GENERAL TERMS AND CONDITIONS OF YOURBODY.PRO B.V.

Name of entrepreneur: YourBody.Pro B.V. 

Business address: Noordhoven 17, 6042 NW in Roermond (the Netherlands) 

Telephone number: +31 (0)475 20 20 12

Website: http://yourbody.pro

E-mail address: info@fysiekatelier.nl

Chamber of Commerce number: 80920322

Article 1 – commonly used definitions

• YourBody.Pro: the umbrella organization responsible for providing the services. 

• Fysiek Atelier: an additional trade name of YourBody.Pro under which the services can be provided. Therefore, where in these general conditions YourBody.Pro is referred to, Fysiek Atelier should also be understood.

• Services/services: the provision of advice and guidance in the field of sports, fitness, health and nutrition in the broadest sense of the word. These services are provided through Personal Training or through the use of an App. 

• Customer: the consumer or legal entity who purchases services from YourBody.Pro. 

• Consumer: the person acting in the capacity of natural person (natuurlijk persoon).

• Personal Training: the provision of services through personal coaching by YourBody.Pro to the Customer for a specific duration or period. 

• App: the provision of the services through the use of a mobile application available on mobile devices. 

• In-app purchase: in the App it is possible to purchase additional content through in-app purchases. This is subject to additional costs.  

Article 2 – general

1. YourBody.Pro offers services in the field of sports, fitness and health. This may include the provision of advice, instructions and/or information in the field of nutrition, advice and/or guidance for strength training and cardio training in the broadest sense of the word. These services are offered via Personal Training by YourBody.Pro and/or via an App made available by YourBody.Pro. 

2. These services and products are partly offered under the Fysiek Atelier brand. The services may be offered in a group or on an individual level. 

3. The Customer of YourBody.Pro’s services does so at their own responsibility and risk. YourBody.Pro is not medically trained and has no knowledge of the Customer’s state of health. If desired, the Customer should seek medical advice before using YourBody.Pro’s services. YourBody.Pro’s advice never serves to replace professional medical advice. 

Article 3 – Applicability 

1. These general terms and conditions apply to all offers, quotations, agreements and other legal relationships between YourBody.Pro on the one hand and the Customer on the other. 

2. Before the agreement is concluded, the text of these general terms and conditions shall be made available to the Customer.

If this is not reasonably possible, YourBody.Pro will – before the (distance) contract is concluded – indicate how the general conditions can be inspected at YourBody.Pro and that they will be sent free of charge as soon as possible at the Customer’s request.

3. If the distance contract is concluded electronically, contrary to the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions shall be made available to the Customer electronically in such a way that it can be stored by the Customer in a simple manner on a durable data carrier. If this is not reasonably possible, prior to the conclusion of the distance agreement, it will be indicated where the general terms and conditions can be inspected electronically and that they will be sent electronically or otherwise free of charge at the Customer’s request.

Services via the App

4. By using the App, the Customer agrees to the applicability and content of these general terms and conditions. 

Services via Personal Training

5. The order confirmation as well as any future orders are subject to these general terms and conditions. At the conclusion of the agreement between YourBody.Pro and the Customer within the framework of Personal Training, the Customer agrees to the applicability and content of these general terms and conditions. The consent may also be evident from other acts, including (but not limited to) the commencement by YourBody.Pro of its services. 

Article 4 – offers 

1. Offers and agreements may relate to an individual order or a subscription. 

2. Unless expressly agreed otherwise in writing, all offers by YourBody.Pro, in any form whatsoever, are entirely without obligation (a non-binding offer). An offer is valid for the period explicitly stated in that offer. If no validity period is included in that offer, this period is deemed to be a maximum of 30 days from the date of the offer.

3. All details provided with an offer, such as images and descriptions, are for information purposes only and are given as accurately as possible. Obvious mistakes or obvious (clerical) errors in the offer do not bind YourBody.Pro.

4. Each offer contains such information that it is clear to the Customer what rights and obligations are attached to acceptance of the offer.

