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General Terms and Conditions for Coaches

Last change 08/10/2022



(hereinafter the "GTC")



1.1 The mellow GmbH based in Munich, entered in the commercial register B of the district court of Munich (HRB 277606) (hereinafter "mellow"), offers under the domains and  an online platform for coaching services (hereinafter the "platform").

1.2 These GTC apply to all persons registered as coaches on the platform (hereinafter the “Coach” or collectively the “Coaches”). They regulate the rights and obligations of the coaches when visiting the platform and using the functions and services offered on it. If the registration process is not successfully completed or no subscription is taken out, the person cannot offer their service as a coach via the platform.

1.3 These GTC apply exclusively to the use of the platform as a coach. Deviating, conflicting or supplementary conditions do not become part of the business relationship between coaches and mellow, even if they have not been expressly contradicted. Deviating, conflicting or supplementary conditions are only effective if mellow has agreed to them in writing.

1.4 The provisions of these GTC can be changed by mellow at any time without giving reasons, whereby such changes will be announced on the platform. If the coach continues to use the platform after acknowledging the changed terms and conditions, the changes are deemed to have been accepted.

1.5 The information on the protection of the coach's personal data can be found in the data protection declaration on the platform at



2.1 Coaches and persons registered as clients (the latter hereinafter the “client” or collectively the “clients”) can arrange online video coaching (hereinafter “online coaching”) via the platform.

2.2 If a coach and a client agree on online coaching, the contract for online coaching is concluded directly between the coach and the client (hereinafter the “coaching contract”). The coach receives a confirmation from mellow that the coaching contract has come about.

2.3 mellow operates the platform and brokers coaching contracts for coaches to clients of the platform. However, mellow itself does not become a party to the coaching contracts concluded between clients and coaches.



3.1 The use of the platform requires a corresponding registration. In the course of registering for the platform, the coach agrees to the validity of these GTC. The use of the platform as a coach or as a client is reserved for registered persons.

3.2 As part of the registration, the coach must provide all information completely and truthfully and update it immediately if there is a change.

3.3 There is no entitlement to registration on the platform. mellow reserves the right to refuse the registration of a person as a coach without giving reasons or to exclude already registered coaches from using the platform without giving reasons. 

3.4 For the settlement and payment of the credit acquired by the coach on the platform, the coach mellow will give a bank account to a bank based in the SEPA area.

3.5 Clients and coaches must be at least 18 years old to register on the platform.

3.6 mellow will provide the coach with access to the platform by sending access data to the email address provided by the coach and creating a personal user account. In this context, the coach is obliged to provide mellow ( with an e-mail address under which documents can also be sent to him. If this e-mail address changes, the coach must inform mellow immediately, stating the new e-mail address.

3.7 Use of the platform requires a paid subscription. This can be purchased directly from mellow by having the coach pay a subscription fee monthly or annually in advance (or such other period as mellow will advise prior to purchase). mellow may also offer a lifetime subscription option. The coach makes a one-time payment that gives him access to the mellow services for an unlimited period of time ("lifetime subscription").

3.8 If the Coach registers with a trial subscription for a Paid Subscription, the Coach may, within the term of the trial subscription from the date of registration for the relevant mellow service ("Reflection Period"), without giving reasons, express his or her opinion in accordance with the following provisions change and cancel the Paid Subscription before it begins (in this case, no fees will be charged for the Paid Subscription canceled in this way)

3.9 If the Coach registers for a trial subscription, he agrees that the reflection period for the paid subscription for which the Coach receives a trial subscription ends with the expiration of the trial subscription. In this case, the paid subscription begins when the trial subscription expires. If the Paid Subscription is not canceled prior to the end of the Trial Subscription, the Coach loses this early termination right and grants mellow permission to bill Coach the agreed fee monthly (or in another agreed period) until the Paid Subscription is terminated. The other statutory or contractual rights of termination in accordance with these General Terms and Conditions remain unaffected.

