GENERAL TERMS AND CONDITIONS Saskia de Badts Health Coaching

Saskia de Badts Health Coaching (hereinafter referred to as “Saskia de Badts Health Coaching”) is registered with the Chamber of Commerce under number 83997091 and is located at Funenpark 394 (1018AK) in AMSTERDAM.

Article 1 – Definitions

In these general terms and conditions, the following terms are used in the following meaning, unless explicitly stated otherwise.

  1. Offer: any offer or proposal to Participant to provide Services by Saskia de Badts Health Coaching.
  2. Consumer: the natural person who does not act in the exercise of a profession or business.
  3. Company: the natural or legal person who acts in the exercise of a profession or business.
  4. Participant: the natural person or Company who actually participates in the Service.
  5. Services: The provision of continuous support and guidance in setting goals and making sustainable changes that improve health and happiness. 
  6. Saskia de Badts Health Coaching: the service provider who offers Services to Participant.
  7. Agreement: any agreement (at a distance) and other obligations between Participant and Saskia de Badts Health Coaching, and also proposals from Saskia de Badts Health Coaching for Services provided by Saskia de Badts Health Coaching to Participant that are accepted and executed by Participant, with these general terms and conditions forming an integral part thereof.

Website: https://saskiadebadtshealthcoaching.com/ https://well-being4women.com

Start date: The moment the Service commences.

Article 2 – Applicability

  1. These general terms and conditions apply to any Offer from Saskia de Badts Health Coaching, any Agreement between Saskia de Badts Health Coaching and Participant, and any Service provided by Saskia de Badts Health Coaching.
  2. Before an Agreement is concluded, Participant will be provided with these general terms and conditions. If this is not reasonably possible, Saskia de Badts Health Coaching will indicate to Participant how the general terms and conditions can be viewed.
  3. Deviation from these general terms and conditions is not possible. In exceptional situations, the general terms and conditions can be deviated from, insofar as this has been explicitly and in writing agreed with Saskia de Badts Health Coaching.
  4. These general terms and conditions also apply to additional, amended, and follow-up assignments from Participant.
  5. The general terms and conditions of Participant are excluded.
  6. If one or more provisions of these general terms and conditions are partially or wholly void or annulled, the remaining provisions of these general terms and conditions will remain in force, and the void/annulled provision(s) will be replaced by a provision with the same meaning as the original provision.
  7. Uncertainties about the content, interpretation or situations that are not regulated in these general terms and conditions must be judged and interpreted in accordance with the spirit of these general terms and conditions.
  8. The applicability of Articles 7:404 of the Dutch Civil Code and 7:407 (2) of the Dutch Civil Code is explicitly excluded.
  9. If she/her is referred to in these general terms and conditions, this should also be interpreted as a reference to he/him/his, if and to the extent applicable.

Article 3 – The Offer

  1. An offer can be made by Saskia de Badts Health Coaching via the website, social media, (personal) email, and by telephone. 
  2. All offers made by Saskia de Badts Health Coaching are without obligation, unless expressly stated otherwise in writing. If the offer is limited or subject to specific conditions, this will be expressly stated in the offer.
  3. Saskia de Badts Health Coaching is only bound by an offer if it is confirmed in writing by the Participant within 7 days. Nevertheless, Saskia de Badts Health Coaching has the right to refuse an Agreement with a (potential) Participant for a valid reason.
  4. The offer includes a description of the Services offered. The description is sufficiently specified so that the Participant is able to make a proper assessment of the offer. Any images and/or data in the offer are only an indication and cannot be the basis for any damages or termination of the Agreement (at a distance). The offer states, at least:
  • The manner of execution of the Agreement;
  • The start date of the Service;
  • Duration of the Service;
  • The price of the Service;
  • The method of payment for the Service;
  1. Offers or quotations do not automatically apply to follow-up orders.
  2. The start date in the offer of Saskia de Badts Health Coaching is indicative in principle and does not give the Participant the right to terminate or claim damages in case of exceeding it, unless expressly agreed otherwise.

