Last updated: [To be completed]
These Terms and Conditions, hereinafter referred to as the “Terms and Conditions”, define the general conditions applicable to the services provided by Vincent FAVRE, hereinafter referred to as the “Service Provider”.
They apply in particular to mental and performance coaching services, consulting services, individual or private group coaching programmes, workshops, and other intellectual services falling within the scope of the Service Provider’s activities.
They may apply to both consumer Clients and professional Clients, in France and internationally, subject to any mandatory legal provisions that may apply.
Depending on the service concerned, these Terms and Conditions may be supplemented by a contract, quotation, registration terms, commercial proposal or any other document setting out the specific terms agreed with the Client.
In the event of any conflict between these Terms and Conditions and any specific terms validly agreed between the Parties, the specific terms shall prevail with respect to the service concerned.
Any subsequent amendment accepted by the Parties shall form an integral part of the contract to which it relates.
Vincent FAVRE
Sole trader
Mental Coach — Performance Consultant
SIREN / SIRET : [À COMPLÉTER]
Business address: [À COMPLÉTER]
Email: [À COMPLÉTER]
Phone: [À COMPLÉTER, LE CAS ÉCHÉANT]
The services provided may include, in particular, coaching, consulting, facilitation, individual or group reflection, knowledge sharing, as well as tools or methods offered, designed or selected by the Service Provider.
In his capacity as a coach, the Service Provider supports the Client or Participants in their reflection, ability to gain perspective, identification of their resources, development of their autonomy and construction of their own solutions.
In his capacity as a consultant, the Service Provider may provide observations, recommendations, proposals, tools, methods or insights based on his experience and expertise.
Where relevant, any change of role is made identifiable.
The services are provided on a best-efforts basis and do not constitute an obligation to achieve a specific result.The Service Provider does not guarantee any specific individual or collective outcome.
The services do not constitute, in particular, medical or psychotherapeutic services, nor legal, tax or financial advice.
Any individual contracting directly with the Service Provider declares that they have reached the age of majority applicable to their situation and have the legal capacity required to enter into a contract.
Where a Client acts on behalf of a legal entity, the person representing the Client declares that they have the necessary authority to bind that entity.
The essential characteristics of the service, its price or the method used to determine it, its main terms of performance and any information required by law are provided to the Client before the Client enters into any commitment.
Depending on the service concerned, the commitment may be formalised in particular by signing a contract, accepting a quotation or commercial proposal, accepting registration terms, or through any written exchange clearly establishing the Parties’ agreement.
These Terms and Conditions are made available to the Client before the Client enters into any commitment and must be accepted where they apply to the contractual relationship.
The Client is encouraged to retain the Terms and Conditions applicable to their engagement, together with any contractual documents, confirmations and invoices sent to them.
The applicable price is the price communicated to the Client before the Client enters into any commitment, in particular on the website, in a contract, quotation, registration terms or commercial proposal.
Where the price cannot be determined in advance, particularly for a bespoke service or Workshop, the price or the method used to determine it shall be communicated to the Client before the Client enters into any commitment.
Where an in-person service requires the Service Provider to travel, specific pricing may apply, provided that such pricing is communicated to and accepted by the Client before the Client enters into any commitment.
Services may be invoiced in euros (EUR) and, where accepted by the Service Provider, in another currency, including USD, CHF or GBP.
Where a price is agreed in a foreign currency, the final price shall be the price communicated to and accepted by the Client. Where necessary, the exchange-rate reference used shall be communicated transparently.
The applicable VAT treatment shall be indicated on invoices in accordance with the Service Provider’s tax status at the time they are issued.
Payment terms depend on the service concerned and are specified in the applicable specific terms.
Unless expressly agreed otherwise, payments shall be made by bank transfer to the account indicated on the invoice.
For individual coaching programmes comprising several sessions, payment may be made either in full or progressively in accordance with the agreed terms. Where progressive payment is agreed, sessions scheduled during a given month must be paid for before the first paid session of that month.
For private group coaching programmes, each Participant shall pay their respective share in accordance with the terms of the contract. Specific rules concerning the group’s financial commitment, joint liability between Participants and the consequences of any change in the composition of the group are set out in the relevant contract.
Progressive payment constitutes a payment facility and does not transform the coaching programme into a succession of separate contracts.
No paid session covered by a payment instalment shall take place until the full amount due for that instalment has been received.
For Workshops and bespoke services, the applicable payment schedule shall be the one set out in the contract or quotation. Unless otherwise stipulated, a deposit upon booking and payment of the balance following completion of the service may, in particular, be required.
For workshops open to individual registrations, unless otherwise stated or agreed, the full price of the place must be paid before the workshop.
An invoice shall be issued in accordance with applicable regulations.
Any payment received after the due date constitutes late payment.
Where the Client is acting in a professional capacity, any late payment shall automatically, and without prior notice, give rise to late-payment interest calculated at the European Central Bank refinancing rate applicable during the relevant half-year period, plus ten percentage points, together with the statutory fixed compensation of €40 for recovery costs.
Where the recovery costs actually incurred exceed this fixed amount, additional compensation may be claimed upon presentation of supporting evidence, in accordance with applicable regulations.
