Coaching Contract Switzerland: Template, Clauses, and Legal Foundations

A coaching contract in Switzerland is legally a simple mandate under Art. 394 ff. of the Code of Obligations and requires eight clauses:

• Scope of services and demarcation from therapy
• Fee, VAT notice (threshold CHF 100,000) and payment terms
• Cancellation policy with a 24-hour window and tiered fees
• Data protection under the revised DSG; fines up to CHF 250,000
• Confidentiality, liability cap, termination (Art. 404 CO), jurisdiction

This article provides the annotated template. Each clause comes with sample wording, rationale, and the relevant Swiss legal basis.

This article is not legal advice. For your specific situation, consult a Swiss lawyer.

Do I need a written coaching contract in Switzerland?

A written coaching contract is not legally required in Switzerland, but practically indispensable. Coaching contracts are form-free: you can conclude them verbally, by WhatsApp, or with a handshake. The Code of Obligations does not require written form for mandates under Art. 394 CO. Still, working without a written basis means risking significant time and money if a dispute arises about fees, confidentiality, or termination.

This matters because coaching is a relationship business, and relationships need to withstand tension. The moment a client becomes dissatisfied, terminates early, or contests an invoice, you need evidence of what was agreed. A written contract delivers exactly that.

Three concrete risks with verbal agreements:

• Fee dispute: The client claims after the third session that they assumed a flat-fee package. You, however, billed per session.
• No-show without consequences: The client cancels 30 minutes before the session. Without a written cancellation policy, you can claim the fee by CO interpretation, but you must defend it in court if challenged.
• Confidentiality breach: You mention "anonymously" what a client is working on to a colleague. The client recognizes themselves. Without a clearly documented confidentiality framework, the legal situation is unclear.

Lara Meier, Business Coach in Winterthur with MLaw and recognised coaching certification, puts it this way: "I added three clauses to every coaching contract after my first dispute case: a precise cancellation policy with concrete deadlines, an explicit data protection section with a processing register, and a clear liability cap on the annual fee. For my first two years as a coach, I worked without a proper contract. Today I know that a contract is not a vote of no confidence in the client; it is a gesture of clarity."

Read also: Datenschutz im Coaching: Was die revidierte DSG seit September 2023 verlangt

What legal framework applies to a coaching contract in Switzerland?

Coaching contracts fall legally under mandate law per Art. 394 ff. of the Code of Obligations. Coaching is a paid service without a guaranteed outcome: you owe diligent work, not a specific result. This is the classic scope of the simple mandate, not a contract for work. The Federal Supreme Court treats all service contracts without a promised outcome, from lawyer representation through property management to teaching contracts, as simple mandate or mandate-like contracts with the mandatory application of Art. 404 CO.

The most important CO provisions your contract must mirror:

• Art. 394 CO: Definition of the mandate; remuneration is due if agreed or customary.
• Art. 398 CO: Duty of care of the mandatary. You must work according to the rules of the coaching profession.
• Art. 400 CO: Duty to render account. You must inform the client about your activity upon request.
• Art. 402 CO: Reimbursement of expenses. Advances made by the mandatary can be reclaimed.
• Art. 404 CO: Right of either party to terminate at any time. Mandatory, not waivable.

This matters because many coaching contract templates imported from Germany contain binding clauses that are simply invalid in Switzerland. A clause like "The contract is fixed for 12 months and cannot be ordinarily terminated" contradicts the mandatory rule of Art. 404 CO and is therefore null and void.

Concretely for your template: you can regulate what happens upon early termination (cancellation fees, work already performed), but you cannot exclude termination itself.

Which eight clauses belong in a professional Swiss coaching contract?

Eight clauses fully cover the critical risks of a coaching mandate. They are the minimum that Lara Meier added to every template after her first dispute case, and they are also established as standard in Swiss coaching practice. The order follows the typical contract structure, not the legal importance.

• Clause 1: Scope of services
• Clause 2: Fee and payment terms
• Clause 3: Cancellation and no-show policy
• Clause 4: Data protection and DSG compliance
• Clause 5: Confidentiality
• Clause 6: Liability and liability cap
• Clause 7: Termination
• Clause 8: Jurisdiction and applicable law

Each clause has sample wording, a rationale, and a reference to the relevant legal basis. You can use the texts as a starting point and adapt them to your practice.

Clause 1: How do I precisely formulate the scope of services?

The scope of services defines exactly what you will deliver as a coach. This clause is the anchor for every later discussion about scope of work, outcome dependence, and demarcation from other services like therapy or consulting. It protects you from expectations you never took on.

