Information in accordance with section 5 to the TMG (German Media Law).
Marko Pfann GmbH
Schwaerzenbach 6
83703 Gmund am Tegernsee, Germany
Represented by
CEO: Marko Pfann 
German Business Register (Handelsregister)
Register Number: HRB 213 848
Register Court: Amtsgericht Muenchen
Initial or original capital: 25.000,00 €
Contact
Telephone: +49 8022 673 44 46
E-Mail: moc.nnafpokram@olleh

Sites
https://markopfann.com
https://markopfann.de
http://sellingcreativity.com
VAT number (USt-IdNr)
VAT identification number in accordance with section 27A of the German VAT act:
DE 296 458 632
 
Terms In Plain English
MarkoPfann.com and SellingCreativity.com are owned and operated by Marko Pfann GmbH. It is my policy to create awesome products and I hold all my customers and prospects in high regard. I will never do anything to cheat you or deceive you, I will not spam you or spy on you and I will never share your information with any third party. I’ve done my best to present all the information on this site accurately and all the testimonials are real testimonials from real people.
Below, is a whole bunch of lawyer-speak, which is designed to cover my ass in every possible way, in case someone gets it into their heads to sue me for no good reason.
Know that customer satisfaction is at outmost importance to me. If you've any issues, please contact me via moc.nnafpokram@olleh.

Simple terms & conditions of working with me

Terms Of Use

Dear client,
I love you. But before we'll get into a relationship, I want you to understand my expectations and clarify what you can expect from me. To ensure that my coaching is valuable to you and gets you to where you want to be, please read the following points.

Quick note
Neither of us has much time. That’s why I only work with studio owners who are determined to make a true change in their business and their life. Please decide first IF you truly want to put in the effort it takes to get your studio to the next level. Because I’ll ask you to put real effort and time into this program and make some tough decisions.

Coaching
I provide coaching as a service to facilitate your achievement of specific and agreed goals related to your personal and professional development through a series of regular conversations or meetings with you (coaching sessions), and on-going support in between sessions, on the following terms and conditions.

If you’re not responsive and don’t do the work I ask you to do, I’ll cancel the engagement without any refunds.

Setting expectations
Coaching obviously is an investment not only in your business but your personal growth as well. It's my goal to provide you with a clear, supporting structure to reach your goals. To prepare for our sessions, I want you to think about what the best outcome for you would be, and let me know during our conversations. I can't stretch this enough, your results depend on the actions you take. I need you to understand that you enter this relationship with the full responsibility for creating your own results. During our sessions, I'll focus on mind-shifts and epiphanies. We discuss current issues, and I help you to overcome limiting beliefs. I also provide you with exercises and assignments in between our calls to help you kickstart your journey.

What I expect of you
– Unlimited and personal access to decision-makers.
– All partners need to be on board with this workshop.
– The decision-makers time & undivided attention
– To share sensitive business data
– My proposals valid for 7 days after receiving.
– Assumed you’re happy, a brief video testimonial.
– Workshops are held at your office.
– Full-day workshops are 6-8 hours.
– Half-day workshops are 3-4 hours.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. By using this website, you signify your consent to these terms of use. If you do not agree to these Terms of Use, please do not use the website.
Your access to and use of this website, as well as all related websites operated by Marko Pfann GmbH (which includes MarkoPfann.com and/or SellingCreativity.com, among others) (collectively the “Site”) is subject to the following terms and conditions (“Terms of Use”) and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, the Terms of Use and acknowledge that any other agreements between you and the Site are superseded and of no force or effect:
1. You agree that the Site itself, as well as all content, videos, training materials, products, services and/or other materials, made available on the Site by us or other third parties, as well as the look and feel of all of the foregoing, (collectively referred to as the “Content”) are maintained for your personal use and information by Marko Pfann GmbH, (the “Company”) and are the property of the Company and/or its third party providers. You agree that such Company Content shall include all proprietary videos, HTML/CSS, Javascript, graphics, voice, and sound recordings, artwork, photos, documents, and text as well as all other materials included in the Site, excluding only the materials you provide. Subject to your compliance with these Terms of Use, the Company hereby grants you a limited license, which is non-exclusive, non-transferable, and non-sublicensable, to access, view, and use the Site solely for your personal purposes. No Company Content may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, used for public or commercial purposes, or downloaded in any way unless written permission is expressly granted by the Company. Modification of the Content or use of the Content for any other purpose is a violation of the copyright and other proprietary rights of the Company, as well as other authors who created the materials, and may be subject to monetary damages and penalties. You may not distribute, modify, transmit or use the content of the Site or any Content, including any and all software, tools, graphics and/or sound files, for public or commercial purposes without the express written permission of the Company.
2. All Content, such as text, data, graphics files, videos and sound files, and other materials contained in the Site, are copyrighted unless otherwise noted and are the property of the Company and/or a supplier to the Company. No such materials may be used except as provided in these Terms of Use.
3. All trade names, trademarks, and images and biographical information of people used in the Company Content and contained in the Site, including without limitation the name and trademark “Marko Pfann GmbH”, are either the property of, or used with permission by, the Company. The use of Content by you is strictly prohibited unless specifically permitted by these Terms of Use. Any unauthorized use of Content may violate the copyright, trademark, and other proprietary rights of the Company and/or third parties, as well as the laws of privacy and publicity, and other regulations and statutes. Nothing contained in this Agreement or in the Site shall be construed as granting, by implication or otherwise, any license or right to use any Trademark or other proprietary information without the express written consent of the Company or third party owner. The Company respects the copyright, trademark and all other intellectual property rights of others. The Company has the right, but has no obligation, to remove content and accounts containing materials that it deems, in its sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use. If you believe that your intellectual property rights are being violated and/or that any work belonging to you has been reproduced on the Site or in any Content in any way, you may notify Company at moc.nnafpokram@ylppa. Please provide your name and contact information, the nature of your work and how it is being violated, all relevant copyright and/or trademark registration information, the location/URL of the violation, and any other information you believe is relevant.
4. While the Company uses reasonable efforts to include accurate and up-to-date information in the Site, the Company makes no warranties or representations as to its accuracy. The Company assumes no liability or responsibility for any errors or omissions in the content of the Site.