3.10 mellow may, at its reasonable discretion, change subscription fees and other prices to compensate for the increased overall cost of providing the mellow Services. For example, the costs of content, administrative costs, the costs of maintaining and operating the IT infrastructure, general overheads (costs of sales and marketing, personnel costs, rent, external service providers), as well as financing costs, taxes, Fees and Other Charges. In the event of a change in statutory sales tax, mellow is entitled to adjust the subscription fees accordingly. All price changes will take effect no earlier than 30 days after mellow notifies you, at the start of the next billing cycle for your subscription. The ordinary right of termination remains unaffected.

3.11 If the coach has not effectively waived his right of cancellation, he has a statutory right of cancellation as follows if he is resident in Germany: The coach has the right to cancel this contract within fourteen days without giving reasons. The cancellation period is fourteen days from the day the contract was concluded. In order to exercise the right of withdrawal, the coach must mellow (mellow GmbH, Waakirchner Straße 52, 81379 Munich, email: by means of a clear statement (e.g. a letter sent by post or an e-mail) of his decision to withdraw from this contract. The coach can use the attached model withdrawal form for this, but this is not mandatory. To meet the cancellation deadline, it is sufficient for the coach to send the communication regarding the exercise of the right of cancellation before the cancellation period has expired.

3.12 If the coach revokes this contract, mellow must repay all payments received from the coach immediately and at the latest within fourteen days from the day on which we received notification of the cancellation of this contract. Excluded from this are commissions and payments for services and mediations that have already taken place. 


Sample cancellation form


(If you want to revoke the contract, please fill out this form and send it back.)


To mellow GmbH, Waakirchner Straße 52, 81379 Munich, Germany, email:


I/we () hereby revoke the contract concluded by me/us () for the purchase of the following goods ()/ the provision of the following service ()


Ordered on ()/received on ()


Name of consumer(s)


Address of consumer(s)


Signature of consumer(s) (only if notification is on paper)




(*) Delete where not applicable


3.13 Unless a lifetime subscription has been purchased, the payment obligation to mellow is automatically renewed at the end of the respective subscription period, unless the coach terminates his paid subscription before the end of the current subscription period. The cancellation will take effect on the day following the last day of the current subscription period. The cancellation is made by informal notification to  and providing the username and user ID. 



4.1 The coach hereby commissions mellow to present the services and knowledge he offers, as well as prices and availability on the platform and to arrange coaching contracts for him via the platform. However, mellow cannot guarantee that coaching contracts will actually be brokered.



5.1 Coaches can register on the platform to offer online coaching. As part of the registration, the coaches specify the topics (e.g. coaching topics) and at what prices they would like to offer online coaching. Coaches also indicate availability, i.e. the times at which they are available for online coaching. The specified topics, prices and availability represent a binding offer from the coach. Clients can view the offered topics, prices and availability on the platform and conclude a coaching contract. 

5.2 There is no employment or (free) employment relationship between the coaches and mellow. The coaches are not bound by instructions from mellow and act independently and independently when holding online coaching. You are also not entitled to represent mellow in legal transactions.

5.3 Coaching contracts are concluded between a coach and a client, taking into account the relevant provisions of these GTC.

5.4 Clients may enter into a coaching contract with a Coach by purchasing online coaching credits through the Platform. Provision can also be made for credit or credit for open hours to expire if it is not used within a certain period of time. It can also be provided that the coaching contract is automatically extended after an agreed period of time if the client does not object to this in good time before the end of the term. 

5.5 The use of the platform by coaches requires acceptance of the current prices and commissions to be paid. The current prices and commissions to be paid will be announced on the platform or otherwise announced to the coach. With the approval of the terms and conditions, these prices and commissions to be paid between Coach and mellow are deemed to have been agreed. mellow reserves the right to change the prices and commissions to be paid at any time. Such changes only apply to coaching contracts brokered after such change.

