GENERAL TERMS AND CONDITIONS Saskia de Badts Health coaching

 Saskia de Badts Health Coaching (hereinafter: Saskia de Badts Health Coaching) is registered with the Chamber of Commerce under number 83997091 and is located at Funenpark 394 (1018AK) in AMSTERDAM.

 

Article 1 – Concepts

1. In these general terms and conditions, the following terms are used with the following meaning, unless explicitly stated otherwise.
2. Offer: any offer or quotation to the Participant for the provision of Services by Saskia de Badts Health Coaching.
3. Consumer: the natural person who is not acting in the exercise of a profession or business.
4. Company : the natural or legal person acting in the exercise of a profession or Company.
5. Participant : the natural person or Company who actually participates in the Service.
6. Services: To provide ongoing support and guidance in setting goals and making lasting changes that improve health and happiness on a lasting basis.
7. Saskia de Badts Health Coaching: the service provider that offers Services to the Participant.
8. Agreement: any (distance) Agreement and other obligations between the Participant and Saskia de Badts Health Coaching, and also proposals from Saskia de Badts Health Coaching for Services provided by Saskia de Badts Health Coaching to the Participant and which are accepted by the Participant and are accepted and performed by Saskia de Badts Health Coaching, with which these general terms and conditions form an inseparable whole.
9. Website : https://saskiadebadtshealthcoaching.com/ https://well-being4women.com
10. 10 . Start Date: The moment the Service commences.

 

Article 2 – Applicability

1. These general terms and conditions apply to every Offer from Saskia de Badts Health Coaching, every Agreement between Saskia de Badts Health Coaching and the Participant and to every Service offered by Saskia de Badts Health Coaching.
2. Before an Agreement is concluded, the Participant will be given these general terms and conditions. If this is not reasonably possible, Saskia de Badts Health Coaching will indicate to the Participant how the Participant can view the general terms and conditions.
3. Deviation from these general terms and conditions is not possible. In exceptional situations, the general terms and conditions can be deviated from insofar as this has been explicitly agreed in writing with Saskia de Badts Health Coaching.
4. These general terms and conditions also apply to additional, changed and follow-up assignments from the Participant.
5. The general terms and conditions of the Participant are excluded
6. If one or more provisions of these general terms and conditions are partially or wholly null and void, the other provisions of these general terms and conditions will remain in effect, and the null and void/annulled provision(s) will be replaced by a provision with the same purport as the original one. provision.
7. Uncertainties about the content, explanation or situations that are not regulated in these general terms and conditions must be assessed and explained in the spirit of these general terms and conditions.
8. The applicability of Articles 7:404 of the Dutch Civil Code and 7:407 paragraph 2 of the Dutch Civil Code is explicitly excluded.
9. References to she/her in these terms and conditions should also be understood as a reference to he/him/his, if and to the extent applicable.

Article 3 – The Offer

1. An Offer can be made by Saskia de Badts Health Coaching via the Website, social media, (personal) email and by telephone.
2. All offers made by Saskia de Badts Health Coaching are without obligation, unless expressly stated otherwise in writing. If the Offer is limited or valid under specific conditions, this will be expressly stated in the Offer.
3. Saskia de Badts Health Coaching is only bound by an Offer if it is confirmed in writing by the Participant within 7 days. Nevertheless, Saskia de Badts Health Coaching has the right to refuse an Agreement with a (potential) Participant for a valid reason for Saskia de Badts Health Coaching.
4. The Offer contains a description of the Services offered. The description is sufficiently specified, so that the Participant is able to make a proper assessment of the Offer. Any images and/or data in the Offer are only an indication and cannot be grounds for any compensation or dissolution of the Agreement (at a distance). The Offer states in any case:

1. The method of implementation of the Agreement;
2. The Start Date of the Service;
3. Duration of the Service:
4. The price of the Service;
5. The method of payment for the Service;

4. Offers or quotations do not automatically apply to follow-up orders.
5. The Start Date in the Saskia de Badts Health Coaching Offer is in principle indicative and does not entitle the Participant to dissolution or compensation if it is exceeded, unless expressly agreed otherwise.

