Terms and Conditions

Terms and Conditions

BUSINESS DESCRIPTION

Martijn van Bemmel is providing coaching services and focuses on Clients who are looking for awareness, personal and professional development and change in their lives. The Client applies this awareness, development and change according to his own choice in his personal situation.

DEFINITIONS

Contractor / Coach: Martijn van BemmeL

Client: is the (legal) person who uses the services offered by Martijn van Bemmel

Coaching: Coaching is partnership (defined as an alliance, not a legal business partnership) between the Coach and the Client in a thought-provoking and creative process that inspires the Client to maximize personal and professional potential. It is designed to facilitate the creation/development of personal, professional or business goals and to develop and carry out a strategy/plan for achieving those goals.

Services: All work that has been commissioned and/or arises from it and is directly related to the assignment in the broadest sense of the word. 

Offer: Any proposal for services to private individuals and companies.

Agreement: Any agreement that is concluded between the Client and the contractor as a result of an offer about the services to be provided by the contractor for the benefit of the Client.

APPLICABILITY OF THESE TERMS AND CONDITIONS

These general terms and conditions apply to all offers and agreements in which the contractor offers or delivers services in the context of his profession. Deviations from these general terms and conditions are only valid if agreed in writing between the Client and the contractor. These general terms and conditions also apply to additional assignments and follow-up assignments from the Client.

OFFER AND AGREEMENT

An offer is valid for a maximum of 14 days, unless expressly stated otherwise. Acceptance of the offer after the stated period has no binding conditions for the contractor.

Every agreement between Client and contractor is concluded by mutual agreement. The contractor confirms agreements to the Client by email, SMS or WhatsApp. If desired, the contractor makes a written copy that the Client returns signed or confirmed by email before the start of the assignment. Verbal agreements apply when they have been confirmed by email or WhatsApp.

EXECUTION OF THE AGREEMENT

The Contractor will execute the agreement to the best of its knowledge and ability. The contractor has an obligation of best efforts with regard to the execution of the agreement and can therefore not be held liable based on an obligation to achieve results.

If and insofar as proper execution of the agreement requires this, the contractor has the right to have certain work carried out by third parties. The Client ensures that all information that the contractor indicates is necessary or of which the Client should reasonably understand that it is necessary for the execution of the agreement, is provided to the contractor in a timely manner. If the information required for the execution of the agreement has not been provided to the contractor in a timely manner, the contractor has the right to suspend the execution of the agreement and/or to charge the Client for the additional costs resulting from the delay in accordance with the usual rates.

COACH AND CLIENT RELATIONSHIP

A. Coach agrees to maintain the ethics and standards of behavior established by the International Coaching Federation “(ICF)”. www.coachingfederation.org/ethics. It is recommended that the Client reviews the ICF Code of Ethics and the applicable standards of behavior.

B. Client is solely responsible for creating and implementing his/her own physical, mental and emotional well-being, decisions, choices, actions and results arising out of or resulting from the coaching relationship and his/her coaching calls and interactions with the Coach. As such, the Client agrees that the Coach is not and will not be liable or responsible for any actions or inaction, or for any direct or indirect result of any services provided by the Coach. Client understands coaching is not therapy and does not substitute for therapy if needed, and does not prevent, cure, or treat any mental disorder or medical disease.

C. Client further acknowledges that he/she may terminate or discontinue the coaching relationship at any time.

D. Client acknowledges that coaching is a comprehensive process that may involve different areas of his or her life, including work, finances, health, relationships, education and recreation. The Client agrees that deciding how to handle these issues, incorporate coaching principles into those areas and implementing choices is exclusively the Client’s responsibility.

E. Client acknowledges that coaching does not involve the diagnosis or treatment of mental disorders as defined by the American Psychiatric Association and that coaching is not to be used as a substitute for counseling, psychotherapy, psychoanalysis, mental health care, substance abuse treatment, or other professional advice by legal, medical or other qualified professionals and that it is the Client’s exclusive responsibility to seek such independent professional guidance as needed. If Client is currently under the care of a mental health professional, it is recommended that the Client promptly inform the mental health care provider of the nature and extent of the coaching relationship agreed upon by the Client and the Coach.