Sample wording:

Scope of services. The coach provides business coaching services in career development for the client. Coaching within the meaning of this contract includes structured reflection conversations, method-led guidance of goal clarification and decision making, and support in implementing professional change. Coaching is explicitly not psychotherapy, not medical treatment, and not legal or tax consulting. Where signs indicate a therapeutic indication, the coach refers the client to an appropriate specialist. The coach owes diligent activity, not a specific outcome.

This matters because coaching is not a protected term in Switzerland and the demarcation against therapy, consulting, and mentoring is legally relevant. Anyone promising therapeutic effects as a coach risks proceedings for unauthorized medical treatment under cantonal health law. The clause clarifies that you work within mandate law and guarantee no outcome, which exactly matches Art. 394 CO.

If you work with companies (B2B), add to this clause clarity on who the client is (company or coachee) and what information flows to whom.

Read also: Coaching vs. Therapie vs. Beratung vs. Mentoring: Wer macht eigentlich was?

Clause 2: How do I structure fees and payment terms securely?

The fee must be named concretely in Swiss francs, with a clear statement on VAT and a precise payment date. This clause is the economic foundation of your mandate and at the same time the Achilles' heel of many coaching contracts, because imprecise fee clauses lead to lengthy disputes.

Sample wording:

Fee and payment. The fee is CHF 200 per session of 60 minutes. With an annual revenue of the coach below CHF 100,000, no VAT is charged. The invoice is issued after each session or after completion of an agreed package and is due within 30 days from the invoice date. In case of late payment, a default interest of 5 percent per year is owed (Art. 104 CO). Reminder fees from the second reminder onward are CHF 25 per reminder. Advanced expenses are billed separately.

This matters because in the absence of a clause, statutory default interest under Art. 104 CO does apply automatically, but only after a formal reminder. Anyone wanting reminder fees or higher interest must agree on them contractually. The VAT threshold of CHF 100,000 annual revenue from Switzerland and abroad combined arises from the VAT Act, administered by ESTV. Anyone below this threshold is not VAT-liable and should declare this on the invoice.

Concretely for your practice: issue invoices promptly, document services per session, and use modern billing systems, which automate dunning and payment reminders. Manual reminders are a frequent failure path, especially for small amounts.

Read also: Rechnungen schreiben als Coach: Pflichtangaben und MwSt-Praxis

Clause 3: How do I regulate cancellations, no-shows, and cancellation fees?

The cancellation policy defines what happens when the client cancels a scheduled session too late or not at all. It is the most discussed clause in dispute cases because it directly affects the fee claim. Without this clause, you do have a fee claim by CO interpretation, but you must justify it in each case.

Sample wording:

Cancellation and cancellation fees. Scheduled sessions can be rescheduled by the client up to 24 hours before the appointment at no charge. If cancelled between 24 and 2 hours before the start, 50 percent of the session fee will be charged. If cancelled within 2 hours before the start or no-show, the full session fee is owed. The cancellation fee is waived for verifiable illness, accident, or force majeure. The coach reserves the right to reschedule the appointment without cancellation fee for the client in case of own unavailability.

This matters because Swiss practice in coaching, therapy, and similar services has settled on a 24-hour deadline as a fair threshold. Anyone setting shorter deadlines (4 or 6 hours) appears unprofessional. Anyone demanding longer deadlines (48 or 72 hours) risks the clause being perceived as excessive. The 50 percent threshold in the middle window is a common compromise between leniency and cost coverage.

Important for legal enforceability: define how the cancellation must be made (email, SMS, calendar link with timestamp). Verbal cancellations without confirmation are difficult to prove in dispute. If you work via a platform with automated appointment booking, the timestamp of the cancellation is automatically documented.

Clause 4: What must I consider for data protection in the coaching contract?

Data protection is no longer a courtesy since 1 September 2023 with the revised DSG; it is a contractual and legal obligation. The clause must clarify which data you process, for what purpose, and with which third parties they are shared. Fines for information duty violations reach up to CHF 250,000 under Art. 60 ff. DSG.

Sample wording:

Data protection and DSG. The coach processes the client's personal data exclusively for the purpose of fulfilling the contract. Processed data includes contact data, coaching notes, appointment data, and possibly billing data. The data is stored for the duration of the mandate and up to 10 years thereafter (retention period under Art. 958f CO for business records). The coach maintains a processing register under Art. 12 DSG if the threshold is reached. The client has at all times a right of access under Art. 25 DSG and a right to rectification and deletion, insofar as statutory retention obligations do not preclude this. For data transfers to third countries (e.g. video conference providers based in the USA), the requirements of Art. 16 ff. DSG apply.