Article 4 – Conclusion of the Agreement

  1. The Agreement is concluded at the moment the Participant has accepted an offer from Saskia de Badts Health Coaching by paying for the respective Service through the indicated payment provider Mollie. If it concerns a workshop, agreement must be given on the sent offer by email. Written consent from a parent or guardian is required for minor Participants.
  2. If the Participant has accepted the offer by concluding an Agreement with Saskia de Badts Health Coaching, Saskia de Badts Health Coaching will confirm the Agreement with the Participant in writing, at least by email.
  3. If the acceptance deviates (on minor points) from the offer, Saskia de Badts Health Coaching is not bound by it.
  4. Saskia de Badts Health Coaching is not obliged to an offer if the Participant could reasonably have expected, understood, or should have understood that the offer contained an obvious mistake or typo. The Participant cannot derive any rights from this mistake or typo.
  5. The right of withdrawal is excluded for a Student who is a Company. A Student who is a Consumer has the right to terminate the Agreement free of charge and without giving any reasons within 14 calendar days after it has been concluded (right of withdrawal). The Consumer exercises the right of withdrawal by sending an unambiguous statement by post, fax, or email within this period, that the Agreement must be terminated.
  6. Saskia de Badts Health Coaching has the right to withdraw from the Agreement up to 5 working days before the start of the relevant Service if the minimum number of Students determined by Saskia de Badts Health Coaching has not been reached. Saskia de Badts Health Coaching will reschedule the Service to a new date in such a case and immediately inform the Student of this. If the Service cannot be rescheduled, any money paid will be refunded.

Article 5 – Duration of the Agreement

  1. The Agreement is concluded for the duration of the Service, unless otherwise agreed. 
  2. Both the Participant and Saskia de Badts Health Coaching can terminate the Agreement on the grounds of an attributable failure to comply with the Agreement, if the other party has been given written notice of default and a reasonable period of time to fulfill its obligations, and it still fails to do so. This also includes the payment and cooperation obligations of the Participant. 
  3. The termination of the Agreement does not affect the payment obligations of the Participant to the extent that Saskia de Badts Health Coaching has already performed work or provided services at the time of termination. The Participant must pay the agreed compensation.
  4. Both the Participant and Saskia de Badts Health Coaching may terminate the Agreement in whole or in part, in writing and without further notice, if one of the parties is in suspension of payment, bankruptcy has been applied for or the relevant business ends by liquidation. In the event of a situation as mentioned above, Saskia de Badts Health Coaching is never obliged to refund funds already received and/or to pay damages.

Article 6 – Cancellation

  1. For 1 on 1 coaching and group coaching online/offline, the Participant being a Consumer can reschedule the appointment 24 hours before the Start Date. 
  2. For workshops, the Participant being a Company can reschedule the date 14 days before the workshop. 
  3. The Participant is liable to third parties for the consequences of cancellation and indemnifies Saskia de Badts Health Coaching against any claims arising from these third parties.

Article 7 – Execution of the service provision

  1. Saskia de Badts Health Coaching will make every effort to perform the agreed Service with the greatest possible care, as can be expected of a good service provider. Saskia de Badts Health Coaching guarantees a professional and independent service provision. All Services are performed on the basis of an obligation of best efforts, unless a result has been explicitly and in writing agreed upon which has been extensively described.
  2. The Agreement based on which Saskia de Badts Health Coaching performs the Services is leading for the scope and extent of the service provision. The Agreement will only be executed for the benefit of the Participant. Third parties cannot derive any rights from the content of the executed Services in connection with the Agreement.
  3. The information and data provided by the Participant are the basis on which the Services offered by Saskia de Badts Health Coaching and the prices are based. Saskia de Badts Health Coaching has the right to adjust its service provision and prices if the information provided proves to be incorrect and/or incomplete.
  4. In the execution of the Services, Saskia de Badts Health Coaching is not obliged or required to follow the instructions of the Participant if this changes the content or scope of the agreed Services. If the instructions lead to additional work for Saskia de Badts Health Coaching, the Participant is obliged to pay the additional costs based on a new offer.
  5. Saskia de Badts Health Coaching is entitled to engage third parties at its discretion for the performance of the Services.
  6. If the nature and duration of the assignment require it, Saskia de Badts Health Coaching will keep the Participant informed of the progress in the agreed manner.
  7. The execution of the Services is based on the information provided by the Participant. If the information needs to be changed, this may have consequences for any established planning. Saskia de Badts Health Coaching is never liable for adjusting the planning. If the start, progress or completion of the Services is delayed due to, For example, if the Participant has not provided all the requested information in the desired format, or has provided insufficient cooperation, or if an advance payment has not been received by Saskia de Badts Health Coaching in a timely manner, or if there is a delay due to other circumstances for which the Participant is responsible, Saskia de Badts Health Coaching has the right to a reasonable extension of the delivery period. All damages and additional costs resulting from a delay caused by a cause as mentioned above are borne by the Participant.

