Terms and Conditions
Last Modified: April 13, 2019
1. Acceptance of Terms
Welcome and thank you for your interest in Feel Good Moms! A fitness coaching service designed specifically for women preconception, during pregnancy and postnatal recovery process (the “Service/s”). The Service is owned and operated by Ms Miriam Kuster (hereinafter referred to as “the Company”, “Coach”, “We”, “Us” or “Our”), a business operating from The Hague, Netherlands.
The Company is the owner and operator of the Website located at www.feelgoodmoms.nl (the “Website” or “Site”). By registering an account on the Website or by otherwise using any Services provided by the Company, you agree to be bound by the following Terms and Conditions.
This Agreement is legally binding between you and the Company regarding your use of the Website and Service.
WE ARE UNABLE TO PROVIDE YOU WITH OUR SERVICE AND THIS WEBSITE WITHOUT CERTAIN LIMITATION OF OUR LIABILITY AND DISCLAIMERS AS SET OUT IN THIS AGREEMENT. PLEASE READ AND UNDERSTAND THIS AGREEMENT BEFORE ACCESSING THIS WEBSITE AND USING OUR SERVICE. IF YOU DISAGREE WITH ANY PROVISION OF THIS AGREEMENT, PLEASE REFRAIN FROM USING OUR SERVICE.
2. Additional Terms
Some Services provided by the Company may require you to agree to additional terms and conditions than those stated herein. By proceeding to use such Services, you expressly agree to abide by terms applicable to those Services.
3. Key Terms
Unless expressly stated otherwise any reference to the following terms shall hold the meaning as defined hereunder:
“Participant” – refers to a User who books a Session through the Website and participates in the fitness program delivered by the Coach.
“User” – refers to all registered Users as well as Website visitors. Any reference to User includes ‘You’, ‘Your’ or ‘Participant’.
“Session” – refers to the fitness coaching service rendered by the Coach through one of the agreed modes of delivery.
“Session Package” or “Package” – refers to multiple sessions booked by the Participant for a discounted rate.
“Session Start Time” – refers to the scheduled start time for a class or one-to-one coaching session.
“Session End Time” – refers to the scheduled end time for a class or one-to-one coaching session.
“Service” – refers to the fitness classes and one-to-one coaching sessions provided by the Coach.
“Service Fee” – refers to the fees paid by the Participant for Sessions when making a Booking.
Our Website and Services are only available to Users who are eighteen (18) years of age or older. By continuing to use the Website, you represent to the Coach that you have the requisite capacity to enter into this Agreement.
5. Session Bookings, Payments and Cancellations Policy
We currently offer online as well as in-person fitness programs designed specifically for preconception, during pregnancy and postnatal recovery process. All Services offered by the Company are listed on our Website and quoted in euro. The Company reserves the right to change its Service Fee at any time without giving any prior notice to its Users. Any changes in our Service Fee will only impact Sessions that are booked after the updated Service Fee are posted on our Website.
User Account Registration
Users are required to create an account (“User Account”) on our Website to book a session/session package. During account registration, User will be required to provide us with some personal information. User agrees to provide only correct and current information during account registration. User understands that we rely upon the accuracy of this information to create a user account and to contact the User as and when required.
By providing us with your phone number and email address during your account registration, you agree that we may, to the extent permitted by applicable law, use your mobile phone number for calls and text (SMS) messages, to communicate with you during the course of this Agreement. Standard call or message charges from your phone carrier may apply. You may opt-out of receiving text (SMS) messages from us by replying with the word “STOP” to a text message from us.
Session Bookings and Payments
Once you log into your User account, you can easily select a session or package and make a booking by proceeding to the checkout page. We currently only accept online payments through Visa or Mastercard. If you require an alternative payment method, please contact us to discuss potential alternatives, and we would do our best to assist you. We do not hold your credit card or billing information on our records and all financial information is collected and managed by the payment processor used by our Booking system.
It is solely your responsibility to review your booking before authorising any payments. All session purchases are deemed final, and we do not offer any refunds for any booked sessions/packages under any circumstances.
Upon receipt of your booking, you will receive a confirmation email from us. Your booking is deemed to be in the nature of an offer to purchase our Service. If your offer is accepted by us, you will receive Session Credits in your user account indicating the number of Sessions you have available. Session Credits must be used within six months from the date of issuance. Please note that if you do not use your Session Credits within six months of your booking confirmation, the Session Credits will expire and you will no longer be able to redeem them.
Please note that we do not have any legal or moral obligation to accept any bookings.
Mode of Delivery
● Group Classes
All group classes are delivered in person at our Studio located at Malakkastraat 152, 2585 SV at the scheduled time listed on our Website.
● One-to-One Coaching Session
One-to-one Coaching Sessions can be delivered in person or online depending on the option chosen by the Participant during their booking.
Online Sessions are delivered by the Coach through Skype at the time booked by the participant through our online booking system.
● Cancellations by Participant
To cancel an appointment without incurring a penalty, you must log into your account and cancel the booked session at least 24 hours before the scheduled session start time. All cancellations made less than 24 hours from the session start time will automatically deduct one Session Credit from your account.
