Terms and Conditions

General Terms and Conditions for Personal Training

Article 1: Definitions
Trainer: IMD-Health, part of IMD-Coach, registered with the Chamber of Commerce under number 77649176. Entrepreneur Maarten Burger or a third party appointed by him.
Client: The natural or legal person with whom an agreement has been concluded.
Training Session: The agreed appointment on a specific day and time for carrying out a training session.
Packages: Bronze, Silver, Gold. As described in Article 7.

Article 2: Applicability of these Terms and Conditions
These terms and conditions apply to all personal training services offered by IMD-Health, part of IMD-Coach. By accepting in the app, the client confirms that they have read and accepted these terms.

Article 3: Maarten Burger
Entrepreneur: Maarten Burger – IMD-Coach
Chamber of Commerce number: 77649176
VAT number: NL003219219B32
Address: Sint Joristraat, 5211 HB ’s-Hertogenbosch
Bank account: NL79 KNAB 0408 3895 32
Website/email: info@imd-coach.nl

Article 4: The Agreement
4.1 An agreement is formed through offer and acceptance between the Trainer and Client. An agreement may be made orally, in writing, or electronically.
4.2 An agreement is strictly personal and cannot be transferred to third parties.
The Trainer is permitted to have a training session carried out by a third party appointed by him without this being considered a breach of contract and without giving the Client any right to suspend or terminate the agreement.
4.3 If the agreement is for a fixed number of sessions, it remains in force until the final agreed session is completed. If the agreement is for a fixed period, it continues until the end of that period, after which it is automatically extended by the same period unless cancelled. Cancellation must be made at least 7 days before the end date of the current month.

Article 5: Cancelling a Training Session
5.1 If the Client is unable to attend a 1-on-1 training session, they must notify the Trainer at least 24 hours in advance. The session will then be cancelled and rescheduled. If cancelled within 24 hours, the cost of the session will be charged and cannot be rescheduled.
5.2 If the Client fails to attend a 1-on-1 training session without prior notice, the cost of the session will still be charged and cannot be rescheduled.
5.3 The Trainer has the right to terminate the agreement if the Client cancels or misses three sessions within a six-month period. In such a case, the Trainer is not obligated to compensate the Client or refund any prepaid amounts.
5.4 Missed training sessions that were cancelled on time must be rescheduled within 2 months of the missed date.
5.5 If the Trainer is unable to provide sessions for an extended period, they may suspend the agreement for the duration of the unavailability. If the Trainer is unable to deliver sessions for more than six months, they may terminate the agreement without being liable for damages.

Article 6: Injuries and Liability
6.1 The training is provided in a way that aims to minimize the risk of injury or damage to the Client. However, injuries cannot be entirely excluded. Both Trainer and Client must take measures to prevent injuries, including using appropriate clothing, footwear, and equipment. If an injury occurs during training, the Trainer is not liable for resulting damages.
6.2 The Trainer is also not liable for damage suffered by the Client due to theft, fire, loss of income, or other causes, except in cases of intent or gross negligence.
6.3 If the Client is injured and cannot attend one or more sessions, those sessions can be rescheduled by mutual agreement, within a maximum of one month. Injuries include muscle tears, bone fractures, sprains, and similar conditions that make attendance impossible. Fatigue and general discomfort are not considered injuries under these terms.

Article 7: Fees and Payments
7.1 The Client pays the Trainer a fee agreed upon in advance. Prices include VAT unless stated otherwise.
Bronze: €129 every 4 weeks – 30 minutes per week
Silver: €240 every 4 weeks – 60 minutes per week
Gold: €475 every 4 weeks – 120 minutes per week
All packages have a minimum term of one month and can be cancelled monthly. Payment is due every 4 weeks and can be made by cash, direct debit, or bank transfer.
7.2 The Trainer may adjust prices during the agreement due to external factors, such as third-party price increases or regulatory changes. If a price increase exceeds 10%, the Client may terminate the agreement. Any price change may be communicated with immediate effect.
7.3 If prepayment is agreed upon, the total amount must be paid before the first session. Failure to pay on time will be treated as a cancellation under Article 5.1. If payment is not received before a rescheduled session or if no new session is scheduled within a reasonable time, the payment obligation remains. The due date is considered the originally scheduled session date.
7.4 Payment must be made every 4 weeks. The Client is obligated to pay the agreed amount every fourth week from the start of the contract. Non-payment does not release the Client from their obligation.
If the Client refuses to pay, the Trainer may, after a formal reminder, charge collection costs and statutory interest. If payment is still not made, legal action will be taken, and all associated costs, including court fees and legal expenses, will be charged to the Client.

Article 8: Legal Jurisdiction, Applicable Law, and Changes
8.1 All disputes arising from the agreement will be submitted to the competent court in the district where the Trainer is based, under Dutch law.
8.2 The Trainer may change these terms and conditions. Changes take effect 30 days after written notice, unless the Client objects on reasonable grounds. In that case, the Client may terminate the agreement on the date the changes would take effect.

Article 9: Privacy
9.1 The Client’s health and personal data are processed in the app of third-party Virtuagym.
9.2 IMD-Health handles this data carefully and confidentially. See the privacy policy at www.IMD-Coach.nl for more information.

Article 10: Conduct and Hygiene
10.1 The Client is required to wear sports clothing, bring a towel, and behave respectfully toward the Trainer and others present.
10.2 The Client must follow the rules of conduct of Basic-Fit.
10.3 Repeated inappropriate behaviour gives the Trainer the right to terminate the agreement.

Article 11: Quality Standards for Personal Training
11.1 At IMD-Health by IMD-Coach, quality is a top priority. We have established internal standards as the foundation for the training process.
11.2 1-on-1 training is provided by a certified expert Personal Trainer. You work with one main trainer, but it may happen that a colleague leads a session.
11.3 IMD-Health is a recognized training company, which means an intern may be present. Only with the Client’s consent may the intern carry out assignments. Clients may also choose to train with an intern at a reduced rate.
11.4 Each training session is based on a periodization plan. Sessions are scheduled as much as possible at the Client's preferred times and serve the Client’s specific goals. A training session at IMD-Health lasts 60 minutes and focuses on intensive work at one’s own level toward one’s goals.
11.5 The Trainer aims to create an atmosphere where the Client feels safe to discuss any topic.
11.6 We provide not only high-quality training but also personal support. This means the Client can expect a listening ear, though the Trainer may not have a solution for everything. The Trainer helps you achieve your physical goals and provides mental support. Our mission is to help improve your lifestyle beyond the gym.
11.7 We do not offer solutions for physical injuries. For these, we refer you to a physiotherapist or general practitioner.
11.8 The Client can expect specific nutritional advice tailored to their goals and the periodization plan. We do not create detailed meal plans but do offer accurate and high-quality sample templates.