Article 4 – Formation of the Agreement

1. The Agreement is concluded at the moment that the Participant has accepted an Offer from Saskia de Badts Health Coaching by paying for the relevant Service through the specified payment provider Mollie. If it concerns a workshop, then agreement must be given to the offer sent by email. For minor Participants, written permission from a parent or guardian is required.
2. If the Participant has accepted the Offer by concluding an Agreement with Saskia de Badts Health Coaching, Saskia de Badts Health Coaching will confirm the Agreement with the Participant in writing, at least by e-mail.
3. If the acceptance deviates (on minor points) from the Offer, Saskia de Badts Health Coaching is not bound by it.
4. Saskia de Badts Health Coaching is not bound by an Offer if the Participant could reasonably have expected or should have understood or should have understood that the Offer contains an obvious mistake or error. The Participant cannot derive any rights from this mistake or error.
5. The right of withdrawal is excluded for Student being a Company. Student being a Consumer has the right to dissolve the Agreement within 14 calendar days after it has been concluded free of charge and without giving reasons (right of withdrawal). The Consumer makes use of the right of withdrawal by sending an unambiguous statement by post, fax or e-mail within this period that the Agreement must be dissolved.
6. Saskia de Badts Health Coaching has the right to revoke the Agreement up to 5 working days before the start of the relevant Service if the minimum number of Students to be determined by Saskia de Badts Health Coaching has not been achieved. In such a case, Saskia de Badts Health Coaching will move the Service to a new date and inform the Student immediately. If the Service cannot be moved, monies already paid will be refunded.

Article 5 – Duration of the Agreement

1. The Agreement is entered into for the duration of the Service, unless agreed otherwise.
2. Both the Participant and Saskia de Badts Health Coaching can dissolve the Agreement on the basis of an attributable shortcoming in the fulfillment of the Agreement if the other party has been given written notice of default and has been given a reasonable term to fulfill its obligations and it still fails to fulfill its obligations. obligations in that case correctly. This also includes the Participant's payment and cooperation obligations.
3. The dissolution of the Agreement does not affect the payment obligations of the Participant insofar as Saskia de Badts Health Coaching has already performed work or has delivered services at the time of the dissolution. The participant must pay the agreed fee.
4. Both the Participant and Saskia de Badts Health Coaching can terminate the Agreement in whole or in part in writing with immediate effect without further notice of default if one of the parties is in suspension of payment, bankruptcy has been filed or the relevant company ends due to liquidation. If a situation as mentioned above occurs, Saskia de Badts Health Coaching is never obliged to refund monies already received and/or compensation.

Article 6 – Cancellation

1. For 1 on 1 coaching and group coaching online/offline, the Participant being a Consumer can move the appointment 24 hours before the Start Date.
2. For workshops, the Participant being Company can move the date 14 days before the start of the workshop
3. The participant is liable to third parties for the consequences of the cancellation and indemnifies Saskia de Badts Health Coaching against the ensuing claims of these third parties.

Article 7 – Execution of the service

1. Saskia de Badts Health Coaching will make every effort to perform the agreed Service with the greatest possible care, as may be expected from a good service provider. Saskia de Badts Health Coaching guarantees a professional and independent service. All Services are performed on the basis of a best efforts obligation, unless a result has been agreed explicitly and in writing, which has been described in detail.
2. The Agreement on the basis of which Saskia de Badts Health Coaching performs the Services is leading for the size and scope of the services. The Agreement will only be executed for the benefit of the Participant. Third parties cannot derive any rights from the content of the Services performed in connection with the Agreement.
3. The information and data provided by the Participant are the basis on which the Services offered by Saskia de Badts Health Coaching and the prices are based. Saskia de Badts Health Coaching has the right to adjust its services and prices if the information provided proves to be incorrect and/or incomplete.
4. In the performance of the Services, Saskia de Badts Health Coaching is not obliged or held to follow the instructions of the Participant if this changes the content or scope of the agreed Services. If the instructions result in further work for Saskia de Badts Health Coaching, the Participant is obliged to reimburse the additional additional costs accordingly on the basis of a new quotation.
5. Saskia de Badts Health Coaching is entitled to engage third parties for the performance of the Services at its own discretion.
6. If required by the nature and duration of the assignment, Saskia will keep the Badts Health Coaching Participant informed of progress in the agreed manner.
7. The performance of the Services is based on the information provided by the Participant. If the information needs to be changed, this may have consequences for any established planning. Saskia de Badts Health Coaching is never liable for adjusting the planning. If the commencement, progress or delivery of the Services is delayed because, for example, the Participant has not provided all the requested information or has not provided it on time, or has not provided it in the desired format, does not cooperate sufficiently, any advance payment has not been received by Saskia de Badts Health Coaching in time or there is a delay due to other circumstances, which are at the expense and risk of the Participant, Saskia de Badts Health Coaching is entitled to a reasonable extension of the delivery/completion period. All damage and additional costs as a result of delay due to a cause as mentioned above are at the expense and risk of the Participant.