Article 8 – Participant’s Obligations

  1. The Participant is obliged to provide all requested information, relevant attachments, and related information and data to Saskia de Badts Health Coaching in a timely manner and/or before the start of the work and in the desired format for a proper and efficient execution of the Agreement. Failure to do so may result in Saskia de Badts Health Coaching being unable to achieve complete execution and/or delivery of the relevant documents. The consequences of such a situation are always borne by the Participant.
  2. Saskia de Badts Health Coaching is not obliged to verify the accuracy and/or completeness of the information provided to her or to update the Participant with respect to the information if it has changed over time, nor is Saskia de Badts Health Coaching responsible for the accuracy and completeness of the information compiled by Saskia de Badts Health Coaching for third parties and/or provided to third parties in the context of the Agreement.
  3. If necessary for the execution of the Agreement, Saskia de Badts Health Coaching may request additional information. Failure to do so entitles Saskia de Badts Health Coaching to suspend its activities until the information has been received, without being obliged to pay any compensation for damages whatsoever to the Participant. In case of changed circumstances, the Participant must make this known to Saskia de Badts Health Coaching immediately or no later than 3 working days after the change has become known.
  4. The Participant is obliged to attend all meetings related to advice, training, workshops (both physical and online). If for any reason the Participant cannot be present, the Participant must make this known, stating valid reasons, before the start of the relevant day. The Participant is obliged to actively participate in the meetings.

Article 9 – Nutritional Advice

  1. If instructed to do so, Saskia de Badts Health Coaching can prepare advice, action plans, designs, reports, planning, and/or reporting for the provision of services. The content is not binding and only advisory in nature, but Saskia de Badts Health Coaching will observe the duty of care resting on her. The Participant decides for herself and at her own responsibility whether to follow the advice.
  2. The advice provided by Saskia de Badts Health Coaching, in whatever form, is never to be regarded as medical or dietary advice.
  3. Upon first request from Saskia de Badts Health Coaching, the Participant is obliged to assess proposals submitted by her. If Saskia de Badts Health Coaching is delayed in her work because the Participant does not provide a timely assessment of a proposal made by Saskia de Badts Health Coaching, the Participant is always responsible for the consequences resulting from such delay, such as a delay.
  4. The nature of the services provided means that the result is always dependent on external factors that may influence the reports and advice of Saskia de Badts Health Coaching, such as the quality, accuracy, and timely provision of necessary information and data by the Participant and her employees. The Participant is responsible for the quality and timely and accurate provision of the necessary data and information to Saskia de Badts Health Coaching.
  5. Participant shall inform Saskia de Badts Health Coaching in writing prior to the start of the services of all circumstances that are or may be relevant, including any points and priorities for which Participant wishes attention.

Article 10 – Coaching

  1. If commissioned to do so, Saskia de Badts Health Coaching can provide coaching for Participant. 
  2. The coaching session takes place at the location of Saskia de Badts Health Coaching or at a location to be determined by Saskia de Badts Health Coaching. If the coaching session takes place at the location of Participant, Participant is obliged to provide the facilities required for the coaching in a timely manner. If a coaching session cannot take place or is delayed because Participant has not fulfilled the aforementioned obligation, all consequences thereof are at the expense and risk of Participant. Saskia de Badts Health Coaching is also entitled to give instructions regarding the suitability of the location and facilities available for the coaching session prior to the start of the session.
  3. The coaching session can also take place online via Zoom or other platforms chosen by Saskia de Badts Health Coaching.
  4. Participant is obliged to be present at the specified location or in the online waiting room at least 5 minutes prior to the start of the coaching session.
  5.  If Participant is not present on time for the coaching session, Saskia de Badts Health Coaching has the right to refuse the Participant for the coaching session. Participant has no right to a refund of the already paid funds.
  6. If Participant does not show up for the coaching session, Saskia de Badts Health Coaching is entitled to charge for the reserved time. Participant has no right to a refund of the already paid funds.
  7. The content of the coaching session offered by Saskia de Badts Health Coaching and the advice given during the coaching session are not binding and are merely advisory in nature, but Saskia de Badts Health Coaching will comply with its duty of care. The coaching session will be tailored to the wishes of Participant as well as the needs of the respective Participant(s) as much as possible.
  8. Participant shall inform Saskia de Badts Health Coaching in writing prior to the start of the coaching session of all circumstances that are or may be relevant, including any points and priorities for which Participant wishes attention.