Unless otherwise stipulated, no discount shall be granted for early payment.
Any specific rules applicable to consumer Clients remain unaffected.
Services may be provided by video conference, in person or through a hybrid arrangement, in accordance with the agreed terms.
Dates, times, locations, duration and arrangements for the provision of the services shall be specified in the applicable specific terms or agreed between the Parties.
Each Party shall ensure that it has the resources reasonably necessary for the service to be provided.
For remote services, the Client or Participant is responsible for having suitable equipment, an adequate internet connection and an appropriate environment.
In the event of a technical issue attributable to the Service Provider that substantially prevents the service from being provided, an appropriate solution shall be sought in light of the circumstances.
Unless specifically agreed otherwise, a service does not include permanent availability of the Service Provider or continuous coaching or consulting outside the scheduled service periods.
The specific terms set out in the contract, quotation or registration terms shall prevail over this Article.
For individual coaching, a session may be rescheduled or cancelled without charge where the Service Provider is informed at least 48 hours before the scheduled start time. Otherwise, except in cases of force majeure or exceptional circumstances, the session may be deemed to have taken place and shall remain payable.
If the Client arrives late, the session shall, in principle, end at the originally scheduled time.
For private group coaching, the terms governing rescheduling and individual or collective absence, together with their consequences, shall be those set out in the relevant group coaching contract.
For a Workshop or bespoke service, the specific cancellation and rescheduling terms shall be set out in the contract or quotation. These may, in particular, provide for different financial consequences depending on the period between the request and the scheduled date of the service.
For a workshop open to individual registrations, except where a valid right of withdrawal is exercised, in cases of force majeure, where mandatory law provides otherwise, or where the Service Provider expressly agrees to a goodwill gesture, cancellation or absence by a Participant shall not automatically entitle them to a refund.
A place at a workshop may be transferred to another person with the Service Provider’s prior approval. The replacement Participant must have received and accepted the applicable terms before participating.
If the Service Provider is unable to provide the service, the Parties shall seek to reschedule it. Where the service ultimately cannot be provided and no appropriate alternative is agreed, any amounts paid in respect of the service not provided shall be refunded.
Any material modification to a service requires the agreement of the Parties concerned and may be formalised by an amendment or another written agreement.
The consequences of interruption or early termination depend on the service concerned and the applicable specific terms.
For programmes comprising several sessions, services already provided and amounts that have become due shall remain payable.
Where force majeure or a legitimate and compelling reason justifies early termination under the terms of the relevant contract, future services that have not been provided may cease to be payable and, where applicable, any amounts paid in advance in respect of those services shall be refunded.
Where the Service Provider considers, for professional or ethical reasons, that it is no longer appropriate or relevant to continue a coaching programme, he may propose that it be terminated. Any services that the Service Provider decides not to provide shall not be invoiced, and any amounts already paid in respect of such services shall be refunded.
In the event of a sufficiently serious breach by the Client or a Participant that makes continuation of the service impossible or unreasonable, the Service Provider may terminate the service after informing the persons concerned. Services already provided and amounts that have become due shall remain payable.
Specific rules relating to the departure, replacement or withdrawal of a Participant from a private group coaching programme shall remain those set out in the relevant contract.
Where the Client or Participant qualifies as a consumer and a service contract is concluded at a distance or off-premises in circumstances where a statutory right of withdrawal applies, they shall, in principle, have fourteen days from the date on which the contract is concluded to exercise that right without having to provide any reason.
They may use the standard withdrawal form provided to them where required, or any other unambiguous statement expressing their decision to withdraw.
Where the consumer expressly requests that performance of the service begin before expiry of the statutory withdrawal period, such request shall be obtained in accordance with the requirements of applicable law.
If the consumer subsequently exercises their right of withdrawal after performance has begun at their express request, they may remain liable for an amount corresponding to the services actually provided up to the time when they communicate their decision to withdraw, calculated proportionately to the total agreed price.
Where the service has been fully performed before expiry of the withdrawal period, the consumer shall lose their right of withdrawal only where the statutory conditions governing such loss of the right have been satisfied.
Where a distance contract is concluded through an online interface in circumstances subject to such a requirement, the online withdrawal functionality required by applicable regulations shall be made available.
Any mandatory consumer rights shall prevail over any incompatible contractual provision.
The Service Provider undertakes, in particular, to establish an appropriate professional framework, use the resources and skills reasonably necessary to provide the service, comply with applicable confidentiality commitments, preserve the autonomy of the Client or Participants, and comply with the agreed organisational arrangements.
The Client or Participant undertakes, in particular, to participate in good faith, respect the agreed framework and appointments, behave respectfully, comply with their payment obligations and provide any information they consider necessary for the work undertaken.
Each Client or Participant retains their free will and remains responsible for their choices, decisions, actions and implementation thereof.
The Service Provider undertakes to maintain the confidentiality of personal or sensitive information brought to his attention in connection with the services, subject to the consent of the person concerned, applicable legal obligations, or circumstances in which disclosure is required under applicable rules.
