Counseling Agreement (Template, Self-Payer)

What is this agreement for?

Counseling, coaching, and therapy are, in legal terms, service contracts (§§ 611 et seq. BGB [German Civil Code]). From the very first appointment, mutual obligations arise — fee, confidentiality, cooperation, disclosure. A written agreement makes these transparent and provable. It protects the counselor against unpaid cancellations and unclear expectations — and above all the client, who thereby knows what they are getting into.

Three concrete reasons support the written form: professional associations (DGSF, SG, DPtV, individual chambers) now expressly require it. The GDPR (Art. 6, 7, 9) requires written consent for health data in any case. And in the event of a dispute, the agreement is the most important piece of evidence. Particularly delicate: anyone who uses the same fee schedule repeatedly is thereby using general terms and conditions within the meaning of § 305 BGB — clauses must be clearly brought to the other party's attention and signed, otherwise they are invalid.

Distinction between counseling and medical treatment: Anyone working without a license to practice (Approbation) or a Heilpraktiker (alternative practitioner) permit may not treat, but only counsel. This distinction must be unambiguous in the agreement — to protect the client and to defend against the accusation of unauthorized practice of healing arts (§ 5 HeilprG [Heilpraktiker Act]). A merely formal clause is not enough: anyone who in fact provides treatment risks criminal prosecution and the loss of professional liability cover.

Contents: §1 Contracting parties · §2 Subject matter · §3 Remuneration · §4 Confidentiality · §5 Data protection · §6 Liability & cooperation · §7 Term · §8 Miscellaneous · Contract template to copy · FAQ · Checklist · Sources.

§1 — Contracting parties

Explanation. The signature establishes who the contracting party is and from whom the fee or information may be demanded. In couples counseling, both are jointly liable, but may terminate individually. The professional title is critical: anyone who calls themselves a "therapist" without being licensed (approbiert) or admitted as a Heilpraktiker risks criminal prosecution under § 132a StGB [German Criminal Code] — use precise activity descriptions ("Systemic Counselor (DGSF)", "Coach"). The professional liability insurance details are the first question in the event of a claim.

§2 — Subject of the counseling

Explanation. Counseling is a promised effort, not a promised outcome (service contract, not contract for work) — the fee cannot be reclaimed because a goal was not reached, provided the work was carried out with due care. The negative distinction "not a medical treatment" protects against the accusation of unauthorized practice of healing arts, but must be lived: where a mental illness is recognizable (depression, trauma sequelae, suicidality, psychosis), addressing it and making a referral are part of the duty of care. The open-ended wording in para. (5) prevents disputes over "goals not reached".

§3 — Remuneration and payment terms

Explanation. The cancellation fee is the most frequent point of dispute. The 24-hour rule has been confirmed by case law — but only as a general-terms clause with an exception rule; rigid clauses may be invalid under § 307 BGB. With a medical certificate, the cancellation fee is waived; in cases of "didn't feel like it" or forgetting, it falls due. Counseling fees are not a health insurance benefit (except at publicly funded counseling centers). With small-business status, carry the reference to § 19 UStG on every invoice. Pure counseling/coaching is subject to VAT as soon as the threshold (currently EUR 22,000 prior-year turnover) is exceeded.

§4 — Confidentiality and secrecy

Explanation. Confidentiality is the foundation of the counseling relationship — what is told here stays in the room, even after the end of the agreement. The exceptions are narrow: the client's own release (revocable at any time), acute danger, statutory duty to provide information; anonymized supervision is customary in the profession. The most common trap: overestimating one's own confidentiality status. Anyone who is not licensed (approbiert) and does not work in a criminally protected setting (§ 203 StGB) is not subject to a criminally enforced duty of confidentiality — in court there is then no right to refuse to testify (§ 53 StPO [German Code of Criminal Procedure] lists this conclusively). Heilpraktiker for psychotherapy have, since the Federal Constitutional Court's ruling in 2004, in principle not fallen under § 203 StGB. Do not apply the necessity clause reflexively — document the balancing of interests. In cases of child endangerment, § 4 KKG [Cooperation and Information in Child Protection Act] applies (graduated procedure).

§5 — Data protection and data processing

Explanation. The GDPR protects particularly sensitive counseling data. The client may request access, rectification, and erasure — the latter only within the framework of statutory retention periods (fee records 10 years, tax law trumps data protection law). The GDPR is the most frequently underestimated risk: record of processing activities under Art. 30, technical measures, response to access requests within one month. The Art. 9 consent must be given expressly and granularly — hence as a separate document. Genogram data are a special case: they contain information about third parties (parents, grandparents) who do not consent themselves — the household exemption (Art. 2(2)(c)) does not apply to professional processing. Store briefly, secure technically.

§6 — Liability and cooperation

Explanation. The limitation of liability follows the case law of the Federal Court of Justice (BGH): intent and gross negligence can never be excluded, slight negligence only to a limited extent, damages to body/health/life never. A blanket exclusion of liability voids the entire clause (§ 309 No. 7 BGB). Professional liability insurance is de facto existential — minimum cover of EUR 1 million (HDI, Gothaer, Allianz, PSY-Versorgung). The duty to cooperate is central: anyone who conceals parallel therapy, substance use, or an acute crisis endangers the counseling — counselors may and must then adjust or end the setting.

§7 — Term and termination

Explanation. Service contracts may be terminated at any time under § 627 BGB in relationships of trust — minimum-term clauses would be invalid. The client needs no justification; an email suffices. Pauses leave the agreement in place. On the counselor's side, the duty to avoid untimely termination (§ 627(2) BGB) is central — termination may not leave the client without follow-on care; offer a colleague referral. If an indication for medical treatment arises (suicidality, acute psychosis), ending the engagement and making a referral are part of the duty of care — continued support could constitute unauthorized practice of healing arts.