Article 11 – Workshops

  1. Saskia de Badts Health Coaching can provide a workshop for Participants. Saskia de Badts Health Coaching is entitled to limit the number of Participants.
  2. The Workshop takes place at the location of Participant. Participant is obliged to be present at the relevant location at least 10 minutes prior to the start of the Workshop.
  3. If Participant is not present on time for Saskia de Badts Health Coaching, Saskia de Badts Health Coaching has the right to refuse the Participant for the workshop. Unless expressly agreed otherwise, Participant has no right to a refund of already paid funds.
  4. The Workshop will be tailored to the wishes and needs of the respective Participant(s) as much as possible.
  5. Participant shall inform Saskia de Badts Health Coaching in writing prior to the start of the workshop of all circumstances that are or may be relevant, including any points and priorities for which Participant wishes attention. This also includes any medical complaints and/or injuries that may limit or hinder Participant’s usual participation.
  6. Saskia de Badts Health Coaching is entitled to cancel the workshop or move it to another date if there are too few registrations. It is solely at the discretion of Saskia de Badts Health Coaching to move the workshop. Participant will be informed of this as soon as possible. If there are too many registrations, Saskia de Badts Health Coaching is entitled to refuse the Participants who registered last for the Workshop.

Article 12 – Additional work and changes

  1. If it becomes apparent during the execution of the Agreement that the Agreement needs to be adjusted, or if additional work is necessary at the request of the Participant to achieve the desired result, the Participant is obliged to pay for these additional activities at the agreed rate. Saskia de Badts Health Coaching is not obliged to comply with this request and may require a separate Agreement to be concluded and/or may refer the Participant to an authorized third party for such services.
  2. If the additional work is due to the negligence of Saskia de Badts Health Coaching, Saskia de Badts Health Coaching has made a wrong assessment, or the relevant work could have reasonably been foreseen, these costs will not be charged to the Participant.

Article 13 – Prices and payment

  1. All prices are generally exclusive of value-added tax (VAT), unless otherwise agreed.
  2. Saskia de Badts Health Coaching provides its services in accordance with the agreed rate. Payment for Services is made in advance through payment provider Mollie or another payment provider indicated by Saskia de Badts Health Coaching. Payments for workshops take place after the Service through payment of an invoice. For both, full payment must be made in one installment.
  3. Travel time for the benefit of the Participant, and travel-related expenses, will be charged to the Participant.
  4. The Participant is obliged to fully reimburse the costs of third parties that are engaged with the approval of the Participant by Saskia de Badts Health Coaching, unless expressly agreed otherwise.
  5. The parties may agree that the Participant must pay an advance payment. If an advance payment has been agreed, the Participant must pay the advance payment before the service provision commences.
  6. The Participant cannot derive any rights or expectations from a budget provided in advance, unless expressly agreed otherwise.
  7. Saskia de Badts Health Coaching is entitled to annually increase the applicable prices and rates in accordance with the prevailing inflation rates. Other price changes during the Agreement are only possible if and to the extent that they have been expressly recorded in the Agreement.
  8. In the event of liquidation, insolvency, bankruptcy, involuntary liquidation or payment request against the Participant, the payment and all other obligations of the Participant under the Agreement will become immediately due and payable.

