Algemene voorwaarden

Article 1. You, as the customer/membership party

In these general terms and conditions, Sportcoach Remco refers to the individual entrepreneur or legal entity affiliated with Sportcoach Remco and responsible for the execution of the agreement. The agreement is concluded with the person whose company name and Chamber of Commerce number are stated on the registration form. “Customer” refers to you, the purchaser of a personal fitness subscription, a consumer, the contracting party.

Article 2. Membership

A membership is established by completing, signing, and submitting the registration form to Sportcoach Remco or any authorized coach or employee. The registration form is available upon request, either electronically or in writing.
A membership is entered into for at least the duration indicated during registration and is automatically renewed after the agreed period for periods of 1 month at a time. The term available for each package is clearly stated.
Every membership is personal; a membership, training and/or coaching session, nutrition plans, and all other products or services provided by Sportcoach Remco are not transferable to another person.
The duo discount is also personal and non-transferable to others/third parties. The discount is granted on the membership price in accordance with the agreed terms.
The location where the training sessions are provided is constant and is discussed with a coach prior to the membership. This will be the location where the training sessions are held throughout the membership. If the client wishes to change the location, he/she may submit a request to the coach. Sportcoach Remco has the authority to reject the request.

Article 3. Training and options.

Sportcoach Remco offers personalized training programs tailored to your individual needs. Our programs Start, Basis, and Gold are the different options available.
Clients can opt for duo training, where a second person can participate for free. The duo partner cannot be swapped. If one partner is unable to attend, the training will continue with the other partner.

Article 4: Execution of the agreement and obligations of the parties

Sportcoach Remco, an employee, or an authorized third party will provide the agreed personal training to the client. The client will actively participate in the training sessions and follow the instructions of the Trainer.
Clients must behave during training sessions in accordance with the coach's instructions and applicable safety regulations. In the event of a violation, the Trainer is entitled to terminate the agreement with immediate effect without the client having any right to a refund.
The client is required to wear clean sportswear and suitable footwear and to use a towel.
Training sessions will take place at the agreed times. If a client is more than 15 minutes late, the relevant training session will be cancelled without any right to a refund. The client must inform the trainer in a timely manner of any unexpected obstacles.
The trainer may prescribe additional exercises. Failure to perform these may negatively affect the progress of the training.
The use of mobile phones during training is permitted only in emergency situations or with the explicit permission of the coach.
The standard duration of a training session is [45-60] minutes. Exceeding this time by the client may result in additional costs.
In the event of illness or inability of the client to attend, the execution of a training session may be suspended at least 24 hours in advance based on a written request from the client.
If you cancel within 24 hours prior to the appointment, this will be considered a completed training session that cannot be made up
In the event of severe injuries or a serious illness, you must contact Sportcoach Remco, including before registration or the start of the program. Upon submission of a doctor's certificate, a suitable solution for the training sessions will be sought in consultation, or the membership will be suspended for the duration of the injury or illness.

Article 5. Financial conditions

Sportcoach Remco establishes a price list annually, which is made public via its own website. This price list is binding for all agreements entered into during the relevant year. Temporary price reductions or other promotional offers are only valid during the period specified in the relevant communication.
Separate rates apply for additional services, such as but not limited to dietary advice, massage therapy, and extra training sessions. Sportcoach Remco is obliged to inform the client in writing of the associated costs prior to the provision of these additional services.
In the event of late payment of the payment obligation by the customer, the customer owes the service provider a contractual penalty of €5 per payment reminder. If the customer remains in default after the expiration of a period of 30 days following the invoice due date, the service provider is entitled to take collection measures against the customer, with all costs of this collection procedure being borne by the customer.
In the event of full prepayment of all installments due within eight (8) calendar days after receipt of the registration form by Sportcoach Remco, the customer is entitled to a discount of five (5%) percent on the total invoice amount. If the payment is not credited to the bank account or confirmed via direct debit within the specified period, the right to this discount lapses. Prepaid amounts will under no circumstances be refunded.
In the event of late payment by the consumer of an overdue installment, regardless of the cause (such as insufficient funds or a chargeback), the service provider will make a repeated collection attempt, for which administrative costs of €2.50 will be charged. If the consumer remains in default of payment, even after a written reminder within fifteen days after the due date, the consumer is in default. In that case, in addition to the outstanding principal amount, the consumer is also obliged to reimburse the extrajudicial collection costs, which amount to at least €40.
If you are in default due to payment arrears, Sportcoach Remco may terminate the membership with a notice period of two calendar months. A recalculation of the weekly rate due will then take place based on the actual number of weeks the membership has existed (including the notice period), at the then-current weekly rate of the shortest membership. This constitutes a retroactive charge.