Article 8 – Obligations of the Participant

1. The participant is obliged to provide all information requested by Saskia de Badts Health Coaching as well as relevant appendices and related information and data in time and/or before the start of the work and in the desired form for the purpose of correct and efficient execution of the Agreement. In the absence of this, Saskia de Badts Health Coaching may not be able to realize a full implementation and/or delivery of the relevant documents. The consequences of such a situation are at all times for the account and risk of the Participant.
2. Saskia de Badts Health Coaching is not obliged to check the correctness and/or completeness of the information provided to it or to update the Participant with regard to the information if it has changed over time, nor is Saskia de Badts Health Coaching is responsible for the correctness and completeness of the information compiled by Saskia de Badts Health Coaching for third parties and/or provided to third parties in the context of the Agreement.
3. Saskia de Badts Health Coaching can, if necessary for the implementation of the Agreement, request additional information. Failing this, Saskia de Badts Health Coaching is entitled to suspend its activities until the information has been received, without being obliged to pay any compensation to the Participant for any reason whatsoever. In the event of changed circumstances, the Participant must inform Saskia de Badts Health Coaching of this immediately or no later than 3 working days after the change has become known.
4. Participant is obliged to attend all meetings regarding advice, training, workshop (both physical and online). If the Participant cannot be present for whatever reason, the Participant must make this known before the start of the relevant day, stating well-founded reasons. The participant is obliged to actively participate in the meetings.

Article 9 – Nutritional advice

1. Saskia de Badts Health Coaching can, if instructed to do so, draw up advice, an action plan, design, report, planning and/or reporting for the benefit of the service. The content thereof is not binding and only advisory in nature, but Saskia de Badts Health Coaching will observe its duties of care. The participant decides for himself and on his own responsibility whether to follow the advice.
2. The advice provided by Saskia de Badts Health Coaching, in whatever form, can never be regarded as medical or dietary advice.
3. At Saskia de Badts Health Coaching's first request, the participant is obliged to assess proposals submitted by her. If Saskia de Badts Health Coaching is delayed in her work because the Participant does not or does not timely provide an assessment of a proposal made by Saskia de Badts Health Coaching, the Participant is at all times responsible for the resulting consequences, such as delay.
4. The nature of the service means that the result always depends on external factors that can influence the reports and advice of Saskia de Badts Health Coaching, such as the quality, correctness and timely delivery of required information and data from the Participant and service employees. The participant guarantees the quality and the timely and correct delivery of the required data and information.
5. Prior to the start of the work, the Participant will inform Saskia de Badts Health Coaching in writing of all circumstances that are or may be important, including any points and priorities for which the Participant wishes attention.

Article 10 – Coaching

1. If instructed to do so, Saskia can provide the Badts Health Coaching coaching for the Participant.
2. The coaching session takes place at the location of Saskia de Badts Health Coaching or at a location of Saskia de Badts Health Coaching to be determined. If the coaching session takes place at the location of the Participant, the Participant is obliged to make the facilities required in the context of the coaching available in good time. If a coaching session cannot take place or is delayed because the Participant has not fulfilled the aforementioned obligation, all consequences of this will be at the expense and risk of the Participant. Saskia de Badts Health Coaching is also entitled to give instructions regarding the suitability of the location and facilities available there before the start of the coaching session.
3. The coaching session can also take place online via Zoom or other platforms chosen by Saskia de Badts Health Coaching.
4. The participant is obliged to be present at least 5 minutes before the start of the coaching session at the indicated location or in the online waiting area.
5. If the Participant is not present in time for the coaching session, Saskia de Badts Health Coaching has the right to refuse the relevant Participant for the coaching session. The participant is not entitled to a refund of monies already paid.
6. If the Participant does not show up for the coaching session, Saskia de Badts Health Coaching is entitled to charge for the reserved time. The participant is not entitled to a refund of monies already paid.
7. The content of the coaching session offered by Saskia de Badts Health Coaching and the advice provided during the coaching session are not binding and only advisory in nature, but Saskia de Badts Health Coaching will observe its duties of care. The coaching session will be tailored as far as possible to the wishes of the Participant as well as the needs of the relevant Participant(s).
8. Prior to the start of the coaching session, the Participant will inform Saskia de Badts Health Coaching in writing of all circumstances that are or may be important, including any points and priorities for which the Participant wishes attention.