Article 14 – Debt Collection Policy

  1. If the Participant fails to fulfill its payment obligation and has not fulfilled its obligation within the payment term specified, the Participant, being a Business, will be in default by operation of law. The Participant, being a Consumer, will first receive a written reminder with a term of 14 days after the date of the reminder to still fulfill the payment obligation, including a statement of the extrajudicial costs if the Consumer does not fulfill its obligations within that term, before becoming in default.
  2. From the date the Participant is in default, Saskia de Badts Health Coaching will be entitled to statutory commercial interest from the first day of default until full payment, and to calculate extrajudicial costs in accordance with Article 6:96 of the Dutch Civil Code based on the scale from the Decision on Compensation for Extrajudicial Collection Costs of July 1, 2012.
  3. If Saskia de Badts Health Coaching has incurred more or higher costs that are reasonably necessary, these costs are eligible for reimbursement. The Participant is also responsible for the full legal and execution costs incurred.

Article 15 – Privacy, data processing and security

  1. Saskia de Badts Health Coaching handles the (personal) data of the Participant and/or visitors to the website carefully and will only use them in accordance with applicable standards. If requested to do so, Saskia de Badts Health Coaching will inform the data subject about this.
  2. The Participant is responsible for processing the data that are processed using a Service of Saskia de Badts Health Coaching. The Participant also guarantees that the content of the data is not unlawful and does not infringe any rights of third parties. In this context, the Participant indemnifies Saskia de Badts Health Coaching against any (legal) claims related to these data or the performance of the Agreement.
  3. If Saskia de Badts Health Coaching is required to provide information security under the Agreement, this security will comply with the agreed specifications and a security level that, given the state of the art, the sensitivity of the data, and the associated costs, is not unreasonable.

Article 16 – Suspension and termination

  1. Saskia de Badts Health Coaching has the right to retain the data, databases and more received or realized by her if the Participant has not (fully) fulfilled her payment obligations. This right remains in force even if there is a valid reason for Saskia de Badts Health Coaching to suspend in that case.
  2. Saskia de Badts Health Coaching is entitled to suspend the performance of her obligations as soon as the Participant is in default with the performance of any obligation arising from the Agreement, including late payment of her invoices. The suspension will be confirmed to the Participant in writing immediately.
  3. In that case, Saskia de Badts Health Coaching shall not be liable for any damages, whatsoever, resulting from the suspension of her activities.
  4. The suspension (and/or termination) does not affect the payment obligations of the Participant for work already carried out. In addition, the Participant is obliged to compensate Saskia de Badts Health Coaching for any financial loss suffered by Saskia de Badts Health Coaching as a result of the Participant’s failure to comply with her obligations.

Article 17 – Force Majeure

  1. Saskia de Badts Health Coaching is not liable when, due to a force majeure situation, she cannot fulfill her obligations under the Agreement. 
  2. Force majeure on the part of Saskia de Badts Health Coaching includes, but is not limited to: (i) force majeure of suppliers of Saskia de Badts Health Coaching, (ii) the failure of suppliers prescribed or recommended by the Participant or its third parties to fulfill their obligations to Saskia de Badts Health Coaching, (iii) defects in software or third parties involved in the provision of the Service, (iv) government measures, (v) disruptions in electricity, internet, data network, and/or telecommunications facilities, (vi) illness of employees of Saskia de Badts Health Coaching or her appointed advisers, and (vii) other situations that, in the opinion of Saskia de Badts Health Coaching, fall outside her sphere of influence and temporarily or permanently hinder the performance of her obligations.
  3. In case of force majeure, both Parties have the right to terminate the Agreement in whole or in part. In that case, all costs incurred before the termination of the Agreement shall be borne by the Participant. Saskia de Badts Health Coaching is not obliged to compensate the Participant for any losses caused by such termination.

