General Terms and Conditions – Royal Empowerment

GENERAL TERMS AND CONDITIONS OF ROYAL EMPOWERMENT

Article 1 Definitions

1. Royal Empowerment, with its registered office in Delft, Chamber of Commerce number 98879529, is referred to in these general terms and conditions as the therapist.
2. The other party is referred to in these general terms and conditions as the client.
3. The term ‘agreement’ refers to the contract for services under which the therapist carries out work for the client in return for payment and to which these general terms and conditions have been declared applicable.

Article 2 Applicability of the general terms and conditions

1. These terms and conditions apply to all quotations, invoices, work, agreements, and the provision of services and products by or on behalf of the therapist to which she has declared these terms and conditions to apply, insofar as no express written deviation from these terms and conditions has been agreed. 2. The terms and conditions also apply to acts performed by third parties engaged by the therapist in the context of the contract. 3. The most recently sent version of these general terms and conditions shall always apply. The therapist is entitled to amend the general terms and conditions unilaterally if she deems this necessary. In such a case, she shall send a new version of the general terms and conditions. If the new version contains a substantial amendment that has adverse consequences for the client, the client has the right to terminate the agreement. 4. The applicability of the client’s general terms and conditions is expressly rejected. 5. If one or more provisions of these general terms and conditions are, at any time, wholly or partly void or are set aside, the remaining provisions of these general terms and conditions shall remain in full force and effect.

Article 3 Quotations

1. If no acceptance period is specified in the quotation, the quotation shall lapse after 5 working days. 2. The therapist shall not be bound by her quotation if the client could reasonably have understood that the quotation, or any part thereof, contained an obvious error or clerical mistake. 3. Quotations do not automatically apply to subsequent assignments.

Article 4 Rates and payments

1. The contract is entered into for a fixed term, unless the nature of the contract dictates otherwise or the parties expressly agree otherwise in writing. 2. The quotation states the (package) price of the chosen service or product. Any other additional costs, such as material costs, will be included in this. 3. Acceptance of the quotation gives rise to an obligation to pay. The therapist is entitled to demand part of the payment in advance and to suspend the work until a subsequent payment has been made. 4. If it is agreed that payment is to be made in up to three instalments, work will not commence until the first payment has been made. 5. If the parties have agreed that the client will pay in instalments and the client fails to pay on time, the therapist is entitled to suspend her obligations under the agreement until the client has made the next payment. The therapist is entitled to charge additional fees if payment is made in instalments. 6. The rates agreed upon at the time the agreement is entered into are based on the price level in effect at that time. The therapist has the right to adjust the fees at any time should changed circumstances so require. Adjusted rates will be communicated to the client as soon as possible. Rates will not be increased during the period of a program that has already been purchased. 7. Invoices must be paid within 14 calendar days of the invoice date, unless the parties have made other arrangements in writing or a different payment term is specified on the invoice. 8. If the client fails to pay an invoice on time, the client is automatically in default and liable for statutory interest. Interest on the amount due will be calculated from the moment the client is in default until the moment the full amount owed is paid. 9. If the client is in default or fails to fulfil their obligations, all reasonable costs incurred in obtaining payment out of court shall be borne by the client. 10. In the event of the client’s liquidation, bankruptcy, seizure of assets, or suspension of payments, the therapist’s claims against the client become immediately due and payable. 11. No contracts have been entered into with health insurers. The client is personally responsible for paying the invoice on time and subsequently submitting it to the health insurer. The amount to be received depends on the policy in effect.

Article 5 Provision of information

1. The client shall make all information relevant to the performance of the assignment available to the therapist in a timely manner. 2. The client guarantees the accuracy, completeness, and reliability of the information provided, even if it originates from third parties. The therapist shall treat the information confidentially. 3. The client indemnifies the therapist against any damages arising from failure to comply with the provisions of this article. 4. If the client fails to provide the requested information or does not provide it in a timely manner, and the performance of the assignment is delayed as a result, the resulting additional costs shall be borne by the client.

