1. About Uitgedacht coaching and these terms
These terms and conditions apply to the coaching services provided by Uitgedacht coaching, based in The Hague and registered with the Dutch Chamber of Commerce under number 42151862.
In these terms and conditions:
Uitgedacht coaching means the sole proprietorship of Bastiaan Huisman, which provides the coaching services.
Coachee means the person receiving coaching.
Client means the person or organisation commissioning the coaching and entering into the Agreement.
Agreement means the arrangements between Uitgedacht coaching and the client for a coaching programme or individual coaching sessions.
The individual arrangements regarding the programme, sessions and fees are set out in the coaching Agreement or another written confirmation. Where this expressly differs from these terms and conditions, the individual Agreement takes precedence.
2. Formation of the Agreement
An Agreement is formed when the Client accepts an offer from Uitgedacht coaching, for example by agreeing to a coaching Agreement, quotation or written confirmation by email.
Before entering into the Agreement, the Client receives information about the programme, fees and these terms and conditions.
Any additional or different arrangements will be recorded in writing.
3. Coaching
Uitgedacht coaching provides coaching with due care and professionalism and makes every effort to support the Coachee as effectively as possible.
The issue the Coachee wishes to address is central to the coaching process. The content and approach may be adjusted during the programme to suit what is appropriate at the time.
Uitgedacht coaching has a duty to exercise reasonable care and skill, but cannot guarantee any particular outcome.
The Coachee remains responsible for their own choices and decisions arising from the coaching.
If it becomes apparent during the programme that coaching is no longer appropriate, we will discuss this together. Where necessary, Uitgedacht coaching may recommend seeking other or additional professional support.
4. Fees
The fee for individual coaching sessions or the price of a programme is agreed in advance and recorded in the coaching Agreement, quotation or written confirmation.
Prices for consumers include VAT unless expressly stated otherwise. Prices for business Clients are quoted excluding VAT.
Where additional services outside the original Agreement are agreed during the programme, any additional costs will be discussed and agreed in advance.
5. Invoicing and payment
The invoicing and payment arrangements are agreed in advance and recorded in the coaching Agreement, quotation or written confirmation.
Where a programme is paid for in full, the invoice is issued around the start of the programme. Where payment by instalments is agreed, the instalments are invoiced in accordance with the agreed payment schedule.
Unless otherwise agreed, invoices must be paid within 14 days of the invoice date.
If an invoice is not paid on time, the Client will first receive a payment reminder and an opportunity to pay. If payment is still not made, Uitgedacht coaching may take further steps in accordance with the law.
Uitgedacht coaching may temporarily suspend further coaching if an overdue invoice remains unpaid after a payment reminder.
6. Cancelling or rescheduling a coaching session
A session may be cancelled or rescheduled free of charge if notice is given at least 24 hours before the agreed start time.
If a session is cancelled or rescheduled with less than 24 hours’ notice, or if the Coachee fails to attend without notice, the full fee for the reserved session may be charged. For a coaching programme, that session will count as one of the sessions used.
Uitgedacht coaching may choose to make an exception in special circumstances.
If Uitgedacht coaching needs to reschedule a session, a new appointment will be arranged by mutual Agreement. No additional costs will be charged.
7. Early termination of a coaching programme
A coaching programme may be terminated early if the Client, the Coachee or Uitgedacht coaching considers that continuing is no longer appropriate or desirable.
If a programme terminates early, sessions already attended will be charged at the rate for an individual coaching session agreed at the start of the programme, up to the total agreed programme price. Any complimentary additional sessions or other programme benefits will lapse on early termination.
If the programme was paid for in advance, the remaining balance will be refunded after the final calculation. If payment by instalments was agreed, a final settlement will be prepared.
If Uitgedacht coaching terminates the programme because continuing is not appropriate or responsible, the same settlement method applies, unless the termination results from a breach of its contractual obligations attributable to Uitgedacht coaching.
This arrangement does not apply where a consumer exercises their statutory right of withdrawal. In that case, Article 8 applies. The consumer’s statutory rights remain unaffected.
8. Right of withdrawal for distance contracts
Where a consumer enters into the Agreement online, by email or by telephone, a statutory 14-day cooling-off period generally applies from the date the Agreement is concluded. During this period, the Client may withdraw from the Agreement without giving a reason.
The Client may exercise the right of withdrawal by notifying Uitgedacht coaching by email within the cooling-off period. The statutory model withdrawal form may also be used.
If the Client wishes coaching to begin during the cooling-off period, they must expressly request this in advance.
If the Client subsequently withdraws during the cooling-off period, a proportionate fee is payable for the coaching already provided, provided that the relevant statutory requirements have been met in advance.
Any advance payments, less any amount lawfully due, will be refunded within 14 days of receipt of the withdrawal notice.
9. Confidentiality
Uitgedacht coaching treats all information shared in confidence in the course of coaching with due care and confidentiality.
Information from coaching sessions will not be shared with third parties without the Coachee’s consent, unless disclosure is required by law.
Where the Client is not the Coachee, for example when an employer pays for the coaching, information about the content of the sessions will be shared with the Client only with the Coachee’s consent.
The Privacy Policy of Uitgedacht coaching also applies to the processing of personal data.
10. Privacy
Uitgedacht coaching processes personal data to the extent necessary for performing the Agreement, administration and other legitimate purposes.
Information about the Coachee’s physical or mental health may also be recorded during coaching. Separate explicit consent will be requested for this.
How Uitgedacht coaching handles personal data is described in its Privacy Policy, available at https://uitgedacht.eu/nl/privacy.
11. Intellectual property and materials
Workbooks, exercises, texts, images and other materials developed by Uitgedacht coaching remain the property of Uitgedacht coaching to the extent that intellectual property rights apply to them.
The Coachee may use these materials for their own personal use during and after the coaching programme.
Without prior permission from Uitgedacht coaching, these materials may not be distributed, published, sold or used for commercial or professional purposes.
Materials, models and tools belonging to third parties remain the property of their respective rights holders and are subject to the applicable terms.
12. Liability
Uitgedacht coaching provides its services with due care and professionalism.
The Coachee remains responsible for their own choices, decisions and actions during or as a result of coaching.
Uitgedacht coaching is liable for damage resulting from an attributable failure to perform the Agreement, insofar as liability cannot be excluded or limited by law.
Where the damage is covered by the professional indemnity or business liability insurance of Uitgedacht coaching, liability is limited to the amount paid out by the insurer in the relevant case, plus any applicable excess.
For damage not covered by insurance, the statutory rules on liability apply.
13. Force majeure
If circumstances beyond the reasonable control of Uitgedacht coaching temporarily prevent a session or service from taking place, the Coachee will be informed as soon as possible.
Where possible, a new appointment will be arranged or another suitable solution sought.
Such circumstances may include serious illness, a technical failure preventing online coaching, or other unforeseen circumstances.
14. Complaints
If the Coachee is dissatisfied with the coaching or our working relationship, we prefer to discuss this together first.
Uitgedacht coaching adheres to the International Code of Ethics and the NOBCO Complaints Regulations.
If we cannot resolve the matter together, the Coachee may use the NOBCO complaints procedure. The current procedure is available at www.nobco.nl.
15. Governing law
All Agreements between Uitgedacht coaching and the Client are governed by Dutch law.
The parties will seek to resolve any disputes amicably wherever possible.
If this is unsuccessful, the dispute may be referred to the court of competent jurisdiction under Dutch law.