Article 11 – Workshops

1. Saskia de Badts Health Coaching can provide a workshop for Participants. Saskia de Badts Health Coaching is entitled to maximize the number of Participants.
2. The Workshop takes place at the Participant's location. The Participant is obliged to be present at the relevant location at least 10 minutes before the start of the Workshop.
3. If the Participant is not present for the Saskia de Badts Health Coaching in time, Saskia de Badts Health Coaching has the right to refuse the relevant Participant for the workshop. Unless expressly agreed otherwise, the Participant is not entitled to a refund of monies already paid.
4. The Workshop will be tailored as far as possible to the wishes and needs of the relevant Participant(s).
5. Prior to the start of the workshop, the Participant will inform Saskia de Badts Health Coaching in writing of all circumstances that are or may be important, including any points and priorities for which the Participant wishes attention. This also includes any medical complaints and/or injuries that may (possibly) limit or hinder participation that is customary for the Participant.
6. Saskia de Badts Health Coaching is entitled to cancel the workshop or move it to another date if there are not enough registrations. It is at the sole discretion of Saskia de Badts Health Coaching to move the workshop. The participant will be informed of this as soon as possible. If there are too many registrations, Saskia de Badts Health Coaching is entitled to refuse the Participants who registered last for the Workshop.

Article 12 – Additional work and changes

1. If during the execution of the Agreement it appears that the Agreement needs to be adjusted, or if further work is required at the request of the Participant to achieve the desired result of the Participant, the Participant is obliged to reimburse this additional work in accordance with the agreed rate. Saskia de Badts Health Coaching is not obliged to comply with this request, and may require the Participant to conclude a separate Agreement and/or refer it to an authorized third party.
2. If the additional work is the result of negligence on the part of Saskia de Badts Health Coaching, Saskia de Badts Health Coaching has made an incorrect assessment or could reasonably have foreseen the relevant work, these costs will not be passed on to the Participant.

Article 13 – Prices and payment

1. In principle, all prices are exclusive of turnover tax (VAT), unless agreed otherwise.
2. Saskia de Badts Health Coaching performs its services in accordance with the agreed rate. Payment in the case of Services is made in advance via payment provider Mollie or a payment provider indicated by Saskia de Badts Health Coaching. Payments for workshops take place after the end of the Service by means of payment of an invoice. For both, full payment must be made in one go.
3. Travel time for the benefit of the Participant and travel-related costs will be charged to the Participant.
4. The Participant is obliged to fully reimburse the costs of third parties, which are used by Saskia de Badts Health Coaching after the Participant's approval, unless expressly agreed otherwise.
5. The parties may agree that the Participant must pay an advance. If an advance has been agreed, the Participant must pay the advance before commencing the performance of the services.
6. The participant cannot derive any rights or expectations from a budget issued in advance, unless the parties have expressly agreed otherwise.
7. Saskia de Badts Health Coaching is entitled to annually increase the applicable prices and rates in accordance with the applicable inflation rates. Other price changes during the Agreement are only possible if and insofar as these have been expressly laid down in the Agreement.
8. In the event of liquidation, insolvency, bankruptcy, involuntary liquidation or request for payment against the Participant, the payment and all other obligations of the Participant under the Agreement become immediately due and payable.