5. YourBody.Pro has the right to refuse an agreement or order. 

Article 5 – establishment of agreement

1. Except as stated below, a contract is only established after the Customer has accepted the offer from YourBody.Pro in writing, or YourBody.Pro has started carrying out the order. Written is also understood to mean by email. There is also an agreement when circumstances are present, which clearly show an offer and acceptance of that offer, such as the downloading of the App and/or the conclusion of a subscription.

2. If the Customer has accepted the offer electronically, YourBody.Pro shall immediately confirm the order electronically.

3. If the agreement is concluded electronically, YourBody.Pro takes appropriate technical and organisational measures to protect the electronic transfer of data and ensures a secure web environment. If the Customer can pay electronically, YourBody.Pro will observe appropriate security measures.

4. YourBody.Pro will, at the latest upon delivery of the service or digital content to the Customer (acting in the capacity of consumer), send the following information, in writing or in such a way that it can be stored by the Customer in an accessible manner on a durable data carrier:

• the visiting address of the branch of YourBody.Pro where the Customer can address complaints;

• these conditions regarding the manner in which the Customer may exercise the right of withdrawal (herroepingsrecht), or the section regarding the clear exclusion of the right of withdrawal;

• the price including all taxes of the product, service or digital content; where applicable, the costs of delivery; and the method of payment, delivery or performance of the distance contract;

• the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration;

• if the Customer has a right of withdrawal, the model form for withdrawal.

Article 6 – method of service provision

1. YourBody.Pro offers its services in two different ways. On the one hand, it offers its services via Personal Training for individuals or groups on location. This can be on the basis of an individual order or on the basis of a subscription. On the other hand, it offers its services through an App based on a subscription structure. 

Services via the App

General

1. The services via the App give the Customer, after taking out a subscription, access to digital information, instructions, nutritional advice, recipes et cetera and a community with like-minded people. The App can also be used to purchase a specific (fitness) programme. These are separate in-app purchases. The content in the App is only accessible to the Customer if he has a subscription, or if the Customer participates in a Personal Training programme as referred to in article 6 section 3.5. 

2. By downloading and/or using the App, the Customer confirms that he is at least 18 years old and has the legal capacity to agree to these general terms and conditions.

The subscription

3. The use of the App requires the conclusion of a subscription, which involves costs. This subscription can be entered into for the duration of at least one month or for one year, at the applicable rate. For each subscription, one account will be created within the App, to which the Customer will have access.

 

4. Upon expiry, a subscription will be renewed for the same period (being one month or one year respectively), unless timely written notice of termination has been given. The subscription cannot be terminated prematurely. Notice of termination must in principle be given in writing with due observance of a notice period of one calendar month. Notice of termination must be given via the App itself or by sending an e-mail to info@fysiekatelier.nl.

5. In principle, the costs of the subscription are paid in advance. YourBody.Pro makes various payment methods available for this purpose (including but not limited to iDeal, PayPal, Apple Pay, Credit Card). 

6. The price of the subscription will be specified in the ordering process. When concluding a subscription, the Customer must provide some details, including name, address details and payment options. If it appears that no payment has followed, the subscription will be terminated with immediate effect, or access to the App will be suspended until payment has followed. 

7. The Customer can opt for in-app purchases within the subscription. Additional costs are associated with in-app purchases. 

8. YourBody.Pro has at all times the authority to limit the number of subscriptions/accounts, impose additional requirements on the provision of certain content and/or information, YourBody.Pro also has the authority to refuse a subscription.

9. YourBody.Pro is at all times entitled to unilaterally change the applicable subscription rates. The Customer acting in the capacity of consumer shall be informed of these price changes in a timely manner. Article 20 section 1 applies here accordingly.

Use of the App 

10. The Customer is at all times responsible for adequately securing his (account) data when using the App as well as for his use of the App. The Customer is expressly advised not to share his account data with third parties. If unauthorised third parties gain access to the account or other security breaches are observed on the account, the Customer must notify YourBody.Pro of this in writing without delay.

11. YourBody.Pro is unilaterally entitled to change the content of the App, or suspend the use of the App or terminate the subscription with the Customer at any time as well as for any reason whatsoever, without owing any compensation (for the remaining duration of the subscription) to the Customer. 

