Terms and Conditions

January 2025

§ 1 Definition of Terms

(1) Immigrant Spirit LLC (hereinafter “Immigrant Spirit”), through its principal Kevin Kocher and/or other employees or agents it may retain to provide Services (as defined below), offers individual coaching and group programs in the area of career progression. In particular, sessions and programs are offered on the topics of job search, strategic goal planning, self-discipline, relationship management, interview training, audio and video calling techniques, negotiation tactics, and more. All of the above services offered by Immigrant Spirit are referred to hereinafter collectively as “Coaching”.

There is also the option of the “Expats Job Offer Miracle”, hereinafter referred to as “EJO Miracle”. This can be booked additionally and includes support over a total period of up to 151 days.

There are two fee-based offers for the “Expats Job Offer Miracle”:The “Expats Job Offer by Summer” program, available from 1 February to 30 June of the year of the booking; and the “Expats Job Offer by Christmas” program, available from 1 September to 30 December of the year of the booking.

The term “Services” is used herein to refer to the services that are offered by Immigrant Spirit, now or in the future, including, but not limited to, Coaching, the EJO Miracle, the “Expats Job Offer by Summer”, and the “Expats Job Offer by Christmas” programs.

(2) The following General Terms and Conditions apply to all bookings of Services by an entrepreneur or a consumer (hereinafter referred to individually as a “Client”). 

(3) A “Consumer” within the meaning of these Terms and Conditions is any natural person who enters into a legal transaction for purposes that are predominantly outside of their trade, business or profession.

(4) An “Entrepreneur” within the meaning of these Terms and Conditions is any natural or legal person, or a partnership with legal capacity, that acts in the exercise of its commercial or independent professional activity when concluding a legal transaction.

(5) Immigrant Spirit reserves the right to amend these Terms and Conditions, provided that such amendments are reasonable for the Client and take into account the legitimate interests of both parties. Immigrant Spirit will inform the Client of any amendments in text form (e.g., via email) at least 30 days before the changes take effect. If the amendments are exclusively advantageous to the Client, Immigrant Spirit may implement them without delay and inform the Client accordingly. For material changes to these Terms and Conditions that could disadvantage the Client (e.g., modifications of termination rights to the detriment of the Client), Immigrant Spirit will notify the Client with a 30-day notice period. Changes will become binding for both parties if the Client does not object in writing (email is sufficient) within the 30-day deadline and continues to use Immigrant Spirit’s Services after the expiration of the deadline. Immigrant Spirit will explicitly inform the Client of this consequence along with the notice of change. In the event of a timely objection, both parties retain the right to terminate the contract with immediate effect.

(6) The updated and current version will always be available at the bottom of the Immigrant Spirit website at http://immigrantspirit.com/ (hereinafter the “Website”).

§ 2 Conclusion of a Contract

(1) The following provisions on the conclusion of a contract apply to bookings of Services made via the Website or by e-mail to kevin@immigrantspirit.com.

(2) In the event of conclusion of the contract, the contract is concluded with

Immigrant Spirit LLC

Henriettenstrasse 77 

20259 Hamburg

Germany (DE)

(3) The advertising of Services on the Website does not constitute a legally binding contractual offer, but serves only as a non-binding invitation to the Client to book Services. By booking the desired Services on the Website or by e-mail, the Client submits a binding offer to conclude a service contract.

(4) The actual conclusion of the contract is subject to the following conditions:

a) Booking process

The desired Services can be booked via the Website by entering the Client’s name, address and e-mail address. The Client can then select a payment method (credit card, bank transfer, or Stripe) and enter the relevant payment details.

At the end of the booking process, by clicking on the “Order with Obligation to Pay” button and confirming acceptance of the General Terms and Conditions, acknowledging the Privacy Policy and confirming that the Client is 18 years of age or older, the Client submits a binding offer to book the selected Services.

Immediately after submitting the booking, the Client will receive a booking confirmation via e-mail, confirming receipt of the booking and listing its details.

b) Canceling the booking process

The booking process can be canceled at any time before it is completed by closing the browser.

c) Conclusion of contract

The contract for the binding booking of Services is accepted upon receipt of the booking confirmation by the Client.

