ARTICLE 1. | DEFINITIONS

In these terms and conditions, the following, always capitalized terms are used in the meaning below.

1.    P&P Lifestyle Coaching: Psyche & Physique Lifestyle Coaching, the user of these terms and conditions, established on Havikveld 15, 2727 AA in Zoetermeer, listed in the Trade Register under Chamber of Commerce number 93811861.

2.    Counterparty: anyone with whom P&P Lifestyle Coaching has concluded or intends to conclude an Agreement.

3.    Parties: P&P Lifestyle Coaching and the Counterparty jointly.

4.    Agreement: any agreement between Parties in the context of which P&P Lifestyle Coaching have committed themselves towards the Counterparty to provide Services.

5.    Distance Agreement: an Agreement that was concluded within the framework of an organized system for the adoption of contacts at a distance without the simultaneous personal presence of Parties and whereby, through the moment of conclusion of the Agreement, exclusive use is made of one or more means of communication at a distance.

6.    Services/Provision of Services: the services to be provided in the context of the Agreement by P&P Lifestyle Coaching, which may include, though not solely:

-   the creation and provision, based on an intake interview, of a training program, e.g., a 12-week program;

-   a 1 on 1 personal training session;

-   a coaching and training program that is provided on the basis of progress made during a specific term of, e.g., six or twelve months.

7.    Written: besides traditional written communication, communication by e-mail, WhatsApp, or any other manner of communication which, considering the state of the art and commonly held opinion, can be equated therewith.

ARTICLE 2. | GENERAL PROVISIONS

1.    These terms and conditions apply to every offer of P&P Lifestyle Coaching, any Agreement, and all legal relationships flowing therefrom between Parties.

2.    What is established in these terms and conditions can exclusively be derogated from expressly and in Writing. If and to the extent Parties have agreed expressly and in Writing deviates from what is established in these terms and conditions, what Parties have agreed expressly and in Writing applies.

3.    The annulment or voidness of one or more of the provisions from these terms and conditions or the Agreement as such, leaves unaffected the validity of the remaining provisions. In such case as may occur, Parties are obliged to enter into mutual consultations so as to make a substitute arrangement with respect to the impaired clause. The purpose and tenor of the original provision are thereby observed as much as possible.

ARTICLE 3. | OFFER AND ADOPTION OF THE AGREEMENT

1.    Every offer of P&P Lifestyle Coaching (including their intake questionnaires and contracts submitted for digital approval) is non-committal; P&P Lifestyle Coaching can still revoke it until immediately, or at least as soon as possible after the acceptance thereof by the Counterparty.

2.    Apparent errors and/or mistakes in an offer of P&P Lifestyle Coaching do not bind them.

3.    Without prejudice to what is established in section 1, each Agreement is adopted at the moment that the Counterparty has accepted the offer of P&P Lifestyle Coaching, in such manner as P&P Lifestyle Coaching may have destined for the purpose.

ARTICLE 4. | RIGHT OF REVOCATION FOR DISTANCE AGREEMENTS

1.    The Counterparty has the right to revoke a Distance Agreement until 14 days after its adoption without stating reasons.

2.    Compliance with a Distance Agreement within the reflection period as referred to in the previous section occurs exclusively upon the express request of the Counterparty.

3.    If the Services are provided in full within the reflection period, the Counterparty expressly declares upon adoption of the Distance Agreement that it waives the right of revocation as soon as the Services have been provided and P&P Lifestyle Coaching have thus fully complied with the Distance Agreement.

4.    The Counterparty can exercise the right of revocation by submitting a request to such effect by e-mail or by making use of the model form for revocation offered by P&P Lifestyle Coaching to P&P Lifestyle Coaching. As soon as P&P Lifestyle Coaching have been informed of the intention of the Counterparty to revoke the Distance Agreement and if the conditions of this article have been met, P&P Lifestyle Coaching will confirm the revocation as soon as possible by e-mail.

5.    Upon the exercise of the right of revocation after a request of the Counterparty in accordance with section 2, while a part of the established Services has already been provided, the Counterparty owes P&P Lifestyle Coaching an amount which is proportional to the part of the Distance Agreement which had been fulfilled by P&P Lifestyle Coaching at the moment the right of revocation is exercised, relative to the total fulfilment of the Distance Agreement. The proportional amount owed by the Counterparty to P&P Lifestyle Coaching is calculated on the basis of the total price as agreed expressly.

