Terms & Conditions
1. Definitions
In these Terms & Conditions, the following terms are used in the following meaning, unless expressly indicated otherwise or unless the context requires a different interpretation:
Appointment:
The appointment between the Participant and the Coach for an individual coaching session, either in person or online.
Business Client:
A legal entity or natural person acting in the course of its profession or business.
Participant:
The natural person for whom the Client has entered into the Agreement and/or the natural person who participates in an Appointment. If the Client has entered into the Agreement for himself/herself, the Client is also the Participant.
Coach:
The user of these Terms & Conditions: Tricia Mark Coaching, located at Rijksstraatweg 92, 1115 AV Duivendrecht, registered with the Chamber of Commerce under number 92607160 and affiliated with the Beroepsvereniging Leefstijlcoaches Nederland (BLCN).
Materials:
All texts, advice, worksheets, and any other work developed or made available by the Coach in the context of the Agreement.
Client:
The natural person or legal entity entering into an Agreement with the Coach.
Agreement:
The agreement between the Coach and the Client.
Private Client:
A natural person not acting in the course of a profession or business.
Written:
Written or by email.
Unless the context indicates otherwise, defined terms include their plural form. References to “he” or “his” shall be understood to include “she” or “her.”
2. Applicability
These Terms & Conditions apply to all offers of the Coach, all Agreements between the Coach and the Client, and all Appointments.
Any deviations from these Terms & Conditions are only valid if expressly agreed in Writing.
Once these Terms & Conditions have applied to any legal relationship between the Coach and the Client, the Client is deemed to have accepted their applicability to all future Agreements.
The applicability of any purchasing or other conditions of a Business Client is expressly rejected.
If any provision of these Terms & Conditions is void or invalid, the remaining provisions continue to apply. The Coach will replace the void provision with one that reflects the intention of the original provision.
The Coach is entitled to amend these Terms & Conditions. The Client will be notified in Writing of any amendments and the effective date. If the amendment is disadvantageous for a Private Client, the Private Client may terminate the Agreement free of charge before the new Terms & Conditions take effect.
3. Offer
All offers of the Coach are non-binding.
The Client guarantees the accuracy and completeness of the information provided that forms the basis of the Coach’s offer.
Obvious errors or mistakes in an Agreement or email from the Coach do not bind the Coach.
Stated rates do not automatically apply to future services.
4. Formation of the Agreement
The Agreement is formed when the Client expressly agrees to the Coach’s offer.
After the Agreement is formed, the Coach will send the Client a confirmation by email.
5. Fees
For Private Clients, all prices include VAT.
For Business Clients, prices exclude VAT unless otherwise indicated.
The Client is responsible for determining whether coaching services are reimbursed by their insurer. If, for any reason, the insurer does not reimburse the services, the Client remains fully responsible for payment.
6. Cancellation
6.1 Cancellation by the Coach
The Coach has the right to cancel an Appointment without stating a reason or to refuse participation if there is a justified reason. In such cases, any paid fees will be credited to the Client.
6.2 Cancellation by the Client (Appointments)
The Client may cancel an Appointment more than 24 hours before the scheduled start time without charge.
If an Appointment is cancelled less than 24 hours before the start, or if the Participant does not attend without prior notice, 100% of the agreed price for the Appointment will be charged.
If no fixed price was agreed, the fee is calculated using the Coach’s hourly rate multiplied by the reserved time.
6.3 Form of cancellation
Cancellations must preferably be submitted in Writing.
6.4 Exceptions
The Coach may, at her discretion and depending on the circumstances, decide not to charge the cancellation fees described above.
6.5 No group training
As the Coach does not offer group training or workshops, all provisions relating to Training are not applicable and have been omitted.
7. Performance of the Agreement
The Coach provides a best-efforts obligation, not a results guarantee. The Coach will perform her services with care and professionalism but cannot guarantee any specific outcomes, as these depend on the Participant’s effort and circumstances.
The Coach may, without notice, engage third parties to assist in the performance of the Agreement.