(5) The text of the contract will be saved by Immigrant Spirit. In addition, the contract data and the General Terms and Conditions will be sent to the Client via e-mail. For security reasons, the Client’s order data will no longer be accessible via the Website after the booking process.

§ 3 Service Content / Client’s Duty to Cooperate

(1) The service provided by Immigrant Spirit with regard to coaching sessions includes participation in the booked coaching sessions as well as any teaching material and a certificate of participation, where applicable.

(2) The success of coaching provided by Immigrant Spirit depends crucially on the client’s active and committed participation and cooperation.

The Client acknowledges that achieving their goals will not be possible, if they are unwilling, unable, or failing to submit at least ten (10) job postings per week. 

(3) The individual or “starter” package consists of up to two (2) hours of coaching. 

(4) The “Expats Job Offer by Summer” program includes the services listed and described on the Website at https://www.immigrantspirit.com/expats-job-miracle/ 

Immigrant Spirit will contact up to five (5) managers identified by the Client each week for the duration of the program. The Client shall send Immigrant Spirit the profile link from the LinkedIn profiles of the identified managers by each Tuesday to facilitate contact by the following days.

The “Expats Job Offer by Summer” program runs from 1 February to 30 June of the year of the booking. The program ends for all Clients on 30 June of the year of the booking – regardless of when they joined the program or the actual start date of the program.

(5) The “Expats Job Offer by Christmas” program includes the services listed and described on the Website at https://www.immigrantspirit.com/expats-job-miracle/

Immigrant Spirit will contact up to five (5) managers identified by the Client each week for the duration of the program. The Client shall send Immigrant Spirit the profile link from the LinkedIn profiles of the identified managers by each Tuesday to facilitate contact by the following days.

The “Expats Job Offer by Christmas” program runs from 1 September to 30 December  of the year of the booking. The program ends for all Clients on 30 December of the year of the booking– regardless of when they joined the program or the actual start date of the program.

§ 4 Prices, Due Date, Default of Payment

(1) The prices stated in the description of the respective Service and the booking confirmation are final prices in EUR and include the applicable statutory VAT and other price components. The prices valid at the time of booking shall apply.

(2) The invoice for the booked Services will be sent following the booking confirmation and payment of the amount specified in the booking confirmation. A binding appointment for the first coaching session will only be provided once Immigrant Spirit has received the specified payment amount in full.

If the Client has booked the “Expats Job Offer by Summer” program, the total cost is due in two (2) payments. The first payment of EUR 1.897 is due immediately to the bank account or Stripe account specified there. A binding appointment for the first coaching session will only be provided once this payment has been received in full by Immigrant Spirit. The current remaining amount of EUR **2.900 is due for payment two (2) weeks following the date of the first coaching session. When The Client joins the program after 31 January of the year of the booking, the remaining amount is due for payment two (2) weeks after the first coaching session. 

If the Client has booked the “Expats Job Offer by Christmas” program, the total cost is due in two (2) installments. The first payment of EUR 1,897.00 is due immediately to the bank account or Stripe account specified in the booking confirmation. A binding appointment for the first coaching session will only be provided once this payment has been received in full by Immigrant Spirit. The remaining amount of EUR *2.500 is due for payment on 30 August of the year of the booking. If the Client joins the program after 30 August of the year of the booking, the remaining amount is due for payment two (2) weeks after the first coaching session.

(3) The Client shall be in default at the latest if payment is not made within 30 days after the due date and receipt of an invoice or equivalent payment statement; this applies to a debtor who is a consumer only if the invoice or payment statement explicitly refers to these consequences. If the date of receipt of the invoice or payment statement is uncertain, a debtor who is not a consumer shall be in default at the latest 30 days after the due date and receipt of the consideration. From the occurrence of default, interest will be charged on amounts due at a rate of 5 percent above the base interest rate for consumers and 9 percent above the base interest rate for entrepreneurs. Immigrant Spirit reserves the right to prove higher damages.

(4) If the Client is more than four weeks in default with payment on an outstanding claim, Immigrant Spirit is entitled to declare all claims arising from the contractual relationship that are not yet due as immediately payable.