F. The Client understands that in order to enhance the coaching relationship, the Client agrees to communicate honestly, be open to feedback and assistance and to create the time and energy to participate fully in the program.

CONFIDENTIALITY

This coaching relationship, as well as all information (documented or verbal) that the Client shares with the Coach as part of this relationship, is bound by the principles of confidentiality set forth in the ICF Code of Ethics. However, please be aware that the Coach-Client relationship is not considered a legally confidential relationship (like the medical and legal professions) and thus communications are not subject to the protection of any legally recognized privilege. The Coach agrees not to disclose any information pertaining to the Client without the Client’s written consent. The Coach will not disclose the Client’s name as a reference without the Client’s consent.

Confidential Information does not include information that: (a) was in the Coach’s possession prior to its being furnished by the Client; (b) is generally known to the public or in the Client’s industry; (c) is obtained by the Coach from a third party, without breach of any obligation to the Client; (d) is independently developed by the Coach without use of or reference to the Client’s confidential information; or (e) the Coach is required by statute, lawfully issued subpoena, or by court order to disclose; (f) is disclosed to the Coach and as a result of such disclosure the Coach reasonably believes there to be an imminent or likely risk of danger or harm to the Client or others; and (g) involves illegal activity. The Client also acknowledges his or her continuing obligation to raise any confidentiality questions or concerns with the Coach in a timely manner.

By confirming the agreement and these general terms and conditions, the Client gives permission to use name and address details and telephone number for recording in the contractor’s customer file for administrative purposes and the e-mail address for communications.

PRIVACY / DATA PROTECTION

A. The Coach and the Client will each of them comply as appropriate with applicable privacy/data protection legislation (including GDPR), binding court order, judgment or decree, guidance, codes, policy or standards.

B. With regard to processing personal data/personal identifiable information (“data”) in relation to the Client, the Coach will: process such data lawfully (on an appropriate basis including but not limited to consent, or to comply with the Coach’s legal or regulatory obligations, or for contractual performance, or for the Coach’s legitimate interests), fairly and in a transparent manner; collect such data for specified, explicit and legitimate purposes and not further process such data in a manner that is incompatible with those purposes; ensure that such data is adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed; maintain such data accurately; keep such data for no longer than is necessary for the purposes for which the data are processed; process such data in a manner that ensures appropriate security of the data, including protection against unauthorized or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organizational measures; maintain records of such data processing under applicable privacy/data protection legislation requirements; share such data with third parties who the Coach will inform the Client about; concerning such data, observe the Client’s privacy/data protection rights under applicable privacy/data protection legislation requirements, which may be subject to some conditions and exceptions; process such data for marketing purposes under applicable privacy/data protection legislation requirements; in case of a security breach concerning such data, where requirements of applicable privacy/data protection legislation are met, notify a regulatory or supervisory authority, board or other body responsible for administering privacy/data protection legislation, and the Client of the data security breach; and, where it is necessary for the Coach to transfer such data internationally the Coach will comply with applicable privacy/data protection legislation requirements designed to ensure the privacy of such data.

C. In connection with any infringement by the Coach of applicable privacy/data protection legislation requirements, including a security breach, concerning personal data/personal identifiable information in relation to the Client, the Coach’s entire liability under this Agreement and the Client’s exclusive remedy shall be limited to the amount actually paid by the Client to the Coach under this Agreement for all coaching services rendered through and including the termination date.

RELEASE OF INFORMATION

The Coach engages in training and continuing education pursuing and/or maintaining ICF (International Coach Federation) Credentials. That process requires the names and contact information of all Clients for possible verification by the ICF. By signing this agreement, you agree to have only your name, contact information and start and end dates of coaching shared with ICF staff members and/or other parties involved in this process for the sole and necessary purpose of verifying the coaching relationship, no personal notes will be shared.

According to the ethics of our profession, topics may be anonymously and hypothetically shared with other coaching professionals for training, supervision, mentoring, evaluation, and for coach professional development and/or consultation purposes.