This matters because coaching notes typically contain especially sensitive personal data. Notes about psychological strain, relationships, or health topics fall under Art. 5 lit. c DSG (especially sensitive personal data) and require enhanced protective measures, especially extended consent.

Concretely for your practice: maintain a simple processing register that lists at minimum the data categories, the purpose, the retention period, and the recipients. Use video conference tools with transparent data processing (Swiss providers or those with transparent EU compliance). Anyone working with third countries (e.g. Zoom with US servers) must inform the client about this in the contract or in a separate privacy notice.

Read also: Datenschutz im Coaching: Was die revidierte DSG seit September 2023 verlangt

Clause 5: How do I regulate confidentiality as a coach with legal certainty?

Confidentiality is the foundation of the coaching trust relationship and must be secured in writing. It differs from data protection because it does not only cover personal data, but all session content, even if not personally identifiable. The code of ethics of internationally recognised coaching bodies demands it as a professional standard; Swiss law sets additional mandatory limits.

Sample wording:

Confidentiality. The coach commits to treating all content from coaching sessions, notes, and correspondence confidentially and not to pass it on to third parties unless the client agrees in writing. Confidentiality applies indefinitely, including after contract end. Exceptions exist where there is a legal disclosure obligation (e.g. towards criminal authorities), where there is reasonable suspicion of self-harm or harm to others (self-defence and necessity under StGB), and for anonymised use in supervision or further training. If a company pays for the coaching of an employee, the principal is informed exclusively about topics and progress indicators, never about session content.

This matters because the legal basis of confidentiality without a contract is weak. Coaches have no professional secrecy under Art. 321 StGB like lawyers or doctors. What you want to treat as confidential must be secured contractually. In dispute, an explicit confidentiality section is the decisive evidence.

Recognised coaching standards additionally require that you inform clients about the limits of confidentiality before contract start, especially about the exceptions in case of danger. This obligation from the coaching code of ethics 2025 is professionally binding if you hold a recognised certification.

Clause 6: How do I limit my liability as a coach?

A liability cap protects you from existence-threatening damage claims for coaching-related issues. It is possible under mandate law, but bound to clear limits: you cannot exclude intent and gross negligence; Art. 100 CO prohibits this.

Sample wording:

Liability. The coach is liable for slight negligence only up to the amount of the fee agreed for the current contract year, but at most CHF 20,000. For intent and gross negligence, the coach is liable without limit under statutory provisions (Art. 100 CO). The coach is not liable for decisions the client makes based on the coaching sessions, because coaching is based on the client's personal responsibility. The coach has professional liability insurance with a coverage of at least CHF 1 million.

This matters because mandate law under Art. 398 CO obliges the coach to diligence without setting an upper liability limit. Theoretically, clients could claim damages of any amount upon proven negligence, e.g. for lost profit after a wrong career decision. A contractual liability cap on the annual fee or a fixed ceiling is therefore standard, legally permissible, and insurance-technically sensible.

Lara Meier adds: "The most important clause is not the liability cap itself, but the sentence that coaching is based on personal responsibility. Coaching is accompanying reflection, not consulting with a recommendation character. Anyone who makes this clear in the contract has a much stronger position when a client later thinks a coaching session led them to a poor decision."

Professional liability insurance is part of the basic equipment of a professional coach. It protects against precisely those cases the liability clause does not cover (gross negligence) and against claims you could not individually shoulder.

Clause 7: How do I regulate the termination of the coaching contract?

The termination clause defines how and under what conditions the contract ends. The right of termination at any time under Art. 404 CO cannot be excluded, but you can regulate the consequences of early termination, especially for paid coaching packages.

Sample wording:

Termination. The contract can be terminated by both parties at any time without giving reasons, in writing or by email (Art. 404 CO). For termination by the client: sessions already performed are owed in full; packages not yet used are refunded proportionally, less any cancellation costs for reserved but not cancelled appointment slots. For termination by the coach for important cause (e.g. breach of trust, payment default), no refund obligation arises. Termination "at an inopportune time" (Art. 404 para. 2 CO) obliges the terminating party to compensate damages thereby caused.

This matters because the Federal Supreme Court confirms in established jurisprudence that Art. 404 CO is mandatory and also applies to long-term mandates. In decision 4A_437/2008, a teaching contract was explicitly qualified as mandate-like, to which Art. 404 CO applies without restriction. Coaching contracts stand legally in the same line.

The "termination at an inopportune time" under Art. 404 para. 2 CO requires compensation when someone breaks off mid-critical coaching phase without reason and concrete damage arises for the other party. In practice this is rare, but the clause should mention the point so both parties know that termination can have consequences.

