not be offered.

§ 8 Amendments to the contract

  1. Amendments require text form and confirmation by both contracting parties; verbal side agreements are ineffective (§§ 125 et seq. BGB).

§ 9 Governing law

The law at the registered seat of ASCENSUS applies.

§ 10 Place of jurisdiction

The place of jurisdiction at the registered seat of ASCENSUS is agreed.

§ 11 Severability clause

Should individual provisions of this contract be or become invalid or unenforceable, whether at or after the conclusion of the contract, the validity of the remainder of the contract shall not be affected.

The statutory provisions shall replace the invalid or unenforceable provision. The same applies if the contract proves to be incomplete.

§ 12 Force majeure

  1. Definition: Force majeure exists when an external, unforeseeable and unavoidable event makes the provision of the contractual service impossible or unreasonably difficult. Such an event cannot be prevented even by the utmost reasonable care. This includes in particular, but not exclusively:
    • Natural disasters (e.g. floods, earthquakes, pandemics, epidemics)
    • War, terrorist attacks or serious unrest
    • Widespread failures of critical infrastructure (e.g. power, data or transport networks)
    • Statutory or official orders (e.g. lockdowns, quarantine measures) not based on fault of the party concerned
  2. Legal consequences: Should one of the contracting parties be prevented by force majeure from fulfilling its contractual obligations, that party is released from its obligations to perform for the duration of the obstacle and a reasonable restart period. The party concerned is obliged to inform the other party without delay of the occurrence of the event and its expected duration.
  3. Consideration: The client’s obligation to pay for the services affected by the release from performance lapses. Payments already made in advance for services that cannot be provided due to force majeure will be refunded to the client proportionately. Any claims for damages arising from delay or non-performance are excluded in these cases.

§ 13 Supplementary clauses for contracts with businesses

  1. Only the terms and conditions of ASCENSUS apply. Conflicting, deviating or supplementary general terms and conditions of the client are hereby expressly rejected. They do not become part of the contract.
  2. These terms and conditions also apply exclusively if ASCENSUS is aware of conflicting or deviating terms of the client.