5.6 The processing of the payment of credit to the coach is administered by mellow.

5.7 The coach pays mellow a commission for each brokered coaching contract. The entire commission claim arises upon conclusion of the coaching contract. The payment of the commission to mellow (by way of withholding) takes place as follows: The client pays for the online coaching in full upon conclusion of the coaching contract with credit he has acquired in advance on his credit account (wallet). The commission is immediately due in full for payment to mellow. mellow is entitled to withhold the commission amounts owed by the coach from the client's payments (or their credit). After holding a unit of online coaching, the credit for this unit minus the commission amounts owed will be credited to the coach's credit account (wallet).

5.8 mellow can also withdraw credit from a client's account and credit the coach with the credit minus commission if the client does not postpone or cancel a unit in time or does not appear at the same. The commission to be paid by the coach to mellow in this case can also deviate from that which is to be paid when holding an online coaching unit.

5.9 If client credit expires because it has not been used within the allotted time, mellow is entitled to the entire expired credit as a special commission.

5.10 The current commissions are announced on the platform or otherwise announced to the coach.

5.11 If the client has a claim for repayment in relation to a coaching contract, the (pro rata) commission will also be waived (subsequently) with the repayment. In this case, the coach will be issued with corresponding credits for the commissions already invoiced.

5.12 If a coach has concluded a coaching contract with a client, he is obliged to fulfill the coaching contract, whereby he has to pay particular attention to the timely conduct of the online coaching. A withdrawal from a coaching contract is only possible on the basis of a mandatory statutory right of withdrawal or with the consent of the client. Due to the negative effects on the platform, the coach may also have to pay penalties to mellow due to violations by the coach of the duties arising from the coaching contract.

5.13 The coach undertakes to observe the legal provisions applicable to the fulfillment of the coaching contract and, in particular, to ensure that he has the appropriate rights of use when posting content on the platform and that the provision of content does not violate legal regulations or morality and/or third party rights (such as copyright, personality and trademark rights).

5.14 The coach undertakes to keep the access data sent to him by mellow secret. The coach is responsible for all activities originating from his user account.

5.15 The coach undertakes to notify mellow immediately as soon as there is a suspicion of unauthorized use of his user account. If there is suspicion of unauthorized use of a user account or if a coach violates applicable legal provisions or these GTC, mellow is entitled to block the user account and subsequently delete it.

5.16 Contacts to clients mediated on the platform belong to mellow and may not be taken by the coach to an area outside the platform. All communication and coaching units carried out between coach and client take place exclusively on the mellow platform. The same applies if a client establishes contact with the coach outside of the platform. In this case, the coach must transfer the establishment of contact to the platform. If contacts with clients are attempted or taken away from the platform, a replacement commission of €1,000 (net) is due, which mellow can debit the coach from his or her wallet or invoice separately. Excluded are contacts that demonstrably arose outside the platform before mediation by mellow.

5.17 The coach may only refer to his own offer or contact details (e.g. telephone number, coach's website, other platforms) with the prior written consent of mellow. This applies in particular to the content of profiles, photos, messages, blog posts and coaching sessions.



6.1 After a Coach has successfully registered on the Platform, a credit account (the “Wallet)” will be set up for him, to which the credits acquired by the Coach through the provision of online coaching or the provision of additional services will be credited. There is no interest on the credit balance.

6.2 The coach can see the current status of his credit account (wallet) in his user account. From a credit of EUR 100, the coach can request a payment. The coach is free to choose the payment amount, whereby at least EUR 100 and at most the entire credit balance on the credit account (wallet) is paid out. Payments to the coach are made once a month in the month following the month in which the coach requested the payment, cashless by means of a transfer to the coach's last known bank account. mellow can, at its own discretion, arrange for the payment to be made earlier, but only after the coach has requested it. The coach can request the payout in their personal area of the platform.

6.3 If the contract between mellow and the coach is terminated, any credit that has not yet been paid out is due for payment to the coach at the end of the next calendar month.

