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Terms and Conditions

By using the services of Elvira Broersma, you agree to what is described in these General Terms and Conditions.

 

Article 1 | Applicability

These General Terms and Conditions apply to all verbal and written offers, agreements or understandings, both of a preparatory and of an executive nature.

 

Article 2 | Nature of the service

All Elvira Broersma services are best efforts commitments, aimed at insight, awareness and personal development. You may or may not apply this according to your own choice. Elvira Broersma cannot guarantee success and / or the achievement of goals.

 

Article 3 | Company description

Elvira Broersma focuses on holistic coaching and workshops within the broad field of coaching and personal development. Elvira Broersma is registered with the Chamber of Commerce as Broersma Lifestyle Coaching & Winefulness under number: 73233072.

 

Article 4 | Concepts

In this case, the contractor is Elvira Broersma, who uses these General Terms and Conditions when offering its services.
The client is the person who takes part in a coaching process, i.e. the client who uses the services offered by Elvira Broersma.
The participant is the person who takes part in a workshop by Elvira Broersma.

 

Article 5 | Similarities

  1. All agreements, both oral and written, that are made between the client / participant and Elvira Broersma about the services to be offered are regarded as an agreement.

  2. An agreement for a workshop is concluded after Elvira Broersma has received and confirmed the participant's registration.

  3. Elvira Broersma reserves the right to refuse a client / participant without stating a reason.

 

Article 6 | Execution of the agreement

  1. Elvira Broersma determines the way in which the assignment is carried out and has the right to have certain activities performed by third parties.

  2. Elvira Broersma will execute the agreement to the best of its knowledge and ability and has a best efforts obligation towards the execution of the agreement. Due to this best efforts obligation, Elvira Broersma cannot be held liable on the basis of a result obligation.

  3. The client / participant ensures that all information, of which Elvira Broersma indicates that it is necessary or of which the client / participant should reasonably understand that it is necessary for the execution of the agreement, is provided to Elvira Broersma in a timely manner. If this information is not provided on time, Elvira Broersma reserves the right to suspend or cancel the execution of the agreement.

 

Article 7 | Duration and termination of the agreement

  1. The agreement is entered into for a specific period. This period is an indication of Elvira Broersma and will, if desired, be communicated to the client / participant before the start of the agreement.

  2. The agreement between client / participant and Elvira Broersma can be terminated or extended by both parties at any time at any time.

  3. If the agreement ends before the assignment is completed by cancellation of the client / participant, the client / participant is not entitled to a refund of payments made and / or crediting of invoiced amounts and / or postponement or cancellation of outstanding or future payment obligations.

  4. The termination of the agreement does not affect the financial obligation that still has to be fulfilled by the client / participant.

 

Article 8 | Cancellation of consultations

  1. When the client cancels a consultation, this must be communicated at least 24 hours before the time of the consultation. In case of non-cancellation or cancellation within 24 hours before the consultation, Elvira Broersma is entitled to charge the costs of the session to the client and the client is obliged to pay this.

  2. If the client does not appear at a scheduled consultation, the costs for the consultation will be charged and the client is obliged to pay this.

  3. Elvira Broersma reserves the right to postpone or cancel consultations without giving any reason or if she cannot properly implement the agreement.

 

Article 9 | Cancellation Workshops

  1. Participant may cancel it free of charge and without giving reasons within 14 days after registering for a workshop.

  2. If the participant cancels up to 14 days before the start of the workshop, then 50% of the participation amount is due.

  3. If the participant cancels after 14 days before the start of the workshop, the full participation amount is due. This also applies to early termination, cancellation at the start, or failure to appear at the workshop. A cancellation is valid if it is made by e-mail, where the date of receipt is the cancellation date.

  4. Elvira Broersma reserves the right to postpone or cancel a planned workshop if she cannot properly implement the agreement or if insufficient registrations for the workshop. The participant will receive immediate notification of this and will also receive back the amount paid up to that point, or part thereof. The agreement is thus terminated without further obligations or claims on both sides.

 

Article 10 | Waiting list

If there is no place when the client / participant registers, the client / participant will be placed on a waiting list, if desired. Client / participant will be notified of this. As soon as a place becomes available, Elvira Broersma approaches the client / participant who is at the top of the waiting list first.

 

Article 11 | Terms of payment

  1. In a coaching process, an indication is made during the first meeting of the number of sessions required for the request for help. Afterwards, the client will receive an invoice for the consultation.

  2. At a workshop, the participant will receive an invoice in advance with the costs of the workshop. It is only possible to pay for the workshop in one go.

