ARTICLE 1 DEFINITIONS

The organization: Creative Movement Coaching

Agreement: The agreement is based on these general terms and conditions of Creative Movement Coaching in which the customer enters into a written agreement for the training courses at Scott Everduim.

ARTICLE 2 APPLICABILITY

These terms and conditions apply if the customer has registered with Creative Movement Coaching and participates in Personal Training and Online Coaching. These conditions apply to every activity. Any use of the services of Creative Movement Coaching is at your own risk. Before using any facility or participating in any activity, each participant must ascertain whether use or participation is medically responsible for the person in question. In addition, each participant must be insured against accidents. If Creative Movement Coaching has given the advice to get a referral letter from the GP before starting training, the customer must do this.

ARTICLE 3 INTAKE PROCEDURE

In order to guarantee responsible training, the customer must have had an intake interview before participating in one of the activities. The anamnesis form must be completed in full and both parties must have agreed to the contents of the form in a written agreement via email. After receiving the email, the training sessions will start. Changes to personal data must be communicated to Creative Movement Coaching by the customer as soon as possible.

ARTICLE 4 TIME AND PLACE

Upon confirmation of registration, Creative Movement Coaching will inform you when and where the participant is expected. This is of course discussed in advance with the customer. If, due to any circumstances, a time cannot take place, Creative Movement Coaching is authorized to schedule another time in consultation with the customer. Foreclosure must be announced 24 hours before the training starts. This applies to both Creative Movement Coaching and the client. The training credits are valid for 6 months after purchase.

ARTICLE 5 PERFORMANCE OF THE ASSIGNMENT

Creative Movement Coaching has the obligation to guide the participant as well as possible during the activity, in view of the goal and activity. The content of the activities is determined by Scott Everduim. Creative Movement Coaching carries out the activities within the framework of the assignment to the best of its knowledge, expertise and ability. This concerns a best efforts obligation: that is to say that Creative Movement Coaching does not guarantee the success and success of that service, nor the extent to which this service contributes to the goal set by the participant.

ARTICLE 6 LIABILITY

A best efforts obligation applies to every assignment accepted by Creative Movement Coaching. Creative Movement Coaching can never be held liable for results not achieved. Creative Movement Coaching is only liable for shortcomings in the execution of the assignment that are the result of carelessness and incompetence in issuing advice and carrying out the assignments. Creative Movement Coaching is not liable if at Creative Movement Coaching, for whatever reason, items belonging to the customer and/or third parties are lost in any way. Creative Movement Coaching is not liable if the customer suffers damage in any other way and this damage is due to non-compliance with oral or written instructions given by the Personal Trainer or Movement Coach, or to the physical or mental condition of the participant. . The customer hereby declares that he or she will receive the present sports instruction exclusively and solely at his own risk. The costs of any accident or injury will be borne entirely by him or her. The customer hereby declares to waive all rights to recover a damage action against Creative Movement Coaching for compensation of costs, damages and interest as a result of any accident or injury as a result of the performance of services that Creative Movement Coaching offers. Creative Movement Coaching is liable if Creative Movement Coaching suffers damage in any way and this is due to the customer not following verbal or written instructions given by the Personal Trainer or Movement Coach. The customer must indemnify Creative Movement Coaching against damage he or she causes to other participants.

ARTICLE 7 DISSOLUTION

Creative Movement Coaching is entitled to dissolve the agreement in whole or in part immediately without any obligation to pay compensation if the customer does not, or only partially, fulfill his obligations under the agreement. The client is entitled to dissolve the agreement in whole or in part without compensation, subject to a notice period of 1 month.

ARTICLE 8 PAYMENT TERMS

In the agreement of the customer and Creative Movement Coaching, Creative Movement Coaching will indicate when and how the amount is to be paid. If the participant does not pay on time, Creative Movement Coaching is entitled to refuse the participant access to the activity until payment has been received. In addition, all payments due for the remaining term of the agreement become due and payable and you must pay these to Creative Movement Coaching within 14 days after they become due and payable. If Creative Movement Coaching has to proceed to collection of its claim, the customer will also owe all extrajudicial collection costs and the statutory interest. When a direct debit is reversed, Creative Movement Coaching may charge an amount of € 4 for administration costs to still pay the direct debit amount. The VAT rate of 21% applies to the services of Creative Movement Coaching. The prices quoted include VAT. If the costs increase due to unexpected circumstances, Creative Movement Coaching is entitled to increase the prices. In that case, the customer has the right to dissolve the agreement. Unused but already paid sessions will of course continue.

ARTICLE 9 SICK NOTIFICATION

If the customer cannot participate in an activity due to illness, it is expected that the customer will inform Creative Movement Coaching as soon as possible. All appointments must be canceled 24 hours in advance, otherwise the costs of the services will be charged. In the event of interruption due to illness, an excess of two weeks applies, after which the agreement can be suspended for a maximum of one year, only on the basis of a medical certificate from a recognized doctor.

ARTICLE 10 FORCE MAJEURE, HOLIDAYS AND GENERAL RECOGNIZED HOLIDAYS

Force majeure with regard to the agreement is understood to mean everything that is understood in this regard by law and jurisprudence. Creative Movement Coaching is not bound by its obligations under the agreement if fulfillment has become impossible due to force majeure. The agreement will then be dissolved. In the event of illness of the Personal Trainer, the participant will be offered an alternative or the agreement will be extended by the number of weeks that the trainer is ill. Vacations of the personal trainer are announced well in advance. The credits remain and can be used again after the return of the Personal Trainer. The activities will not take place on generally recognized public holidays, provided that both parties have made an agreement about this. If the participant would have had an appointment on this day, an alternative time will be offered or it will be moved forward a day or a week.

ARTICLE 11 HEALTH

The participant declares that he/she is healthy to the best of his/her knowledge and is physically able to follow the instructions of the personal trainer without harm to his/her health. In case of doubt, the client undertakes to consult his doctor or physiotherpist before entering into the agreement with Creative Movement Coaching. During the term of the agreement, the customer is also obliged to report pain(s), discomfort, abnormal fatigue and/or changes in physical condition before, during and after the training to Creative Movement Coaching.

ARTICLE 12 CONFIDENTIALITY

Creative Movement Coaching Training is obliged to observe strict confidentiality with regard to information received from and about the client. The personal data of the customer is strictly confidential and is only used for administrative purposes of Creative Movement Coaching. Relevant data will never be made available to third parties for commercial purposes.

ARTICLE 13 INTELLECTUAL PROPERTY

Without prejudice to the provisions of these General Terms and Conditions, the customer reserves the rights and powers that accrue to the customer under the Copyright Act. Models, methodologies and instruments developed and/or applied by Creative Movement Coaching for the execution of the assignment are and remain the property of Creative Movement Coaching. Publication or other forms of disclosure thereof is only possible after obtaining written permission from Creative Movement Coaching. All documents provided by the client, such as reports, advice, training and nutrition schedules, assignments, designs, sketches, drawings, software, etc., for the benefit of Creative Movement Coaching can only be multiplied by Creative Movement Coaching for its own use in its own organization. All documents provided by the customer may not be made public by Creative Movement Coaching without the prior consent of the customer, or brought to the attention of third parties on under penalty of misuse of the client’s intellectual property.

ARTICLE 14 DISPUTES

With any complaints, the customer can turn to Creative Movement Coaching. All disputes regarding the formation, explanation or implementation of the agreement or the agreements arising from it can be submitted to the competent court of the district where Creative Movement Coaching is located. In all cases, Dutch law applies.