8. Information from the Client
The Client must provide all personal and other information requested by the Coach that is necessary for performance of the Agreement.
The Coach is not responsible for consequences resulting from incorrect or incomplete information provided by the Client.
9. Responsibilities of the Client and Participant
The Client must ensure that Participants adhere to these Terms & Conditions.
The Participant must provide all information the Coach indicates is necessary for the coaching process.
The Participant may not behave in a way that prevents the Coach from properly carrying out the Appointment. Misconduct entitles the Coach to deny access to the Appointment with full payment due.
The use of alcohol or drugs before or during an Appointment is prohibited.
The Participant must treat personal or confidential information from other participants (e.g. if group sessions occur in the future) as strictly confidential.
The Participant is always responsible for their own behaviour, decisions, and results during and after coaching.
10. Invoicing and Payment
Invoices are issued before the coaching package begins.
Payment must be made within 14 days of the invoice date.
The Client may pay in instalments. Payment in instalments of up to three instalments is possible, under conditions agreed in Writing between the parties.
If a Business Client does not pay on time, statutory commercial interest applies (Article 6:119a Dutch Civil Code).
If a Private Client does not pay on time, statutory interest applies (Article 6:119 Dutch Civil Code).
All collection costs after default, judicial and extrajudicial, are borne by the Client.
Complaints about invoices must be submitted in Writing within 14 days of the invoice date.
11. Force Majeure
The Coach is not obliged to fulfil any obligation if prevented by force majeure, including but not limited to: extreme weather, natural disasters, theft, illness, epidemics, pandemics, government measures, cyberattacks, technical failures, transport issues, and any non-attributable failures of third parties.
If an Appointment must be rescheduled due to force majeure, the Coach and Client will consult to find a reasonable solution.
12. Suspension and Termination
The Coach may suspend the Agreement if the Client fails to meet their obligations.
The Coach may terminate the Agreement in Writing if the Client remains in breach after notice of default, or if circumstances arise that make continuation unreasonable or impossible.
If the Agreement is terminated, all services performed up to the termination date will be invoiced.
13. Confidentiality and Personal Data
Both parties are required to maintain confidentiality of all confidential information received within the context of the Agreement.
The Coach will not disclose contents of coaching sessions to any third party unless:
the Participant has given explicit consent, or
the Coach is legally required to do so.
The Coach processes personal data in accordance with applicable data protection laws.
For more information, see the privacy policy at: www.triciamark.com/privacy-statement.
14. Liability and Limitation
The Coach is not liable for damage that is the result of:
circumstances outside her control (force majeure),
incorrect or incomplete information provided by the Client,
misinterpretation by the Participant of advice or materials,
failure to achieve desired coaching results,
loss, theft, or damage to personal belongings.
The Coach is not liable for indirect damage (e.g., lost profits or consequential loss).
If liability exists, it is limited to the amount paid by the Coach’s liability insurer. If the insurer does not pay, liability is limited to the fee paid for the specific service.
Any legal claim against the Coach expires 1 year after the Client knew or reasonably could have known of the claim.
15. Complaints
Complaints about the services provided must be submitted in Writing within 8 days after the session to which the complaint relates.
Because the Coach does not have a separate published complaints procedure, the complaints process is incorporated into these Terms & Conditions.
The Coach will review the complaint and respond as soon as reasonably possible.
16. Intellectual Property
All intellectual property rights relating to Materials and any content created or provided by the Coach remain the exclusive property of the Coach unless otherwise agreed in Writing.
The Client may not reproduce, share, publish, or distribute Materials without Written consent.
17. Expiry Period
Unless otherwise stated, any claim by the Client or Participant expires 1 year after the moment the Client or Participant became aware, or could reasonably have become aware, of that claim.
18. Applicable Law and Jurisdiction
Dutch law applies to all Agreements and legal acts between the Client and the Coach.
If either party submits a dispute to court, the competent court is the court of the district where the Coach is established. A Private Client may, within one month after the Coach invokes this clause, choose the court that is competent under statutory rules.