General terms and conditions
A. General
B. Termination
C. Quotations and offers
D. Payment and collection fees
E. Confidentiality and intellectual property
F. Responsibilities of the contracting party
G. Liability
H. Applicable law and competent court
I. Conclusion
A. General
The training contract contains personal, comprehensive training advice based on the intake, the training objective and the days or hours the contracting party is able to train.
In addition to a final objective, it is possible to specify intermediate objectives and ongoing adjustment of the training programme according to a digital logbook maintained by the contracting party.
The fees associated with a standard training contract include: annual fees (annual plan) that recur annually at the beginning of a new training year, monthly fees for the training advice and monthly fees for the digital logbook. A training or nutrition contract is entered into for the duration of one year and, subject to any changes indicated in advance, is renewed for one year at the time of renewal. Regarding the method of termination of the contract, please refer to section B Termination.
Sports nutrition advice and nutritional analyses are also available and can be concluded separately or in combination with a training contract. The costs thereof will be offered to interested parties in a separate quotation or offer.
A training or nutrition contract commences on the date that the contracting party, also including a (semi-)professional athlete, has accepted the quotation or offer made by Alan Smeets Training and the contracting party has accepted and become familiar with these general terms and conditions.
B. Termination
By the contracting party
- During the first 14 days of the annual contract
- Following the first 14 days of the annual contract
- Upon the end of the annual contract
a) If the contracting party is not satisfied with the services provided by Alan Smeets Training during the first 14 days of the annual contract, the contracting party is allowed to request a refund of the payment of the annual fee, first month's fee and the first month's fee for the digital logbook, provided that Alan Smeets Training receives this request in writing before the expiry of the first 14 days of the annual contract. If the contracting party does not comply with this condition, this rule shall lapse and Alan Smeets Training shall not be obliged to refund the initial cost of the annual contract.
b) The contracting party may terminate the annual contract during any term without specifying a reason, provided that Alan Smeets Training receives a written statement from the contracting party no later than 30 days before the expiry of the next calendar month, in which the contracting party indicates its intention to terminate the annual contract. The contracting party agrees to pay for Alan Smeets Training's services during this 30-day notice period, with Alan Smeets Training retaining delivery of the service. The 30-day notice period shall apply to the monthly fees or charges payable by the contracting party for the digital training logbook.
c) The contracting party can terminate an annual contract in writing no later than one month before the end of the contract. The contract shall then continue until the end of the year and will not be tacitly renewed for another year. In the event of a second or subsequent contract, as indicated above in point b, termination can take place with 30 days' notice.
The following conditions apply with regard to the annual planning fee.
If the contracting party decides to terminate the annual contract after the first 14 days, but within the first month, he/she shall be refunded 100% of the annual fee. If the contracting party decides to terminate the annual contract within two months of commencement he/she shall be refunded 50% of the annual fee and if the contracting party decides to terminate the annual contract within three months of commencement he/she shall be refunded 25% of the annual fee. If the contracting party decides to terminate the annual contract within the first month after the start of a new training year, he/she will be refunded 100% of the annual fee.
By Alan Smeets Training
a) Alan Smeets Training is entitled to terminate the contract with immediate effect, via email/ writing to the contracting party's specified address if;
- - the contracting party is younger than 18 and the parents do not accept the general terms and conditions;
- - the information provided by the contracting party within the framework of (the conclusion of) the contract is incomplete, incorrect or not up-to-date;
- - the contracting party is/appears to be unauthorised;
- - the contracting party fails to make payments within the contractual period;
- - the contracting party fails to meet one or more of his/her (other) obligations towards Alan Smeets Training properly or in full.
b) Alan Smeets Training is entitled to terminate the contract with immediate effect without further notice of default or judicial intervention in the event that the bankruptcy of the contracting party has been filed for, the contracting party has been placed under a government administration programme, the contracting party has been placed under guardianship, the contracting party has been placed under debt restructuring, or it is likely that the contracting party shall not fulfil its payment obligations arising from the contract in any other way.
C. Quotations and offers
All quotations and offers of Alan Smeets Training are non-binding, unless the quotation or offer stipulates an acceptance period. Alan Smeets Training cannot be bound by its quotation or offer if the contracting party can reasonably understand that the quotation or offer, or any part thereof, contains an obvious mistake or clerical error.
