1. Company Details

Business Name: Helder Movement + Growth
Chamber of Commerce Number: 84147202
Legal Form: Sole proprietorship
Address: Korte De Wittenstraat 45, 1052 DG Amsterdam
Email Address: dario@heldermovement.com
Establishment Date: 1 October 2021
Activities: Personal and functional training, lifestyle and health coaching.

2. Applicability

2.1 These general terms and conditions apply to all services and agreements between Helder Movement + Growth and clients unless otherwise agreed in writing.

2.2 These terms also apply to agreements involving third parties providing services for Helder Movement + Growth.

2.3 The applicability of any purchasing or other general terms of the client is explicitly excluded.

2.4 If any provision of these terms proves void or unenforceable, the remaining provisions remain valid.

3. Services

3.1 Helder Movement + Growth offers services including online personal training, personalized training schedules, nutritional coaching, video exercise analysis, weekly email feedback, and WhatsApp support on weekdays between 08:00 and 19:00.

3.2 Services aim to improve the client’s health and fitness but do not constitute medical advice. Clients are advised to consult their physician for medical concerns.

4. Agreement and Cancellation

4.1 An agreement is established upon the client’s confirmation of the service, typically through payment or written acknowledgment.

4.2 Clients may cancel within 14 days of entering into the agreement without providing a reason (right of withdrawal).

4.3 Memberships are invoiced monthly and can be canceled with one month’s notice by email or a cancellation link provided.

4.4 For clients under 18 years of age, a parent or legal guardian must sign the agreement.

4.5 Helder Movement + Growth reserves the right to terminate the agreement immediately without refund if the client fails to comply with the terms or behaves inappropriately.

4.6 Contracts must be completed within 1.5 times the agreed term unless written approval is provided for an extension.

5. Payment

5.1 Payments must be made in advance unless agreed otherwise in writing.

5.2 In case of late payments, services may be suspended until payment is received.

5.3 Payments are non-refundable unless explicitly agreed otherwise.

5.4 If payments are overdue, statutory interest will be charged, and reasonable collection costs will be borne by the client.

6. Liability

6.1 Participation in services involves strenuous physical activity and may carry inherent risks. Clients confirm they are in suitable physical and mental condition to participate.

6.2 Helder Movement + Growth is not liable for any direct or indirect damages unless caused by intent or gross negligence.

6.3 Clients remain responsible for following instructions and performing exercises correctly. Injuries caused by improper use of provided materials or advice are the client’s responsibility.

6.4 Clients must disclose complete and accurate health information and report any unusual symptoms immediately.

6.5 Helder Movement + Growth accepts no liability for damages resulting from the use of third-party facilities.

6.6 Liability for damages, if applicable, is limited to the invoice amount or the amount covered by Helder Movement + Growth’s insurance policy.

7. Delivery of Services

7.1 Services are provided via online tools, including email, WhatsApp, and video analysis.

7.2 Clients are responsible for having the necessary equipment and internet connection to access services.

7.3 Helder Movement + Growth may outsource certain work to third parties, excluding the application of Dutch Civil Code articles 7:404, 7:407(2), and 7:409.

8. Privacy and Personal Data

8.1 Helder Movement + Growth processes personal data in accordance with the GDPR.

8.2 Personal data is used exclusively for delivering services and will not be shared with third parties without consent.

8.3 Clients must keep training schedules and coaching materials confidential and refrain from sharing them without written consent.

8.4 Clients have the right to access, correct, or delete their personal data.

9. Force Majeure

9.1 Helder Movement + Growth is not liable for failure to perform obligations due to circumstances beyond its control, including but not limited to natural disasters, pandemics, or communication failures.

9.2 If force majeure persists for more than two months, either party may terminate the agreement without compensation.

9.3 Services delivered before the force majeure event may still be invoiced.

10. Applicable Law

10.1 All agreements between Helder Movement + Growth and clients are governed by Dutch law.

10.2 Disputes will be submitted to the competent court in Amsterdam.

11. Amendments

11.1 Helder Movement + Growth reserves the right to amend these terms unilaterally. Clients will be notified of changes in advance and may terminate the agreement if they disagree with the amendments.

11.2 Amendments also apply to existing agreements unless otherwise specified.

12. Complaints and Information Duty

12.1 Clients must notify Helder Movement + Growth immediately of changes to personal information.

12.2 Complaints must be submitted in writing to dario@heldermovement.com within 14 days of the issue.

13. Special Arrangements

13.1 Results depend on the client’s effort and are not guaranteed.

13.2 If the client misuses services or materials, Helder Movement + Growth reserves the right to terminate the agreement immediately without refund.

13.3 Helder Movement + Growth is not liable for third-party claims resulting from the client’s use of services.

13.4 The agreement constitutes an obligation of effort, not an obligation of results.