Article 18 – Limitation of Liability regarding Services

  1. If any result set out in the Agreement is not achieved, a failure of Saskia de Badts Health Coaching shall only be deemed to exist if Saskia de Badts Health Coaching has expressly promised this result when accepting the Agreement.
  2. If Saskia de Badts Health Coaching’s failure is attributable, Saskia de Badts Health Coaching shall only be obliged to pay any compensation if the Participant has given Saskia de Badts Health Coaching notice of default within 14 days after discovering the failure, and Saskia de Badts Health Coaching has not subsequently rectified the failure within a reasonable period of time. The notice of default must be submitted in writing and contain a sufficiently precise description/justification of the failure so that Saskia de Badts Health Coaching can respond adequately.
  3. If the performance of the Agreement by Saskia de Badts Health Coaching leads to liability on the part of Saskia de Badts Health Coaching, such liability shall be limited to the total amount invoiced in connection with the Agreement, but only with respect to direct damage suffered by the Participant unless the damage is the result of intent or gross negligence on the part of Saskia de Badts Health Coaching. Direct damage shall mean: reasonable costs incurred to prevent or limit direct damage, the determination of the cause of the damage, the direct damage, the liability and the manner of restoration.
  4. Saskia de Badts Health Coaching expressly excludes all liability for consequential damage. Saskia de Badts Health Coaching is not liable for indirect damage, loss of business, loss of profit and/or loss incurred, missed savings, damage due to business interruption, loss of assets, delay damage, interest damage and immaterial damage.
  5. The Participant indemnifies Saskia de Badts Health Coaching against all claims by third parties as a result of a defect caused by a Service delivered by the Participant to a third party and which also consisted of Services provided by Saskia de Badts Health Coaching, unless the Participant can demonstrate that the damage was solely caused by Saskia de Badts Health Coaching’s Service.
  6. Any advice provided by Saskia de Badts Health Coaching based on incomplete and/or incorrect information provided by the Participant shall never be a ground for liability of Saskia de Badts Health Coaching.
  7. The content of the advice provided by Saskia de Badts Health Coaching is not binding and only advisory in nature. The participant decides for herself and at her own risk whether to follow the proposals and nutritional advice mentioned by Saskia de Badts Health Coaching. Any consequences resulting from the implementation of the advice are the responsibility of the participant. The participant is always free to make her own choices that deviate from the advice provided by Saskia de Badts Health Coaching. Saskia de Badts Health Coaching is not obliged to refund any amount in such cases.
  8. If a third party is engaged by or on behalf of the participant, Saskia de Badts Health Coaching is not liable for the actions and advice of the third party, as well as for the processing of results (of the advice given) of the third party engaged by the participant in Saskia de Badts Health Coaching’s own advice.
  9. Saskia de Badts Health Coaching does not guarantee the correct and complete transmission of the content of e-mails sent by or on behalf of Saskia de Badts Health Coaching, nor their timely receipt.
  10. The participant indemnifies Saskia de Badts Health Coaching from all claims arising from the participant’s failure to successfully complete training courses under the Agreement.
  11. All claims by the participant due to failure on the part of Saskia de Badts Health Coaching shall lapse if they are not reported in writing and with reasons to Saskia de Badts Health Coaching within one year after the participant was aware or could reasonably have been aware of the facts on which she bases her claims. One year after the termination of the Agreement between the parties, Saskia de Badts Health Coaching’s liability shall lapse.
  12. Saskia de Badts Health Coaching is not liable for physical injury caused by injuries, participation in the Services and/or accidents. Each participation of the Client/Participant takes place at the risk and responsibility of the participating person.

Article 19 – Confidentiality

  1. Saskia de Badts Health Coaching and the participant undertake to maintain confidentiality of all confidential information obtained in connection with an assignment. Confidentiality arises from the assignment and must also be assumed if it can reasonably be expected that it concerns confidential information. Confidentiality does not apply if the information concerned is already public/common knowledge, the information is not confidential and/or the information has not been disclosed by the participant to Saskia de Badts Health Coaching during the Agreement or obtained by Saskia de Badts Health Coaching in another way.
  2. In particular, confidentiality relates to advice, reports, designs, methods, and/or reporting prepared by Saskia de Badts Health Coaching concerning the participant’s assignment. The participant is expressly prohibited from sharing the contents with employees who are not authorized to do so and with (unauthorized) third parties. Saskia de Badts Health Coaching always exercises the necessary care in dealing with all sensitive business information provided by the participant.
  3. If Saskia de Badts Health Coaching is required by law or a court order to disclose the confidential information to the person indicated by law or authorized by the court or third party, and Saskia de Badts Health Coaching cannot invoke a privilege, Saskia de Badts Health Coaching shall not be liable for any damages and the participant shall not have any grounds for terminating the Agreement.
  4. For the transfer or dissemination of information to third parties and/or publication of statements, advice or productions provided by Saskia de Badts Health Coaching to third parties, Saskia de Badts Health Coaching’s written consent is required, unless such consent has been expressly agreed in advance. The participant shall indemnify Saskia de Badts Health Coaching against all claims arising from any such transfer, dissemination or publication.

