TERMS OF SERVICE


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. 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

We offer Personal Training services, including 1-1 sessions, group training, and nutrition plans. These services are provided by certified Personal Trainers and Nutritionists 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.

Session Cancellation and Consequences

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, 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.

Exceptions to Cancellation Policy

We understand that unexpected circumstances may arise that prevent you from providing the required notice for session cancellation. In such cases, please contact us as soon as possible, and we will assess the situation on a case-by-case basis. We may make exceptions to the cancellation policy 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. Payment will consist of the total number of sessions held in that calendar month. 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.

Refunds 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.

In case of non-full payment within the specified period, the client will be in default without further notice and will be liable for statutory interest plus 1.5%, as well as obliged to pay 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 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, and nutrition plans. We do not guarantee any specific results or outcomes from our Personal Training services.

Limitation of Liability

In no event will we be liable to you or any third party for any damages, including but not limited to direct, indirect, incidental, special, consequential, or punitive damages arising out of or relating to your use of our website or Personal Training services.

Indemnification

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

website or Personal Training services. This includes any negligent or wrongful conduct by you or any other person accessing our website or using our services.

Termination

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

Third-Party Websites and Services

Our website may contain links to third-party websites or services that are not owned or controlled by us. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such third-party websites or services.

Governing Law and Jurisdiction

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

Changes to the Terms

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

Contact Us

If you have any questions or concerns about these Terms or our Personal Training services, please contact us at info@optifit-perform.com.

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