6.4 Any taxes and duties associated with the payment of the credit (e.g. income tax, sales tax, social security contributions) must be declared and paid by the coach himself. The coach undertakes to fully indemnify and hold mellow harmless in this regard.



7.1 Coaches and clients can postpone or rebook any booked coaching unit free of charge up to 48 hours before the unit takes place.

7.2 In the event of a postponement, a new appointment will be selected by the postponed party. The coaching session will now take place on the new date.

7.3 In the event of a rebooking, the coach-client connection is terminated and the costs for the rebooked coaching unit are fully credited back to the client's credit account (wallet). A payment (e.g. to his bank account) is not possible. The client can use the credit on his credit account (wallet) to book again with another coach.



8.1 mellow generally makes the platform available for use 24 hours a day, 7 days a week. According to the current state of the art, however, there is no method that can guarantee that software is free of errors. mellow therefore does not guarantee that the software on which the platform is based is completely error-free and that there will be no platform failures. In addition, the platform may be temporarily unavailable due to maintenance work being carried out. mellow will announce scheduled maintenance work on the platform in good time. However, mellow is not obliged to update the platform.

8.2 The platform and the underlying software are protected by copyright and may not be used or modified beyond the granted right of use without the prior written consent of mellow. Likewise, the design of the platform and in particular the content posted on the platform (e.g. databases, photos, images, logos, videos, texts, graphics, etc.) are protected by copyright or are subject to other laws for the protection of intellectual property and are, unless otherwise indicated, mellow too.

8.3 mellow can make the platform interactive. This gives the client and coach the opportunity to evaluate each other and to write their own contributions. mellow does not check whether the reviews may be unfounded or misleading. The coaches undertake to only provide truthful information in the assessments and to observe the legal regulations and these General Terms and Conditions. Coaches are only permitted to reproduce personal data with the express consent of the person concerned.

8.4 mellow reserves the right to delete reviews or other content in whole or in part, especially if it contains illegal content.

8.5 The coach expressly acknowledges and agrees that in particular, but not exclusively, the dissemination of the following content via the platform is prohibited:

a. racist, pornographic, obscene, insulting, vulgar, violence glorifying or trivializing and immoral content;

b. abusive, hurtful statements or threats against other Clients, Coaches or third parties;

c. Content that impairs or endangers children or young people in their development or upbringing or violates human dignity or other protected legal interests;

i.e. Content that can cause others to commit criminal or other immoral acts;

e. copied content to which the Coach has no rights or which was provided by other registered persons;

f. Content that poses a security risk, such as viruses;

G. Sending unsolicited advertising e-mails, junk e-mails, other unsolicited communications, so-called mail bombs, etc. to other clients, coaches or third parties or setting links to third-party sites for sales purposes.

8.6 The coach grants mellow the gratuitous, non-exclusive, unlimited right in terms of time and location to use, edit, and edit reviews, photos, graphics, texts, audio messages, and videos posted on the platform for the purpose of making them available on the platform and promoting the platform reproduce and distribute.

8.7 The use of tools for data analysis of the content of the platform is not permitted.

8.8 mellow is entitled at any time to restrict or completely discontinue the services offered via the platform without giving reasons. Significant changes or restrictions to the services offered will be announced on the platform in good time.

8.9 A restriction or discontinuation of the services offered by mellow does not change these GTC. A change to the GTC by mellow can only be made in accordance with the procedure provided for in point 1.4.



9.1 In the relationship between the coach and mellow, the statutory warranty provisions apply.

9.2 If a coach has not performed or poorly performed a coaching contract or parts thereof (e.g. individual units) (e.g. non-appearance or tardiness of the coach, lack of professional competence, inappropriate handling of the client), the client can file a justified complaint within the platform or to_cc781905- direct. In these cases, mellow can check the quality of the online coaching and first try to mediate between the client and the coach. The client and the coach already agree that mellow decides on the existence and amount of any claim for credit reimbursement. If mellow considers the client's complaint to be justified, the coach's claim to the credit lapses. Any credit already posted to the coach's credit account (wallet) for the unit will be deducted again in this case. If the coach does not have sufficient credit on his credit account (wallet) at this point in time, mellow reserves the right to deduct later credit from the credit account (wallet) or to reclaim the amount in money.