The prices mentioned in a quotation or offer are inclusive of VAT, but exclusive of any other government levies and costs to be incurred in the context of the contract, including travel and accommodation, shipping and administration costs, unless otherwise indicated.
If the offer included in the quotation or offer differs from the accepted offer, on minor points or otherwise, Alan Smeets Training shall not be bound by this. The contract will then not be concluded in accordance with this deviating acceptance, unless Alan Smeets Training indicates otherwise.
A compound quotation does not oblige Alan Smeets Training to perform a portion of the contract for a corresponding amount of the stated price.
D. Payment and collection fees
Invoices must be paid within 14 days of the invoice date.
In the event of late payment, the contracting party shall be in default and the claim shall be immediately due and payable without further notice of default.
In the event of late payment, the contracting party shall owe interest and fees commencing from the invoice date. The interest rate shall be the statutory interest rate for a consumer and, for a commercial partner, the statutory commercial interest rate plus 3%.
A consumer shall be given the opportunity to pay the invoice without interest and costs for 16 days and if the consumer does not use this opportunity, he or she will owe the extrajudicial costs in accordance with the Dutch Collection Fees Decree (Besluit incassokosten).
In the event of overdue payment, the commercial partner shall owe extrajudicial costs amounting to 15% of the principal sum with a minimum of €40.00.
The contracting party shall also owe all costs if proceedings must be initiated in court as a result of his or her actions.
E. Confidentiality and intellectual property
The services offered and materials, methods and techniques made available by Alan Smeets Training are subject to the copyright law and other intellectual laws and regulations and, as such, are entirely confidential and may not be reproduced in any form.
Alan Smeets Training is the sole and exclusive owner of all concepts, programmes, ideas, materials, copyrights, trademarks and other intellectual property and violation of these rights is unlawful and renders the contracting party liable for compensation.
The contracting party shall forfeit for each breach of confidentiality, in whatever form, an immediately due and not subject to mitigation fine of €2,500.00 (in words: two thousand five hundred euros) per violation.
F. Responsibilities of the contracting party
The contracting party shall refrain from using performance-enhancing drugs, including banned substances, as indicated in the regulations of accredited sports associations and stipulated by law. If it becomes known in any way that the contracting party has used performance-enhancing drugs, Alan Smeets Training reserves the right to terminate the contract with immediate effect.
G. Liability
The contracting party understands and agrees that Alan Smeets Training does not guarantee the achievement of individual results. The contracting party, and not Alan Smeets Training, is personally responsible for achieving set objectives. The contracting party understands that physical training involves risk and may ultimately result in physical injury, loss of or damage to property and possibly even death. The contracting party agrees to assume the risks of participating in the training and activities advised by Alan Smeets Training.
The contracting party declares that he/she has not received any negative advice from a doctor to use the services of Alan Smeets Training. The contracting party releases Alan Smeets Training from any liability and shall always indemnify Alan Smeets Training against any claims, losses, costs or expenses relating to death, personal injury, total or partial disability or property damage and any form of subsequent injury. The foregoing provisions also expressly apply to the contracting party's heirs and relatives, acquaintances, friends and others.
The contracting party also declares that he/she is not suffering from any physical or mental condition(s) that could cause damage to the contracting party by the participation of the contracting party in Alan Smeets Training's advice. The contracting party is deemed to have communicated all relevant medical information to Alan Smeets Training and if the contracting party has failed to do so, the ensuing repercussions shall never be the responsibility of Alan Smeets Training. Nutritional advice and/or training schedules drawn up without communicating relevant medical information will never lead to any liability if medical problems arise.
The contracting party declares that he/she is at least 18 years old or has the permission of his/her parents to enter into a training contract with Alan Smeets Training. The contracting party also declares that he/she agrees that Alan Smeets Training is not liable for any guarantees regarding products or promotional material offered by third parties to Alan Smeets Training's contracting party.
H. Applicable law and competent court
All contracts are executed by Alan Smeets Training within or operating from the Netherlands; therefore, the contracts shall be governed by Dutch law, but in addition, to the extent necessary, chosen by the parties.
All disputes shall, if possible, be submitted to the District Court of Limburg.
I. Conclusion
The terms in this agreement may not be amended without the written consent of Alan Smeets Training and any attempt to do so without consent is void. The contracting party may not derive any rights from this agreement without the written consent of Alan Smeets Training. This agreement constitutes the entire agreement between all parties with respect to the subject matter hereof, which nullifies all previous agreements, oral or written.