Transferring your Session Package
If you purchased a Session Package and you would like to transfer all unused Sessions in your Session Package to another person, you may do so by contacting us at firstname.lastname@example.org with your request. Please note that we are unable to transfer individual sessions. This provision is only applicable for transfer of a session package to another person. You will be required to provide us with the personal information of the recipient of your package so please ensure that you have obtained the recipient’s consent prior to disclosing their personal information to us.
● Cancellations by Company
In the event we cancel a scheduled Session, we will reschedule the Session.
Notwithstanding the foregoing, the Company reserves the right to cancel a Session without rescheduling another session in the event a Participant is in breach of any provision of this Agreement.
6. Participant’s Health and Safety
The Coach is not offering any medical advice through the Services or attempting to replace your health care provider. We advise you to speak to your General Physician about any health-related questions or concerns that you may have before starting any fitness program. You should never disregard your doctor’s advice, no matter what you read on our website. In case of any medical emergencies, you should immediately seek help from a licensed healthcare professional.
Please note that we will request all new participants to complete our health screening questionnaire before using our Services and if required we will request the participant to obtain medical clearance from their doctor before starting any fitness program. You agree to provide us with all relevant health information to assist us in determining the suitability of our program for you. Your failure to disclose any pre-existing medical condition will be deemed to be a material breach of this Agreement and will release the Coach from all liability.
If you feel faint or experience any discomfort during a Session, you should immediately stop the exercise and inform your coach who will assist you in seeking medical assistance. You understand that you should exercise according to your current fitness level. You are the best judge of your current capacity.
The Coach reserves the right to refuse the Service to any participant if we believe that our Service is not suitable for your current health condition.
7. Assumption of Risk
There are sometimes unknown individual risks and circumstances that can arise during the use of Services that cannot be foreseen and that can influence or reduce results. The Coach is not responsible for a Participant’s actions before, during or after the use of any Service. You understand that any use of our Website or Service is at your sole risk and you absolve us of any liability, claim or loss of any nature whatsoever. You acknowledge that any comment, advice or suggestions during any Session are to be taken by you at your own risk without any liability on our part acknowledging that there is a rare chance of illness, injury or even death that could result.
8. No Guarantees
We are unable to offer any guarantees that you reach your fitness goals or attain any specific results from the use of our Service. You understand that our role is limited to supporting you in your fitness journey during preconception, pregnancy and post-natal recovery but your success depends on various factors including but not limited to your current fitness level, health condition, effort and motivation. You understand that each individual is unique and results vary from one person to another depending on multiple factors, and we are unable to foresee what specific results you will be able to achieve during the term of this Agreement.
We respect the privacy and confidentiality of our Participants and comply with all applicable data protection laws. For the purposes of this provision ‘Confidential Information’ includes sensitive health information. The Company will not use this confidential information for any other purposes than those authorised by the Participant which are expressly limited to delivering the Services to the User under this Agreement. Confidential Information does not refer to any information that is already known to the public or becomes generally known due to no fault on the part of the Company or any information that is subject to disclosure under court order or other lawful processes.
10. MEDICAL DISCLAIMER
YOU UNDERSTAND AND AGREE THAT ALL MATERIAL ON OUR WEBSITE INCLUDING ANY BLOG POSTS, ARTICLES, SERVICE DESCRIPTION AND OTHER SIMILAR CONTENT IS PROVIDED FOR YOUR GENERAL INFORMATION PURPOSES ONLY. THE WEBSITE AND SERVICES OFFERED BY THE COACH ARE NOT INTENDED TO DIAGNOSE, TREAT, PREVENT OR CURE ANY DISEASE OR MEDICAL CONDITION OR SUBSTITUTE MEDICAL ADVICE, TREATMENT OR DIAGNOSES FROM A LICENSED MEDICAL PROFESSIONAL. THE COACH DOES NOT OFFER ANY SECOND OPINIONS OR PROPOSES ALTERNATIVE TREATMENTS FROM THOSE SUGGESTED BY YOUR DOCTOR. YOU UNDERSTAND AND AGREE THAT THE COACH IS NOT PROVIDING YOU WITH ANY MEDICAL ADVICE OF ANY NATURE, AND YOU ARE SOLELY RESPONSIBLE FOR SEEKING MEDICAL ADVICE FOR ANY HEALTH QUESTIONS OR CONCERNS THAT YOU MAY HAVE. YOU UNDERSTAND THAT YOU SHOULD NOT DELAY SEEKING MEDICAL DIAGNOSES IF YOU ARE EXPERIENCING ANY HEALTH ISSUES. YOUR DECISION TO USE THE SERVICES IS AT YOUR SOLE RISK.