§8 — Miscellaneous (final provisions)

Explanation. For an online contract conclusion without personal initial contact, a 14-day right of withdrawal applies — anyone who fails to provide proper instructions extends the period to up to 12 months and 14 days (§ 356(3) BGB). The withdrawal instructions must derive from the official template (Art. 246a § 1(2) EGBGB [Introductory Act to the German Civil Code]) — not a self-made version. The VSBG declaration is mandatory; silence can be subject to a cease-and-desist warning. Blanket jurisdiction clauses against consumers are often invalid (§§ 13, 29 ZPO). The severability clause is standard, but does not protect against completely invalid core clauses.

FAQ — Six key client questions

1. How is billing handled, and what if I cancel at short notice? As a rule per session — after each session or collected monthly, payable within 14 days. For cancellation more than 24 hours in advance, no costs arise. For shorter notice or failure to attend, the full fee falls due, unless you are demonstrably ill (medical certificate). Therefore, book appointments that you can definitely keep.

2. Do I get a receipt for my health insurance or insurer? You receive an invoice with all required details. Counseling/coaching is not a medical treatment and is generally not reimbursed by statutory health insurance. Some private supplementary insurances, civil-servant allowances (Beihilfe), or employer programs do pay — please inquire there specifically.

3. Can you inform my general practitioner? Only with your express written consent — and only to the extent you wish. For this we prepare a release from the duty of confidentiality that specifies exactly what is passed on to whom. You can withdraw this declaration at any time. Without it, we remain silent toward family, general practitioner, and everyone else as well.

4. What if I am not satisfied with the counseling? Please address it directly — in many cases the setting can be adjusted. If the fit is not right, you can terminate at any time (email suffices) with no follow-on costs. For professional-association complaints, the complaints office of our professional association is open to you.

5. Can my data be passed on? No — except in two exceptions: First, with your consent (e.g. information to a general practitioner). Second, in acute danger situations (concrete risk of suicide, endangerment of a child's welfare) in which statutory duties exist. Anonymized supervision by colleagues bound to confidentiality is customary in the profession and protects you no less.

6. What to do in a mental-health emergency? Counseling is not the right place for acute emergencies. Contact immediately: the medical on-call service 116 117, emergency number 112, the telephone counseling service (Telefonseelsorge) 0800/111 0 111 (free of charge, 24/7). A psychiatric emergency room is available at any time. If such a situation arises during the counseling phase, talk to us — we will help find suitable assistance.

Adaptation checklist before use in practice

Before use in a client context, all points should be clarified with a specialist lawyer:

☐ Contracting-party fields filled in (name, address, professional title)
☐ Concrete fee inserted (no placeholder "X EUR"!)
☐ Session length and frequency established
☐ Cancellation-fee rule adapted to your own practice
☐ Check the VAT note (small business owner yes/no, § 19 UStG)
☐ Adapt the confidentiality clause to your profession (§ 203 StGB applicable?)
☐ GDPR consent attached or linked (Annex 1)
☐ Professional liability insurance active? Sum insured ≥ 1 million EUR?
☐ Place of jurisdiction set to your own federal state; for consumer contracts, check the clause
☐ For online setting: official withdrawal instructions (Art. 246a § 1 EGBGB!)
☐ VSBG declaration (§ 36) — declare participation/non-participation
☐ For a therapy setting, professional requirements (license/Approbation, chamber)
☐ Signature field for both parties (for couples: all involved)
☐ Contract text reviewed by a specialist lawyer for medical/social/professional law
☐ Release from the duty of confidentiality (Annex 3) provided as a blank form
☐ Internal: agreement entered in the record of processing activities (Art. 30 GDPR)
☐ Internal: retention routine (10 years fee records, 3–10 years documentation)

Sources and further reading

• §§ 611 et seq. BGB — Service contract law; § 627 BGB on termination in relationships of trust.
• § 615 BGB — Default of acceptance, the basis for the cancellation fee.
• §§ 305 et seq. BGB — Law on general terms and conditions; §§ 307, 309 on content review.
• § 312g in conjunction with § 356 BGB — Right of withdrawal for distance selling; official template Annex 1 to Art. 246a § 1(2) EGBGB.
• § 203 StGB — Criminally protected duty of confidentiality; conclusively enumerated professions.
• § 34 StGB — Justifying necessity for breaking the duty of confidentiality.
• § 132a StGB — Criminal liability for unauthorized use of titles ("therapist").
• § 5 HeilprG — Prohibition of unauthorized practice of the healing arts.
• § 53 StPO — Right to refuse to testify; only conclusively named professions.
• § 630f BGB — Documentation obligation for medical treatment (a model for counseling documentation).
• GDPR Art. 6, 7, 9, 13, 28, 30 — Legal bases; Art. 9 particularly strict for health data.
• § 4 KKG — Graduated procedure for endangerment of a child's welfare for those bound by professional secrecy.
• § 19 UStG — Small-business regulation (threshold currently EUR 22,000).
• § 36 VSBG — Duty to inform about (non-)participation in arbitration.
• DGSF (dgsf.org), Systemische Gesellschaft (systemische-gesellschaft.de), BPtK (bptk.de), VDH (vdh-heilpraktiker.de) — Professional associations with clause recommendations.
• BVerfG, Beschluss 02.03.2004, 1 BvR 2098/01 [Federal Constitutional Court, ruling of 02.03.2004] — Confidentiality status of Heilpraktiker for psychotherapy.
• Lambertus-Verlag — "Verträge in der Sozialen Arbeit" [Contracts in Social Work] (a standard reference with annotated templates).

For every source: in the specific case in practice, obtain legal review before adopting a clause. Laws and case law change — this template is a snapshot as of 2026-06-03.