(5) Offsetting against claims of Immigrant Spirit is only permitted with counterclaims that are undisputed, recognized, legally established, or if the principal claim and the counterclaim are synallagmatic. The exercise of a right of retention is only permitted for counterclaims that are based on the same contractual relationship and are undisputed, recognized, legally established, or if the principal claim and the counterclaim are synallagmatic.

§ 5 Postponement and Cancellation of Appointments

(1) Immigrant Spirit reserves the right to postpone a booked appointment free of charge.

(2) Cancellations of appointments by the Client are only effective if made in writing (including via email). All claims for damages resulting from any cancellations are excluded. Immigrant Spirit does not provide reimbursement of travel, hotel, and/or similar costs incurred in connection with the cancelled appointment.

§ 6 Withdrawal Policy

The following right of withdrawal applies only to cancellation of Services concluded pursuant to these Terms and Conditions by consumers.

********************************************************

a) Right of Withdrawal

You have the right to withdraw from the contract within fourteen (14) days without giving any reason.

The withdrawal period is fourteen days from the date of conclusion of the contract.

In order to exercise your right of withdrawal, you must inform Immigrant Spirit of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or e-mail).

To meet the withdrawal deadline, it is sufficient for Immigrant Spirit to receive your notification of exercising your right of withdrawal before the withdrawal period has expired.

Please address your revocation to:

By mail:

Immigrant Spirit LLC

925 4th Ave STE 1900 

Seattle, WA 98104

By E-Mail: kevin@immigrantspirit.com

We will immediately send you a confirmation of receipt of your revocation.

b) Consequences of Revocation

If you withdraw from this contract, Immigrant Spirit shall reimburse you for all payments received, including the costs of delivery (with the exception of any supplementary costs resulting from your choice of a delivery method other than the least expensive type of standard delivery offered by us), without undue delay and in any event no later than fourteen (14) days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, Immigrant Spirit will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment.

End of the withdrawal policy

********************************************************

§ 7 Information on Warranty Law / Limitation Period

(1) Notwithstanding the right of withdrawal pursuant to § 6, the statutory warranty rights shall apply in accordance with the provisions under German law. This § 6 applies to all Clients, including both consumers and entrepreneurs.

(2) For entrepreneurs, the warranty period is limited to 12 months. For consumers, the statutory warranty period of 24 months applies.

(3) Immigrant Spirit shall be liable without limitation for damages arising from injury to life, body, or health caused by an intentional or negligent breach of duty by Immigrant Spirit, its legal representatives, or vicarious agents.

(4) Immigrant Spirit shall also be fully liable for other damages caused by intentional misconduct or gross negligence by its legal representatives or senior employees.

(5) For damages resulting from the breach of essential contractual obligations (cardinal obligations), Immigrant Spirit shall also be liable for simple negligence. In such cases, liability is limited to the foreseeable damage typical for the contract. Cardinal obligations are those whose fulfillment is essential to the proper execution of the contract and on whose compliance the contractual partner may regularly rely.

(6) Any further liability for damages other than those explicitly mentioned in this § 7 is excluded, regardless of the legal basis of the claim.

(7) The limitations of liability set out in this § 7 do not apply to liability under the German Product Liability Act (ProdHaftG), in cases of fraudulent concealment of defects, or where Immigrant Spirit has expressly assumed a guarantee.

(8) To the extent that the liability of Immigrant Spirit is excluded or limited, this also applies to the personal liability of its employees, workers, representatives, and vicarious agents.

§ 8 Disclaimer

(1) Neither Immigrant Spirit nor any of its principals, employees or agents, shall be liable for failure to fulfill contractual obligations in cases of force majeure. Force majeure refers to any unforeseeable, external event that cannot be prevented even with the utmost reasonable care. This includes, but is not limited to, natural disasters such as floods, earthquakes, storms, and fires; epidemics and pandemics; acts of war or armed conflict; civil unrest, riots, or revolutions; terrorism or sabotage; government orders or measures; strikes or lawful lockouts; and other similar extraordinary circumstances beyond the reasonable control of Immigrant Spirit.

