The agreement is based on these General Terms and Conditions of Eva Konings in which the customer signs a written agreement for training and coaching.
These conditions apply if the customer has registered with Eva Konings for participation in personal training and online coaching. Any use of the Eva Konings services is at the customer's own risk. Each participant must, before using any facility, or participating in any activity, be certain whether use or participation for that person is medically justified. In addition, every participant must be insured against accidents. If Eva Konings has advised the customer to get a referral letter from the doctor before starting the training, the customer is required to do so.
To ensure responsible training, the customer is required to have an intake interview before taking part in one of the activities. The anamnesis form must be completed, signed, and submitted to Eva Konings. The training program will only be started after receiving the relevant form. The customer is required to inform Eva Konings of changes in personal data. Eva Konings will assign a personal trainer to each client. In addition, Eva Konings will, if necessary, have all the power to make decisions about changing the assigned trainer.
Upon confirmation of registration, Eva Konings will indicate when and where the customer is expected. This is discussed with the customer in advance. If an appointment is canceled due to circumstances, Eva Konings is authorized to reschedule in consultation with the customer. Cancellation must be announced 24 hours before the start of the training. This applies to both Eva Konings and the client. A training session with one of our personal trainers takes place at least once a week. If you are unable to attend for a week, the relevant training session will continue next week. Please note that the duration of the contract can be extended because of missed training sessions.
Eva Konings is obligated to, in view of the goals and activity, to supervise the customer to the best of their abilities during activities. Eva Konings performs the training to the best of its knowledge, expertise, and ability. However, this is a best-efforts obligation: Eva Konings does not guarantee the success of the training, nor the extent to which this training contributes to the goal set by the participant.
Every assignment accepted by Eva Konings is a best-effort obligation. Eva Konings is never liable for goals that have not been achieved. Eva Konings is only liable for shortcomings in the execution of the assignment that are the result of carelessness and incompetence when issuing advice and executing the assignments. Eva Konings is not liable if, for any reason whatsoever, items belonging to the participant and/or third parties are lost at the facilities of Eva Konings. Eva Konings is not liable for any damage suffered by the participant in any other way and this damage is due to non-compliance with instructions given orally or in writing by the Personal Trainer, or to the physical or mental condition of the participant. The customer hereby declares that he or she will receive the instruction solely at his own risk. The costs of any accident or injury will be borne entirely by the customer. The customer hereby declares to waive all rights to repair a damage action against Eva Konings for reimbursement of costs, damage and interest as a result of any accident or injury during the performance of services that include Eva Konings. Eva Konings is liable if Eva Konings suffers damage in any way and this is due to non-compliance with oral or written instructions given by the Personal Trainer by the customer. The customer is required to indemnify Eva Konings against damage he or she causes to other participants.
Eva Konings is entitled to terminate the agreement immediately in whole or in part without the obligation to pay compensation, if the customer does not, or only partially, fulfill his obligations under the agreement. Interim termination of the agreement by the customer is only possible on medical grounds with proof of a medical statement by an accredited doctor, or when moving outside a radius of 15 kilometers from Amsterdam.
At the start of the agreement between the customer and Eva Konings, Eva Konings will indicate when and how payments must be done. If the participant does not pay in time, Eva Konings is entitled to refuse the participant access to the activity until payment has been done. In addition, all payments for the remaining duration of the agreement become claimable and the customer is obliged to pay Eva Konings within 14 days of being claimable. If Eva Konings has to proceed with the collection of its claim against the customer, he or she also owes all extrajudicial collection costs and statutory interests. If a direct debit is reversed, Eva Konings may charge an amount of € 4,- in administration costs to pay for collection. To the services of Eva Konings the VAT rate of 21% applies. All mentioned rates include VAT. If the costs rise due to unexpected circumstances, Eva Konings is entitled to raise the rates. In that case, the customer has the right to terminate the agreement. Unused, but already paid sessions will of course continue.
If the customer cannot participate in an activity due to illness, the client is obliged to inform Eva Konings as soon as possible. All costs of the services will be charged, if an appointment is not canceled 24 hours in advance. When interrupting the agreement due to illness, a deductible of two weeks applies. The agreement can then be suspended for a maximum of 3 months only on the proof of a medical statement issued by a recognized doctor.
In the agreement, force majeure includes all that is defined by law and case law. Eva Konings is not not obliged to fulfill its obligations as stated in the agreement, if due to force majeure carrying out has become impossible . The agreement will then be terminated. In the event of illness of the Personal Trainer, the customer wil be offered an alternative or the agreement is extended by the number of weeks the trainer is ill. Holidays of the personal trainer will be announced well in advance. The agreement is will then be extended by the number of weeks the personal trainer is on holiday. Activities do not take place on generally recognized public holidays. If the participant should have had an appointment on a holiday, an alternative time is offered or the appointment will be pushed forward a day or a week.
The customer declares that he / she is healthy and physically able to follow the personal trainers instructions without damaging his health. In case of doubt, the customer is obliged to consult his or her doctor prior to the agreement with Eva Konings. throughout the duration of the agreement, the customer is also obliged to report Eva Konings any pain, discomfort, abnormal fatigue and / or changes in physical condition, before and during the training.
Eva Konings is subject to an obligation of strict confidentiality confidentiality regarding data received from and about the customer. Personal data of the customer is strictly confidential and is used solely and exclusively for administrative purposes. Personal data will never be used for publicity purposes, nor be passed on to third parties who would use these details for similar purposes.
Without prejudice to the provisions in these General Terms and Conditions, the customer reserves the rights that the customer is entitled under the Copyright Act. Models, Methodologies and instruments that are developed and / or applied by Eva Konings for the execution of assignments are and remain the property of Eva Konings. Publication or other forms of disclosure thereof is only possible after obtaining written permission from Eva Konings. All documents provided by the client, such as reports, advice, training and feeding schedules, assignments, designs, sketches, drawings, software etc, for the benefit of Eva Konings can only be multiplied by Eva Konings for their own use in their own organization. All documents provided by the customer may not be made public by Eva Konings without prior permission from the customer, or brought to the knowledge of third parties on the penalty of misuse of the customers intellectual property.
The customer can turn to Eva Konings with any complaints. All disputes concerning the formation, the interpretation or the execution of the agreement or the resulting agreements can be submitted to the competent court of the district where Eva Konings is located. In all cases Dutch law applies.