12. The Customer is strictly prohibited from:

• undertake unlawful activities, or otherwise act contrary to the law, the agreement between YourBody.Pro and the Customer or these general terms and conditions; 

• make any unauthorised use of the App, which includes any activity that hinders or negatively interferes with other users of the App, or burdens the App which could result in technical malfunctions, defects, breakdowns, delays, defaults, or security breaches. Unauthorised use also means any act that damages the security and integrity of the App or undermines the networks on which the App is hosted; 

• reproduce, disclose, copy, mutilate or otherwise alter the content and information as made available to the Customer via the App without written permission from YourBody.Pro; 

• to provide incorrect information to YourBody.Pro; 

• to make the content and information as made available to the Customer via the App available to third parties who do not have a subscription.

13. The Customer is aware that the use of the App also involves costs associated with the use of internet, namely costs due to data usage. 

Community

14. Through the App, the Customer can participate in a community, which means that he/she can contact other users of the App. This community is intended to inform and inspire each other, gain knowledge and promote contact between users. 

15. The use of the community is subject to a number of ground rules. The Customer must:

• behave respectfully and politely towards third parties within the community;

• refrain from coarse language, bullying or intimidation, or other actions that third parties may find offensive; 

• refrain from posting spam messages, commercial advertising or self-promotion; 

• refrain from unsubstantiated discussions that do not contribute to the purpose and scope of the App, namely contributing to finding/maintaining/promoting a healthy lifestyle; 

• refrain from posting illegal or offensive information; 

• refrain from posting content that encourages anorexia/suicide/or other forms of self-harm; 

• refrain from posting links to other (non-secure) websites; 

• share (privacy-sensitive) information on the community at its own discretion and with the necessary caution and discretion. The Customer is aware that all information posted by him/her is accessible to everyone. YourBody.Pro advises the Customer not to share personal information within the community, which can be misused by third parties. 

16. YourBody.Pro reserves at all times the right to monitor and moderate the content on the community forums, and to take appropriate measures at its discretion. However, YourBody.Pro cannot be held liable for content posted by third parties within the community.

17. If and to the extent these ground rules are violated by the Customer, YourBody.Pro is permitted to (partially) suspend the use of the App or terminate the subscription with immediate effect and deny the Customer access to the App, without being obliged to pay any compensation to the Customer. 

18. The Customer shall report content within the community that violates these ground rules in the App, using the functionality intended for that purpose. 

19. The Customer has the possibility within the App to send and receive private messages from third parties. This functionality can be enabled or disabled by the Customer at its own discretion. The ground rules within the community as described in Article 6 section 2.14 to 2.18 apply mutatis mutandis to the use of private messages.

 

Availability of the App

20. YourBody.Pro makes every effort to make and keep the App available for the Customer. The circumstance may arise that the App is (temporarily) unavailable due to maintenance, breakdowns, network problems or other circumstances beyond the scope and control of YourBody.Pro. YourBody.Pro will make adequate efforts to limit the downtime (read: the period during which the App cannot be used temporarily) as much as possible. 

Services via Personal Training 

1. Services through Personal Training are tailored to the specific Customer, or to the specific group taking this service. This service requires either a subscription (with a minimum duration of three months) or a separate order/agreement. For both types of service, the Customer will be provided with an (order) confirmation. 

2. In the case of a subscription, it will be automatically renewed for the same term after expiry, unless the Customer has timely terminated the agreement in writing with due observance of a notice period of one calendar month. Notice of termination must be given by email, to the email address info@fysiekatelier.nl . The agreement cannot be terminated prematurely.

3. If the content of the order confirmation contains discrepancies compared to the content of the general terms and conditions, the provisions of the agreement shall prevail. 

4. YourBody.Pro determines how the service through Personal Training is designed as well as at which location and/or date and/or time. The Customer must comply with all instructions as given by YourBody.Pro when providing these services.

5. If the Customer purchases a Personal Training programme, this includes access to the App. The subscription costs for the App are already included in the costs for Personal Training. The provisions of Article 6 sections 2.1 to 2.20 apply accordingly.

