Article 1 Terms
The organization: PT020. Agreement: The agreement is based on these general terms and conditions of PT020 in which the customer enters into a written agreement for the training courses at Ginger Guttmann & Noemia Grot.
Article 2 Applicability
These terms and conditions apply if the customer has registered with PT020 to participate in Personal Training, Kickboxing, medical fitness & physiotherapy. These conditions apply to every activity. Any use of the services of PT020 is at your own risk. Before using any facility whatsoever, each participant must ascertain whether the use or participation is medically responsible for the person in question before participating in any activity. In addition, each participant must be insured against accidents. If PT020 has advised you to get a referral letter from your GP before starting training. Must the customer do this.
Article 3 Intake procedure
In order to guarantee responsible sports, you must have had an intake interview before participating in one of the activities. The anamnesis form must be completed in full via the website www.pt-020.nl. The training sessions will only start after receipt of the relevant form. Changes concerning your personal data must be communicated to Personal PT020 immediately.
Article 4 Time and place
Upon confirmation of the registration, PT020 will indicate when and where the participant is expected. This is of course discussed in advance with the customer. If, due to any circumstances, a time cannot take place, PT020 is authorized to schedule another time in consultation with the customer. This must be announced 24 hours before the training starts, this applies to both PT020 and the customer.
Article 5 Performance of the assignment
PT020 has the obligation, in view of the purpose and activity, to guide the participant as well as possible during the activity. The content and number of participants are determined by Ginger Guttmann & Noemia Grot. PT020 carries out the work in the context of the assignment to the best of its knowledge, expertise and ability. However, this is a best efforts obligation: PT020 does not guarantee the success and success of that service, nor the extent to which this service contributes to the goal set by the participant.
Article 6 Liability
Every assignment accepted by PT020 is subject to a best efforts obligation. PT020 can never be held liable for results not achieved. PT020 is only liable for shortcomings in the performance of the assignment that are the result of carelessness and incompetence in issuing advice and carrying out the assignments. PT020 is not liable if items belonging to the participant and/or third parties are lost in any way at PT020, for whatever reason. PT020 is not liable if the participant suffers damage in any other way and this damage is due to non-compliance with oral or written instructions given by the Personal Trainer, or to the physical or mental condition of the participant. The participant hereby declares that he or she will receive the present sports instruction exclusively and solely at his own risk. The costs of any accident or injury will be borne entirely by him or her. The participant hereby declares to waive all rights to recover from a damage action against PT020 for compensation of costs, damages and interest as a result of any accident or injury as a result of the performance of services that PT020 offers. PT020 is liable if PT020 suffers damage in any way and this is due to the customer not following verbal or written instructions given by the Personal Trainer. The customer must indemnify PT020 against damage he or she causes to other participants.
Article 7 Dissolution
PT020 is entitled to dissolve the agreement in whole or in part immediately without any obligation to pay compensation if the customer does not, or only partially, fulfill its obligations under the agreement. An early termination of the agreement by the customer is only possible on medical grounds with proof of a medical statement from a recognized doctor or in case of a move outside a radius of 15 kilometers from Amsterdam. A copy of registration in the new municipality must be submitted to Ginger Guttmann & Noemia Grot.
Article 8 Terms of Payment
In the agreement of the customer and PT020, PT020 will indicate when and how the amount must be paid. If the participant does not pay on time, PT020 is entitled to refuse the participant access to the activity until payment has been received. In addition, all payments due for the remaining term of the agreement become due and payable and you must pay them to PT020 within 14 days after they become due and payable. If PT020 has to proceed to collect its claim against you, you will also owe all extrajudicial collection costs and the statutory interest. When a direct debit is reversed, PT020 may charge an amount of € 4 in administration costs to still pay the direct debit amount. The 6% VAT rate applies to the services of PT020. The prices quoted include VAT. If the costs increase due to unexpected circumstances, PT020 is entitled to increase the prices. In that case, the customer has the right to dissolve the agreement. Unused but already paid sessions will of course continue.
Article 9 Reporting sick
If the customer cannot participate in an activity due to illness, it is expected that the customer will inform PT020 of this as soon as possible. All appointments must be canceled 24 hours in advance, otherwise the costs of the services will be charged.
Article 10 Force majeure, holidays and generally recognized public holidays
Force majeure with regard to the agreement is understood to mean everything that is understood in this regard by law and jurisprudence. PT020 is not bound by its obligations under the agreement if fulfillment has become impossible due to force majeure. The agreement will then be dissolved. In the event of illness of the Personal Trainer, an alternative will be offered to the participant. Vacations of the personal trainer are announced well in advance. The agreement is then extended by the number of weeks that the personal trainer is on vacation. The activities do not take place on public holidays. If the participant would have had an appointment on this day, an alternative time will be offered or it will be moved forward a day or a week.
Article 11 Health
The participant declares that he/she is healthy to the best of his wishes and physically able to follow the instructions of the personal trainer without harm to his health. In case of doubt, the customer undertakes to consult his doctor before entering into the agreement with PT020. During the term of the agreement, the customer is also obliged to report pain(s), discomfort, abnormal fatigue and/or changes in physical condition before, during and after the training to PT020.
Article 12 Confidentiality
PT020 is obliged to observe strict confidentiality with regard to information received from and about the customer. The customer’s personal data is strictly confidential and is used solely for administrative purposes of PT020. Relevant data will never be made available to third parties for commercial purposes.
Article 13 Intellectual Property
Without prejudice to the other provisions of these General Terms and Conditions, the participant reserves the rights and powers that accrue to the customer under the Copyright Act. Models, Methods and instruments developed and/or applied by PT020 for the execution of the assignment are and remain the property of PT020. Publication or other forms of disclosure thereof is only possible after obtaining written permission from PT020. All documents provided by the client, such as reports, advice, training and nutrition schedules, assignments, designs, sketches, drawings, software, etc., for the benefit of PT020 can only be multiplied by PT020 for its own use in its own organization. All documents provided by the customer may not be made public by PT020 without the customer’s prior consent, or brought to the knowledge of third parties under penalty of misuse of the customer’s intellectual property.
Article 14 Disputes
The customer can turn to PT020 with any complaints. All disputes regarding the formation, interpretation or performance of the agreement or the agreements arising from it can be submitted to the competent court of the district where PT020 is located. In all cases, Dutch law applies.