Article 14 – Collection policy

1. If the Participant does not meet its payment obligation, and has not fulfilled its obligation within the set payment term, the Participant, being a Company, is in default by operation of law. The participant being a Consumer will first receive a written reminder with a term of 14 days after the date of the reminder to still meet the payment obligation, including a statement of the extrajudicial costs if the Consumer does not fulfill its obligations within that period, before it falls into default.
2. From the date that the Participant is in default, Saskia de Badts Health Coaching will be entitled, without further notice of default, to the statutory commercial interest from the first day of default until full payment, and compensation of the extrajudicial costs to be calculated in accordance with Article 6:96 of the Dutch Civil Code according to the graduated scale from the Decree on compensation for extrajudicial collection costs of 1 July 2012.
3. If Saskia de Badts Health Coaching has incurred more or higher costs that are reasonably necessary, these costs are eligible for reimbursement. The full judicial and execution costs incurred are also for the account of the Participant.

Article 15 – Privacy, data processing and security

1. Saskia de Badts Health Coaching handles the (personal) data of the Participant and/or visitors to the website with care and will only use this in accordance with the applicable standards. If requested, Saskia de Badts Health Coaching will inform the person concerned about this.
2. The participant is responsible for the processing of data that is processed using a Service of Saskia de Badts Health Coaching. The participant also guarantees that the content of the data is not unlawful and does not infringe any rights of third parties. In this context, the Participant indemnifies Saskia de Badts Health Coaching against any (legal) claim related to this data or the implementation of the Agreement.
3. If Saskia de Badts Health Coaching is required to provide information security under the Agreement, this security will meet the agreed specifications and a security level that, given the state of the art, the sensitivity of the data and the associated cost is not unreasonable.

 

Article 16 – Suspension and dissolution

1. Saskia de Badts Health Coaching has the right to retain the data, data files and more that it has received or realized if the Participant has not yet (fully) fulfilled its payment obligations. This right remains in full force if a valid reason arises for Saskia de Badts Health Coaching which justifies suspension in that case.
2. Saskia de Badts Health Coaching is authorized to suspend the fulfillment of its obligations as soon as the Participant is in default with the fulfillment of any obligation arising from the Agreement, including late payment of its invoices. The suspension will be immediately confirmed to the Participant in writing.
3. In that case, Saskia de Badts Health Coaching is not liable for damage, for whatever reason, as a result of the suspension of its activities.
4. The suspension (and/or dissolution) does not affect the Participant's payment obligations for work already performed. In addition, the Participant is obliged to compensate Saskia de Badts Health Coaching for any financial loss suffered by Saskia de Badts Health Coaching as a result of the Participant's default.

 

Article 17 – Force majeure

1. Saskia de Badts Health Coaching is not liable if it is unable to fulfill its obligations under the Agreement as a result of a force majeure situation.
2. Force majeure on the part of Saskia de Badts Health Coaching is in any case understood, but is not limited to: (i) force majeure of suppliers of Saskia de Badts Health Coaching, (ii) failure to properly comply with obligations of suppliers that are Participant or its third parties are prescribed or recommended to Saskia de Badts Health Coaching, (iii) defects in software or any third parties involved in the implementation of the Service, (iv) government measures, (v) malfunction of electricity, internet, data network and/or or telecommunication facilities, (vi) illness of employees of Saskia de Badts Health Coaching or advisers engaged by it and (vii) other situations that, in the opinion of Saskia de Badts Health Coaching, fall outside its sphere of influence that temporarily or permanently prevent the fulfillment of its obligations .
3. In the event of force majeure, both Parties have the right to dissolve the Agreement in whole or in part. All costs incurred before the dissolution of the Agreement will in that case be paid by the Participant. Saskia de Badts Health Coaching is not obliged to compensate the Participant for any losses caused by such withdrawal.

 

