General Terms and Conditions
Article 1 Terms
The organization: Personal Performance Training.
Agreement: The agreement is based on these General Terms and Conditions of Personal Performance Training in which the customer signs a written agreement for training by Joël van Wijk or Ramon Fiedler.
Article 2 Applicability
These conditions apply if the customer has registered with Personal Performance Training for participation in Personal Training, Kickboxing and Medical Fitness. These conditions apply to each of these activities. Any use of the Personal Performance Training services is at the customer’s own risk. Each participant must, before using any facility, or participate in any activity, be certain whether use or participation for that person is medically justified. In addition, every participant must be insured against accidents. If Personal Performance Training has adviced the customer to get a referral letter from the doctor’s before starting the training, the customer is required to do so.
Article 3 Intake procedure
To ensure responsible training, the customer is required to have an intake interview before taking part in one of the activities. The anamnesis form must be completed, signed and submitted to Personal Performance Training. The training program wil only be started after receiving the relevant form. The customer is required to inform Personal Performance training of changes in personal data. Personal Performance Training will assign a personal trainer to each client. In addition, Personal Performance Training will, if necessary, have all the power to make decisions about changing the assigned trainer.
Article 4 Time and location
Upon confirmation of registration, Personal Performance Training will indicate when and where the customer is expected. This is discussed with the customer in advance. If an appointment is cancelled due to circumstances, Personal Performance Training is authorized to reschedule in consultation with the customer. Cancellation must be announced 24 hours before the start of the training. This applies to both Personal Performance Training and the client. A training session with one of our personal trainers takes place at least once a week. If you are unable to attend for a week, the relevant training session will continue the next week. Please note that the duration of the contract can be extended because of missed training sessions.
Article 5 Execution
Personal Performance Training is obligated to, in view of the goals and activity, to supervise the customer to the best of their abilities during activities. The content of the training and the number of participants are determined by Joel van Wijk and Ramon Fiedler. Personal Performance Training performs the training to the best of its knowledge, expertise and ability. However, this is a best efforts obligation: Personal Performance Training does not guarantee the success of the training, nor the extent to which this training contributes to the goal set by the participant.
Artikel 6 Liability
Every assignment accepted by Personal Performance Training is a best effort obligation. Personal Performance Training is never liable for goals that have not been achieved. Personal Performance Training is only liable for shortcomings in the execution of the assignment that are the result of carelessness and incompetence when issuing advice and executing the assignments. Personal Performance Training is not liable if, for any reason whatsoever, items belonging to the participant and / or third parties are lost at the facilities of Personal Performance Training. Personal Performance Training is not liable for any damage suffered by the participant in any other way and this damage is due to non-compliance with instructions given orally or in writing by the Personal Trainer, or to the physical or mental condition of the participant. The customer hereby declares that he or she will receive the instruction solely at his own risk. The costs of any accident or injury will be borne entirely by the customer. The customer hereby declares to waive all rights to repair a damage action against Personal Performance Training for reimbursement of costs, damage and interest as a result of any accident or injury during performance of services that include Personal Performance Training. Personal Performance Training is liable if Personal Performance Training suffers damage in any way and this is due to non-compliance with oral or written instructions given by the Personal Trainer by the customer. The customer is required to indemnify Personal Performance Training against damage he or she causes to other participants.
Article 7 Termination
Personal Performance Training is entitled to terminate the agreement immediately in whole or in part without obligation to pay compensation, if the customer does not, or only partially, fulfill his obligations under the agreement. An interim termination of the agreement by the customer is only possible on medical grounds with proof of a medical statement by an accredited doctor, or when moving outside a radius of 15 kilometers from The Hague. A copy of registration in the new residence must be submitted to Joël van Wijk or Ramon Fiedler.
Article 8 Payment conditions
At the start of the agreement between the customer and Personal Performance Training, Personal Performance Training will indicate when and how payments must be done. If the participant does not pay in time, Personal Performance Training is entitled to refuse the participant access to the activity until payment has been done. In addition, all payments for the remaining duration of the agreement become claimable and the customer is obliged to pay Personal Performance Training within 14 days of being claimable. If Personal Performance Training has to proceed with collection of its claim against the customer, he or she also owes all extrajudicial collection costs and the statutory interests. If a direct debit is reversed, Personal Performance Training may charge an amount of € 4,- in administration costs to pay for collection. To the services of Personal Performance Training the VAT rate of 9% applies. All mentioned rates include VAT. If the costs rise due to unexpected circumstances, Personal Performance Training is entitled to raise the rates. In that case, the customer has the right to terminate the agreement. Unused, but already paid sessions will of course continue.
Article 9 Reporting illness
If the customer cannot participate in an activity due to illness, the client is obliged to inform Personal Performance Training as soon as possible. All costs of the services will be charged, if an appointment is not canceled 24 hours in advance. When interrupting the agreement due to illness, a deductible of two weeks applies. The agreement can then be suspended for a maximum of one year only on the proof of a medical statement issued by a recognized doctor.
Article 10 Force majeure, holidays and general recognized holidays
In the agreement, force majeure includes all that is defined by law and case law. Personal Performance Training is not not obliged to fulfil its obligations as stated in the agreement, if due to force majeure carrying out has become impossible . The agreement will then be terminated. In the event of illness of the Personal Trainer, the customer wil be offered an alternative or the agreement is extended by the number of weeks the trainer is ill. Holidays of the personal trainer will be announced well in advance. The agreement is will then be extended by the number of weeks the personal trainer is on holiday. Activities do not take place on generally recognized public holidays. If the participant should have had an appointment on a holiday, an alternative time is offered or the appointement will be pushed forward a day or a week.
Article 11 Health
The customer declares that he / she is healthy and physically able to follow the personal trainer’s instructions without damaging his health. In case of doubt, the customer is obliged to consult his or her doctor prior to the agreement with Personal Performance Training. throughout the duration of the agreement, the customer is also obliged to report Personal Performance Training any pain, discomfort, abnormal fatigue and / or changes in physical condition, before and during the training.
Article 12 Confidentiality
Personal Performance Training is subject to an obligation of strict confidenciality confidentiality regarding data received from and about the customer. Personal data of the customer is strictly confidential and is used solely and exclusively for administrative purposes. Personal data will never be used for publicity purposes, nor be passed on to third parties who would use these details for similar purposes.
Article 13 Intellectual Property
Without prejudice to the provisions in these General Terms and Conditions, the customer reserves the rights that the customer is entitled under the Copyright Act. Models, Methodologies and instruments that are developed and / or applied by Personal Performance Training for the execution of assignments are and remain the property of Personal Performance Training. Publication or other forms of disclosure thereof is only possible after obtaining written permission from Personal Performance Training. All documents provided by the client, such as reports, advice, training and feeding schedules, assignments, designs, sketches, drawings, software etc, for the benefit of Personal Performance Training can only be multiplied by Personal Performance Training for their own use in their own organization. All documents provided by the customer may not be made public by Personal Performance Training without prior permission from the customer, or brought to the knowledge of third parties on the penalty of misuse of the customer’s intellectual property.
Article 14 Disputes
The customer can turn to Personal Performance Training with any complaints. All disputes concerning the formation, the interpretation or the execution of the agreement or the resulting agreements can be submitted to the competent court of the district where Personal Performance Training is located. In all cases Dutch law applies.