Personal Training & Online Coaching

Article 1 DEFINITIONS

Organization: JDHPT (Jordi de Haan Personal Training), located in Utrecht.

Member: a natural person of at least 18 and maximum 80 years old, who has entered into an agreement with JDHPT.

Agreement: the Agreement between JDHPT and the member and a chosen Membership.

Services: the advice established by JDHPT regarding training, nutrition and lifestyle, offered on the basis of a personal program through online coaching.

Training app: the location at which JDHPT's online services are offered, unless another location has been agreed in advance.

Webapp (Trainin): the location where billing and scheduling and cancellation of PT sessions, video calls and evaluations of JDHPT are offered.

Subscription: the amount owed by the member for the services provided to JDHPT.

Parties: JDHPT and the member jointly.

Article 2 APPLICABILITY

These conditions apply to every agreement entered into between JDHPT and the member, unless the parties have agreed otherwise in writing prior to the agreement. Any use of JDHPT's services is at your own risk and every customer must ensure before using any service whether use or participation is medically and/or mentally responsible. If JDHPT advises to obtain a referral letter from the GP before starting training, the member is obliged to do so. JDHPT offers its services online via a training app, unless another location has been agreed in advance.

Article 3 INTAKE PROCEDURE

Before using the services of JDHPT, the member must have had a personal intake interview with Jordi de Haan. In addition, the member is obliged to return the online intake form, completed and signed, completely and truthfully, via the JDHPT website. Signing is done by agreeing to the general terms and conditions, via the check mark at the bottom of the intake form.

Article 4 THE AGREEMENT

The Agreement between the parties is concluded and is therefore legally valid as soon as:

The member based on the selected package has paid the first invoice to the JDHPT payment account;

The member has completed his/her first training and/or has used JDHPT's services.

The agreement is strictly confidential and can only be transferred to third parties after written permission from JDHPT. The member has a cooling-off period and the right to withdraw from the agreement, without payment of a fine and without giving a reason, within 14 days from the day the agreement was concluded. If the member decides to cancel the Agreement within the cooling-off period of 14 days, JDHPT is not entitled to charge costs based on services already provided. JDHPT only enters into agreements with persons who are at least 18 years old and maximum 80 years old. The member guarantees that he/she only provides correct personal data. JDHPT has the right to terminate the agreement prematurely if it appears that the member is younger than 18 or older than 80 years old, does not follow the program correctly and/or does not behave in an appropriate manner in accordance with the rules of the gym without obligation to pay compensation. or refund of invoices already paid.

Article 5 PAYMENT TERMS

The membership chosen by the member and the associated monthly amount are always invoiced at the beginning of the month by direct debit. Payment is therefore always made before purchasing the service. If the member cancels, payment of the amount due must be made no later than 14 days after the invoice date. If the invoice is not paid on time, the member is in default and will be informed of this by a payment reminder by email, which gives the member the option to pay the invoice within 5 days. If the member does not pay on time, JDHPT is entitled to refuse access to the service until payment has been received. In addition, all payments due for the remaining term of the agreement become due and the member must pay JDHPT within 14 days after becoming due. If JDHPT has to collect the claim, the member is liable for all extrajudicial collection costs and statutory interest. The 21% (online coaching) VAT rate applies to JDHPT's services. Once the agreement has been converted into an agreement for an indefinite period with monthly termination option, the rates can be increased annually. In that case, the member has the right to terminate the agreement prematurely. Unused but paid memberships will of course continue until the last day of the month. If the member continues the agreement with JDHPT after an increase in the rates, the same conditions as in these general terms and conditions apply. JDH PT reserves the right to adjust the rates twice a year. A rate change will be announced at least one month before it takes effect by direct email contact from us. Dutch law applies to my conditions

Article 6 PERSONAL DATA

JDHPT is obliged to handle the member's personal data strictly and confidentially and are only used for JDHPT's administrative work-executing purposes and/or to enable communication between parties. Personal data is never made available to third parties for commercial purposes.

