General Terms and Conditions The BootClub

TERMS AND CONDITIONS EN THE BOOTCLUB – Version March 2020

Article 1. General

1.1. These conditions apply to every Dutch or English offer, quotation and agreement between The BootClub BV, located at Hullenbergweg 413 in Amsterdam and registered with the Chamber of Commerce with number 67833535, accessible by email at support @ the-bootclub. com, hereinafter referred to as ‘The Company’, and a counterparty to which The Company has declared these conditions applicable, insofar as the parties have not deviated from these conditions explicitly and in writing.

1.2. With the Client, The Company also refers to “customer”, “participant”, “candidate”, “bootcamper” or “patient”.

1.3 By “agreement” is also meant, booking, reservation, registration or purchase: The Company and Client enter into an agreement through an agreement framework.

1.4. The Company is not a healthcare institution.

Article 2. The Agreement

2.1. The Purchase, agreement, reservation, registration or entering into the agreement is made by the Client after (1) completion and sending of a registration form on the website from which the Client receives a confirmation, (2) a telephone appointment which is confirmed by e-mail by The Company (3) an oral appointment which will be confirmed by email, or (4) by email.

2.2. In the event of verbal or telephone agreements or changes to the agreement, these will be confirmed by The Company by e-mail.

2.3. Agreements by telephone and e-mail are binding.

2.4. The agreement is strictly personal and non-transferable.

2.5. The Company reserves the right to request identification from Clients at the start of a program.

2.6. If there is no space to participate, The BootClub will contact the Client within 24 hours or on the next working day to discuss alternatives. The Company reserves the right to terminate the agreement free of charge.

2.7. If the down payment or residual payment is not in the Company’s account before the relevant invoice date expires, The Company has the unilateral right to (partially) cancel the agreement. In such a case, the Company will fully claim the cancellation costs.

2.8. No reflection period applies to any agreement of the Company which is linked to a specific period, date or time. This includes but is not limited to multi-day Bootcamps, personal training, consultations, COOL programs, etc.

Article 3. Rate and discount

3.1. The Company reserves the right to make rate changes if there is a reason to do so.

3.2. The rate or purchase price refers to the complete amount on the invoice

3.3. Rates on the website include VAT unless otherwise stated.

3.4. Discount codes must always be traceable to a current valid promotion. The Client must be able to provide documentary evidence for the promotion and promotion conditions upon request. If no valid demonstrable action applies, the discount expires.

Article 4. Subcontractors

4.1. The Company has the right to have services performed by subcontractors. Some team members at The Company are hired on a freelance / subcontracting basis. Liability of their guidance rests with the hired freelancer / subcontractor.

4.2. The Company reserves the right to provide subcontractors and freelancers with the appropriate personnel information to perform their duties properly.

Article 5 Acceptance of authority

5.1. The Company always strives for a win / win outcome in the event of any issues and discusses this in detail with the Client.

5.2. Client accepts authority from employees or representatives of The Company.

5.3. If the Client displays inappropriate behavior, disrespects other Clients or The Company or causes harm to The Company or third parties, The Company reserves the right to remove the Client from the program.

5.4. If the health or safety of the Client is endangered, The Company may decide to deny the Client further access to participation.

Article 6. Liability

6.1. The Company is not liable for any injury or accident or lost objects of any kind due to any reason, except in the event of deliberate misconduct or deliberate recklessness on the part of The Company or its supervisors.

6.2. Each Client is responsible for personal accidents and personal belongings. The Client is advised to take appropriate insurance to this end. Neither The Company nor its employees can be held responsible for the loss, damage or theft of goods.

Article 7. Damage

7.1. A Client who causes damage to The Company or third parties is held responsible and liable for this.

7.2. If the Client is under the age of 18, parents or guardians can be held responsible and liable.

7.3. The Company explicitly excludes liability for damage resulting from a Client with insufficient fitness, health, overestimation of his fitness / health and or ignoring instructions.

