Introduction
Your agreement is with Custom Training (the “Provider”) who contracts the personal trainers (the "Trainers") that deliver your training.
These Terms and Conditions form part of your agreement with the Provider. Your instructions to commence personal training will constitute acceptance of these Terms and Conditions, meaning you will become a client (a “Client” or “you”).
You are asked to pay special attention to the provisions related to cancellations. This does not affect your legal rights.
Provider's Obligations
The Trainers will use their skills and knowledge to design a safe programme of exercise that will take into account your lifestyle, personal goals, fitness levels and medical history.
The Trainers will provide the coaching, supervision, advice and support that you will need to achieve your goals. Apart from the initial consultation (and the first personal training session if taken immediately afterwards) each personal training session will last approximately 60 minutes unless otherwise agreed (a “Session”).
You understand that the results of any fitness programme cannot be guaranteed. Your progress depends on your effort and co-operation in and outside of the Sessions. You acknowledge that individual results may vary and that no particular result is guaranteed by the Provider and her Trainers.
All Client information will be kept strictly private and confidential.
Your Obligations
It is understood between you and your Trainer that both must commit to your training programme 100% in order for you to achieve results.
You are required to arrive on time for each Session so that the Trainer’s full training plan is achieved on each Session.
You are required to wear appropriate clothing and footwear, as reasonably prescribed by the Provider at any time.
You understand and agree that it is your responsibility to inform the Trainer of any conditions or changes to your health, now and ongoing, which might affect your ability to exercise safely and with minimal risk of injury. Should you experience any pain, discomfort, or injury during any of your Sessions, you are required to inform your Trainer immediately in order to ensure appropriate action is taken. The Provider and the Trainer are not liable for undeclared or unknown medical conditions.
You should not exercise beyond your own abilities. If you know or are concerned that you have a medical condition or have been prescribed medication which might interfere with you exercising safely, before you start your Sessions you should get advice from a medical professional and follow that advice. You understand that there are inherent risks in participating in a programme of strenuous exercise. If you sustain any injury while participating in Session, you acknowledge that the Trainer is not responsible, except where the injury was caused by gross negligence or wilful misconduct.
If you bring children or minors to the Session they remain your responsibility throughout and the Trainer cannot be held liable.
The Trainer may provide you with advice regarding food and nutrition. You understand that such advice does not qualify in any way as medical treatment, Trainers do not qualify as health care providers and cannot diagnose and/or prescribe treatment for any form of injury, disease, or other medical condition.
Liability
The total, aggregate liability of the Provider and the Trainers due to an attributable breach of their obligations, including the breach of a warranty (in Dutch: “toerekenbare tekortkoming”) and/or any unlawful act (in Dutch: “onrechtmatige daad”) or otherwise, is limited to the amounts paid by the insurer of the Provider for a covered claim. The provider shall take out an adequate and reasonable general liability insurance in order to cover its risks hereunder, as far as possible.
Attending Sessions and leaving belongings in the changing rooms are at your own risk. The Provider accepts no liability for loss or damage of personal belongings. The Provider and the Trainers are not liable for any injury or damage you may suffer as a result of the incorrect use of the equipment and/or facilities or for personal injuries sustained during Sessions. Participating is always at your own risk.
Payment
All types of membership have their own membership fee and conditions, which can be found on the website. You owe the subscription fee for the entire subscription period in advance. The first payment shall be made upon subscription by online payment and the subsequent payments shall be carried out every 4 weeks in advance by SEPA direct debit authorization approved by you, until you terminate your membership.
If Custom Training is not able to collect your payment for whatever reason (e.g. reversal of the instruction, insufficient balance etc.), we will send the direct debit to your bank again. You are given two weeks to pay the amount due. If you are in default after this two-week period, the claim will be handed over for collection. All costs incurred for this are for your account of the cardholder. Custom Training also have the right to terminate the agreement and/or to suspend your membership with immediate effect.
Custom Training reserves the right to change the pricing of all memberships. Any changes are announced in advance on the website, and/or by email. The currently applicable rates are always mentioned on the website.
Cancellation and Refunds
24 hours’ notice of cancellation or postponement is required for all appointments. Notice of less than 24 hours will incur full payment of the full Session fee and no possibility to catch up ("Redo") on the Session.
Once you cancel or postpone your Session, you have 10 workings days to Redo on the Session. After 10 working days you will not have the possibility to Redo the session.
Once purchased, your Sessions are non-refundable and non-transferable.
In case of a holiday, you have the right to pause your Sessions for a maximum period of four (4) weeks per year. The pause must be requested at least one calendar month in advance by providing written notice to the Provider.
Once you have signed up, you can choose for one of the memberships. During that month you cannot make any changes to your membership. Any changes you request with regard to the membership will take effect the following month.
You also have the possibility to purchase extra Sessions within your membership.
Lateness Policy
If you are late at the Session, the Session will not be extended and will end at the appointed time.
If the Trainer is late, additional time will be added to the Session or to subsequent Sessions.
Health and Safety
Your Trainer has completed and holds a current certificate for emergency first aid at work approved by the Health and Safety Executive.
Term and Termination
The agreement shall enter into force upon signing by both parties and shall remain in force for an initial term of four (4) weeks. Unless you have provided written notice of termination of the agreement as of the end of the initial term taking into account a notice period of no less than one (1) month, this agreement shall be automatically extended after the initial term for an indefinite period of time, on the same terms and conditions, until terminated by either party by providing a notice of termination to the other party, taking into account a notice period of no less than one (1) month.
In the event of termination (“ontbinding”), any performance already delivered and the payment obligations related to it will not be the subject of reversal. Amounts invoiced by the Provider before the termination in connection with anything that it has already performed or delivered in executing the agreement will continue to be owed and will become immediately due and payable at the time of the termination.
General
You understand that in the unlikely event of your Trainer being unable to continue your training, for any reason, you can request a full refund from the Provider for any unfulfilled Sessions.The Provider has the right to change these Terms of Service, for example, to be able to offer new services or as required by law.
The Provider will notify you of any change. When such a change(s) is made, if dissatisfied you can cancel this agreement once you have made any payments already due to the Trainer.
If at any time any provision in these Terms of Service is or becomes illegal, void or invalid for any reason whatsoever, such invalidity shall not affect the validity of the remainder of these Terms of Service and the Provider shall replace such invalid provision shall be replaced by another provision which, being valid in all respects, shall have an effect as close as possible to that of the replaced provision.
Your training may be filmed or pictures taken for marketing purposes, with prior written consent by you. Your consent means you consent to photography, filming and sound recording which may include you as a Client and its use in commercial distribution without payment or copyright.
This agreement is governed by the laws of The Netherlands and is subject to the jurisdiction of the Dutch courts.
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