Article 7 DURATION AND DISSOLUTION

After four weeks, from the date of conclusion of the agreement, the member is free to continue the cooperation between the parties for an indefinite period, without having to take into account a notice period. If the member wishes to terminate the collaboration, the member must notify this no later than 10 days before the end of the month. This can be done by sending an email to info@jordidehaan.nl. An early termination of the agreement by the member is only possible on the basis of:

Medical grounds with a medical certificate from a recognized doctor. Written proof of this must be submitted to JDHPT.

When moving outside a radius of 15 kilometers from the member's training location. A copy of registration at your new home address must be submitted to JDHPT.

If the agreement is terminated prematurely, the remaining amount for which no services have yet been provided will be refunded to the member's payment account within 14 days. JDHPT has the right to immediately terminate the agreement in whole or in part, without obligation to pay compensation and refund of invoices already paid, if the member does not fully or partially fulfill his/her obligations under the agreement.

Article 8 LIABILITY JDHPT

JDHPT provides tailor-made services, based on advice regarding nutrition, training and lifestyle. The services provided by JDHPT are provided from the effective date of the agreement. JDHPT is obliged to guide the member as best as possible during the agreement, and carries out the work within the framework of the assignment to the best of its expertise and ability. JDHPT is obliged to treat all information received from the member confidentially at all times. Every assignment accepted by JDHPT is subject to a best efforts obligation. JDHPT can therefore never be held liable for results not achieved by the member. 

JDHPT is not liable, for whatever reason, in any way if items belonging to the member and/or third parties are lost and is not liable if the member suffers damage in any other way and this damage is due to failure to follow oral instructions. or written instructions given by the Online Coach & Personal Trainer of JDH PT (Jordi de Haan), or to the physical or mental condition of the member. The member hereby agrees that he or she will receive the services at his or her own risk. The costs of any accident or injury will be borne entirely by the member and the member hereby declares that he now waives all rights to recover an action for damages against JDHPT for reimbursement of costs, damages and interest resulting from any accident or injury to as a result of the performance of services that JDHPT offers. 

JDHPT 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. In such cases, JDHPT is in all cases limited to the amount paid out in a particular case by JDHPT's liability insurer. JDHPT reserves the right at any time to change any part or all functionality of one or more components of the JDHPT online customer portal or to discontinue for a period or forever. JDHPT will always communicate with the member about this. After the change and/or discontinuation, some of the information shared by the member may be unavailable or lost. In the event of a change, for whatever reason, the member is not entitled to a refund of services already paid (in advance), because the use of the online customer portal concerns an additional service, which the member has to offer since the conclusion of the agreement. the agreement does not have to pay any additional costs. JDH PT must respond within 24 hours on weekdays from Monday to Friday. If JDHPT fails to do so on a weekly basis, the member retains the right to cancel the subscription free of charge.

Article 9 CANCELLATION, REPORT SICK AND DELAY

JDHPT will, in consultation with the member, announce where and when the member is expected online. If a day or time cannot take place, JDHPT has the authority to schedule another suitable time together with the member. If in this case no suitable time can be found to make up the online appointment (hereinafter referred to as: appointment), this appointment will be deducted once from the next invoice. The member acknowledges that a coaching session has been reserved and, in order to reschedule the appointment free of charge, notice of cancellation must be given at least 24 hours in advance. Cancellation is usually done via Webapp or WhatsApp. The relevant appointment will be made up at a time convenient for both parties. If no suitable time is found, within the last paid billing month, to make up the appointment and the member has canceled 24 hours in advance, this appointment will be deducted once from the next invoice. If the member cancels within 24 hours before the start of an appointment and there is no force majeure on the part of the member, the costs will be charged and the member loses the right to reschedule the appointment free of charge. Whether there is force majeure on the part of the member is at the discretion of JDHPT. The member must report cancellations due to holidays to JDHPT at least two weeks in advance. In this case, the relevant appointments, within the date limit based on the last paid billing month, will be made up at a time convenient for both parties. If this is not possible, the relevant agreements will be settled on the next invoice. Cancellations due to holidays that are not reported in time by the member can only be made up within the date limit based on the last paid billing month. JDHPT reserves per customer and minutes differ for different appointments.