6.    P&P Lifestyle Coaching will refund such payment as they may have received from the Counterparty already, minus the possible proportional sum as referred to in section 5, as soon as possible, though at the latest within fourteen days after revocation of the Distance Agreement, to the Counterparty.

ARTICLE 5. | INFORMATION OBLIGATIONS OF THE COUNTERPARTY

The Counterparty guarantees that it will provide, whether or not upon request of P&P Lifestyle Coaching, all information which is reasonably relevant to the preparation and implementation of the Agreement timely and completely and in such manner as may have been prescribed by P&P Lifestyle Coaching to P&P Lifestyle Coaching. The Counterparty guarantees the correctness and completeness of this information. P&P Lifestyle Coaching are not liable for damage occurring because the Counterparty provided incorrect or incomplete information to P&P Lifestyle Coaching.

ARTICLE 6. | DURATION OF THE AGREEMENT AND SUSPENSION DUE TO SPECIAL CIRCUMSTANCES

1.    The Agreement ends through completion of the established Services or through expiry of the term for which it was adopted.

2.    In case of an injury or illness of the Counterparty or other weighty personal circumstances regarding the Counterparty, Parties can decide that a coaching and training program entered into for a fixed period is suspended. P&P Lifestyle Coaching may subject this to special conditions, such as proving the injury or illness respectively by way of a medical certificate.

ARTICLE 7. | DISCOUNT ON ADDITIONAL TRAINING

1.    If in case of a coaching and training program entered into for a fixed period or a 12-week program, including a 1 on 1 session, a discount is offered by P&P Lifestyle Coaching on additional training, this discount exclusively applies in case Parties have established the date and hour of this training during the fixed duration of the coaching and training program, or respectively the 12 weeks of the 12-week program. Unlike for the coaching and training program, additional training can also occur in the context of a 12-week program, including a 1 on 1 session, after conclusion of the 12-week period, provided that this training was agreed upon during the 12 weeks of the 12-week program.

2.    The additional training as referred to in the previous section is always offered subject to sufficient availability of P&P Lifestyle Coaching. If in the opinion of P&P Lifestyle Coaching insufficient availability pertains, the additional training cannot be booked, and the Counterparty is not entitled to the training.

ARTICLE 8. | SCHEDULING OF COACHING SESSIONS

Training sessions in the context of a coaching and training program are scheduled two months in advance, but the Counterparty must register for coaching sessions upon own initiative. If and to the extent the Counterparty has not registered for a coaching session in the relevant month, it lapses through expiry of the relevant month, under the proviso that if the Counterparty has attempted to make an appointment for a coaching session with P&P Lifestyle Coaching, but P&P Lifestyle Coaching has indicated that their availability did not permit this, the Counterparty is entitled to this session occurring still in the first two weeks of the next month.

ARTICLE 9. | THE RESCHEDULING OF APPOINTMENTS

1.    The rescheduling of appointments already made regarding training and coaching sessions of (video) calls upon request of the Counterparty is exclusively possible in case of the injury or illness of the Counterparty or other weighty personal circumstances regarding the Counterparty and on condition the Counterparty has submitted the relevant request no later than 48 hours before the start of the relevant appointment to P&P Lifestyle Coaching. If the Counterparty has submitted the request on time, this appointment can be caught up on a day falling in the remainder of the relevant month or in the first two weeks of the next month. The Counterparty can accumulate a credit of a maximum of two appointments in this context; in case the maximum is exceeded, the exceeding amount lapses. If the credit is not used, the appointment lapses without the Counterparty being entitled to recovering it without additional charges. If during a certain month an appointment does not take place because a credit from the previous month was used, this appointment lapses without the Counterparty being entitled to having it occur still without additional charges.

2.    If a request as referred to in the previous section is submitted between 12 and 48 hours before the start of the relevant appointment, this appointment can be recovered within seven days after the request, on condition the availability of P&P Lifestyle Coaching so allows in their opinion. If this is not the case, the appointment lapses without the Counterparty being entitled to recover it without additional charges.