As part of a group service, Participants may hear personal, professional or sensitive information voluntarily shared by other Participants.
Each Participant is required or encouraged, depending on the applicable contractual framework, to respect the confidentiality of such information and not to disclose it without the consent of the person concerned.
The Service Provider establishes and reiterates this framework but cannot guarantee the individual conduct of each Participant outside the sessions.
Each Participant remains free not to share information they consider too personal.
The services provided are intellectual services subject to a best-efforts obligation.
The Service Provider does not guarantee any particular result and shall not be held liable for failure to achieve a specific objective or for decisions taken or not taken by the Client or Participants following the service.
The Client or Participant retains their autonomy and free will and remains responsible for their decisions, actions and the consequences thereof.
Nothing in these Terms and Conditions shall exclude or limit liability where such exclusion or limitation is prohibited by law.
Methods, tools, documents, materials, presentations, content and resources designed or owned by the Service Provider remain protected by applicable intellectual property rights.
The presentation, use or provision of any material does not automatically grant the Client or Participants the right to reproduce, distribute, adapt, commercialise, make available to third parties or reuse it for professional purposes.
Certain tools, tests, methods or content may belong to third parties and remain subject to their own rights, licences or terms of use.
Where a third-party tool or resource entails an additional cost to be borne by the Client, such cost shall be communicated to the Client before the tool or resource is used.
No Client or Participant may record, film or distribute a service, the Service Provider or other Participants without prior authorisation where such authorisation is required.
Any recording organised by a Client in connection with a Workshop shall be subject to the terms agreed with the Service Provider.
Where the Service Provider intends to make a recording in which an individual can be identified and their consent is required, such consent shall be obtained separately where necessary.
Refusal to authorise the use of a person’s image shall not, in itself, prevent participation in a service where such recording is not an essential characteristic of the service.
Where a commissioning Client wishes to sell or resell access to a Workshop or other service provided by the Service Provider to third parties, this shall be subject to the Service Provider’s prior approval.
The Client selling access shall act under their own responsibility and shall be responsible, in particular, for registrations, collection of payments, commercial relations with Participants and any obligations owed to them.
The number of places actually sold, attendance rate or revenue actually generated shall have no effect on the price agreed with the Service Provider or on the Client’s payment obligations.
Insufficient registrations or the absence of registrations shall not, in itself, constitute force majeure.
Authorisation to sell places does not constitute general authorisation to freely use the Service Provider’s name, image, logo, content or other elements of his identity.
Personal data collected is used, in particular, for initial contact, organisation and provision of services, communications between the Parties, management of registrations, invoicing, administrative follow-up, management of the contractual relationship and compliance with the Service Provider’s legal obligations.
Where, in connection with a group service or Workshop, the Client provides the Service Provider with personal data relating to Participants or other individuals, the Client shall ensure that they are authorised to provide such data and shall inform the individuals concerned where required.
Personal data shall be retained for the periods necessary for the relevant purposes and to comply with applicable legal obligations.
Data subjects have the rights provided for under applicable personal data protection legislation.
Detailed information concerning processing activities, their legal bases, recipients, retention periods and the exercise of data protection rights is set out in the Privacy Policy available on the website.
In the event of any difficulty relating to the formation, interpretation or performance of a service, the Client is encouraged to contact the Service Provider first in order to seek an amicable solution.
Any complaint may be sent to:
[PROFESSIONAL EMAIL ADDRESS]
Where the Client or Participant qualifies as a consumer and a prior complaint has not resolved the dispute, they may refer the matter free of charge to the consumer mediator appointed by the Service Provider, where consumer mediation regulations apply.
Mediator: [TO BE COMPLETED FOLLOWING REGISTRATION]
Address: [TO BE COMPLETED]
Website: [TO BE COMPLETED]
Neither Party shall be held liable for a failure to perform resulting from an event meeting the legal requirements of force majeure.
The affected Party shall inform the other Party as soon as reasonably possible.
The affected obligations shall be suspended for the duration of the event and, where possible, the Parties shall seek a solution allowing the service to be rescheduled, adapted or continued.
The specific consequences of a force majeure event shall be determined in accordance with the relevant contract and applicable legal provisions.
These Terms and Conditions and the contracts to which they relate are governed by French law.
Where the Client or Participant qualifies as a consumer, this provision shall not deprive them of any mandatory protections to which they may be entitled under the legislation applicable to them.
In the event of a dispute, the Parties shall first seek an amicable solution and, where the relevant conditions are met, may use consumer mediation.
If no amicable resolution can be reached, the dispute shall fall within the jurisdiction of the competent courts in accordance with applicable legal rules.
The Service Provider may amend these Terms and Conditions, in particular to reflect changes in his activities, services or applicable regulations.
The version applicable to a service shall be the version provided to and accepted by the Client when the relevant contractual relationship is entered into.
Any subsequent amendment to these Terms and Conditions shall not retroactively modify the terms of an existing contract, unless otherwise agreed by the Parties or required by mandatory law.
If any provision of these Terms and Conditions is declared null, unenforceable or invalid, the remaining provisions shall continue to apply to the fullest extent permitted by law.