9.3 In the event of serious violations by the coach of or non-fulfillment of the coaching contract, an attempt will be made to find a replacement coach for the client at the client's request. If a replacement coach is found, the coaching contract can be transferred to the replacement coach. The coach agrees to such a transfer of the coaching contract. The replacement Coach may subsequently earn credits by providing online coaching under the terms agreed with the original Coach; he then also owes the commission to be paid to mellow for the coaching contract he has taken over (for the units taken over). If no replacement coach can be found or the client does not want a replacement coach, he has the right to extraordinary termination of the coaching contract.



10.1 mellow is only liable, for whatever legal reason, if damage was caused by mellow through gross negligence or intent. The liability of mellow for slight negligence is excluded - with the exception of personal injury.

10.2 mellow assumes no liability for the fulfillment of contractual or other obligations of the client towards the coaches. In particular, mellow is not liable for any damage to the coach that arises in connection with the implementation of a coaching contract. These claims are to be asserted directly against the respective client.

10.3 mellow is not liable for the content provided by clients or coaches on the platform or the content of websites to which mellow has created a link. The provider of the site to which mellow referred is solely liable for illegal, incorrect or incomplete content and in particular for damage resulting from the use or non-use of information presented in this way. The coach is therefore solely responsible for critically examining content from other coaches and clients and for evaluating it on his own responsibility.



11.1 The coach undertakes to indemnify and hold mellow completely harmless if mellow is sued by clients for claims arising from coaching contracts or by other coaches, clients or third parties due to the contents posted by the coach on the platform and thus published, judicially or is claimed out of court. The exemption also includes penalties, damages and all costs of legal defense.



12.1 The contractual relationship between mellow and the respective coach begins with the successful registration of the coach on the platform and with the conclusion of a subscription. Both the coach and mellow are entitled to terminate this contract at any time with immediate effect, whereby the registration as a coach is to be deleted in this case. A proper processing of ongoing coaching contracts is still possible through mellow. In the event of an ordinary termination, the completed subscription ends at the earliest possible date.



13.1 These GTC and all other agreements with mellow are exclusively subject to German law, excluding the UN sales law and the reference standards of international private law. This choice of law only applies insofar as a coach is not deprived of the protection granted by the mandatory provisions of the law of the state in which he has his habitual residence.

13.2 The competent court in Munich is responsible for all lawsuits brought against mellow by a coach due to disputes arising from the contractual relationship. This does not affect the right of the coach to sue at any other legal place of jurisdiction. One of the courts in whose district the coach has his residence, habitual abode or place of employment is responsible for all lawsuits brought against a coach who has his domicile, habitual abode or place of employment in Germany due to disputes arising from the contractual relationship. The legal places of jurisdiction apply to coaches who are not resident in Germany at the time the contract is concluded.

13.3 The place of performance of the mediated services is Germany. Place of performance of the mediation is the location of the mellow branch (Munich, Germany).



14.1 In the event of contradictions between these GTC and deviating written agreements between a coach and mellow, the provisions of the deviating agreements take precedence over these GTC.

14.2 Should individual provisions of these General Terms and Conditions be or become invalid, this shall not affect the remaining content of the General Terms and Conditions. The ineffective provision is to be replaced by an effective provision that is legally valid and comes as close as possible to the will of the coach and that of mellow in economic terms.

14.3 A “third party” within the meaning of these terms and conditions is any natural or legal person who is different from the person registered as a coach and from mellow, even if there are legal and/or economic relationships with such a person.

14.4 In the absence of any deviating regulation in these GTC, neither a coach nor mellow may pass on or assign the provisions and rights from these GTC to third parties without the written consent of the other party.

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