3.    In case the Counterparty submits the request referred to in section 1 within 12 hours or in case of a no-show, the appointment lapses without the Counterparty being entitled to recover it without additional charges.

ARTICLE 10. | VACATION

1.    In case the Counterparty goes on vacation for four weeks or more, the implementation of the coaching and training program, and thereby the payment obligation of the Counterparty, can be suspended until a date agreed upon beforehand. A request to such effect must be submitted to Lifestyle Coaching at the latest two months before the start of the vacation, failing which suspension is not possible and the scheduled Services lapse without the Counterparty being entitled to any compensation.

2.    In case the Counterparty goes on vacation for less than four weeks, the Counterparty must follow the sessions in the remaining part of the relevant month, unless this is not reasonably possible considering the number of sessions and the limited duration of the remainder of the month, in which case the Counterparty, at the latest two months before the start of the vacation, must communicate to Lifestyle Coaching that it will go on vacation. In that case, Lifestyle Coaching will find an appropriate solution in consultation with the Counterparty.

ARTICLE 11. | HEALTH

The Counterparty declares implicitly that as far as he/she knows he/she is healthy and physically able to make use of the Services without harm to his/her health. The Counterparty guarantees that he/she is in good physical and psychological conditions, that he/she is not aware of any medical or other grounds preventing him/her from making use of the Services and that the Provision of Services is not harmful to the health, safety, wellbeing, or the physical condition of the Counterparty. Making use of the Services by the Counterparty occurs exclusively at his/her own risk.

ARTICLE 12. | TRAINING SESSIONS

1.    The costs of visits to and use of the training location are not included in the Agreement. If the Counterparty does not have a membership with the relevant training location, he/she must purchase a day pass at own expense. Also travel and parking costs are borne by the Counterparty.

2.    The Counterparty must observe the house rules of the training location. These house rules may change from time to time. The most recent version of the house rules is an integral part of the Agreement.

3.    The Counterparty must be present no later than 15 minutes before the start of the personal training at the training location, so that the Counterparty has sufficient time to change and to independently conduct the warming-up. Training sessions are not extended because the Counterparty arrives late.

4.    The Counterparty must wear clean sportswear and bring a clean towel. In addition, the Counterparty must wea indoor athletic shoes with hard, flat soles.

5.    P&P Lifestyle Coaching and the operator of the relevant training location have the right to deny the Counterparty access to the training location or to remove him/her or to deny him/her (further) participation in the personal training if the conduct of the Counterparty, by standards of reason and fairness or considering what is established in the previous sections of this article, constitutes grounds for doing so.

ARTICLE 13. | FORCE MAJEURE

1.    P&P Lifestyle Coaching are not obliged to fulfil any obligation from the Agreement if and for as long as they are prevented from doing so by a circumstance which pursuant to the law, a legal transaction, or commonly held opinion cannot be attributed to them (force majeure), also including an accident or illness of the instructor, the malfunction or outage of lines of communication, as well as government measures or measures by other third parties on which P&P Lifestyle Coaching depends for the implementation of the Agreement. The implementation of the Agreement is suspended in case of temporary force majeure, after which the Provision of Services missed can still be recovered.

2.    If the fulfilment of the Agreement becomes permanently impossible due to force majeure, Parties have the right to rescind the Agreement for the part that the situation of force majeure is in regard to with immediate effect.

3.    If P&P Lifestyle Coaching when the situation of force majeure becomes effective have already partially fulfilled their obligations or can only fulfil their obligations in part, they have the right to separately invoice the part already implemented, or respectively the implementable part of the Agreement, as if it regarded an autonomous Agreement.

4.    Damage as a result of force majeure, without prejudice to the application of the previous section, is never eligible for compensation.

ARTICLE 14. | SUSPENSION AND RESCISSION

1.    P&P Lifestyle Coaching are authorized to suspend the further implementation of the Agreement if and for as long as the Counterparty does not comply with its already exigible (payment) obligations from the Agreement (thus also including what is established in these terms and conditions).