Commitment
Coaching is about asking questions that help you focus, learn, prioritize, and motivate yourself to achieve the goals you seek. Once again, the responsibility of achieving your goals rests with you.
I'm objective and share my outside perspective and/or helpful guidance. I believe in my clients, and I want them to succeed big time. It's my belief that you already hold all your relevant answers within, and only need a catalyst to get them out of you. My expertise is to ask tough and deep questions that surface those answers. To make this actionable for you, I'll share my personal experience, knowledge, and resources. To make this work, I need you to stay true to your personal values and helps you stay on track to get the results you want. 

Included services & resources
Strategic audit (positioning, outreach & sales process)
Guides, worksheets & templates as needed
Suggested website presentation structure

What I’m doing
– I’ll guide you through my tested process
– Handing out exercises to arrive at specific outcomes 
– Leading you towards mind-shifts and epiphanies
– Sharing suggestions, ideas, and examples
– Providing you with tips, tricks, and my full expertise
– Sharing my outside perspective

What I’m not doing
– Technical training of any sort
– Copywriting
– Keeping you accountable
– Active client outreach (unless otherwise stated)

Confidentiality
Anything you share with is completely confidential. And yes, we'll both sign an NDA. If there's anything during our interaction that you don’t feel comfortable with, or if you have any concerns at all with the coaching, please let me know ASAP. That said, for effective coaching, it's necessary for you to be completely honest, open, and at ease with me and the process.

Change might hurt
You acknowledge that coaching may be personally, emotionally and physically challenging and that there may be occasions on which you will feel emotionally challenged - including frustration, annoyance or stress. This is part of the growth process, which is a natural human reaction if you step beyond your comfort zone. It's part of the change.

 