Article 8. Changes – General

8.1. Changes to the agreement: Changes to agreements made must always be confirmed by e-mail by The Company.

8.2. Validity of agreements: Unless otherwise stated, agreements always apply for the current calendar year. After the expiry of the calendar year, all outstanding appointments or services not received will lapse unless explicit dates have been allocated.

8.3. For changes to explicit services, see the relevant details in these general terms and conditions.

Article 9 Interest and collection costs

9.1. The Client who has not fulfilled the financial obligation to the Company on time, owes statutory interest on the amount still owed.

9.2. Furthermore, the Client is obliged to reimburse extrajudicial costs reasonably incurred by The Company.

Article 10. Privacy

10.1. The Company processes the personal data of the Client within the framework of the applicable laws and regulations regarding the protection of privacy, in particular the Personal Data Protection Act.

10.2. Data obtained can be used in an anonymous form for improving the service or for gaining (scientific) insight into the effectiveness of our programs / products. Client agrees to receive questionnaires for this purpose.

10.3. Any question, agreement or contact can lead to subscription to the newsletter. The Client can always unsubscribe from this.

10.4. Client agrees to the use of (video) images made during the Bootcamp for commercial purposes (website, Facebook) and transfers the portrait right. (Video) images, also provided on DVD or digital, remain the property of The BootClub at all times.

10.5. For further information, the Company refers to the Privacy statement which can be consulted on the website

Article 11. Complaints

11.1 If a Client has a complaint, he must report the complaint to support@the-bootclub.com. Based on this, the Company will take up this complaint and resolve it as best as possible, whether or not after telephone contact. After handling the complaint, The Company will contact the Client  to determine whether the complaint has been resolved as desired. If the complaint is not resolved as desired, for health insured programs it is possible to submit external complaints.

11.2 Professionals of the Company who run health insured programs are affiliated with external complaints authorities. The Quality, Complaints and Disputes Care Act (Wkkgz) aims to be open to give and learn from complaints and undesirable events in healthcare. This can be done at the Healthcare Complaints Portal (https://klachtenportaalzorg.nl/)or under the Wkkgz scheme of the Dutch Association of Dietitians (https://www.nvdietist.nl/). Please contact The Company in advance to determine which organization to approach.

Article 12. Details of multi-day Bootcamp Programs

12.1. Nature of the Bootcamp Agreement: All agreements entered into by the Company explicitly exclude travel services, travel, package tours, or linked travel arrangements. The Company does not offer passenger transportation or vehicle rental.

12.2. The nature of the multi-day bootcamp program is intensive: long days with many activities. Clients are advised to report in advance to their GP for advice.

12.3. Personal health: Client declares that he is in sufficient physical and mental health and that he is not aware of any ground that gives reason to assume that the program cannot be completed. In the case of ongoing care programs, prior consultation and or advice from practitioners is desirable.

12.4. The Company expects the Client to be aware of and accept the risks associated with such an intensive program.

12.5. As part of the program, workshops on lifestyle change can be chosen. For the Bootcamps, workshops can only take place with 4 or more Clients per workshop. The consultations can only take place with 3 or more Clients for consultations.

12.6. The duration of the stay is as presented on the product page.

12.7. Group sizes of the Bootcamps range from 8 to 28 Clients.

12.8. Clients for several week Bootcamps, participate in the regular Bootcamp groups but stay longer.

12.9. Clients under the age of 18 require parental / caregiver permission. Written confirmation of this can be requested.

12.10. The Company ensures at least 1 instructor per group. There are more instructors for large groups.

12.11. The Company may provide parts of the program in the English language.

12.12. It is the responsibility of the Client to follow the instructions by e-mail.

12.13. Activities undertaken in free time are at the Clients own risk.

12.14. The program starts on the first day of the Bootcamp, also by agreement of a package.

12.15. The Company aims to complete the program as presented on the website, but The Company reserves the right to change parts of the program.

12.16. Photos and images on the website are for illustrative purposes and do not guarantee that the program will run exactly as illustrated. The Company reserves the right to change the location to a comparable location in the Netherlands.

