Article 1: General
1. These terms and conditions apply to every offer, quotation and agreement of Lis (t) a Coaching comm.v., hereinafter referred to as: “COACH”, with another party to which these parties have declared these terms and conditions applicable, for insofar as the parties have not deviated explicitly and in writing.
2. The general applicability of terms and conditions of the other party is expressly excluded.
3. The SPORTER is the one who enjoys the service.
4. If one or more provisions are at any time wholly or partially null and void or destroyed, the other provisions of these terms and conditions will remain fully applicable.
5. Not requiring the COACH to strictly observe these conditions does not create any rights for the counterparty. In any case, the provisions remain applicable.
Article 2: Establishment, implementation and amendment of the agreement
1. The agreements between the COACH and the SPORTER are entered into for a definite period of time, unless the agreement indicates otherwise. These are automatically renewed for the same duration. A notice period of 7 days must be taken into account.
2. None of the rights obtained by the parties can be transferred to a third party, except with the express consent of the other party.
3. If both parties wish to amend an agreement, they will terminate the agreement early without compensation or term and conclude a new agreement. .
Article 3: Rates and payment
1. Costs may be charged for the start-up. These depend on the preferred service and will be communicated in advance at all times.
2. All payments are due in advance and payable from the date stated in the contract. These must be paid by bank transfer, stating the message stated on the contract.
3. If desired, the athlete can pay by monthly billing if this is included in the agreement. These invoices are to be paid within 14 days unless otherwise agreed in the agreement.
4. In the documents issued to consumers by COACH, all amounts included include VAT. In the documents issued by COACH to companies, all amounts included are exclusive of VAT. 5. The COACH has the right to postpone the execution of the agreement by operation of law in the event of non-payment of the amounts due.
6. Comments or disputes on this invoice must be sent to COACH’s head office within 7 calendar days of the invoice date. Failing this, the invoice will be considered accepted.
7. In the event of late and full payment of an invoice that is received no later than the set due date, a fixed and non-deductible compensation of 10% per month on the full invoice amount with a minimum of EUR 30 per invoice is ipso jure and without notice. This provision only applies to invoices to companies.
Article 4: Health
1. The Athlete recognizes the importance of good health and realizes that starting coaching when hospitalized with a medical problem in the last six months is not justified. There is also an awareness that a heart problem, chest pain during physical exertion, loss of balance due to dizziness, or a bone or joint problem that can be aggravated by a change in physical activities can seriously endanger health during exercise .
2. The Athlete recognizes that exercising when sick is irresponsible.
3. The SPORTER recognizes that providing relevant information about health status only contributes to the quality of the services provided by the COACH.
Article 5: Confidentiality
1. All information obtained by the COACH during the formation and implementation of the agreement is regarded as confidential information. This individual information will only be used in the performance of the agreement, unless there is prior permission from the other party, or the information is generally known and publicly available.
2. The COACH reserves the right to use data in aggregated form where individualisation is not possible.
3. The privacy statement available on the website regulates the rights of the SPORTER to be exercised in connection with the data collection.
Article 6: Right of withdrawal
1. The consumer has a right of withdrawal of 14 days from the moment of contract conclusion.
2. The consumer cannot exercise the right of withdrawal for service contracts after full performance of the service if the performance has started with the consumer’s explicit prior consent, and provided the consumer has acknowledged that he will lose his right of withdrawal once the company has fully performed the contract.
Article 7: Liability
1. For every assignment accepted by COACH, there is a best efforts obligation. The COACH can never be held liable for results not achieved. COACH is only liable for shortcomings in the performance of the assignment that are the result of not acting with due diligence.
2. COACH is not liable if the SPORTER suffers damage in any other way and this damage is due to not following oral or written instructions given by the Personal Trainer, or to the physical or mental condition of the SPORTER.
Article 8: Intellectual Property
1. All models, methodologies and instruments provided that are developed and / or applied by the COACH in implementation of the agreement are and remain the property of the COACH.
2. Publication or other forms of disclosure is only possible after obtaining written permission from the COACH.
Article 9: Force majeure
1. A shortcoming in the fulfillment of the agreement cannot be attributed to the parties in the event of force majeure. In that case no right to compensation arises. Force majeure is all circumstances whereby parties are temporarily or permanently unable to fulfill their obligations.
2. If the SPORTER cannot participate in an activity requiring contact due to illness, the client is expected to inform the COACH of this as soon as possible.
3. When the agreement is suspended due to illness, a deductible of 1 week applies, the agreement can then be stopped for a maximum of 3 weeks and only on the basis of a medical statement by a recognized doctor.
Article 10: Disputes
1. For any complaints, the customer can turn to the COACH by e-mail.
2. All disputes arising from the conclusion, validity, interpretation or implementation of this agreement will be settled in the court that has jurisdiction by law.
Article 11: CANCELING ORDERS
11.1 There is no right of return on digital products of Lis (t) a Coaching comm.v. Cancellation of an executed order is for this reason not possible.
11.2 After your minimum term (eg 6, 12 of 24 months) your subscription continues for an indefinite period at the standard rate, unless stated otherwise. From then on, your subscription can be canceled immediately by emailing firstname.lastname@example.org, at least 2 weeks before the start of the next term (of your payment), so we will stop your subscription on time.