6. If the Customer is unable to participate in Personal Training activities, the Customer is obliged to inform YourBody.Pro in writing (including by email) at least 24 hours before the start of the service. Activities not cancelled at least 24 hours in advance will be charged in full to the Customer. 

7. Personal Training may also oversee the provision of advice on nutrition and supplements. In consultation and at the express request of the Customer, supplements or other foods may be ordered via YourBody.Pro (hereinafter referred to as ‘the Products’). The provisions of articles 8 to 10 apply to these accordingly.

Article 7 – termination of the agreement

1. If the Customer does not, not properly or not timely comply with any obligation which results from this or any other contract entered into with YourBody.Pro, YourBody.Pro has the right to suspend the execution of the contract immediately and without further notice, or to terminate the contract in whole or in part without YourBody.Pro being liable for any compensation, without prejudice to YourBody.Pro’s other rights.

2. YourBody.Pro is entitled to terminate the agreement(s) with the Customer immediately and without judicial intervention and without (further) notice being required in the following cases:

• If the Customer’s bankruptcy has been applied for or declared;

• If the Customer or the trainer/coach of YourBody.Pro fall ill for a long period of time or die;

• If there are other signs that the Customer will not meet his/her contractual obligations; 

• If all or part of the Customer’s assets are seized.

3. The Customer is obliged to inform YourBody.Pro immediately of the circumstances mentioned in section 2 of this article. YourBody.Pro shall never be liable for the damage and/or consequences resulting from or related to the dissolution.

4. In the event the contract is terminated, all amounts owed by the Customer to YourBody.Pro shall be immediately due and payable in full, without prejudice to YourBody.Pro’s right to full compensation and other rights to which it is entitled.

Article 8 – right of withdrawal

1. Articles 8 to 10 apply exclusively to the Customer acting in the capacity of consumer (in the Netherlands).

Right of withdrawal for Products 

2. The Customer who purchases Products via YourBody.Pro in the sense of article 6 section 3.7 is not entitled to the right of withdrawal. There is an exception within the meaning of article 6:230p of the Dutch Civil Code. After all, the order regarding the Products has been specifically composed and focused on the needs of the Customer (Article 6:230p sub f under 1 of the Dutch Civil Code),  or it concerns Products with a limited shelf life (Article 6:20p sub f under 2 of the Dutch Civil Code), or it concerns Products which – for reasons of health protection and hygiene – cannot be returned as soon as the seal has been broken after delivery (Article 6:230p sub f under 3 of the Dutch Civil Code). 

3. If, for whatever reason and irrespective of what has been agreed in the preceding paragraph, the Customer still has a right of withdrawal, the following applies. The Customer may then terminate the agreement for a period of 14 days without giving reasons. YourBody.Pro may ask the Customer for the reason for withdrawal but may not oblige the Customer to provide his reason(s).

4. The withdrawal period referred to in section 3 of this article starts the day after the Customer, or a third party designated in advance by the Customer, who is not the carrier, received the product, or: 

• if the Customer has ordered several products in the same order: the day on which the Customer, or a third party designated by him, has received the last product. YourBody.Pro may, when she has clearly informed the Customer of this prior to the ordering process, refuse an order of multiple products with different delivery times;

• if the delivery of a product consists of several shipments or parts: the day on which the Customer, or a third party designated by him, received the last shipment or part;

• in case of agreements for regular delivery of products during a certain period: the day on which the Customer, or a third party designated by him, has received the first product.

5. During the reflection period (bedenktijd), the Customer will handle the product and its packaging with care. He will only unpack or use the product to the extent necessary to establish the nature, characteristics and operation of the product. The basic principle here is that the Customer may only handle and inspect the product as he would be allowed to do in a shop.

6. The Customer shall only be liable for depreciation of the product resulting from handling the product in a manner that goes beyond what is permitted.

7. The Customer is not liable for depreciation of the product if YourBody.Pro did not provide him with all legally required information on the right of withdrawal before or at the conclusion of the agreement.

Right of withdrawal for services and digital content not delivered on a material carrier

8. By purchasing the services via the App or through Personal Training, the Customer expressly agrees that no right of withdrawal applies within the meaning of Article 6:230o of the Dutch Civil Code. The Customer explicitly waives Costumer based on Article 6:230o of the Dutch Civil Code. 