If you sell long-term coaching packages or structured coaching programs, the proportional refund is the central mechanism. You cannot retain the full package price if the client terminates after three of ten sessions. That would be an attempted circumvention of Art. 404 CO and not enforceable in dispute.

Clause 8: Which jurisdiction and which law apply?

The jurisdiction determines where disputes are settled; the applicable law determines under which legal system they are decided. For purely national mandates between Swiss parties this is simple; for international coaching mandates the clause becomes more complex.

Sample wording:

Jurisdiction and applicable law. This contract is governed exclusively by Swiss law. The exclusive jurisdiction for all disputes is the seat of the coach, subject to mandatory jurisdictions under the Swiss Code of Civil Procedure (especially Art. 32 ZPO for consumer disputes). The parties commit to attempting an amicable agreement before any action, possibly with the involvement of mediation.

This matters because Swiss civil procedure law prioritizes consumer protection in consumer contracts. Under Art. 35 para. 1 lit. a ZPO, the consumer cannot waive the consumer jurisdiction before dispute arises. A clause that sets the jurisdiction in a classic B2C coaching contract only at the coach's seat can be ignored by the customer in the consumer case, who then sues at their place of residence.

In B2B coaching (coaching of self-employed persons or by companies for employees), this consumer protection limitation does not apply. Here you can freely agree on the jurisdiction.

Concretely for your template: a clause on jurisdiction and applicable law belongs in every contract, even if in B2C mandates in Switzerland it is only partially enforceable. For international mandates (client abroad) you must additionally keep the International Private Law Act (IPRG) in mind. There the legal specifics of cross-border coaching are explained in detail.

Where do I get a complete coaching contract template for Switzerland?

A complete coaching contract template is created by combining the eight clauses plus party master data and signature block. You can put together the sample texts from this article directly and adapt them to your practice. Three master-data blocks at the start are important:

• Parties: Full name or company, address, UID number where applicable
• Contract start and mandate scope: Concrete date, number of sessions or duration, extension rules if any
• Authority of representation (B2B): Where a company signs the contract, name the authorized signatories explicitly

This matters because signatures without clear identification of the parties can become problematic in disputes. In B2B mandates, the authority of representation is a frequent point of dispute: who is the contractual partner, the employee or the company? Who bears payment, who has the confidentiality rights?

A serious template also has a reference to the scope of the coach's general terms (where applicable) and a severability clause: if a clause is invalid, the rest of the contract remains valid. This standard clause is not legally mandatory but practically helpful in case a clause is declared null and void in dispute.

Read also: Abrechnungssysteme für Coaches: Zahlungsanbieter, Bexio und die Praxis

How do I proceed when a client sues against the cancellation-fee clause?

Most disputes in coaching contracts revolve around cancellation fees or refunds in early termination. The legal situation is clear, but practice requires diplomacy. Three steps typically lead to resolution without court proceedings.

• Step 1: Written clarification. Refer in writing to the signed clause and to the time of cancellation (email header, calendar entry). In most cases, the reminder of the written agreement suffices.
• Step 2: Mediation or conciliation. If the client does not pay, low-threshold mediation or the cantonal conciliation authority under Art. 197 ff. ZPO can help. Conciliation is mandatory before action in civil disputes below CHF 100,000.
• Step 3: Action at the Justice of the Peace. For amounts up to CHF 30,000, the Justice of the Peace is competent. Proceedings are inexpensive and fast, but lawyer fees often arise anyway. Only at this stage does the effort for the coach typically become greater than the amount in dispute justifies.

This matters because many coaches forego cancellation fees out of conflict aversion and thereby erode their own economic viability. A clear, enforced cancellation policy is not unfriendly; it is professional expectation management. Clients who repeatedly cancel at short notice benefit from the clause themselves because it raises their own commitment and thereby improves the coaching process.

Concretely for your practice: actively communicate the cancellation policy at contract signing, not hidden in the general terms. Anyone who transparently mentions the clause in the first meeting has a much stronger position in dispute.

How do I integrate the coaching contract into my booking process?

The contract must be signed before the first session, otherwise the clauses may not apply in dispute. Three field-tested integration paths have established themselves in Swiss coaching practice.

• Path 1: Contract sent before the first meeting. You send the contract with the appointment confirmation of the first session by email. The client signs digitally (e.g. via Adobe Sign or Skribble) and returns it. Advantage: high legal commitment. Disadvantage: high threshold before the first conversation; some clients drop off.
• Path 2: Verbal agreement in the first meeting, contract afterward. You explain the key points (fee, cancellation policy, confidentiality) in the discovery call and then send the written contract. The client signs before the first paid session. Advantage: lower entry threshold. Disadvantage: the unbinding first meeting is not yet contractually secured.
• Path 3: Platform integration. When booking through a coaching platform, the client implicitly accepts the platform's terms and your individual contract components. Advantage: fully automated, no manual contract management. Disadvantage: you must ensure that the platform terms correctly reflect your clauses.

