TERMS AND CONDITIONS

TERMS AND CONDITIONS

Article 1: General Clarification 
  1. RDCoaching, Floris van Alkemadestraat 7, 1962WJ Heemskerk, is referred to in these terms and conditions as RDCoaching.
  2. A client is an individual who has entered an agreement by signing a contract for a specified time as an athlete/client of the services provided by RDCoaching. 
Article 2. Application
  1. All clients receive these terms and conditions before signing the intake form and payment agreement.
  2. Clients are assumed to have read these terms and conditions before signing, and by signing the forms they accept these conditions.
  3. RDCoaching is entitled to change and/or supplement these conditions if necessary.
  4. In cases not covered by these conditions, the management of RDCoaching will determine. 
  5. The conditions will always be available for viewing in a visible place.
Article 3. Packages and Training Sessions
  1. An RDCoaching package may include, but is not limited to; intake session, optimal personal guidance for setting up a healthy lifestyle; testing of physical fitness; exercise; cardiovascular training; weight lifting and training; and stretching. 
  2. The package is personal, not trainer-dependent, and not transferable.
  3. The package is personal and has a minimum duration of three months, except for activities with a fixed duration.
  4. RDCoaching offers the following personal training packages: Student Deal, Lifestyle Upkeeping, and Photoshoot Ready. Supplementary services may include but are not limited to Duo Training, Personal Group Training, Nutrition Advice, and Mylogenics.
  5. Supplementary Services may be additionally charged upon agreement, and these sessions must be completed within the set term of the package.
Article 4. Costs, Payment, and Cancellation
  1. All purchases of RDCoaching products are processed via invoices.
  2. It is always possible to purchase additional packages and/or training sessions or extend your package with RDCoaching, however, proceeding packages are non-reversible. Therefore it is not possible to shorten a paid package.  
  3. The Client must pay for the package(s), supplementary services, and/or additional training sessions upon the execution of the intake form and payment agreement and no later than 14 days of the effective date of the payment agreement. In case of special circumstances, an alternative payment plan can be discussed with RDCoaching owner, Robin van der Donk. 
  4. RDCoaching determines the packages and training session costs and will index these annually. 
  5. RDCoaching reserves the right to defer the provision of services if the amount owed has not yet been paid.
  6. If RDCoaching has not received the amount owed by a client by the relevant payment date, RDCoaching is entitled to deny the client access to the facilities. If the client does not comply with the payment obligation, the total claim will be handed over for collection to Bierens Debt Recovery Lawyers, Huddestraat 7 1018 HB Amsterdam, Netherlands
Article 5. Dissolution
  1. Purchase of any packages and training sessions are non-refundable. Interim termination of a package by the client is only possible on medical grounds with evidence in the form of a medical statement by a recognized medical practitioner or in case of a move beyond a radius of 15 kilometres. 
  2. Should the client wish to terminate any packages and/or training sessions (initial and additional) after signing an intake form and a payment agreement, RDCoaching is not obliged to make refunds or reimbursements, other than for interim cancellations for reasons mentioned in article 5.1.
  3. In exceptional cases, an exception may be granted upon mutual agreement, and the remaining paid training sessions scheduled or to be scheduled after the date of cancellation may be refunded if agreed to by RDCoaching. 
  4. RDCoaching reserves the right to cancel/terminate any packages and/or training sessions upon written notice to the client, and in the event of termination by RDCoaching, the amount of any paid and unused training sessions shall be refunded to the client. 
Article 6. Training sessions and cancellation policy
  1. Personal training sessions are sixty (60) minutes in duration.
  2. To ensure responsible training sessions, all clients must complete an intake interview upon participating in any activities with RDCoaching. Clients will receive a receipt when the intake form has been completed, signed, and handed over to RDCoaching, and only then will training sessions begin. Any changes to personal information must be communicated to RDCoaching immediately. 
  3. Upon confirmation of registration, RDCoaching will inform the client about the training schedule, and when and where they are expected. The training schedule will be planned in connection with the client and discussed in advance. If a time slot cannot be met due to any circumstances, RDCoaching has the authority to reschedule in consultation with the client. 
  4. A training session takes place at least once a week unless discussed otherwise. Should a client be unable to attend a training session, the corresponding training session will be postponed by a week. If this is not met, a client may lose the right to schedule the missed/cancelled appointment later. 
  5. The client shall provide no less than twenty-four (24) hour notice of any necessary cancellation or rescheduling of a scheduled training session. Failure to provide twenty-four (24) hour notice shall result in the full rate of the cancelled/missed training session being charged. 