Article 6 Performance of the agreement

1. The therapist shall perform the assignment to the best of her knowledge and ability. She is not liable for failure to achieve the result intended by the client. Furthermore, the therapist cannot guarantee any results; these depend in part on other factors and individuals within the therapist’s practice. 2. Because some of the therapist’s services are provided online, she cannot guarantee that her services will be available at all times and in all locations. 3. The therapist is entitled to engage third parties in the performance of her work. 4. The services offered by the therapist are intended to supplement conventional medical treatments but are not a substitute for them. If the client has any symptoms, they must first consult their family physician.

Article 7 Amendment of the agreement

1. If, during the performance of the assignment, it becomes apparent that it is necessary to modify or supplement the work to be performed, the parties shall amend the agreement in a timely manner and by mutual agreement. 2. If the parties agree to amend or supplement the agreement, the completion date may be affected. The therapist will inform the client of this as soon as possible. 3. For certain programs, an introductory interview and participation requirements will apply. The therapist is entitled to exclude individuals from participation if the therapist deems it necessary following the introductory interview. 4. The therapist is entitled to terminate the agreement should new facts or circumstances arise that disrupt the relationship of trust. In such a case, the therapist is not liable to pay compensation. 5. Should unforeseen circumstances arise which prevent the therapist from carrying out the assignment, the therapist may suspend or reschedule the agreement. Unforeseen circumstances include, amongst other things, illness and circumstances relating to materials necessary for the proper performance of the agreement. 6. If the therapist is prevented from carrying out the assignment, she shall endeavour to reschedule the work to another time or, if this does not hinder the performance of the agreement, arrange for a replacement. If this is not possible, the client is entitled to terminate the agreement. 7. Cancellation of a programme by the client is only possible in writing. The client may terminate the contract free of charge up to 14 calendar days after the conclusion of the contract, unless the work has been carried out within the aforementioned 14 calendar days or the contract has been entered into on a B2B basis. 8. Outside of the statutory cooling-off period for individuals, the following cancellation terms apply: the agreement may be cancelled free of charge up to 5 calendar days after signing the quote, provided that the first consultation has not yet taken place. In the event of cancellation, the therapist is entitled to charge for the intake interview. 9. If work has already begun, cancellation of a 3-month program will result in billing for the consultations already provided, and the therapist is entitled to charge administrative fees. 10. For cancellation of a 6-month program, a notice period of at least 1 calendar month applies. Cancellation is only final after confirmation by the therapist. In the event of cancellation during the term of the program, the therapist is entitled to charge administrative fees. 11. A single session may be rescheduled free of charge up to 24 hours before it begins; if rescheduled or cancelled within 24 hours, or if the client fails to attend, the session is forfeited and will be billed accordingly. This also applies to sessions within a treatment program, in which case a rescheduled session must always take place within the program’s duration. 12. If the client is late for an agreed-upon session, that time is forfeited without the right to a refund. 13. It is not possible to exchange and/or return purchased digital products, including masterclasses, webinars and e-books. Upon ordering and paying for the digital products, the client gains access to their purchase and, subsequently, a replay link. The client expressly agrees that, by doing so, they waive the right to a cooling-off period and the right to withdraw from the contract.

Article 8 Force majeure

1. In the event of force majeure, the parties are entitled to suspend or postpone the agreement. Force majeure includes, amongst other things, situations where the performance of the agreement is, whether or not temporarily, prevented by circumstances over which the parties have no reasonable control, such as illness, a pandemic, accidents, fire or government measures. 2. If a situation as described in the first paragraph of this article arises, or if other circumstances occur as a result of which the agreement cannot be continued temporarily, the obligations shall be suspended for as long as the parties are unable to fulfil their obligations. In such a situation, the parties shall jointly seek a solution. If this situation persists without an appropriate solution, both parties shall be entitled to terminate the agreement in writing without the need for rescission. The costs incurred and hours worked up to that point shall become immediately payable. 3. In the case of a commercial agreement, the parties are obliged to reschedule the work and the payment obligation shall remain in force. 4. If the client wishes to reschedule the agreement due to a pandemic, but government measures do not render the continuation of the agreement—whether or not in a modified form—impossible, the therapist is entitled to charge the costs associated with the rescheduling.