12.17. Clients weighing> 125kg may be required to book a double room due to the available bed types.

12.18. Clients with morbid obesity can participate in the Bootcamp in consultation and are advised to contact their GP to compile an integrally responsible process. The Bootcamp may be part of an intensive lifestyle change process for someone with morbid obesity, but it is not complete. Among other things, psychological and medical support is lacking.

12.19. Upgrades to double or single rooms concern the number of people, not the type of bed. A single or double room can be a room with bunk beds.

12.20 Change and or (partial) cancellation Bootcamp, workshop, coaching or massages.

12.20.a. After the agreement has been concluded, the Client can request changes to it.

12.20.b. The Client will be charged a change and administration fee of € 25 per change.

12.20.c. The request will be decided as soon as possible.

12.20.d. Change request of participation dates up to 8 weeks before the start of participation, if this request is granted, can be made once per agreement for only change costs.

12.20.e. Reduction of the agreement or booking amount, or change of participation date after the term “8 weeks before the start” has expired is considered as a (partial) cancellation to which the cancellation costs apply.

12.20.f. Rejection of the changes desired by the Client will be motivated by The Company and notified to the Client without delay. The Client can maintain or cancel the original agreement. In the latter case, the cancellation costs apply

12.20.g. Cancellations: The Company incurs costs as a result of purchases.

12.20.h In case of cancellation, the Company applies the following cancellation conditions to the full book amount. In addition to reservation costs, the Client owes The Company the following cancellation costs:

– cancellation up to the 42nd day (exclusive) before the First Bootcamp day: 50% of the booking amount

– cancellation from the 42nd day (inclusive) to the 35th day (exclusive) before the first Bootcamp day: 60% of the booking amount;

– cancellation from the 35th day (inclusive) until the day of departure: 90% of the booking amount;

– cancellation on the first Bootcamp day or later: the full book amount.

12.20.i Cancellation must be confirmed in writing or by email on The Company’s postal or email address.

12.21 Insurance: The Company strongly recommends that Clients take out travel, liability and cancellation insurance in advance. The Company is not an insurer and unfortunately cannot cover costs due to unforeseen absence, injuries, illness, drop-out, family accidents, etc.

12.22 The Company has set up its business operations on flexibility. There is a need to recruit a minimum number of Clients per program. If, in an unlikely situation, insufficient Clients register, The Company reserves the right to cancel. The Client will be notified of this no later than seven days before the start of the first day of the Bootcamp. If canceled, participation in the program is offered at a different time.

Article 13: Details of the Lifestyle Change Bootcamp

13.1. The lifestyle change Bootcamp consists of several bootcamp parts. The components concern: 7 Weekend Boot Camps (1) and a multi-week bootcamp of 8, 10 or 14 days (2). These parts have been supplemented with workshops and coaching consultations.

13.2. All individual parts, workshops and coaching consultations together form one service: the Lifestyle Change Bootcamp (SLC). In exchange for a discount, the Client agrees to participate in an 8 or 24-month process. For this service, a single book amount applies, which can be found in the e-mail order and whereby the Client enters into a payment obligation in the amount of the book sum for a considerable package discount.

13.3. the conditions of Article “Article 12. Details of multi-day Bootcamp Programs” apply to this service.

13.4.a With regard to changes and or (partial) cancellations of bootcamp parts such as “weekend Bootcamps” and “8, 10 or 14 days Bootcamps”, the conditions from article 12.20 apply, which apply per part.

13.4b Participants get, when requested in accordance with article 12.20, a guaranteed agreed on change for one of the weekends that are part of the Lifestyle Change Bootcamp package.

13.5. With regard to changes and / or (partial) cancellations of workshops, massage and coaching consultations, the details of article 14.3 apply with the adjustment that the Client’s communication in this regard is ‘1 week / 5 working days’ instead of ’24 hours or 1 working day’. 