9. If and insofar as the Customer does not wish to waive his or her right of withdrawal, the parties agree as follows.  The Customer may terminate a service agreement and an agreement for delivery of digital content not delivered on a material carrier for 14 without giving reasons. YourBody.Pro may ask the Customer about the reason for withdrawal but may not oblige the Customer to state his reason(s). YourBody.Pro informs the Customer that the services will only be made available after the aforementioned fourteen-day period, unless otherwise agreed. The aforementioned reflection period starts on the day following the conclusion of the agreement.

Article 9 – exercising the right of withdrawal  

1. If the Customer exercises his right of withdrawal, he shall notify YourBody.Pro within the withdrawal period by means of the model withdrawal form or in another unambiguous manner. This model form is provided to the Customer upon delivery. This form is also posted on YourBody.Pro’s website.

2. As soon as possible, but within 14 days from the day following the notification referred to in section 1, the Customer returns the product, or hands it over to (an authorised representative of) YourBody.Pro. This is not necessary if YourBody.Pro has offered to collect the product itself. The Customer has in any case respected the return period if he returns the product before the reflection period has expired.

3. The Customer returns the product with all delivered accessories, if reasonably possible in the original condition and packaging, and in accordance with the reasonable and clear instructions provided by YourBody.Pro.

4. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the Customer.

5. The Customer shall bear the direct costs of returning the product. If YourBody.Pro has not reported that the Customer has to bear these costs or if YourBody.Pro indicates to bear the costs itself, the Customer does not have to bear the costs for return shipment.

 

6. If the Customer revokes after having first expressly requested that the provision of the service commence during the withdrawal period, the Customer shall owe YourBody.Pro an amount proportionate to that part of the commitment fulfilled by YourBody.Pro at the time of revocation, compared to the full fulfilment of the commitment.

Article 10 – YourBody.Pro obligations in the event of withdrawal

1. If YourBody.Pro makes it possible for the Customer to notify the withdrawal electronically, it will immediately send a confirmation of receipt after receiving this notification.

2. YourBody.Pro refunds all payments made by the Customer, including any delivery costs charged by YourBody.Pro for the returned product, without delay but within 14 days following the day on which the Customer reports the withdrawal to it. Unless YourBody.Pro offers to collect the product itself, it may wait with repayment until it has received the product or until the Customer proves that he has returned the product, whichever is earlier.

3. YourBody.Pro shall use the same means of payment used by the Customer for repayment, unless the Customer agrees to a different method. The refund is free of charge for the Customer. 

4. If the Customer has chosen a more expensive method of delivery than the cheapest standard delivery, YourBody.Pro does not have to refund the additional costs for the more expensive method.

Article 11 – general obligations of the Customer

1. The Customer is obliged to provide YourBody.Pro in a timely manner with all the information and data necessary for the execution of the services. The Customer is responsible for the accuracy and completeness of this information and data.

2. If the Customer fails to provide YourBody.Pro with the information referred to in section 1 (on time), YourBody.Pro is entitled to suspend its obligations under the agreement until the information is provided. The Customer indemnifies YourBody.Pro against any claims (from third parties) in connection with the (incorrect/incomplete/non-timely) provision of information and data referred to in section 1. 

3. If the assignment is carried out at the Customer’s location, the Customer shall ensure access to the site, building and location on or in which the work is to be carried out. The Customer shall ensure clean, safe and healthy conditions. 

4. If the Customer is an employer or an organisation that concludes an assignment for the benefit of employees, members, participants, etc., the Customer shall ensure that the actual users of the services must check whether they run any health risks and, if necessary, seek prior medical advice. If the Customer uses the services himself, the Customer must, if necessary, obtain medical advice prior to using the services. 

Article 12 – prices 

1. Unless explicitly agreed otherwise in writing, price quotes are based on the (cost) prices and rates used by YourBody.Pro at the time of the offer or conclusion of the agreement, including VAT and other taxes, levies and government charges. YourBody.Pro is entitled to implement price changes as a result of changes in VAT rates.

