Vital, fit and in lead

General terms and conditions

Article 1 – Definitions and applicability

In these general terms and conditions the following terms shall have the following meanings:

Contractor: Leading Recovery Men, part of Vitaliteitshuys. Registered in the trade register under number: 77131177, which uses these general terms and conditions for offering services.
Client: the person or body that commissions the contractor to perform services.
Client: the person who uses one of the services offered by the contractor.
The principal and the client may, but need not, be the same.
Unless otherwise agreed in writing, these general terms and conditions apply to all offers and agreements of the contractor.
Any deviations from these general terms and conditions are only valid if they have been expressly agreed in writing.
The applicability of any terms and conditions of the client is expressly rejected by the contractor, unless these have been expressly accepted by the contractor in writing.
No rights can be derived from the tacit failure to apply these general terms and conditions.

Article 2 – Quotations and offers

Quotations from the contractor are based on information provided by the client.
All quotations and offers from the contractor are without obligation, unless expressly stated otherwise in the offer.
Quotations are valid until the date stated on the quotation. After this date, no rights can be derived from the underlying quotation.
Unless otherwise stated in a quotation, the prices quoted for both companies and private clients are exclusive of VAT.
Quotations do not automatically apply to future orders.
The contractor cannot be held to a quotation if the client could reasonably understand that (a part of) the quotation contains an obvious error or mistake.

Article 3 - Formation and performance of agreement

An agreement between the contractor and a client is concluded by offer and acceptance.
An order is placed by returning a signed quotation issued by the contractor, or by approving a quotation sent digitally by the contractor.
The agreement is also deemed to have been concluded in accordance with the quotation issued by the contractor as soon as the actual provision of services has commenced by the contractor.
The agreement concluded with the contractor results in an obligation of effort on the part of the contractor, not an obligation of result.
The contractor is obliged to carry out the work to be performed by him to the best of his knowledge and ability, in accordance with the requirements of good workmanship.
In some cases, the contractor provides services to him (also) with the assistance of third parties engaged by him.
In the event of force majeure, as a result of which compliance with the agreement cannot reasonably be required of the contractor, the performance of the agreement will be suspended in order to be fulfilled at a later date, or the agreement will be terminated, all without any obligation to pay damages.

Article 4 – Provision of information by the client

The client is obliged to provide all personal data requested by the contractor. The contractor will only request data that is necessary for the execution of the agreement. If, after the conclusion of the agreement, changes occur in the data provided by the client, this must be communicated to the contractor.
The contractor is not responsible for the consequences of the client not receiving information due to incorrect (address) data.

Article 5 – Payment

Payment must be made within the period stated on the invoice, in a manner to be specified by the contractor, unless otherwise agreed. If no period has been agreed, payment must be made within 14 days after the invoice date.
If the client fails to pay the invoice on time, he will be in default immediately and without notice of default. The client will then owe statutory interest to the contractor. In that case, the contractor may decide to suspend the provision of services to the client or to terminate the agreement with immediate effect. The contractor will notify the client in writing of any intention to suspend the provision of services or terminate the agreement.
Objections to the amount of the invoice do not suspend the client's payment obligation.
All (extra)judicial costs associated with the collection will be borne by the client.
Unless otherwise agreed in writing, the client is the person obliged to pay the agreed price for the services provided by the contractor.

