General Terms and Conditions Honoré Daniël
Article 1. Definitions
- Facilitator: Honoré Daniël or René de Klerk – hereinafter referred to as 'facilitator'
- Client: the counterparty of the facilitator
- Service: Various consultations and training courses
- Agreement: the appointment for a session, treatments, participation in a live or online training or purchase of a physical or digital product
Article 2. Applicability
- All agreements between the facilitator on the one hand and the client on the other hand are exclusively subject to these General Terms and Conditions, to the express exclusion of other General Terms and Conditions.
- Acceptance of a (price) agreement or the conclusion and/or continuation of an agreement in any other way means that the client has accepted the application of the General Terms and Conditions and waives the applicability of any general terms and conditions of the client.
- Deviations from these General Terms and Conditions will only be effective if confirmed in writing by the facilitator. In this case, the remaining provisions will remain in full force.
Article 3. Establishment and amendment of the agreement
- An agreement between the facilitator and the client is concluded by written acceptance of the (price) agreement by the client or verbal confirmation thereof.
- If an acceptance of a quotation contains reservations and/or changes on the part of the client, the agreement will only be concluded after the facilitator has agreed in writing to these reservations and/or changes.
- Changes or additions to the agreement will only be made after both parties have confirmed them verbally or in writing.
Article 4. Duration of agreement and termination
- Unless otherwise stated in the agreement, it is entered into for the duration of one treatment. After a treatment, the agreement can be extended in consultation between both parties.
- Either party shall, without prejudice to the right to compensation for costs, damages and interest, be entitled to terminate the agreement without judicial intervention with immediate effect by registered letter if:
– The other party has failed to fulfil one or more of its obligations and has failed to fulfil its obligations within a period set for fulfilment by registered letter, unless the shortcoming(s) is(are) of such a nature or minor significance that it does not reasonably justify termination.
– If the counterparty files for bankruptcy or is granted a suspension of payments, or if measures are taken that indicate termination or cessation of the business.
Article 5. Cancellation and reimbursement of investment
- Cancellation of an appointment or training must be made no later than 48 hours before the agreed time.
- The following cancellation conditions apply to cancellation of treatments or training:
In case of cancellation up to 48 hours before the start of a treatment or training, the client is not liable for any costs. In case of cancellation within 48 hours before the start of a treatment, the client is liable for 100% of the amount for the treatment, unless a new appointment is made immediately upon cancellation. If the new appointment is cancelled again, the client is still liable for 100% of the amount for the treatment, regardless of the time of cancellation.
If the client does not show up for an appointment for a treatment or training without prior notice, the client is liable for 100% of the amount for the treatment.
The facilitator is reasonably entitled to change an already scheduled appointment with regard to the date and time. The facilitator will inform the client of this to the best of his ability no later than 48 hours before the agreed time. The client has the right at all times to cancel the appointment in the event of a change by the facilitator without the client owing any costs to the facilitator. - In case of cancellation of participation, by the Client himself, for a training or session already paid in advance (live or online) and the request for a refund of the amount, €25,- incl. administration costs will be charged to provide for the refund of the amount and a credit invoice, etc. This will be deducted from the refund and will be stated on the invoice.
Article 6. Confidentiality and right of inspection
- The facilitator will treat all information concerning the client that he/she obtains in the performance of his/her services as confidential and will not disclose this information to third parties, except to the extent that the facilitator is legally obliged to do so or has obtained written permission from the client to do so.
- The facilitator will impose a duty of confidentiality, as described in section 6.1, on its employees and any third parties engaged.
Article 7. Rates
- The rates for treatments are based on the most recent rate list and/or are stated when the agreement is concluded.
Article 8. Payment and invoicing
- A treatment must be paid for in advance via the webshop. A receipt can be provided at the request of the client.
- In the event that a treatment is cancelled and costs are due for this, as indicated in Article 5, the client will receive an invoice for this from the facilitator.
- Unless otherwise agreed orally or in writing, the client must pay the invoice to the facilitator within 14 days of the invoice date without any right of offset.
