Terms and conditions

These are the general terms and conditions of Strijder Personal Training, a company operating in the Sports and Physical Activity sector. Established at Europaweg 50, 3451 HG Vleuten, and registered with the Chamber of Commerce under number 68343175.

Version: 19-12-2024

Article 1. Definitions

• Strijder Personal Training: The company that offers various sports-related services (personal training, group training, HIIT training, bootcamp, and nutrition coaching).
• Client: The person or company that makes use of the services of Strijder Personal Training.
• Agreement: The contract concluded between Strijder Personal Training and the client for the provision of sports-related services.
• Service(s) and/or training: All activities, in whatever form, that Strijder Personal Training performs for or on behalf of the client.
• Trainer: The person who performs the training sessions on behalf of Strijder Personal Training.

Article 2. Applicability

2.1 These general terms and conditions apply to all offers, quotations, agreements, and services provided by Strijder Personal Training, unless otherwise agreed in writing.

2.2 By entering into an agreement with Strijder Personal Training, the client declares agreement with these general terms and conditions.

2.3 The agreement and quotation are not transferable or assignable and are therefore bound to the client, unless written permission has been obtained from Strijder Personal Training.

2.4 These General Terms and Conditions also apply to agreements with Strijder Personal Training for the execution of which third parties must be engaged.

Article 3. Services

3.1 Strijder Personal Training offers customized fitness programs, training sessions, nutrition plans, and nutritional advice.

3.2 The training shall take place at a location and time agreed upon by both parties.

3.3 A training session provided by Strijder Personal Training lasts one hour unless expressly agreed otherwise in writing by the parties.

3.4 Strijder Personal Training reserves the right to modify or adjust services if this is necessary for the quality or safety of the service provision.

Article 4. Execution of the Assignment

4.1 Strijder Personal Training shall perform the assignment to the best of its knowledge and ability and in accordance with the standards of good professional practice.

4.2 The obligation of Strijder Personal Training is an obligation of effort; success or the extent to which the services contribute to the client’s goals cannot be guaranteed.

4.3 Strijder Personal Training reserves the right to have the execution of a training carried out by a third party.

Article 5. Intake Procedure

5.1 In order to ensure responsible participation in sports, the client must receive, complete truthfully and in full, and return or hand over an intake form to Strijder Personal Training prior to participation in a training package.

5.2 If the client represents a company with multiple participants in a training, the representative is responsible for ensuring that each individual has completed and submitted an intake form to Strijder Personal Training prior to the start of the training sessions.

5.3 Strijder Personal Training reserves the right, after receipt of the intake form, to refuse the client’s registration without stating reasons.

Article 6. Responsibilities of the Client

6.1 The client is responsible for providing complete and accurate information regarding his or her physical condition, medical background, and any limitations. In case of doubt about suitability to train, the client must always consult a physician, both before and during the agreement.

6.2 The client must comply with the instructions provided by Strijder Personal Training to ensure safety.

6.3 Participation in training sessions is at the client’s own risk. Strijder Personal Training is not liable for damage resulting from failure to follow instructions.

6.4 The client should preferably report to the trainer, dressed for training, 10 minutes prior to the session.

6.5 The client must bring a towel and water bottle and is required to wear appropriate clothing and footwear during the training to prevent injuries.

Article 7. Health and Liability

7.1 Strijder Personal Training has liability insurance and is only liable for damage that directly and exclusively results from demonstrable negligence of Strijder Personal Training. Compensation is limited to the amount for which Strijder Personal Training is insured or reasonably should have been insured according to industry standards.

7.2 The client declares that he or she is in good health and able to participate in physical activities. Any health risks must be reported in writing prior to the training.

7.3 Strijder Personal Training is not liable for injuries or medical complications arising during or from physical activities, unless these are the direct result of negligence by Strijder Personal Training. The client acknowledges the risks of physical exertion.

7.4 Strijder Personal Training advises the client to consult a physician prior to participating in a training program if there is any doubt about health.

7.5 Strijder Personal Training is not liable for indirect damage, such as consequential damage, loss of income, loss of data, or any other damage for which Strijder Personal Training cannot reasonably be held responsible.

7.6 If the client has paid a relatively low fee for the services, any compensation shall be reduced proportionally. If the insurer does not proceed with payment, the liability of Strijder Personal Training remains limited to a maximum of the amount of the service provided.

7.7 Strijder Personal Training is not responsible for advice that falls outside the scope of the agreed assignment.

Article 8. Reporting Illness, Inability to Attend or Late Arrival

8.1 If the client is unable to participate in a training session due to illness or other reasons, the client must cancel as soon as possible, but at least 24 hours prior to the training, via the Strijder Personal Training app.