Article 18 – Limitation of Liability for Services

1. If any result laid down in the Agreement is not achieved, a shortcoming of Saskia de Badts Health Coaching will only be deemed to exist if Saskia de Badts Health Coaching has expressly promised this result when accepting the Agreement.
2. In the event of an attributable shortcoming on the part of Saskia de Badts Health Coaching, Saskia de Badts Health Coaching is only obliged to pay any compensation if the Participant has given Saskia de Badts Health Coaching notice of default within 14 days after discovery of the shortcoming and Saskia de Badts Health Coaching has subsequently failed to rectify this shortcoming within a reasonable period of time. The notice of default must be submitted in writing and contains such an accurate description/substantiation of the shortcoming, so that Saskia de Badts Health Coaching is able to respond adequately.
3. If the execution of the Agreement by Saskia de Badts Health Coaching leads to liability on the part of Saskia de Badts Health Coaching, that liability is limited to the total amount invoiced under the Agreement, but only with regard to the direct costs suffered by the Participant. damage unless the damage is the result of intent or recklessness bordering on intent on the part of Saskia de Badts Health Coaching. Direct damage is understood to mean: reasonable costs incurred to limit or prevent direct damage, to determine the cause of damage, the direct damage, the liability and the method of recovery.
4. Saskia de Badts Health Coaching expressly excludes all liability for consequential damage. Saskia de Badts Health Coaching is not liable for indirect damage, trading loss, loss of profit and/or loss suffered, missed savings, damage due to business interruption, loss of capital, damage due to delay, interest damage and immaterial damage.
5. The Participant indemnifies Saskia de Badts Health Coaching against all claims from third parties as a result of a defect as a result of a Service provided by the Participant to a third party and which also consisted of Services provided by Saskia de Badts Health Coaching, unless the Participant can demonstrate that the damage was exclusively caused by the Service of Saskia de Badts Health Coaching.
6. Any advice provided by Saskia de Badts Health Coaching, based on incomplete and/or incorrect information provided by the Participant, is never grounds for liability on the part of Saskia de Badts Health Coaching.
7. The content of the advice provided by Saskia de Badts Health Coaching is not binding and only advisory in nature. The participant decides for himself and on his own responsibility whether to follow the proposals and nutritional advice of Saskia de Badts Health Coaching mentioned herein. All consequences arising from following the advice are for the account and risk of the Participant. The participant is at all times free to make her own choices that deviate from the advice provided by Saskia de Badts Health Coaching. Saskia de Badts Health Coaching is not obliged to any form of refund if this is the case.
8. If a third party is engaged by or on behalf of the Participant, Saskia de Badts Health Coaching is never liable for the actions and advice of the third party engaged by the Participant, as well as the processing of results (of advice drawn up) of the third party engaged by the Participant in Saskia de Badts Health Coaching her own advice.
9. Saskia de Badts Health Coaching does not guarantee a correct and complete transmission of the content of and e-mail sent by/on behalf of Saskia de Badts Health Coaching, nor for the timely receipt thereof.
10. The Participant indemnifies Saskia de Badts Health Coaching against all claims arising from the unsuccessful completion of training courses under the Agreement by a Participant.
11. All claims of the Participant due to shortcomings on the part of Saskia de Badts Health Coaching lapse if they have not been reported in writing and with reasons to Saskia de Badts Health Coaching within one year after the Participant was aware or could reasonably have been aware of the facts on which she bases her claims . Saskia de Badts Health Coaching's liability lapses one year after termination of the Agreement between the parties.
12. Saskia de Badts Health Coaching is not liable for physical injury caused by injuries, participation in the Services and/or accidents. Each participation of the Client or Participant takes place at the own risk and responsibility of the participating person.

 

 

 

Article 19 – Confidentiality

1. Saskia de Badts Health Coaching and the Participant undertake to maintain the confidentiality of all confidential information obtained in the context of an assignment. Confidentiality arises from the assignment and must also be assumed if it can reasonably be expected that it concerns confidential information. The confidentiality does not apply if the information in question is already public/generally known, the information is not confidential and/or the information has not been made known to Saskia de Badts Health Coaching by the Participant during the Agreement and/or by Saskia in any other way. the Badts Health Coaching has been obtained.
2. In particular, the confidentiality applies to advice, reports, designs, working methods and/or reports drawn up by Saskia de Badts Health Coaching regarding the Participant's assignment. The Participant is expressly prohibited from sharing the contents thereof with employees who are not authorized to take cognizance thereof and with (unauthorised) third parties. Furthermore, Saskia de Badts Health Coaching always exercises the required care in handling all company-sensitive information provided by the Participant.
3. If Saskia de Badts Health Coaching is obliged by virtue of a statutory provision or a court decision to (also) provide the confidential information to a third party designated by law or competent court or third party and Saskia de Badts Health Coaching cannot invoke a right of non-disclosure, Saskia de Badts Health Coaching is not obliged to pay any compensation and does not give the Participant any grounds for dissolution of the Agreement.
4. For the transfer or dissemination of information to third parties and/or publication of statements, advice or productions provided by Saskia de Badts Health Coaching to third parties, the written permission of Saskia de Badts Health Coaching is required, unless such permission has been expressly agreed in advance. agreed. The participant will indemnify Saskia de Badts Health Coaching against all claims from such third parties as a result of reliance on such information that has been distributed without the written permission of Saskia de Badts Health Coaching.
5. Saskia de Badts Health Coaching and the Participant also impose the confidentiality obligation on the third parties they engage.