Article 6. Termination and renewal of the agreement

If the consumer has not made use of the agreed services (training and/or nutritional advice, coaching sessions or other services provided by Sportcoach Remco) within a cooling-off period of fourteen days after the conclusion of the agreement, the consumer has the right to unilaterally terminate the agreement. The termination must be effected in writing by means of a registered letter addressed to the Sportcoach Remco branch where the agreement was concluded. In the event of termination within the cooling-off period, the consumer is obliged to reimburse the costs already incurred by the service provider, namely € 249, consisting of costs for intake, administration, drawing up a training plan, and preparation of a nutrition program.
The possibility of early termination of the agreement is contractually excluded, unless there is a compelling reason to be assessed exclusively by Sportcoach Remco. In the event of early dissolution tolerated by Sportcoach Remco, the client is obliged to pay a pro rata compensation, calculated over a period of two months following the date of dissolution, in accordance with the rates applicable at that time for the shortest term membership.
The client may terminate the agreement early if he or she permanently moves to a location outside a radius of 50 kilometers from the initially agreed training location. The notice period for termination in this manner is two months.
If the agreement is not terminated in writing no later than 14 days before the end of the agreed period, it will be tacitly extended for an indefinite period unless the parties agree otherwise. Termination must be in writing or by telephone and addressed to Sportcoach Remco. The monthly subscription fees will be indexed annually based on the statutory maximum after the expiration of the initial contract term. The client is entitled to terminate the agreement at any time during the tacit renewal period, subject to a notice period of one month, commencing on the first day of the month following receipt of the termination by Sportcoach Remco.

Article 7. Force Majeure.

In these terms and conditions, force majeure is understood to mean any event, circumstance, or cause beyond the reasonable control of the entrepreneur that temporarily or permanently prevents the fulfillment of its obligations, including but not limited to: Natural disasters, such as floods, earthquakes, forest fires, epidemics, and pandemics; Acts of war, terrorism, insurrection, riots, and strikes; Government measures, such as entry bans, quarantine, states of emergency, and license revocations; Disruptions in the energy supply, infrastructure, or transport networks; Illness or incapacity for work of the coach, provided that this was not foreseeable at the time the agreement was entered into; Bankruptcy or suspension of payments of third parties engaged by the entrepreneur; Other unforeseen circumstances that reasonably render the fulfillment of the agreement impossible.
In the event of force majeure, the entrepreneur is entitled to suspend the performance of the agreement for the duration of the force majeure situation, without being liable for any compensation to the consumer.
If the force majeure situation lasts longer than 4 weeks, both parties have the right to terminate the agreement in writing, without the consumer being entitled to any compensation, unless the consumer has demonstrably suffered damage as a result of the force majeure situation.
d. If the force majeure situation occurs during an ongoing training or coaching session, the entrepreneur will make reasonable efforts to offer an alternative arrangement, if possible.
Sportcoach Remco is obliged to notify the consumer in writing as soon as possible of the occurrence and expected duration of the force majeure situation, as well as of any measures the entrepreneur will take.

Article 8. Liability and risks

The consumer acknowledges that the practice of sport, including the training and exercises offered by Sportcoach Remco, inherently entails risks.
Prior to the training and exercises, the coach will discuss the relevant risks and instruct the consumer on correct execution.
Notwithstanding these instructions, participation in the training and exercises remains at all times voluntary and at the consumer's own risk.
Sportcoach Remco accepts no liability whatsoever for any injury, harm, or accident of any nature whatsoever that the consumer may sustain prior to, during, or after a visit to the training location, or as a result of exercises performed at home or the equipment used in connection therewith.
This limitation of liability applies to damage caused directly or indirectly, as well as to any consequential damage.
Sportcoach Remco assumes that the consumer is in sufficient health to participate in the training sessions. The consumer is solely responsible for obtaining any necessary medical clearance for participation in the training sessions, both inside and outside the training location.
Sportcoach Remco does not conduct medical checks and reserves the right to interrupt the training if the coach has valid reasons to doubt the consumer's health.
Sportcoach Remco accepts no liability whatsoever for damage, loss, or theft of personal belongings brought by the consumer to the training location. The consumer is solely responsible for the safekeeping and supervision of his/her belongings.