2.    P&P Lifestyle Coaching are authorized to rescind the Agreement completely or in part with immediate effect if the Counterparty does not, does not timely, or does not fully comply with its obligations from the Agreement, unless the shortcoming of the Counterparty, considering its special nature or minor importance, does not justify such rescission with its consequences. If compliance with the obligations of the Counterparty with respect to which it is falling short has not become permanently impossible, the authority to rescind only arises after the Counterparty has been declared in default by P&P Lifestyle Coaching in Writing, in which default notice a reasonable term is indicated within which the Counterparty can fulfil its obligations (still) and compliance after expiry of the latter term has still failed to occur. What is established in the previous sentence does not apply if P&P Lifestyle Coaching must deduct from a statement of the Counterparty that the Counterparty will fall short in complying, in which case a default notice would therefore be pointless, and the rescission may occur without default notice.

3.    Unless the Counterparty has already fully complied with its (future) payment obligations vis-a-vis P&P Lifestyle Coaching, P&P Lifestyle Coaching have the right to rescind the Agreement with immediate effect, completely or in part, if the Counterparty is in a state of bankruptcy, any attachment has been levied on its assets or it is otherwise unable to freely dispose of its assets.

4.    P&P Lifestyle Coaching furthermore have the right to rescind the Agreement completely or in part if circumstances occur which are of such a nature that compliance with the Agreement is impossible or the unaltered maintaining thereof cannot reasonably be demanded of them.

5.    The Counterparty is never entitled to any form of compensation of damages in connection with the right of suspension and/or rescission exercised by P&P Lifestyle Coaching on grounds of this article.

6.    If the grounds which have led to suspension or rescission of the Agreement can be attributed to the Counterparty (which only in case of section lid 4 does not necessarily have to be the case), P&P Lifestyle Coaching are entitled vis-a-vis the Counterparty to the compensation of the damage incurred by P&P Lifestyle Coaching as a result.

7.    If P&P Lifestyle Coaching rescind the Agreement on grounds of this article, any possible still outstanding claims on the Counterparty become instantly payable.

ARTICLE 15. | PAYMENTS

1.    Payment for a coaching and training program occurs monthly. This monthly payment occurs by way of an advance payment for the next month. Seven days before the new month starts, the invoice for it is forwarded along with a payment request. The Counterparty subsequently has until seven days after the start of the new month to pay, failing which the further implementation of the Agreement by P&P Lifestyle Coaching is suspended until the outstanding payment is settled, under the proviso that if sessions were scheduled during the time that the payment was outstanding, these lapse, without the Counterparty being entitled to any type of compensation.

2.    The price of other Services than those referred to in the previous section is invoiced after adoption of the Agreement and must be settled within seven days after invoice date by way of bank transfer or the enclosed payment link; the payment link is valid for seven days.

3.    If timely payment fails to occur, the default of the Counterparty enters into effect legally. As from the day that the default of the Counterparty becomes effective, the Counterparty owes the statutory interest effective at such time on the outstanding amount. The preceding applies without prejudice to the rights of P&P Lifestyle Coaching as referred to in article 14.

4.    All reasonable costs, both judicial, extrajudicial, and enforcement costs, incurred to obtain settlement of the sums owed by the Counterparty are borne by the Counterparty.

ARTICLE 16. | LIABILITY AND INDEMNIFICATION

1.    P&P Lifestyle Coaching do not bear any liability for damage in connection with or for damage caused by an inaccuracy or omission in the information provided by the Counterparty, by another shortcoming in compliance with the obligations of the Counterparty flowing from the law or the Agreement, or any other circumstance which cannot be attributed to P&P Lifestyle Coaching.

2.    P&P Lifestyle Coaching do not bear any liability for any possible damage occurring because the instructions of the instructor, whether or not incorrect and/or incomplete, were followed by the Counterparty.

3.    P&P Lifestyle Coaching are never liable for damage as a result of theft, personal harm, or injuries.

4.    P&P Lifestyle Coaching provide the Services to the best of their understanding and ability, but participation in and respectively the use of the Services occurs entirely voluntarily and entirely at the own risk of the Counterparty. P&P Lifestyle Coaching are not responsible or liable in the matter in any respect. The Counterparty safeguards P&P Lifestyle Coaching against all medical claims, lawsuits, losses, the damaging or theft of property or of goods brought along by the Counterparty, wounding or decease, also including claims regarding negligence flowing from the Services provided by P&P Lifestyle Coaching.