 

Article 20 – Intellectual Property Rights

1. All IP rights and copyrights of Saskia de Badts Health Coaching, including but not limited to all designs, teaching materials, models, reports and advice, are vested exclusively in Saskia de Badts Health Coaching and are not transferred to the Participant unless expressly agreed otherwise. .
2. If it has been agreed that one or more of the aforementioned items or works of Saskia de Badts Health Coaching will be transferred to the Participant, Saskia de Badts Health Coaching is entitled to conclude a separate Agreement for this and to demand appropriate monetary compensation from the Participant. Such compensation must be paid by the Participant before it acquires the relevant goods or works with the applicable IP rights.
3. The Participant is prohibited from disclosing and/or multiplying, changing or making available to third parties (including use for commercial purposes) all documents and software on which the IP rights and copyrights of Saskia de Badts Health Coaching rest, without explicit prior notice. written permission from Saskia de Badts Health Coaching. If the Participant wishes to make changes to items delivered by Saskia de Badts Health Coaching, Saskia de Badts Health Coaching must explicitly agree to the proposed changes.
4. The Participant is prohibited from using the goods and documents on which the intellectual property rights of Saskia de Badts Health Coaching rest other than as agreed in the Agreement.
5. The parties will inform each other and take joint measures if an infringement of the IP rights occurs.

 

Article 21 – Disclaimer and Accuracy of Information

1. The participant is responsible for the correctness, reliability and completeness of all data, information, documents and/or records, in whatever form, that they provide to Saskia de Badts Health Coaching in the context of an Agreement, as well as for the data they obtained from third parties and which have been provided to Saskia de Badts Health Coaching for the purpose of performing the Service.
2. The participant indemnifies Saskia de Badts Health Coaching against any liability resulting from non-compliance or late compliance with the obligations with regard to the timely provision of all correct, reliable and complete data, information, documents and/or records.
3. The participant indemnifies Saskia de Badts Health Coaching against all claims from the participant and third parties engaged by him or working under him, as well as from customers of the participant, based on the failure to obtain (in time) any subsidies and/or permissions required in the context of the implementation of the Agreement.
4. The participant indemnifies Saskia de Badts Health Coaching against all claims from third parties arising from the work performed for the benefit of the participant, including but not limited to intellectual property rights to the data and information provided by the participant that can be used in the performance of the agreement and/or the actions or omissions of the Participant towards third(ies).
5. If the Participant provides electronic files, software or information carriers to Saskia de Badts Health Coaching, the Participant guarantees that these are free of viruses and defects.

 

Article 22 – Complaints

1. If the Participant is not satisfied with the service of Saskia de Badts Health Coaching or otherwise has complaints about the performance of his assignment, the Participant is obliged to report these complaints as soon as possible, but no later than 14 calendar days after the relevant reason that led to the complaint. to report. Complaints can be reported orally or in writing via info@saskiadebadtshealthcoaching.com with the subject “Complaint”.
2. The complaint must be sufficiently substantiated and/or explained by the Participant in order for Saskia de Badts Health Coaching to be able to handle the complaint.
3. Saskia de Badts Health Coaching will respond substantively to the complaint as soon as possible, but no later than 14 calendar days after receipt of the complaint.
4. The parties will try to reach a solution together.

 

Article 23 – Applicable law

1. Dutch law applies to the legal relationship between Saskia de Badts Health Coaching and the Participant.
2. Saskia de Badts Health Coaching has the right to change these general terms and conditions and will inform the Participant thereof.
3. In case of translations of these general terms and conditions, the Dutch version is leading.
4. All disputes arising from or as a result of the Agreement between Saskia de Badts Health Coaching and the Participant will be settled by the competent court of the Amsterdam District Court, location Amsterdam, unless provisions of mandatory law designate another competent court.

 

Amsterdam, February 24, 2023

 

These general terms and conditions have been filed with the Chamber of Commerce in Amsterdam