  6. RDCoaching and trainer(s) will endeavour to also provide the client with a twenty-four (24) hour notice of any scheduled training session that may need to be cancelled or rescheduled; however, there may be instances where this is not practicable, and such would not constitute a breach of these conditions on behalf of RDCoachcing.
  7. A twenty-four (24) hour notice is also required for supplementary services such as, but not limited to, group or duo training. If parties of the scheduled training session are unable to attend a training session but an attendee wishes to proceed with the training session, the training session will proceed and count as a completed training session in the package unless otherwise has been discussed and approved by RDCoaching prior to the training session.  
  8. In very exceptional cases such as serious injuries, illnesses, or long-term absences, it is possible to “pause” or cancel a package or training (determined by RDCoaching). In all cases of “pausing” or cancellations, a written request must be submitted to RDCoaching with sufficient evidence.
Article 7. Performance of the assignment
  1. Clients must declare that they are in good health and physically able to follow instructions given by RDCoaching without harm to their health. In case of doubt, clients are obligated to consult their medical practitioner before commencing their RDCoaching package. 
  2. Clients must inform RDCoaching of any injuries or physical health disruptions prior to activities. 
  3. During the term of the package, clients are also obligated to report any pain, discomfort, abnormal fatigue, and/or changes in their physical condition before, during, and after their training sessions with RDCoaching.
Article 9. Liability
  1. RDCoaching and trainer(s) strive to collaboratively achieve a client’s fitness goals but RDCoaching and Trainer(s) cannot guarantee the results of packages and training sessions. RDCoaching and Trainer(s) make no representations and/or warranties that a client will lose weight, gain muscle mass, be able to engage in any specific physical and/or athletic activity, or will attain any other particular and/or specific results, and cannot be held liable for unachieved results. 
  2. RDCoaching is only liable for shortcomings in the execution of the tasks that are the result of carelessness and incompetence in giving advice and carrying out tasks. 
  3. RDCoaching is not liable if the client suffers damage in any other way and this damage is due to not following verbal or written instructions given by RDCoaching or the physical or mental condition of the client. The client hereby declares that they will receive the relevant activity, exercise, and nutrition instructions solely and exclusively at their own risk. 
  4. RDCoaching is not liable for loss, theft, or damage to property.
  5. RDCoaching is never liable for any indirect damage to the client or third parties, including but not limited to consequential damage, lost income, loss of data, damage as a result of incorrect or incomplete information, or damage as a result of the unsuitability of prescribed or supplied instructions.
Article 10. Force majeure, vacations, and generally and/or Dutch-recognized holidays
  1. RDCoaching is not obliged to fulfil its obligations of the package agreement if the fulfilment has become impossible due to force majeure. The package agreement will then be dissolved. If the personal trainer is unable to give personal training due to acknowledged reasons (determined by RDCoaching), the client will be offered an alternative trainer or the package agreement will be extended by the number of weeks the trainer is unavailable. 
  2. Vacations and off-days shall be announced 10 days prior to the next scheduled training session , both from trainers and clients. 
  3. Should the trainer go on vacation, the package agreement will be extended by the number of weeks the personal trainer is on vacation. 
  4. Generally, activities do not take place on commonly recognized or Dutch national holidays, and clients with scheduled training sessions during holidays will be offered an alternative time slot. However, training sessions may still be scheduled upon mutual agreement between the trainer and client.
Article 11. Confidentiality
  1. RDCoaching is obliged to take strict confidentiality into account with regard to information received by and about the client. The client’s personal information is rigorously confidential and is solely used by RDCoaching for administrative and training purposes. This information will not be made available to third parties without consent.
Article 12. Intellectual Property
  1. All documents provided by the client, such as reports, advice, training and nutrition plans, assignments, designs, software, etc., for the benefit of RDCoaching, may only be reproduced by RDCoaching for internal use. All documents provided by the clients may not be disclosed by RDCoaching without prior permission from the client or brought to the attention of third parties under penalty of abuse of the client’s intellectual property. 
Article 13. Additional matters
  1. If clients participate in additional sports and activities outside of personal training in our facilities, the client must obtain a membership. The costs are not included in the packages offered by RDCoaching. This also applies to the costs of external parties such as sports doctors, therapists, sports tests, etc., which will also be invoiced separately. These are not included in the package offered by RDCoaching. 
  2. For health and hygiene purposes, clients are required to wear clean athletic shoes for use in the facility, wear clean clothing, and bring a towel.