Article 14: Particularities “Coaching op Leefstijl”(CooL)

14.1. program and commitment: The 2-year program starts with 8 months of intensive coaching consisting of 8 workshops combined with 4 personal coaching consultations. The next 16 months again contain 8 workshops and 4 personal coaching consultations. The aim of the CooL program is stable weight loss and long-term lifestyle change based on a scientifically proven program, in a group setting. By participating in the program, the client commits to full participation in the program; intake, coach consultations and group sessions. The costs for these services are declared to the insurer. If there is a ‘no show’ and the insurer does not reimburse these costs, these costs must be paid by the client directly to The Company.

14.2. referral letter: In order for the Client’s health insurer to pay the costs, a correct referral letter is required. The Client must take the referral letter to the intake or send it in consultation to support@the-bootclub.com. If the referral letter is not in possession of The BootClub 1 month after the intake, The BootClub will invoice the costs of participation directly to the Client. There is then only a small chance that the insurer will reimburse the costs.

14.3. Changing and signing off: Individual coaching consultations can be moved two times per consultation, free of charge, provided that this is indicated at least 1 working day and no later than 24 hours before the start of the conversation, by the Client on the fixed telephone number or support@the-bootclub.com.

Group meetings cannot be rescheduled but can be made up at another time based on availability. Cancellations for appointments must be submitted to The Company no later than 24 hours and 1 working day before the appointment.

14.4. (partial) cancellation: the success of this program partly depends on the commitment and full participation of the Client within the context of a group. This is underlined at the intake. In addition, the program can only be carried out cost-effectively if Clients who start at the start also complete the process. The base is that partially (cancelling) is not possible. (Partial) cancellation is only possible in case of: changing medical circumstances on the direction of a referring doctor or when moving house. For all other cases, (partial) cancellation is only possible after approval by e-mail from The Company.

14.5. No show: If the Client does not show up at an intake / coaching consultation/ group meeting without deregistration, in this case, the relevant performance will be invoiced.

14.6. Changes: In exceptional cases, it may be necessary for practical, financial or other business reasons to merge or change groups, change location, change (lifestyle) coach or make other changes with the aim of successfully completing the program. The Company informs the Client in advance of any changes.

14.7. Costs and expenses: There are costs associated with the program. The costs for the program are determined annually by the Dutch Healthcare Authority and are based on 9 performances: an intake and 8 treatment phases of each quarter. With a correct referral, the costs are fully covered by the health insurance. By participating in the program, the Client also agrees to the costs associated with the program.

14.8. Declarations: Payment takes place in 3 ways.

14.8a. For Clients who are insured with an insurer with which The Company has an agreement, The Company submits the invoice directly to the health insurer without the intervention of the Client.

14.8b. For Clients in Amsterdam that do not fall under 14.8a, The Company submits the declaration via the Regional Organization of General Practitioners Amsterdam (ROHA), which represents the “Alliance”. Invoicing takes place without the intervention of the Client.

14.8.c. For Clients not covered under 14.8.a. or 14.8.b. The Company declares directly to Clients with a long payment term. Where applicable, the Client independently submits an invoice to the insurer and pays the invoice directly to The Company for a payment term of 30 days.

14.8.d. Minimum participation: To complete the program and receive reimbursement from the insurers, the minimum presence is established on 1 face-to-face contact moment with the practitioner of The Company per quarter. If the presence of the Client is lower, the Company has the right to declare the costs of the process directly to the Client.

14.9. Relationship with general practitioner: Cooperation with the referring general practitioner is essential for the success of this program. By participating, the Client approves the exchange of data between the Company and the referring doctor.

Article 15: Details of Personal Training and Small Group Training.

15.1. The Company offers Personal Training, Small Group Training and individual Bootcamp training.

15.2. The Company may provide (parts of) the program in the English language

15.3. The conditions mentioned under 14.3, 14.4 and 14.5 apply to these services

Article 16: Details of dietetics.

16.1. The Company offers dietetics in the form of individual consultations

16.2. The conditions mentioned under 14.3, 14.5, 14.6 and 14.7 apply to these services

Article 17. Final provisions

17.1. Dutch law applies to all sales concluded by The Company.

17.2. If one of the above provisions is invalid or illegal, the other provisions will continue to apply.