Article 20 – Intellectual Property Rights

  1. All intellectual property rights and copyrights of Saskia de Badts Health Coaching, including but not limited to all designs, educational materials, models, reports, and advice, are exclusively owned by Saskia de Badts Health Coaching and are not transferred to the Participant unless explicitly agreed otherwise.
  2. If it is agreed that one or more of the aforementioned items or works of Saskia de Badts Health Coaching will be transferred to the Participant, Saskia de Badts Health Coaching is entitled to enter into a separate agreement and demand an appropriate financial compensation from the Participant. Such compensation must be paid by the Participant before obtaining the relevant items or works with the associated intellectual property rights.
  3. The Participant is prohibited from disclosing and/or reproducing, modifying, or making available to third parties (including for commercial purposes) all documents and software on which the intellectual property rights and copyrights of Saskia de Badts Health Coaching rest, without the express prior written consent of Saskia de Badts Health Coaching. If the Participant wishes to make changes to the items delivered by Saskia de Badts Health Coaching, Saskia de Badts Health Coaching must explicitly approve the proposed changes.
  4. The Participant is prohibited from using the items and documents on which Saskia de Badts Health Coaching’s intellectual property rights rest, other than as agreed in the Agreement. The parties will inform each other and take joint measures if there is a breach of the intellectual property rights.

Article 21 – Indemnification and Accuracy of Information

  1. The Participant is responsible for the accuracy, reliability, and completeness of all data, information, documents, and/or records, in any form whatsoever, provided to Saskia de Badts Health Coaching in the context of an Agreement, as well as for the data obtained from third parties and provided to Saskia de Badts Health Coaching for the execution of the Service.
  2. The Participant indemnifies Saskia de Badts Health Coaching from any liability resulting from the failure to provide timely, accurate, reliable, and complete data, information, documents, and/or records.
  3. The Participant indemnifies Saskia de Badts Health Coaching against any claims by the Participant and third parties engaged or working for the Participant, as well as by the Participant’s customers, based on the failure to (timely) obtain any subsidies and/or permissions required in the context of the execution of the Agreement.
  4. The Participant indemnifies Saskia de Badts Health Coaching against any claims by third parties arising from the work carried out on behalf of the Participant, including but not limited to intellectual property rights on the data and information provided by the Participant that can be used in the execution of the Agreement and/or the actions or omissions of the Participant towards third parties.
  5. If the Participant provides electronic files, software, or information carriers to Saskia de Badts Health Coaching, the Participant guarantees that these are free of viruses and defects.

Article 22 – Complaints

  1. If the Participant is not satisfied with the service provided by Saskia de Badts Health Coaching or has any other complaints regarding the performance of his assignment, the Participant is obliged to report these complaints as soon as possible, but no later than 14 calendar days after the relevant event that led to the complaint. Complaints can be reported orally or in writing via info@saskiadebadtshealthcoaching.com with the subject “Complaint”.
  2. The complaint must be sufficiently substantiated and/or explained by the Participant in order for Saskia de Badts Health Coaching to be able to take the complaint into consideration.
  3. Saskia de Badts Health Coaching will respond to the complaint in a timely manner, but no later than 14 calendar days after receiving the complaint.
  4. The Parties will try to come to a joint solution.

Article 23 – Applicable law

  1. Dutch law applies to the legal relationship between Saskia de Badts Health Coaching and the Participant.
  2. Saskia de Badts Health Coaching has the right to amend these general terms and conditions and will inform the Participant of any changes.
  3. In case of translations of these general terms and conditions, the Dutch version prevails.
  4. All disputes arising from or in connection with the Agreement between Saskia de Badts Health Coaching and the Participant will be settled by the competent court of the Amsterdam District Court, location Amsterdam, unless mandatory legal provisions designate another competent court.

Amsterdam, February 24, 2023

These general terms and conditions have been filed with the Chamber of Commerce in Amsterdam.

en_USEnglish