Article 9 Workshops

1. The therapist reserves the right to make changes to the dates and venue of a workshop. Should the therapist change the venue or dates, the client is entitled to cancel or to register for a workshop at a later date free of charge. 2. If an in-person workshop cannot take place due to circumstances beyond the therapist’s control, she is entitled to deliver the workshop online. This does not affect the amount payable. 3. If the client is unexpectedly unable to attend a workshop, the attendance ticket may be resold provided that the new participant meets the same terms and conditions of participation, the new details are provided to the therapist no later than three days before the start of the workshop, and the ticket is not resold for a price higher than the purchase price. The therapist reserves the right to exclude participants whose behaviour hinders or disrupts the conduct of a workshop from further participation in the workshop in question or in future workshops. Exclusion does not affect the obligation to pay the fees for the workshop in question. 4. If the client takes photographs during a workshop, they must at all times inform the therapist of this, and it is expressly prohibited to use this content for any purpose other than personal use. Visual material may only be shared on social media if the therapist is tagged in the post and no course material is clearly visible. If other participants are recognisable in this visual material, their consent is also required.

Article 10 Liability for damage

1. The therapist shall not be liable for any damage arising from this agreement, unless the damage was caused intentionally or through gross negligence. 2. The therapist shall not be liable for any damage arising from the therapist having relied on incorrect or incomplete information provided by or on behalf of the client. 3. The client bears ultimate responsibility for checking the quality of the content, services and products supplied. 4. The client remains responsible at all times for the application or implementation of knowledge or actions acquired during the term of the agreement. 5. In the event that the therapist is liable to pay compensation to the client, the amount of such compensation shall not exceed the sum paid out by the liability insurance, or the amount invoiced by the therapist to the client in the three months preceding the occurrence of the damage. 6. The client shall indemnify the therapist against all claims by third parties relating to the services, content and products provided by the therapist.

Article 11 Intellectual property

1. The intellectual property rights to the materials and content made available to the client by the therapist belong to the therapist. The client is expressly prohibited from reproducing, disclosing, or making the materials and documentation provided available to third parties outside the scope of the granted license without prior consent. 2. Any action in violation of this article shall be considered a copyright infringement. 3. In the event of an infringement, the therapist is entitled to compensation in an amount of at least three times the license fee she customarily charges for such use, without forfeiting any right to compensation for other damages suffered. 4. The client grants the therapist permission to use content created for the client for the therapist’s portfolio, unless an explicit objection has been raised in advance. If personal data is visible in this material, a consent form will be used. 5. If the client makes video and/or audio recordings during a session, this must be disclosed to the therapist at all times, and it is expressly prohibited to use this content for any purpose other than personal use.

Article 12 Special provisions

1. Both parties are bound to maintain the confidentiality of all confidential information they have obtained within the framework of their agreement. 2. In performing her work, the therapist is bound by the General Data Protection Regulation and the Dutch Medical Treatment Agreement Act. Under this legislation, the therapist is subject to medical professional secrecy and a duty to keep medical records. 3. The therapist shall retain medical records, in line with the Dutch Medical Treatment Agreement Act, for 20 years from the date on which each separate item of data is recorded. For minors, a retention period of 20 years applies from the age of eighteen.

Article 13 Complaints

1. The client is required to submit complaints regarding quotes, invoices, and/or the services and content provided as soon as possible, but no later than 7 calendar days after the complaint arises, in writing and with a detailed explanation to the therapist. The therapist will endeavour to address the substance of complaints within 1 business day. 2. Filing a complaint does not suspend the obligation to pay.

Article 14 Dispute resolution

1. These general terms and conditions are governed by Dutch law. 2. The parties will only bring a matter before a court after they have made every effort to resolve a dispute through mutual consultation. 3. All disputes shall be settled by the competent court in the judicial district where the therapist is located, unless a statutory obligation provides otherwise. 4. Notwithstanding the statutory limitation periods, the limitation period for all claims and defences against the therapist and any third parties involved is 12 months.