2. Price increases and/or costs resulting from additions, changes and/or repeat orders requested by the Customer shall be borne by the Customer. 

3. Transport costs, including shipping and administration costs, shall be borne by the Customer. 

Article 13 – payment 

1. In principle, payment should be made within 14 days of the invoice date, unless explicitly agreed otherwise (in writing). Services will only be provided after the invoice has been paid in full.

2. Payments made by the Customer shall always first be applied to settle all interest and costs due and subsequently to reduce due and payable invoices that have been outstanding the longest, even if the Customer states that the payment relates to another invoice.

3. In case of late payment within the stipulated period, the Customer shall – after notice of default – owe the statutory interest, whereby a part of the month shall be counted as a full month, on the outstanding invoice amount. Furthermore, in case of non-payment or late payment, the Customer will owe extrajudicial costs, calculated in accordance with the Staffel Extrajudicial Collection Costs (BIK). 

4. The Customer agrees that invoices may be made available by email. 

5. Any reliance by the Customer on suspension and/or set-off is expressly excluded by these general terms and conditions.

Article 14 – delivery 

1. The delivery terms and/or delivery deadlines stated by YourBody.Pro always apply as targets and never as deadlines, unless explicitly agreed otherwise in writing. The term of delivery is understood to include the time of commencement of the order. The delivery of services shall in principle commence at the time the Customer has fulfilled his/her payment obligations. 

Article 15 – liability

Services via the App and Personal Training

1. YourBody.Pro strives to offer the App safe and free of malware. Nevertheless, it cannot be guaranteed that the App is at all times completely free of malware, viruses or other harmful software. The Customer himself is responsible for keeping his mobile device and the software contained therein up-to-date, installing security updates, and taking appropriate security measures. YourBody.Pro excludes, to the extent permitted by law, all liability for damages resulting directly or indirectly from the use of the app, including but not limited to damages resulting from malware, viruses or other security incidents.

2. YourBody.Pro can never be held liable for the loss of data in the App or the consequences of using the App. YourBody.Pro can also not be held liable for any damage caused by content placed by third parties within the community.

3. YourBody.Pro can never be held liable for (damage arising from) the inaccessibility of the App, due to circumstances as outlined in article 6 section 2.20. The Customer understands and agrees that YourBody.Pro cannot be held liable for damages arising from any downtime. YourBody.Pro is also not liable for the inaccessibility of the App due to the lack of a (stable) internet connection at the Customer’s premises, or due to the Customer’s use of unsuitable hardware.

4. All agreements are carried out by YourBody.Pro on the basis of an obligation of effort. YourBody.Pro can never be held liable for results not achieved. 

5. Participation in the activities or purchase of services is entirely at your own risk and voluntary. YourBody.Pro is not liable for any injury, allergic reaction, damage to health and/or career, or other damage the Customer may suffer during or as a result of training/coaching. Training, nutritional and coaching advice is always without obligation and for advisory purposes; it must be followed at the Customer’s own risk. Before using any facility or participating in any activity, the Customer must ascertain whether use or participation is medically responsible for the person in question.

6. YourBody.Pro is not liable for damage to and/or loss of personal property from any cause whatsoever, occurring during or in connection with the activities organised and/or performed by YourBody.Pro. YourBody.Pro is not liable for damage suffered by the Customer if this damage is due to not following verbal or written instructions given by YourBody.Pro. YourBody.Pro is also not liable for damage which is due to the physical and/or mental condition of the Customer. 

General

7. The Customer is liable to YourBody.Pro if YourBody.Pro suffers damage in any way and this damage is due to the Customer’s failure to follow reasonable verbal or written (safety) instructions given by YourBody.Pro. The Customer indemnifies YourBody.Pro for damage caused to other Customers.

8. If and insofar as YourBody.Pro can still be held liable for any damage, this amount shall at all times be limited to the direct damage and up to a maximum of the amount paid out by any company liability insurance, or it shall be limited to the subscription fees or costs of the separate order as paid by the Customer, if the insurer (for whatever reason) does not proceed to pay. 