• Digital intake: 30 minutes
• Weekly video call: 15 minutes
• Monthly video call: 15 minutes
• Evaluation interview: 30 minutes

The member acknowledges that all appointments begin and end at the scheduled times. Delays and/or tardiness of the member are not grounds for extending the appointment beyond the remaining duration of the scheduled time. The appointment will be canceled if the member arrives more than 15 minutes late and costs will be charged. This also applies to JDHPT, but in this case the appointment will be extended, if possible, beyond the remaining duration of the scheduled time or moved free of charge to another suitable time for both parties.

Article 10 TRAINING PROGRAM

The member receives a 13-week training program with recurring exercises. JDHPT adjusts the program weekly based on the level of the member. Incorrect interpretations of the exercises resulting from (wrong) following, not reading (properly), or misunderstanding towards JDHPT is entirely at the risk of the member.

Article 11 FORCE MAJEURE, HOLIDAYS, RECOGNIZED HOLIDAYS AND COVID-19

Force majeure with regard to the agreement means everything that is included in the law and case law. JDHPT is not obliged to fulfill its obligations under the agreement if compliance has become impossible due to force majeure. The agreement will then be dissolved. If the Online Coach, Jordi de Haan, is ill, an alternative will be offered to the participant or the agreement will be extended by the number of days that the trainer is ill. Holidays of the Online Coach & Personal Trainer are announced two months in advance. The agreement will then be extended by the number of weeks that the Online Coach is on holiday. Activities do not take place on public holidays. 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. The maximum number of vacation days is 28 days. The subscription can be suspended during this period and caught up after the holidays with a maximum of 28 days. This applies to both the Online Coach and the member. In the event that the member cannot train in a gym due to the coronavirus (covid-19), the subscription may be frozen. The subscription will be activated again after the gyms reopen.

Article 12 INTELLECTUAL PROPERTY

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

Article 13 DISPUTES

The member can contact JDHPT with any complaints. All disputes regarding the conclusion, interpretation or implementation of the agreement or the agreements resulting from it can be submitted to the competent court of the district where JDHPT is located. Dutch law applies in all cases.

Results are not guaranteed. These depend on factors beyond JDHPT's control. Maximum effort from the member is required for the best results.

Article 14 PRIVACY

The member agrees that his/her details (consisting of first and last name) will be added to the closed community in the Training App. The name is only visible to all customers affiliated with JDHPT. The member reserves the right not to participate in the community in the training app.  

Article 15 COMMERCIAL USE

The member gives Jordi de Haan permission to use images made by the member, by Jordi de Haan or by the photographer in which the member is visible. This does not constitute consent if the member explicitly indicates that he or she wishes to withdraw certain images. The member always retains his/her portrait rights. The member may use all captured images for private purposes without restriction.

Article 16 MEMBER OBLIGATIONS

The member declares that he/she is healthy and physically able to follow the instructions of JDHPT without harm to his/her health. In case of doubt, the member undertakes to consult his/her doctor before entering into the agreement with JDHPT. During the agreement, the member is also obliged to report pain(s), discomfort, abnormal fatigue and/or changes in physical condition before, during or after the training sessions to JDHPT. The member is obliged not to be under the influence of alcohol, drugs, medicines or substances registered as doping during the guidance of Jordi de Haan. If the member uses medications for medical purposes, the member is obliged to inform JDHPT of this in writing or via the online intake form. The member is obliged to provide correct and correct information in general and declares that the information provided, such as for registration, is correct, correct and complete and that, if it changes, it will be adjusted by the member. The member has the obligation not to provide material that is protected by copyright and may not provide third parties with access to information or to his/her online customer portal, which JDHPT makes available during the agreement. In the event of a violation, the member is fully liable for direct and indirect damage. The member is fully liable for all damage to third parties as a result of information shared by the member. The member agrees that JDHPT stores, processes and uses all data provided by the member and generated through the use of the online customer portal as further described in Article 6 of these general terms and conditions. The member is responsible for scheduling digital intake interviews, evaluation interviews, weekly video calls and/or monthly video calls.