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General terms and conditions

Article 1. Definitions In these general terms and conditions, the following definitions apply:

  • Coach: Hendry Kooistra, independent lifestyle-vitality coach and personal calisthenics trainer.

  • Client/Customer: The individual who follows a lifestyle-vitality program, consultation, and/or personal training at Hendry Lifestyle & Movement.

  • Practice location: The location where the coach's practice is carried out. This may also be at the client's home, outdoors in nature, or at a sports facility.

Article 2. General These general terms and conditions apply to every service or matter purchased unless a new set of general terms and conditions has been presented to the client upon entering into the relevant agreement. The coach coaches the client at the agreed practice address unless otherwise agreed between the parties. These terms remain in force if Hendry Lifestyle & Movement changes name, legal form, or ownership.

Article 3. Basis The coach can advise and guide the client both on a personal basis and based on a formal referral from a physician. In the latter case, the coach keeps the referring physician informed about the guidance. There is no medical organization involved, and thus no medical advice or diagnosis will be provided. The client's data will not be provided to third parties without the client's consent. The client is always responsible for informing the physician if they follow a coaching program.

Article 4. Cancellation If the client is unable to attend the agreed date and time at the practice address, they must inform the coach as soon as possible via phone at 06-468 866 38. If the client fails to notify the coach at least 24 hours before the scheduled appointment, the consultation will be considered fulfilled, and no refund will be made, or the coach is entitled to charge the client for the relevant appointment.

Article 5. Pricing Before the start of the coaching program, the coach informs the client in writing of the applicable rates. These rates include VAT. The coach reserves the right to implement price increases in case of unforeseen circumstances after the agreement has been concluded. The coach applies an annual rate change on January 1st of each calendar year and reserves the right to offer follow-up programs under different conditions than the current program.

Article 6. Intellectual Property The coach retains all rights to the advice, plans, documents, images, and related information and know-how created by them, even when charges have been made or improvements have been requested by the client. The aforementioned materials may not be copied, disclosed, or used by the client without the coach's written permission, except for internal use.

Article 7. Payment Clients pay for coaching sessions or training sessions after the session (<24 hours) either in cash, by bank transfer, or via a payment request. If payment is made by invoice after mutual agreement, payment must be made in full within the set term. Failure to do so entitles the coach to suspend or terminate the program.

Article 8. Duration and Termination of the Program Programs are mutually agreed upon, either for a single consultation or a longer term. The duration depends on the situation, the client’s wishes, and their capabilities. Programs can be paused or stopped in mutual agreement. Programs, including consultations, are non-transferable. In case of illness that prevents the client from continuing the program, the program may be terminated by submitting a doctor's certificate.

Article 9. Infeasibility of the Assignment The coach has the right to suspend agreed consultations and/or work due to circumstances beyond their control, including illness. If performance becomes permanently impossible, the agreement may be terminated for the part not yet performed. Neither party is entitled to compensation for any damage resulting from termination.

Article 10. Liability The coach strives to provide the highest possible quality. However, the coach is not liable for any direct or indirect damage caused by advice regarding lifestyle and training that proves incomplete or incorrect. The client remains responsible for their lifestyle, vitality, movement, nutrition, and health. The coach’s advice is result-oriented but does not guarantee results. The coach is not liable for damage, injury, or illness resulting from the client's following of the coach’s advice unless covered by the coach’s insurance. Business damage, income loss, and third-party claims are excluded unless caused by gross negligence or intentional misconduct by the coach.

Article 11. Complaints Procedure Complaints about services provided by the coach must be submitted in writing within 8 days after delivery. Failure to do so will result in the client's acceptance of the services. If the client is dissatisfied with the coaching, they must first contact the coach directly to resolve the complaint. Submitting a complaint does not release the client from their payment obligation.

Article 12. Force Majeure The coach is not obliged to fulfill any obligation if hindered by force majeure. The coach may suspend the agreement during the period of force majeure. If this period exceeds two months, both parties may terminate the agreement without compensation.

Article 13. Final Provisions If any provision of these general terms and conditions is void or annulled, the remaining provisions will remain in full force. The coach and the client will replace the invalid provision with a new one that reflects the original intent as closely as possible.

Article 14. Applicable Law and Jurisdiction The agreement between the coach and the client is governed by Dutch law. Privacy regulation: The coach keeps records of personal and administrative data to perform the assignment. The coach applies a privacy regulation to protect clients' privacy and ensure that their data is handled carefully.

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