8.2 The client may reschedule a training due to illness or inability to attend a maximum of two times to a date and time agreed upon in consultation, within the validity period of the membership. In the event of more than two cancellations, the missed training will be charged.

8.3 Cancellations must be communicated at least 24 hours before the scheduled training. In case of late cancellations, the full cost of the training will be charged.

8.4 In the case of DUO training, where two persons participate, if one of the participants cancels or is not present, the entire training session will lapse. This means that no replacement session will be offered and the lesson fee will not be refunded. Both participants are responsible for each other’s attendance and must communicate jointly about any changes in scheduling.

8.5 In the event of a long-term injury, pregnancy, or serious illness, the agreement may be suspended for a maximum of one year, exclusively upon submission of a medical certificate from a recognized physician.

8.6 Training sessions start and end exactly at the scheduled time. Late arrival does not entitle the client to an extension of the training.

8.7 If the client arrives more than 15 minutes late, Strijder Personal Training will cancel the session and charge the full cost.

8.8 Strijder Personal Training reserves the right to cancel or reschedule a session in cases of force majeure or other unforeseen circumstances. The client will be informed in a timely manner.

Article 9. Rates

9.1 Unless otherwise agreed in writing, all prices and rates of Strijder Personal Training include VAT.

9.2 The rates include travel, accommodation, and other costs within a radius of 10 km from the registered address of Strijder Personal Training. For distances beyond this radius, a travel allowance applies in accordance with the maximum tax-exempt amount per kilometer as determined by the Dutch Tax Authorities.

9.3 If no specific price has been agreed, the costs will be determined based on the actual hours spent and the standard rates of Strijder Personal Training.

9.4 Strijder Personal Training reserves the right to increase the rates by a maximum of 5% as of 1 January of each calendar year.

Article 10. Payment Terms

10.1 Payment shall be made prior to the training by transfer to the bank account designated by Strijder Personal Training, unless otherwise agreed.

10.2 Strijder Personal Training sends invoices by email. The payment term is 14 days after the invoice date, unless otherwise stated.

10.3 Invoicing of subscription services by Strijder Personal Training takes place every 4 weeks. The client receives an invoice every 4 weeks for the subscription fees due, unless otherwise agreed in writing.

10.4 Payment for fixed packages at Strijder Personal Training shall be made prior to the start of the package. The client will receive an invoice for the full amount of the selected package, which must be paid within the indicated payment term. If otherwise agreed in writing, additional payment arrangements may be made.

10.5 In case of late payment, Strijder Personal Training reserves the right to suspend further sessions or terminate the agreement.

10.6 Objections to the amount of an invoice do not suspend the payment obligation.

10.7 The client is not entitled to offset amounts against counterclaims.

10.8 In the event of non-payment or late payment, the client is in default without notice of default being required, and statutory interest will be charged from the due date until the date of full payment.

10.9 Payments shall first be applied to outstanding interest and costs, and thereafter to the oldest outstanding invoices, even if the client states otherwise.

10.10 In the event of default, all reasonable extrajudicial collection costs shall be borne by the client.

10.11 For companies, in the event of non-payment, a collection fee of 15% of the outstanding amount applies, with a minimum of €15.

10.12 For consumers, the statutory collection costs apply. For consumers, collection costs will only be charged after a reminder with a payment term of 14 days.

10.13 In the event of bankruptcy, suspension of payment, attachment, death, or legal guardianship, all claims of Strijder Personal Training and obligations of the client shall become immediately due and payable.

10.14 All judicial and enforcement costs shall be borne by the client.

10.15 Refunds are not possible, unless the client is reasonably unable to attend the training

sessions due to long-term medical conditions or limitations. Costs for services already provided remain due.

Article 11. Cancellation of the Agreement

11.1 The client may only cancel the agreement if the training has not yet started.

11.2 Cancellation must be communicated in writing or by email to info@strijderpt.nl and is never possible with retroactive effect.

11.3 Cancellation fees for the client are as follows:

• More than 4 weeks before the start date: free of charge
• 3 to 4 weeks before the start date: 25% of the invoice amount
• 2 to 3 weeks before the start date: 50% of the invoice amount
• 1 to 2 weeks before the start date: 75% of the invoice amount
• Within 1 week before the start date: 100% of the invoice amount

11.4 Strijder Personal Training has the right to terminate the agreement with immediate effect and without any compensation if the client fails to fulfill his or her obligations in whole or in part.