11. Our Intellectual Property
All content made available by the Company through the Website or otherwise shared with Participants during Sessions including without limitation, text, graphics, logos, trademarks, audio, video and the like (“Company Content”) are owned by and/or licensed to the Company and subject to trademark, copyright and other intellectual property laws and conventions. You understand that the Company, and its other licensors reserve copyright in their respective intellectual property. You are not authorised to copy, sell, transfer, license, sublicense, assign, reproduce, republish, disassemble, decompile, reverse engineer or distribute any Company Content without the express written consent of the Company. You further agree not to adapt, alter or create a derivative work from any Company Content without the prior written permission of the Company. Any unauthorised use of the Company Content may result in suspension or termination of your account and the Company reserves the right to take appropriate legal action to assert its intellectual property rights. We hereby grant you a limited, non-exclusive, non-transferable license to use the Company Content for your personal and non-commercial use only.
12. Copyright Disputes
We respect the intellectual property rights of others. If you believe that your copyrighted material or content is posted, uploaded or made accessible through our Service, please inform us at the email address listed below and provide us with the following information:
- Identification of the material or content that is claimed to be infringing your copyrighted works;
- Your contact information including your name, phone number, and email address;
- A statement by you setting out that you are either the owner of the copyrighted work or have been authorised by the owner to communicate with us regarding the copyright infringement;
- A statement by you that all information provided by you to us is accurate and complete.
13. Account Termination
Termination by User
You may terminate your User account at any time without incurring any liability by contacting us at email@example.com with the words ‘account termination’ in the subject line. Please take note that all your data including any Credits in your account will be permanently removed upon deletion of your account. You will not be able to reactivate your account at a later stage after you have deleted it however you will be able to create a new account.
Termination by Company
The Company reserves the right to terminate this Agreement and your access to the Website at any time without giving any notice to you and without incurring any liability if we find that:
- You have violated the terms of this Agreement;
- You have violated any applicable laws;
- Your conduct is harmful to the Company or any of its Users; or
- We cease our business operations for any reason.
If you have been previously banned from using the Service or your account has been restricted or terminated by the Company, you understand that you are strictly forbidden from:
- Creating a new account with different sign-up information;
- Try to acquire access to another User’s account;
- Try to gain access to the Service through any other unauthorised mechanism.
The Company reserves the right to add new features to the Website, amend any provision of this Agreement as well as the right to discontinue the Service in our sole discretion. Any changes in Website features will become effective from the date of implementation. When we make any amendments to this Agreement, we will amend the last updated date on the top of this Agreement which will qualify as notice to our Users. If we make any amendments to this Agreement that materially impact your rights and obligations, we will notify you of such changes by sending you a policy update email before such amended agreement becomes effective. It is solely your responsibility to review these Terms and only use the Service if you agree with all the provisions of this Agreement.
15. Disclaimer of Warranties and Liabilities
The Website and Service are provided to you on an “AS-IS” and “AS AVAILABLE” basis and the Company expressly disclaims all warranties of any kind, expressed or implied, including, without limitation, warranties of merchantability, fitness for a particular purpose, non-infringement and satisfactory quality. The Company disclaims all warranties that the Website will be uninterrupted, error-free or secure; that any defects will be corrected; or any specific results from the use of the Website.
The Company assumes no liability for:
- errors, omissions, or inaccuracies in any Content on the Website;
- any unauthorised access to or use of our Website;
- any loss or damage of any kind incurred as a result of your use of the Website, whether based on contract, tort, or any other legal theory.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW THE COMPANY WILL NOT BE HELD LIABLE FOR ANY PHYSICAL INJURIES, DEATH, LOSS OR DAMAGE SUFFERED BY ANY USER AS A RESULT OF THE USE OR INABILITY TO USE THE SERVICES OFFERED BY THE COMPANY. THE COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGES, ARISING FROM OR ASSOCIATED WITH YOUR USE OF THE SERVICES. IF YOU ARE DISSATISFIED WITH THE SERVICE OR ANY PROVISION OF THIS AGREEMENT, YOUR SOLE REMEDY IS TO CEASE THE USE OF THE SERVICE. IF APPLICABLE LAW DOES NOT ALLOW LIMITATION OF INCIDENTAL AND CONSEQUENTIAL DAMAGES, THE COMPANY’S TOTAL LIABILITY ARISING OUT OF OR LINKED TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO THE COMPANY IN THE TWELVE MONTHS PRECEDING THE DATE WHEN THE CLAIM FIRST AROSE. IF YOU DID NOT MAKE ANY PAYMENTS, THEN THE COMPANY’S LIABILITY IS LIMITED TO ONE HUNDRED EUROS.
You agree to release, defend, indemnify, and hold harmless the Company, its founders, affiliates, subsidiaries, shareholders and employees against any claims, liabilities, charges, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with:
(i) the violation of these Terms by you;
(ii) Your gross negligence or willful misconduct; or
(iii) the infringement by you, or any third party using your account, of any third-party’s rights.
17. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the Laws of the Netherlands. The Company and the User hereby irrevocably submit to the exclusive jurisdiction of the courts of The Hague to settle any disputes arising out of or linked with this Agreement.
18. Force Majeure
Neither the Company nor the User will be held liable for any failure to perform any of its obligations towards the other if such failure is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disasters), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labor dispute, strike, lockout or any interruption or any failure of electricity or server, system, computer, internet or telephone service.