  3. Payment of the invoice amount by the client / participant must be made within fourteen days after the invoice date, without any right to discount or setoff. Payment is possible in cash as well as by bank transfer.

  4. If the invoice is not paid within the aforementioned term, Elvira Broersma will send a payment reminder (notice of default). An amount of € 5 administration costs will be charged to the client / participant for sending this payment reminder. If the client / participant still does not fulfill his / her obligations after this notice of default, Elvira Broersma is entitled to take collection measures or have them carried out by third parties. From that moment on, the client / participant will also owe statutory interest on the outstanding amount. All judicial and extrajudicial costs related to the collection of the declared amounts will be borne by the client / participant. The extrajudicial costs are set at at least 15% of the amount to be claimed, with a minimum of € 40.00. In case of payment arrears, Elvira Broersma is entitled to suspend further consultations until the client / participant has fulfilled his / her payment obligations.

  5. In the event of any objections regarding the invoice, the client / participant must notify Elvira Broersma in writing within 14 days after receipt of the invoice.

 

Article 12 | Right of suspension

  1. Elvira Broersma is authorized to suspend the fulfillment of all its obligations, including the delivery of documents or other matters to the client / participant or third parties, until all due and payable claims against the client / participant have been paid in full by the client / participant.

  2. Elvira Broersma is not liable for damage to the client / participant caused by the suspension or delayed completion of work.

 

Article 13 | confidentiality

  1. Elvira Broersma is obliged to maintain confidentiality with regard to everything discussed during or in the context of the coaching sessions / workshops.

  2. In the event of imminent danger to both client / participant and society, Elvira Broersma reserves the right to breach confidentiality in order to inform the competent and designated authorities.

  3. If, on the basis of a statutory provision or a court decision, Elvira Broersma is obliged to provide confidential information to third parties designated by law or the competent court and Elvira Broersma cannot rely on a legal or authorized court recognized or permitted in this regard right to refuse, Elvira Broersma is not obliged to pay compensation or compensation.

 

Article 14 | Data and information provision

  1. All information required for the proper execution of the assignment (such as, for example, medication use, previous (psychological) treatments and / or diagnoses) must be provided by the client / participant to Elvira Broersma in advance.

  2. Elvira Broersma may continue to regard the (contact) information provided by the client / participant as such until new / other (contact) information has been communicated in writing.

  3. Client / participant guarantees the correctness and completeness of the information and documents provided by him.

  4. Elvira Broersma does limited work on file creation; ie a registration of data as stated on the intake form and the coaching contract.

 

Article 15 | Liability

  1. Elvira Broersma does not accept any liability whatsoever for damage caused by or in connection with services provided by it.

  2. If Elvira Broersma is nevertheless liable for damage, this liability is limited to the invoice value of the assignment, or at least that part of the assignment to which the liability relates.

  3. Elvira Broersma is not liable for direct or indirect damage suffered by the client / participant as a result of actions or decisions taken as a result of or during a coaching session / workshop. The client / participant remains responsible at all times for the choices made.

 

Article 16 | Complaints procedure

  1. If the client / participant has complaints about the work performed, he / she must make this known in writing to Elvira Broersma within 14 days after the complaint arose.

  2. After taking note of and discussing the complaint with the client / participant, Elvira Broersma will implement the chosen solution direction as well as possible.

 

Article 17 | Disclaimer

Third parties cannot derive any rights from the services provided by Elvira Broersma.

 

Article 18 | Intellectual Property

  1. Elvira Broersma reserves all rights with regard to products of the mind which it uses or has used in the context of the performance of the agreement with the client / participant, insofar as rights can exist or be established on those products in a legal sense.

  2. The client / participant is expressly prohibited from reproducing, disclosing or exploiting those products, including coaching tools, workshop elements, working methods, advice, (model) contracts and other mental products, whether or not with the involvement of third parties.

  3. The client / participant is prohibited from making these products available to third parties.

 

Article 19 | Governing Law and Disputes

  1. Dutch law applies to all agreements between client / participant and Elvira Broersma to which these General Terms and Conditions apply.

  2. In the event that one of the provisions of these General Terms and Conditions is declared null and void in law, it must be replaced by a provision that is permitted and that approaches the scope of the invalid provision as closely as possible. The other provisions in these general terms and conditions remain in full force.

 

Article 20 | Unilateral amendment clause

  1. Elvira Broersma is entitled to amend or supplement these General Terms and Conditions. Changes of minor importance can be made at any time. Major substantive changes are discussed with the client / participant.

  2. Elvira Broersma also reserves the right to change or supplement the Privacy Statement if this is necessary due to legal obligations.

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