INTELLECTUAL PROPERTY

All documents provided by the contractor, such as workbooks, assignments, ebooks, informative PDFs, recordings, etc., are exclusively intended for use by the Client and may not be reproduced, made public, or disclosed to third parties without the prior permission of the contractor. If permission has been given by the contractor, the relevant documents may be shared with clear reference to the source. Under no circumstances is it permitted to sell materials from the contractor to third parties.

DURATION AND TERMINATION OF THE AGREEMENT

The duration of the coaching process as laid down in the agreement between the Client and the contractor can be terminated or extended at any time by both parties with mutual consent.

The agreement automatically ends with immediate effect:

Termination of the agreement is separate from the financial obligation that must be fulfilled.

The agreement signed by the Client remains in force on the understanding that the services to be provided by the contractor must be purchased within one year of the agreement. If this period is exceeded, no refund will be made for services not purchased

TERMS OF PAYMENT

Payment must be made within 14 days after the invoice date, in the manner specified by the contractor and in the currency in which the invoice was issued. After 14 days have elapsed after the invoice date, the Client is in default. In the event of liquidation, bankruptcy or suspension of payment of the Client, the claims of the contractor and the obligations of the Client towards the contractor will be immediately due and payable.

In the event of late payment or failure to make payment, the Client is in default and the contractor reserves the right to stop the execution of the agreement with immediate effect. From that moment on, the Client also owes statutory interest on the outstanding amount. If the contractor hands over the claim for collection, the Client is also obliged to pay the judicial and extrajudicial costs involved in this collection.

In the event of any objections regarding the invoice, the Client must notify the contractor in writing within two weeks of receiving the invoice.

CANCELLATION POLICY

The Client has the right to participate in or cancel the coaching assignment. This can be done in writing or by e-mail. In the event of cancellation of a coaching program and related activities within 5 working days before its start, the Client is obliged to pay 100% of the agreed amount. In case of cancellation longer than 5 working days but within 1 month, the Client is obliged to pay 50% of the agreed amount. In the event that the Client or the participant designated by the Client terminates participation prematurely after the start of the coaching or otherwise does not participate, the Client is not entitled to a refund.

The contractor has the right to refuse a Client and cancel coaching without giving reasons. The contractor will confirm the cancellation or refusal by e-mail and in that case will refund 100% of the amount paid up to that point by the Client, thus terminating the agreement without further obligations or claims on either side.

CHANGE OF APPOINTMENTS

It is possible to reschedule an appointment in a timely manner, by email or WhatsApp. If the Client cancels or requests to reschedule the appointment within 24 hours of the appointment, costs will be charged for the reserved time. The Client is obliged to pay this. Appointments canceled or rescheduled before this time will not be charged.

If the Client does not show up for a scheduled meeting, the costs for the coaching service will be charged and the Client is obliged to pay them.

The contractor has the right to reschedule or cancel agreements if it cannot properly execute the agreement.

LIMITED LIABILITY

The Coach makes no guarantees, representations or warranties of any kind or nature, expressed or implied with respect to the coaching services negotiated, agreed upon and rendered. In no event shall the Coach be liable to the Client for any indirect, consequential or special damages. Notwithstanding any damages that the Client may incur, the Coach’s entire liability under this Agreement, and the Client’s exclusive remedy, shall be limited to the amount actually paid by the Client to the Coach under this Agreement for all coaching services rendered through and including the termination date.

SEVERABILITY

If any provision of these terms and conditions shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If the Court finds that any provision of these terms and conditions is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

APPLICABLE LAW

This Agreement and Terms and Conditions shall be governed and construed in accordance with the laws of the Netherlands without giving effect to any conflicts of laws provisions.

COMPLAINTS PROCEDURE

If the Client or participant submits a complaint, he will receive a response as soon as possible and within reason. The contractor will of course make every effort to solve the problem together with the Client. If this does not work, an independent third party will be called in. That third party can be a jointly selected mediator. The third party’s decision is then binding. Complaints are registered and kept for three years. In the event of disputes, Dutch law applies to all agreements and legal acts between the Client and the contractor.