Lara Meier uses Path 2: "I take the first meeting without a contract, simply to see whether the chemistry is right. Before the first real session, I send the contract and wait for the signature. That is the balance between openness and legal clarity."

How can bondigoo help you with contract handling?

A clean coaching contract is the foundation; contract handling is the daily reality. On bondigoo, the most important contract components are built into the platform workflow, so you can focus on coaching instead of administration.

Specifically, the platform supports:

• Fee and payment: payment-provider-based billing with automatic VAT detection, invoice dispatch, and dunning. Default interest and reminder fees under Art. 104 CO are calculated automatically.
• Cancellation and cancellation fees: Automated appointment booking with a timestamp for every cancellation. No-show fees are levied according to your cancellation policy.
• Data protection: DSG-compliant data handling in Switzerland, processing register templates, and access-right workflows for clients.
• Confidentiality: Integrated client management with access logging and secure note function. Session notes are not shared with third parties.
• Programs: For structured coaching programs, refund rules under Art. 404 CO are built in automatically; proportional refunds are calculated for you.

Anyone with a clean coaching contract and a platform workflow that actively reflects the clauses reduces the most frequent points of dispute: fee disputes, no-show frustration, data protection questions, confidentiality breach. That is not only legally cleaner, but also operationally much more relieving.

Frequently Asked Questions (FAQ)

Do I need a written coaching contract in Switzerland?

Legally no, practically indispensable. Coaching contracts under Art. 394 CO are form-free and can be concluded verbally. Without a written basis, however, you have a difficult evidentiary position in any dispute (fees, cancellation fees, data protection, confidentiality). Lara Meier put it well: "I added three clauses to every coaching contract after my first dispute case." On bondigoo, the most important contract components are already embedded in the platform workflow.

Which clauses belong in a coaching contract?

Eight clauses cover the critical risks: scope of services, fee and payment, cancellation and no-show policy, data protection under DSG, confidentiality, liability and liability cap, termination under Art. 404 CO, and jurisdiction. Each clause has a clear purpose and a specific legal basis. A platform with automated appointment booking reflects many of these clauses in the operational workflow.

How do I regulate cancellations and no-shows contractually?

With a tiered cancellation policy: free rescheduling up to 24 hours before the appointment, 50 percent cancellation fee for cancellation between 24 and 2 hours, full cancellation fee for shorter notice or no-show. Exceptions for illness and force majeure. The legal basis for cancellation fees is the freedom of contract under Art. 19 CO. Anyone using a platform with a booking system has the timestamp of the cancellation automatically documented.

What must I consider for data protection in the coaching contract?

Since the revised DSG of 1 September 2023, you must inform clients about data processing (Art. 19 DSG): which data, for what purpose, how long stored, to whom passed. Coaching notes are often especially sensitive personal data and require enhanced care. Information duty violations face fines up to CHF 250,000. The detailed guide on data protection in coaching explains the operational implementation.

How do I limit my liability as a coach?

With a liability cap for slight negligence on the annual fee or a fixed ceiling (e.g. CHF 20,000). Intent and gross negligence cannot be excluded under Art. 100 CO. Important additionally is the personal-responsibility note: client decisions based on coaching sessions lie in the client's responsibility. Professional liability insurance with at least CHF 1 million coverage is standard. On bondigoo, you find coaches who transparently disclose their insurance situation.

Does the Code of Obligations apply to coaching contracts?

Yes, in full. Coaching contracts are simple mandates under Art. 394 ff. CO. That means: duty of care under Art. 398 CO, duty to render account under Art. 400 CO, right of termination at any time under Art. 404 CO. The Federal Supreme Court treats coaching-like service contracts as mandate-like in established jurisprudence. The demarcation between coaching, consulting, therapy, and mentoring is also legally relevant because other contract types (e.g. treatment contracts in psychotherapy) have other rules.

What happens if the client terminates early?

Under Art. 404 CO, the client can terminate at any time; the right of termination is mandatory and cannot be waived. Sessions already performed are owed in full. Packages not yet used are refunded proportionally, less cancellation costs for reserved appointments. A termination "at an inopportune time" (Art. 404 para. 2 CO) requires damages, in practice rarely relevant. With structured coaching programs, proportional refund rules are built in automatically, so you do not have to calculate manually.

Ready for the next step? Start your professional coaching business on bondigoo