11.5 Interim termination by the client is only permitted in the case of long-term medical limitations or relocation outside a radius of 50 km from the registered address. Proof of new registration must be provided. Services already delivered will be charged.

Article 12. Termination of the Agreement

12.1 For subscription services, a notice period of four weeks applies, whereby termination takes effect after the end of the current 4-week period. Example: If you cancel in week 2, your membership continues until the end of week 8. The costs for this period will be fully charged. Termination must be communicated in writing or by email to info@strijderpt.nl.

12.2 Fixed packages may be terminated at the end of the contract period. Termination must be communicated in writing or by email and must be received by Strijder Personal Training at least four weeks before the end of the contract. If timely termination is not made, the package will automatically be renewed under the same conditions as the original contract.

12.3 Strijder Personal Training reserves the right to terminate the agreement if the client fails to comply with the agreed arrangements, fails to make payments on time, or otherwise acts in violation of the general terms and conditions.

12.4 In the event of termination by Strijder Personal Training, any payment already made for unused sessions will be refunded proportionally.

Article 13. Force Majeure, Holidays, and Public Holidays

13.1 Strijder Personal Training is not liable for failure to fulfill obligations if this is the result of force majeure.

13.2 Force majeure shall be understood as defined by law and case law. Strijder Personal Training is not liable for failure to fulfill obligations under the agreement if this is the result of force majeure. In the event of force majeure, Strijder Personal Training has the right to cancel the training. Subsequently, in consultation with the client, a new date and time for the cancelled training will be determined. This may result in an extension of the duration of the Agreement.

13.3 No training sessions will take place on officially recognized public holidays. If the client has scheduled a training session on such a day, an alternative date and time will be offered to make up the session.

Article 14. Confidentiality and Privacy

14.1 Both parties are obliged to keep confidential all confidential information they receive from each other or from other sources within the framework of the agreement. Information is considered confidential if it has been indicated as such by the other party or if this follows from the nature of the information. The party receiving confidential information shall use it exclusively for the purpose for which it was provided.

14.2 If Strijder Personal Training is obliged on the basis of a statutory provision or court ruling to provide confidential information to third parties, and Strijder Personal Training cannot invoke a legal or court-recognized right of refusal, Strijder Personal Training shall not be liable for damages or compensation. In such a case, the client is not entitled to terminate the Agreement on the basis of any resulting damage.

14.3 Strijder Personal Training respects the privacy of the client and processes all personal data in accordance with applicable legislation, in particular the General Data Protection Regulation (GDPR). The client grants consent to this processing. Strijder Personal Training takes appropriate security measures to protect the client’s personal data.

14.4 Personal data will only be used for administrative purposes and for the provision of the agreed services. The data will never be provided to third parties without the client’s consent.

Article 15. Intellectual Property

15.1 All intellectual property rights to all products, materials, analyses, designs, software, documentation, advice, reports, quotations, electronic information, and preparatory materials thereof (collectively the “IP Material”) developed or made available in connection with the execution of the agreement shall exclusively vest in Strijder Personal Training or its licensors.

15.2 The client only acquires the rights and authorities with respect to the IP Material that arise from the agreement and/or that are expressly granted in writing.

15.3 The client is not permitted to transfer any acquired right or authority with respect to the IP Material to third parties without prior written consent from Strijder Personal Training.

15.4 The client is not permitted to remove or modify any indications regarding intellectual property rights, such as copyrights, trademark rights, or trade names, from the IP Material.

15.5 Any exploitation, reproduction, use, or disclosure by the client of the IP Material that falls outside the scope of the agreement or the granted rights and authorities shall be considered an infringement of the intellectual property rights of Strijder Personal Training.

15.6 For such infringement, the client shall pay an immediately due and payable penalty of €1000 per infringing act to Strijder Personal Training, without prejudice to the right of Strijder Personal Training to claim compensation for damages or to take other legal measures to terminate the infringement.

15.7 There shall be no infringement of intellectual property rights if the client has obtained explicit written permission from Strijder Personal Training for exploitation, reproduction, use, or disclosure of the IP Material that falls outside the scope of the agreement or the granted rights and authorities.

Article 16. Applicable Law and Disputes

16.1 All agreements, these General Terms and Conditions, and all non-contractual rights and obligations arising therefrom shall in all respects be governed by Dutch law, even if the client is established outside the Netherlands.

16.2 Disputes between Strijder Personal Training and the client arising from an agreement or these General Terms and Conditions, or from agreements resulting therefrom, shall in the first instance be submitted to the competent court of the District Court of Midden-Nederland.