(2) In no event will Immigrant Spirit, including any of its principals, employees and/or agents, be liable for any monetary or consequential damages, under any theory of liability, for any amount exceeding the amount of fees actually paid by Client to Immigrant Spirit.   

(3) Insofar as the liability of Immigrant Spirit is excluded or limited under these Terms and Conditions, such exclusion or limitation shall also apply to the personal liability of its principals, employees, staff, and representatives.

§ 9 Data Protection and Confidentiality  

(1) “Intellectual Property” within the meaning of this contract includes all current and future trademark rights, copyrights and related rights, design and patent rights, registered designs, and comparable protective rights.

(2) During the term of the contract, Immigrant Spirit grants the Client a simple, non-exclusive, non-transferable right to use the documents, materials, and content provided by Immigrant Spirit strictly for purposes related to the agreed Services and only within the Federal Republic of Germany. The Client is not authorized to grant sublicenses or to transfer these usage rights to third parties.

(3) During the term of the contract, the Client grants Immigrant Spirit a simple, non-exclusive right to use any materials or content submitted by the Client in connection with the Services, worldwide and for the purposes of providing the Services or associated functionalities. Immigrant Spirit may also permit its agents and subcontractors to use such materials to the same extent.

(4) Immigrant Spirit retains the sole copyright to all documents, materials, and content created by or on behalf of Immigrant Spirit in the course of providing Services. This includes all audio and/or video recordings of webinars, seminars, or coaching sessions prepared or generated in the course of providing Services. Any reproduction, distribution, or unauthorized use of such materials is strictly prohibited. Any recording of audio and/or video during any training session by participants, guests or third parties is strictly prohibited. Any violation of this provision will result in immediate exclusion from the coaching or seminar without compensation. Immigrant Spirit reserves the right to pursue further legal action in case of infringement.

(5) Immigrant Spirit is committed to maintaining strict confidentiality regarding all information that becomes known in the course of providing Services to the Client. This obligation to maintain confidentiality extends beyond the termination of Services and shall remain in effect for one (1) year after the end of the Services. 

(6) Client information will only be used within the scope of the assignment, specifically for purposes related to the performance of the Services. All Client information will be securely protected against unauthorized access and will not be disclosed to third parties without the Client’s prior consent, except where required by law, or upon judicial or official order. Immigrant Spirit will store and process Client personal data in compliance with applicable data protection regulations, including the General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (Bundesdatenschutzgesetz). 

(7) Further information regarding the processing of Clients’ personal data can be accessed under the Privacy Policy available at the following link on our website: https://www.immigrantspirit.com/wpautoterms/privacy-policy/

§ 10 Place of Jurisdiction / Applicable Law / Contract Language

(1) German law shall apply to the contractual relationship as well as to all disputes arising in connection with it, excluding the conflict of laws rules of private internation law (IPR) and the United Nation Convention on Contracts for the International Sale of Goods (CISG); this shall also apply in particular to bookings from another country. The statutory provisions regarding limitations to the choice of law and the applicability of mandatory consumer protection laws, particularly those of the country in which the Client as a consumer has their habitual residence, shall remain unaffected.

(2) Place of jurisdiction for all disputes arising from the contractual relationship shall be Germany. In the event of a legal dispute with a consumer, Immigrant Spirit assures to agree to a place of jurisdiction in Germany without complaint. 

(3) The contract language is exclusively English. 

Should individual provisions of these Terms and Conditions be or become invalid or incomplete, this shall not affect the legal validity of the remaining Terms and Conditions. In place of the invalid or incomplete provision of these Terms and Conditions, a valid provision shall be deemed to have been agreed which comes closest to the original intention of the parties.

§ 11 Provider Identification:

Kevin Kocher, Managing Director, Immigrant Spirit LLC

VAT ID: DE366373877

Henriettenstraße 77

20259 Hamburg

Germany (DE)

kevin@immigrantspirit.com

www.immigrantspirit.com

§ 12 Extrajudicial Online Dispute Resolution (ODR platform)

The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), which can be accessed at www.ec.europa.eu/consumers/odr.

Immigrant Spirit is not obligated to participate in dispute resolution procedures before a consumer arbitration body and does not voluntarily participate in such procedures.