5.    P&P Lifestyle Coaching do not accept any liability for the failure to achieve results by the Counterparty. P&P Lifestyle Coaching exclusively commit themselves to a best-effort obligation in the matter. Any possible lack of progress cannot be attributed to P&P Lifestyle Coaching but will in such case as may occur have been caused by insufficient exertion by the Counterparty or by not or incorrectly following the instructions provided or (nutritional) advice given by P&P Lifestyle Coaching.

6.    The liability of P&P Lifestyle Coaching for indirect damage, consequential damage, lost profit, missed savings, reputational damage, the maiming or loss of data, and all other forms of damage than those listed in the following section, on any account whatsoever, is excluded.

7.    The limitations of the liability of P&P Lifestyle Coaching stipulated in these terms and conditions do not apply if the damage can be attributed to the wilful intent or deliberate recklessness of P&P Lifestyle Coaching. P&P Lifestyle Coaching can exclusively be held accountable for direct damage that can be attributed to them. By direct damage is exclusively intended:

-   reasonable costs to determine the cause and the scope of the damage, to the extent this determination regards damage in the sense of these terms and conditions;

-   the possible reasonable costs required to render the defective performance of P&P Lifestyle Coaching compliant with the Agreement;

-   reasonable costs incurred to prevent or mitigate damage, to the extent the Counterparty proves that these costs have led to the mitigation of the direct damage as referred to in these terms and conditions.

8.    In case, notwithstanding the exclusions of liability comprised in the previous sections, any liability were to fall on P&P Lifestyle Coaching, such liability will at all times be limited to one time the invoice value of the Agreement, or rather the part of the Agreement that the liability is in regard to, or, if an Agreement has a term longer than six months, the price owed over the past six months, under the proviso that the amount is limited at all times in any event to a maximum of the amount which is effectively disbursed on grounds of the professional liability insurance of P&P Lifestyle Coaching in the relevant case, increased by the possible deductible of P&P Lifestyle Coaching which is applied according to that insurance.

9.    The Counterparty which makes use of the training location designated by P&P Lifestyle Coaching is liable for all damage attributable to it which has occurred in connection with the use of the materials and other property of P&P Lifestyle Coaching, the operator of the training location, or other third parties, available on the training location.

10. The right to file a legal claim or defence in connection with the assertion that the Services provided by P&P Lifestyle Coaching do not correspond to the Agreement lapses if the presumed shortcoming is not communicated within seven days after its discovery, or at least after it could reasonably have been discovered, in Writing, including substantiation, to P&P Lifestyle Coaching. If a complaint in the context of a Distance Agreement cannot be resolved through mutual consultation, the Counterparty can present the dispute to the arbitration board via the ODR platform (www.ec.europa.eu/consumers/odr/).

11. In derogation to the legal limitation period, the limitation period of all claims and defences vis-a-vis P&P Lifestyle Coaching amounts to one year.

ARTICLE 17. | FINAL PROVISIONS

1.    P&P Lifestyle Coaching have the right at all times to transfer their rights and obligations from the Agreement to a third party, for example in the event of a change to their legal form.

2.    The rights from the Agreement falling to the Counterparty are strictly personal and cannot be transferred to third parties without the prior consent of P&P Lifestyle Coaching.

3.    Each Agreement and all legal relationships flowing therefrom between Parties are subject exclusively to Netherlands Law.

4.    Before possibly appealing to the court of law, Parties are obliged to exert themselves optimally to resolve the dispute through mutual consultation.

5.    Exclusively the competent court within the district of the court of The Hague is designated in the first instance to hear any possible judicial disputes between Parties, without prejudice to the right of P&P Lifestyle Coaching to designate a different court which is competent according to the law. The Counterparty does not have the right, however, to choose the court competent according to the law within one month after P&P Lifestyle Coaching have announced in Writing that they wish to litigate before the court of law designated by them.

6.    If these terms and conditions are available in multiple languages, the Dutch version thereof is always determinative for the interpretation of the clauses stipulated therein.