Article 6 – Cancellation/termination of the agreement

The Contractor has the right to cancel a coaching session, coaching trajectory, workshop or training without giving any reason or to refuse participation of a client or customer, or to refuse the coachee designated by the client, in which cases the client is entitled to a refund of the full amount paid by the client to the Contractor.
Cancellation by the client or customer can be done free of charge up to 4 weeks before the start of a coaching trajectory, workshop or training. In case of cancellation by the client or customer between 4 and 2 weeks before the start, the costs are 50% of the agreed total amount. In case of cancellation by the client or customer within 2 weeks before the start of the coaching trajectory, coaching session, workshop or training, the total amount will be charged. In case of non-cancellation, the client or customer is obliged to pay the total amount of the coaching trajectory, coaching session, workshop or training.
If the client or the customer terminates participation prematurely after the commencement of the coaching process or training or otherwise does not participate, the client is not entitled to any refund, unless the special circumstances of the case, in the opinion of the contractor, justify otherwise.
An individual coaching session can be cancelled or rescheduled free of charge up to 24 hours before the start. The contractor strives to always continue with appointments or to reschedule them to another time. In the event of cancellation within 24 hours, the contractor is entitled to charge the previously agreed price.
The contractor has the right to terminate the agreement with immediate effect and without judicial intervention if the client fails to fulfil the obligations arising from the agreement, including the obligations set out in these terms and conditions, unless the client, after having been given written notice to do so, fulfils its obligations within 14 days after sending this notice.

Article 7 – Liability and risk

The contractor accepts no liability towards the client arising from a shortcoming or unlawful act attributable to the contractor.
If damage is caused to persons or property by or in connection with the performance of services by the contractor or otherwise, for which the contractor is liable, such liability will be limited to the amount of the payment under the liability insurance taken out by the contractor, including the deductible borne by the contractor in connection with that insurance.

Article 8: Force Majeure

The contractor is not obliged to fulfil any obligation towards the client if it is prevented from doing so by force majeure. The contractor may suspend the obligations under the agreement during the period that the force majeure lasts. If this period lasts longer than two months, both parties are entitled to terminate the agreement, without any obligation to compensate the other party for damages. Work carried out by the contractor before the force majeure occurred may be invoiced to the client.

Article 9 – Intellectual property and user rights

The copyright and any other intellectual property rights remain with the contractor. All documents produced and/or provided by the contractor, such as reports, advice, calculations, etc., are exclusively intended for use by the client and may not be reproduced, made public or implemented by parties other than the contractor without the prior consent of the contractor, unless expressly agreed otherwise or unless the nature of the documents provided dictates otherwise. Article 10 - Complaints procedure Any complaints about services provided by the contractor must be made known to the contractor in writing and with reasons within 8 days of delivery thereof. Failing this, the client is deemed to agree with the services provided. Submitting a complaint does not release the client from his payment obligation.

Article 11 - final provision

If a provision in these general terms and conditions is or becomes void, the other provisions of these general terms and conditions will remain fully applicable. To replace the void or voided provision, the contractor and the client will agree on a new provision in consultation. In doing so, the purpose and scope of the original provision will be taken into account as much as possible.

The agreement between the contractor and the client is governed by Dutch law.

These terms and conditions shall remain in force if the contractor changes its name, legal form or owner.

In order to be able to carry out the assignment as well as possible, the contractor keeps a record of personal and administrative data. In order to guarantee clients and customers that their privacy is protected and that their data is handled with care, the contractor uses a privacy regulation.

Article 1 – Personal data

The personal data provided by the client to the contractor are personal data within the meaning of the General Data Protection Regulation (GDPR). The contractor is responsible for ensuring that these personal data are processed in accordance with the GDPR and in a proper and careful manner.

The personal data provided by the client are exclusively intended for the purpose for which they were transferred and issued. This concerns data with which the contractor can carry out the assignment, data with which the contractor can keep the financial administration and data with which the contractor can contact the client.

The client may request access to his personal data and to improve, supplement or modify this data.

Article 2 – Confidentiality

The contractor treats all information about individual clients confidentially and ensures that this information is not disclosed to third parties. Personal data of clients will never be shared with third parties without explicit permission. Only in emergencies where the life of the client himself or others is or is at risk, can this be deviated from. Another exception to this is compliance with a legal obligation. The client will always be informed of this.

The contractor shall ensure that this confidentiality obligation is also complied with by any third parties engaged in the performance of his work.

Article 3 – Retention period

Personal data will never be stored longer than necessary for the purpose of carrying out the assignment, unless otherwise agreed with the client and unless this is required by law. Administrative documents such as invoices have a statutory retention period of 7 years.

For other documents, a retention period of up to 3 years applies.