Article 9. Result Guarantee

Sportcoach Remco endeavors to guide the client in achieving their objectives. However, the client remains personally responsible for achieving these objectives at all times. Sportcoach Remco accepts no liability for the failure to achieve the results intended by the consumer.
Sportcoach Remco offers a 100% results guarantee on the chosen program, meaning that if no measurable results have been achieved after 26 weeks, the fee paid for that period will be fully refunded.
This guarantee applies exclusively if the consumer has demonstrably fulfilled the following obligations: 100% attendance and active participation in all training sessions; 100% attendance at the mental coaching sessions; fully completing, executing, and bringing the assignments in the workbook to training; fully completing and adhering to the Individual Personal Plan; following the home training program; following the provided nutritional advice.
If the consumer fails to meet these obligations, Sportcoach Remco shall not be obliged to refund the fee. The assessment of whether the conditions for reimbursement have been met rests solely with Sportcoach Remco.
This guarantee applies only if no measurable result has been achieved regarding weight loss or gain, strength and/or endurance, and an improved sense of fitness. Whether or not the pre-agreed objectives have been achieved is irrelevant in this regard.
Sportcoach Remco guarantees that the stated, reasonable goals can be achieved if all training sessions are attended and all other instructions from the coach are strictly followed. If the agreed objectives have not been achieved at the end of the program, the program will be extended free of charge. This guarantee applies only if the consumer has demonstrably fulfilled the obligations mentioned in Article 2.2.
If the consumer fails to comply with these obligations, the entrepreneur is not obliged to extend the program free of charge. The assessment of whether the conditions for a free extension have been met rests solely with Sportcoach Remco. Sportcoach Remco is not obliged to inform the consumer of the assessment in the interim. If the consumer disagrees with the entrepreneur's decision, the consumer must personally demonstrate that all requirements have been met.
Free renewal of the chosen program (start, basic, or gold) includes: personal nutritional advice, a home training schedule, and the setting and evaluation of personal goals.
The result guarantee included in this article does not apply to clients with medical, mental, or other physiological limitation(s), unless these have been discussed in advance, included in the program, and stated on the registration form.

Article 10. Privacy Policy and Processing of Personal Data

The privacy policy of Sportcoach Remco, as published on the website https://www.sportcoachremco.nl/privacyverklaring/ , applies in its entirety to this agreement. By entering into this agreement, the consumer acknowledges having read the privacy policy and agreeing thereto.
For the purpose of executing this agreement and the related services, Sportcoach Remco processes personal data of the consumer.
The processing of personal data takes place in accordance with the General Data Protection Regulation (GDPR) and other applicable laws and regulations in the field of personal data protection.
The processed personal data may include, but are not limited to: name, address, place of residence, date of birth, gender, contact details (telephone number, email address), payment details, training data, health data (if relevant and with the express consent of the consumer), and other data necessary for the performance of the agreement.
The personal data are processed for the following purposes: Entering into and performing the agreement; Providing the agreed services; Maintaining contact with the consumer; Improving the service provision; Complying with legal obligations.
The consumer has the right at all times to obtain access to the personal data processed by Sportcoach Remco. The consumer has the right to have incorrect, incomplete, or irrelevant personal data corrected or supplemented. The consumer has the right to restrict the processing of his/her personal data or to have the personal data deleted, insofar as this is permitted by law.
The consumer has the right to object to the processing of his/her personal data for direct marketing purposes.
Sports coach Remco reserves the right to create and process photo, image, and video material for, but not limited to, promotional and marketing purposes, provided that the images have been anonymized in such a way that the person concerned is not or is no longer identifiable.
The consumer has the right to receive the personal data provided by him/her in a structured, commonly used, and machine-readable format and to transfer this to another controller.
Sportcoach Remco reserves the right to amend the privacy policy. The most recent version of the privacy policy can be consulted at any time on the website https://www.sportcoachremco.nl/privacyverklaring/. Changes to the privacy policy will be communicated clearly and in a timely manner on the website.

Article 11. Dispute Resolution and Applicable Law

This agreement is governed exclusively by Dutch law, with the exception of provisions of international private law that result in the applicability of other law.
The parties shall endeavor to resolve any disputes arising from or related to this agreement in good faith.
If mediation does not lead to a solution, the dispute shall be submitted to the competent court in the place of business of Sportcoach Remco, unless the parties agree otherwise in writing.