- We do everything we can to make the payment and settlement process as easy and versatile as possible. If the client cannot pay via the given possibilities of a service (e.g. a live/online training, call or session) and requests another payment method that is not offered with the service in question, €25,- incl. administration costs will be charged.
Article 9. Liability
- When the facilitator carries out the treatment, he or she is subject to an obligation to make an effort.
- The facilitator does not provide any medical guarantee nor is she in any way liable for medical, psychological, mental and physiological complications that occur during or after the execution of his treatment(s) with the client, or after the sale of products to the client, which are not attributable to a serious attributable shortcoming of the facilitator. The facilitator is in no way liable for consequential damage.
- The facilitator is not liable to the extent that damage results from the fact that the client has not properly followed oral or written advice given by the facilitator.
- The facilitator's liability for damage resulting from the services provided by him/her is limited to a maximum of the costs of a treatment.
- In all cases, any liability of the facilitator is limited to the amount charged to the client.
- The client is obliged to take all measures necessary to limit the damage for which he/she wishes to hold the facilitator liable.
Article 10. Applicable law and disputes
- Dutch law applies to the services provided by the facilitator.
- In disputes arising from or related to the services provided by the facilitator that fall within the jurisdiction of the court, the District Court of The Hague has exclusive jurisdiction.
Article 11. Response by email or telephone
- The facilitator and his team will respond to any email, voicemail or other means of contact sent by the client within 72 hours to the best of their ability.
- The facilitator does not guarantee an immediate response to a message from the client, by any means of communication.
Article 12. Audio Recordings of Classes, Trainings and 1 on 1 Sessions
- Live Classes, trainings and group events. These audio recordings will be made available for 3 months via the online app BOX. After that, they will no longer be available. It is the responsibility of the participant to save the audio recordings and other supplied documents on their own equipment within the time frame of 3 months. After that, these audio recordings and files will be removed from the file system and therefore no longer provided.
- Live 1 on 1 sessions – online and in person are always recorded unless this is desired. These audio recordings are made available for 3 months via the online app BOX. After that they will no longer be available. It is the responsibility of the participant to save the audio recordings and other provided documents on their own equipment within the time frame of 3 months. After that these audio recordings and files are deleted from the file system and therefore no longer provided.
Article 13. Rights of use of images, audio and material
- A participant is not allowed to make video or audio recordings longer than 5 minutes during live events. It is also not allowed to broadcast images longer than 5 minutes live via social media or other distribution channels, unless Honoré Daniël has given prior written permission for this.
- If the organization notices that these rules are violated, this may result in you no longer being allowed to participate in the event.
- A participant of an event, class or online program is not permitted to use, edit or otherwise use or publish or pass on to others workbooks, PDF sheets, images, pictures or the content information that is offered to the participant for the benefit of the event for commercial purposes, unless Honoré Daniël has given prior written permission to do so. Violation of this will have legal consequences.
- It is allowed to take pictures of images and publish them via personal social media (without commercial purposes). It is also allowed to take pictures during the event, which can be shared via personal social media.
- Image, portrait and audio rights – Honoré Daniël, his team and organization employees can make recordings (photos, videos and audio) during events and online programs. It is possible that a participant is recognizable or can be seen or heard on these images or audio. Honoré Daniël has the right to use these images and audio, for example for marketing purposes, websites and social media. By participating in a live or online event,
Article 14. Declaration
- Facilitator explicitly declares that he/she is not a doctor or medical specialist. Research shows that working with the facilitator can have a major impact on the physiological and mental functioning of each individual. Therefore, the facilitator recommends that anyone taking medication for any physical or mental complaint, contact their GP or treating physician or specialist before starting such an engagement with the facilitator, and to monitor their medication use during the engagement with the facilitator. An adjustment in medication may be necessary over time, as these processes can enable the person and their body to heal on their own. The client is responsible for their own choices and actions regarding their physical and psychological well-being and for creating their own life and future.
Maastricht, December 22, 2024
Honoré Daniël - René de Klerk