9. YourBody.Pro can never be held liable for indirect damages, including (but not limited to) delay damages, consequential damages, lost sales, profits or lost wages, missed savings, etc.

10. The Customer must report the damage to YourBody.Pro in writing within one month after he/she discovered or reasonably should have discovered the damage. If the Customer fails to fulfil this obligation, his/her right to any damages shall lapse. The possibility to hold YourBody.Pro liable expires in any case after one year after the services were provided by YourBody.Pro.  

11. The exclusions of any liability in this article do not apply in the event of intent and/or gross negligence on the part of YourBody.Pro. 

12. A complaint or report of damage does not suspend the contractual obligations of the customer. 

Article 16 – force majeure 

1. Force majeure in the sense of these general terms and conditions should be understood, in addition to what is understood in this regard in the law and jurisprudence, to include all external causes, whether direct or indirect, foreseeable or unforeseeable, as a result of which YourBody.Pro is unable to meet its obligations under the contract entered into. For the purposes of these general terms and conditions, force majeure shall in any case include: natural disasters, epidemics, fire, transport strikes, energy disruptions, strikes, illness of YourBody.Pro’s trainer/coach or its associated companies, government measures, including in any case import and export bans, quota restrictions and business interruptions at YourBody.Pro or its suppliers, as well as non-fulfilment by its suppliers as a result of which YourBody.Pro cannot (or can no longer) fulfil its obligations towards the Customer. 

2. If the force majeure situation will be temporary, i.e. shorter than two months, YourBody.Pro is entitled to suspend the execution of the agreement until the force majeure situation no longer occurs.

3. If the force majeure situation is of a permanent nature or lasts longer than two months, YourBody.Pro is entitled to terminate the agreement. 

4. YourBody.Pro is also entitled to invoke force majeure if the force majeure situation occurs after the performance should have been delivered by YourBody.Pro.

5. If YourBody.Pro has already partially fulfilled its obligations when the force majeure situation arises or can only partially fulfil its obligations, it is entitled to invoice the work already carried out or the part which can be carried out separately and the Customer is obliged to pay this invoice amount as if it were a separate agreement.

6. In case of force majeure the Customer cannot claim compensation from YourBody.Pro for damages suffered by it. 

Article 17 – retention of title (eigendomsvoorbehoud) 

1. All items delivered by YourBody.Pro shall only become the property of the Customer at the moment all goods delivered by YourBody.Pro have been paid for. Until the moment of full payment of all goods, all delivered goods remain the property of YourBody.Pro.

2. In the event YourBody.Pro invokes the retention of title and goods must be retrieved, the costs of retrieving the goods shall be borne by the Customer. 

3. Delivered goods may never be resold, pledged or otherwise encumbered by the Customer before payment has been made to YourBody.Pro. 

4. If third parties seize the goods delivered under retention of title or wish to establish or exercise rights to them, the Customer is obliged to inform YourBody.Pro of this immediately in writing.

5. In the event YourBody.Pro wishes to exercise its property rights referred to in this article, the Customer gives unconditional and irrevocable permission in advance to YourBody.Pro and/or third parties designated by YourBody.Pro to enter all those places where the property of YourBody.Pro is located and to take back those goods.

Article 18 – intellectual property rights

1. YourBody.Pro makes various information available to the Customer (including via the App), including but not limited to reports, specific advice, training and nutrition schedules, drawings, designs, sketches, photographs, images. The intellectual property rights to these belong exclusively to YourBody.Pro. 

2. When purchasing a subscription, the Customer only and exclusively acquires a limited licence to access the information in the App referred to in section 1, which may only be used for personal use. 

3. Reproduction or copying of the aforementioned information, in whole or in part, is expressly prohibited. 

The Customer is prohibited from alienating, showing or otherwise allowing third parties to use reports, advice, training and nutrition schedules, assignments, designs, drawings, sketches, photos, digital data carriers, images, et cetera, provided without written permission from YourBody.Pro. It is also prohibited to sell the knowledge acquired commercially or to include it in online courses, events, training, coaching, et cetera. 