5. When you register with the Company and/or this Site, you expressly consent to receive any notices, announcements, agreements, disclosures, reports, documents, communications concerning new products or services, or other records or correspondence from the Company. You consent to receive notices electronically by way of transmitting the notice to you by email.
6. If you send comments or suggestions about the Site to the Company, including, but not limited to, notes, text, drawings, images, designs or computer programs, such submissions shall become, and shall remain, the sole property of the Company. No submission shall be subject to any obligation of confidence on the part of the Company. The Company shall exclusively own all rights to (including intellectual property rights thereto), and shall be entitled to unrestricted use, publication, and dissemination as to all such submissions for any purpose, commercial or otherwise without any acknowledgment or compensation to you
7. The Company shall use commercially reasonable efforts to restrict unauthorized access to our data and files. However no system whether or not password protected can be entirely impenetrable. You acknowledge that it may be possible for an unauthorized third party to access, view, copy, modify, or distribute the data and files you store using the Site. Use of the Site is completely at your own risk.
8. The Company will not intentionally disclose any personally identifying information about you to third parties, except where the Company, in good faith, believes such disclosure is necessary to comply with the law or enforce these Terms of Use. By using the Site, you signify your acceptance of the Company’s Privacy Policy, https://www.markopfann.com/privacy-policy . If you do not agree with this Privacy Policy, in whole or part, please do not use this Site.
9. NEITHER THE COMPANY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR MAINTAINING THE SITE AND/OR ANY CONTENT ON THE SITE SHALL BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO OR USE OF THE SITE. WITHOUT LIMITING THE FOREGOING, ALL CONTENT ON THE SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THE SITE, THE RESULTS OF THE USE OF SUCH MATERIALS, THE SUITABILITY OF SUCH MATERIALS FOR ANY USER’S NEEDS OR THE LIKELIHOOD THAT THEIR USE WILL MEET ANY USER’S EXPECTATIONS, OR THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR CORRECTION. THE COMPANY LIKEWISE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR GUARANTEES THAT YOU WILL EARN ANY MONEY USING THE SITE OR THE COMPANY’S TECHNOLOGY OR SERVICES. YOU ACCEPT ALL RESPONSIBILITY FOR EVALUATING YOUR OWN EARNING POTENTIAL AS WELL AS EXECUTING YOUR OWN BUSINESS AND SERVICES. YOUR EARNING POTENTIAL IS ENTIRELY DEPENDENT ON YOUR OWN PRODUCTS, IDEAS, TECHNIQUES; YOUR EXECUTION OF YOUR BUSINESS PLAN; THE TIME YOU DEVOTE TO THE PROGRAM, IDEAS AND TECHNIQUES OFFERED AND UTILIZED; AS WELL AS YOUR FINANCES, YOUR KNOWLEDGE AND YOUR SKILL. SINCE THESE FACTORS DIFFER AMONG ALL INDIVIDUALS, THE COMPANY CANNOT AND DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR GUARANTEES REGARDING YOUR SUCCESS OR INCOME LEVEL. THE COMPANY DOES NOT WARRANT THAT USE OF THE MATERIALS WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, THE CONTENT, AND/OR THE MATERIALS AVAILABLE ON THIS SITE ARE FREE FROM BUGS OR VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY FOR THE COST OF ALL NECESSARY REPAIRS OR CORRECTIONS. THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY PERFORMANCE OR SERVICE PROBLEMS CAUSED BY ANY THIRD PARTY WEBSITE OR THIRD PARTY SERVICE PROVIDER. ANY SUCH PROBLEM SHALL BE GOVERNED SOLELY BY THE AGREEMENT BETWEEN YOU AND THAT PROVIDER. Please note that the applicable jurisdiction may not allow the exclusion of implied warranties. Some of the above exclusions may thus not apply to you.

Coaching session
A coaching session will be carried out virtually (Skype) or face-to-face (if you fly me in) at mutually agreed times. A coaching session typically takes place for 90 minutes. You can directly book your regular sessions online in the booking calendar provided. 

Liability
You will not hold me liable for any loss, liability, claim or cost incurred by you (or any person related to you), whether direct or indirect, related to the coaching and/or sessions, including without limitation in respect of any mental, physical, emotional stress or distress (or other ailment or condition).

Fees, invoicing and payment
We'll agree to either a set period or to an ongoing monthly retainer. Any coaching fees are communicated in advance. You'll pay in advance via SEPA, Pay Pal or Credit Card. Obviously, you'll receive a formal, taxable invoice.

Availability and notice
If you need to reschedule our appointment, just let me know in advance. You won't be charged by the session but by the period we agreed on irrelevant of how many calls you take with me or not. Asking for the appointments is your responsibility. We should have at least have one conversation a week.

Coaching is not therapy
Coaching is not therapy: You understand and agree that coaching is in no way to be construed as psychological therapy. Professional coaching is the art and science of assisting individuals to move forward in order to gain more meaningful and satisfying outcomes in their lives, careers or businesses. Coaching is not psychotherapy or counseling: You should not expect me to provide an assessment or counseling to assist you in understanding conscious or unconscious motivations; to resolve emotional, relationship, or attitudinal conflicts; or to modify behaviors that interfere with effective emotional, social, or intellectual functioning. Neither is it consulting or giving advice: Professional coaching is teamwork, a co-active collaboration between coach and client. Claudia guides you, steers, challenges and motivates you. She is not telling you what or how to reach your goals, rather supports you in finding your personal way to do so. Due to her 8 years of experience in business development, she might occasionally share some recommendations or input, depending on the specific goal and situation.

Currently working with clients in Munich, Zurich, London, Stuttgart & Berlin. Reach out via LinkedIn if you want to pick my brain over a beer or a cup of coffee.
Marko Pfann GmbH
Schwärzenbach 6
83703 Gmund am Tegernsee
Germany
+49 8022 673 44 46
moc.nnafpokram@olleh
©2019 Marko Pfann GmbH
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