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TERMS OF SERVICE

Last Update: 8-Sep-2024

Terms of Service

Welcome to our Personal Training website! These Terms of Service ("Terms") govern your use of our website and the Personal Training services we offer, including 1-1 sessions, group training, and nutrition plans both in-person and online, as well as fitness retreats. By accessing or using our website, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use our website or services.

Personal Training Services (including OPTIFITness Retreats)

We offer Personal Training services, including 1-1 sessions, group training, and nutrition plans both in-person and online, as well as fitness retreats. These services are provided by certified Personal Trainers and Nutrition Coaches and are tailored to your individual needs and fitness goals. The specifics of each service may vary depending on the package you purchase, and you will be provided with a detailed description of the services you will receive before you make a purchase.

Cancellation and Consequences

Service Cancellation by Client

If you need to cancel a scheduled session, we kindly request that you provide us with at least 24 hours' notice before the scheduled session time. Cancellations must be made through our designated cancellation process, which may include contacting us directly by phone or email. Failure to provide the required notice may result in the following consequences:

  1. 1-1 Sessions: For 1-1 sessions, if you fail to provide at least 24 hours' notice for cancellation or do not show up for a scheduled session without prior notification, the session will be considered forfeited, and no refund or rescheduling will be offered.
  2. Group Training: For group training sessions, if you cancel without the required notice or do not attend a scheduled session, the session will be considered forfeited, and no refund or makeup session will be provided.
  3. Online Coaching Sessions: For online training sessions, if you cancel without the required notice or do not attend a scheduled session, the session will be considered forfeited, a full session price will be charged and no refund or makeup session will be provided.

Cancellation by Personal Trainer

In an event where a scheduled session needs to be canceled by the Personal Trainer, such as illness, dangerous weather conditions (as indicated by KNMI), or any other situation in which fulfilment has become impossible due to force majeure, we will make reasonable efforts to provide you with advance notice and you will be offered the following options:

  1. Rescheduling: We will work with you to reschedule the session at a mutually convenient time.
  2. Refund: If rescheduling is not feasible, you will be offered a refund for the canceled session.

Please note that session cancellations by the Personal Trainer are rare and typically occur due to unforeseen circumstances or emergencies.

OPTIFITness Retreats Cancellations & Refunds

For OPTIFITness retreat bookings (i.e. 18-23 May 2025 Algarve), only the first 5 days after the full payment has been finalized will be considered as a grace period and a full refund will be considered, except the initial 25% deposit. Any cancellations done after the above mentioned timeframe will not be taken into account. Full payment must be done at the latest 1 month before the start of the retreat.

If you have decided to pay in 3 installments using Klarna payment methods, and have chosen to get a refund, as long as the request is within the grace period, we will refund only the latest installment amount. The 25% initial deposit is non-refundable. For example, the full amount is 980, with 25% deposit = 245 and you have decided to pay in 3 installments (not including deposit), each being 245. If you have decided to cancel after the 2nd payment, you will only receive back 245, as the grace period has passed for the 1st installment. This payment option will be disabled at less than 3 months before start of retreat, 15 February 2025. After this date, only full payment will be accepted.

OPTIFIT Perform reserves the right to cancel a fitness retreat due to insufficient enrollment, extreme weather conditions, or other unforeseen circumstances. In such cases, Clients will be offered a full refund or the option to apply the payment toward a future retreat.

Exceptions to Cancellation Policy

We understand that unexpected circumstances can arise. Please contact us as soon as possible in such cases. Exceptions to the cancellation policy may be made at our sole discretion.

Changes to Cancellation Policy

We reserve the right to modify or update the cancellation policy at any time. Any changes will be effective upon posting the revised Terms of Service on our website. It is your responsibility to review the Terms periodically for any updates or changes to the cancellation policy.

Payment and Refunds

All prices for our Personal Training services are listed on our website, and we reserve the right to modify our prices at any time. Invoices will be issued to you at the end of the calendar month for the total number of sessions held within that calendar month and the invoices must be paid within 14 days from the date of issue. If discounts are provided, the amount (in terms of percentages of the original price per session) will be specified on the invoice. We accept payment by credit card or other payment methods as specified on our website.

Payment for the fitness retreats must be made in full prior to the commencement of the retreat. A 25% deposit is required for fitness retreat bookings. This deposit is non-refundable.

Refunds for training sessions (not including fitness retreats) are provided only in the following circumstances:

  1. If we are unable to provide the services you have paid for, you will receive a full refund.
  2. If you cancel your purchase within 24 hours of making it, you will receive a full refund.

After 24 hours, no refunds will be provided. However, we may offer credit for future services, at our discretion.

Refunds for fitness retreats are provided only in the following circumstances:

  1. A refund of the last paid amount, minus the 25% deposit will be refunded if client requests a refund within 5 days after payment has been finalized, a time frame known as grace period.

Failure to make full payment within the specified period will result in default without further notice. You will be liable for statutory interest plus 1.5% and 15% of the unpaid amount as a reasonable fee for extrajudicial collection costs.

Use of Website

You may use our website only for lawful purposes and in accordance with these Terms. You must not use our website:

  1. In any way that violates any applicable federal, state, local, or international law or regulation.
  2. To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
  3. To impersonate or attempt to impersonate our company or any other person or entity.
  4. To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of our website, or which, as determined by us, may harm us or users of our website or expose them to liability.

Intellectual Property Rights

The content on our website, including text, graphics, images, logos, and software, is the property of our company or its licensors and is protected by copyright, trademark, and other intellectual property laws. You may not use or reproduce any content from our website without our express written permission.

Disclaimer of Warranties

Our Personal Training services (including fitness retreats) are provided on an "as-is" and "as-available" basis. We make no warranties or representations about the accuracy or completeness of the information provided in our Personal Training services, including but not limited to 1-1 sessions, group training, nutrition plans and fitness retreats. We do not guarantee any specific results or outcomes from our Personal Training services.

Limitation of Liability

We are not liable for any damages, including but not limited to direct, indirect, incidental, special, consequential, or punitive damages, arising out of or related to your use of our website or services, including fitness retreats. This includes, but is not limited to, personal injury, emotional distress, or any damage resulting from your reliance on information or advice provided during the use of Services or attendance at a retreat. Participation in fitness retreats may involve physical exertion, outdoor activities, and other potentially hazardous situations. By attending, Clients acknowledge the risks and assume full responsibility for their participation.

Indemnification

You agree to indemnify, defend, and hold harmless our company and its officers, directors, employees, agents, licensors, and suppliers from any claims, losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from your violation of these Terms or any activity related to your use of our website or services.

Termination

We reserve the right to terminate or suspend your access to our website or services at any time, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to access and use our website and services will immediately cease.

Fitness Retreats Specific Terms

Health and Safety Requirements

Travel and Accommodation

Force Majeure

Third-Party Websites and Services

Our website may contain links to third-party websites or services not owned or controlled by us. We are not responsible for the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that we are not liable for any damage or loss caused by the use of or reliance on any such content, goods, or services.

Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of the Netherlands. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts located in the Netherlands.

Changes to the Terms

We reserve the right to modify or replace these Terms at our sole discretion. If we make material changes, we will provide notice on our website before the changes take effect. By continuing to access or use our website or services after the revisions become effective, you agree to be bound by the revised Terms.

Contact Us

By using our Website or Services, including fitness retreats, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. Thank you for choosing OPTIFIT Perform!

If you have any questions or concerns about these Terms or our Personal Training services, please contact us at [email protected].

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