4. If the Customer infringes the intellectual property rights of YourBody.Pro, YourBody.Pro is entitled to damages amounting to at least twice the fee it charges for such form of use (in the sense of licences), without prejudice to YourBody.Pro’s right to claim damages.

Article 19 – personal data 

1. If YourBody.Pro processes personal data within the framework of the execution of the agreement entered into with the Customer, such personal data shall be processed in a proper and careful manner in accordance with the General Data Protection Regulation (AVG). 

2. The personal data to be processed include name and address details, as well as information necessary for the provision of services, including measurement data and an analysis of the Customer’s physical condition such as height, weight, BMI, fat percentage and so on.  YourBody.Pro may also take or process images of the front, side and rear view of the Customer as part of its services. These photos are only used to monitor the Customer’s progress. By purchasing the services of the Customer, he agrees to the processing of his/her personal data which are important for the performance of the services, and the making and/or processing of visual material such as photographs and/or moving images of the Customer’s front, side and rear view. 

3. The Customer has the ability to post its own information within the community of the App. The Customer is aware that all information placed by YourBody.Pro is stored in the App and may be processed for back-ups and other processing purposes in accordance with the privacy policy. By actively placing information himself, the Customer agrees to the processing of this data by YourBody.Pro.

4. When the agreement between the parties ends, YourBody.Pro will either return the personal data it has processed in the execution of the agreement to the Customer or destroy it if there is no reason to keep the personal data.

Article 20 – miscellaneous

1. YourBody.Pro is entitled to amend these general terms and conditions unilaterally. In that case YourBody.Pro will notify the Customer of the changes in a timely manner. There will be at least one month between this notification and the amended terms and conditions taking effect. If the change results in a performance being demanded from the Customer which deviates substantially from the original performance, the Customer has the authority until the date of entry into force to terminate the agreement as of the date the changed terms and conditions take effect, unless YourBody.Pro wants to execute the agreement under the original terms and conditions. 

2. In the event YourBody.Pro transfers its rights and obligations under the agreement to a third party, YourBody.Pro shall notify the Customer of this in a timely manner. The Customer hereby already grants its consent to such a transfer and undertakes to provide all cooperation necessary for a transfer. 

3. A deviation from the general terms and conditions is only possible if the parties have unambiguously stipulated this in writing. 

4. If and insofar as one of the provisions of these terms and conditions proves to be void or voidable, this shall not affect the validity of all other provisions. 

5. Any general terms and conditions of the Customer are expressly rejected. Only the general terms and conditions of YourBody.Pro apply.

6. Uncertainties about the content of these general terms and conditions, or situations not regulated in these general terms and conditions, must be interpreted in the spirit and underlying idea of these general terms and conditions.

Article 21 – health

1. The Customer declares that he/she is in good health, or at least sufficiently healthy to be able to (physically) follow the instructions of YourBody.Pro, without this causing any damage to the Customer. 

Article 22 – disputes and choice of law

1. All disputes, including those which are only considered as such by one party, arising from or related to any advice, offers and/or agreements to which these terms and conditions apply or the terms and conditions themselves and their interpretation or execution, both of factual and legal nature, shall be settled by the competent court in the district of Limburg (the Netherlands), location Maastricht.  

2. All advice, offers, agreements and the performance thereof are governed exclusively by Dutch law, with the exception of those cases in which mandatory law provides otherwise. The applicability of the Vienna Sales Convention is expressly excluded.

Disclaimer for Allergens and Nutritional Information

The recipes and nutrition information in the App are intended for general information purposes and personal use only. While we do our best to provide accurate and reliable information, we cannot guarantee that all recipes are completely free of allergens or other ingredients that may cause allergic reactions. It is important that you:

1. Ingredients checks: Always check the labels of used products to see if they contain allergens that are not suitable for you.

2. Seek professional advice: Consult a doctor, dietician or other qualified professional if you have specific allergies, intolerances or other dietary restrictions.

3. Consider product variations: Please note that brands, ingredients and product formulations may vary and allergen information may change.

The developers and owners of this app are not liable for any allergic reactions, health issues or other consequences arising from the use of the recipes or information in this app. By using the app, you agree that the responsibility for checking ingredients and ensuring their suitability lies entirely with you.