Agreement for Lifestyle advice and Lifestyle Weight Management Services for Adults

The following agreement (after this referred to as ‘Agreement’) sets out the terms and conditions applicable to all the services given to an individual or organisation.

Service purchase means agreement with the terms and conditions for service. Unless otherwise agreed in writing by the parties in advance, parties may not change this agreement in any way.

Definitions

In agreement, the following definitions apply:

• “Health Professional” means a psychologist and weight consultant, working independently to promote health behaviour through positive lifestyle advice, exercise programmes and lifestyle weight management services for adults;
• “Psychologist” means an expert in human behaviour. Who is a member of the Dutch Institute of Psychologists and has an academic degree (Master’s). Working as an independent psychologist specialised in health behaviour and practical, non-therapeutic tasks of a psychologist. Also certified and authorised to use Runningtherapy as a complementary intervention to psychotherapy and medical treatment;
• “BGN-Weight consultant” means an expert in weight management who advises individuals to improve their eating habits and achieve a healthy weight. Following the Health Council’s Guidelines for a nutritious diet, ensures that a BGN-Weight consultant will give only science-based nutrition advice to clients. A BGN-Weight consultant is a member of the Professional Association of Weight Consultants Netherlands (BGN), who also holds a Dutch weight consulting certificate and works as an independent weight consultant;
• “Client” means the person who receives advice and guidance. Or his/her legal representative;
• “Practice Address” means the location where the health professional works;
• “Doctor” means a GP or a specialist who has referred the Client to the health professional.

General terms and conditions.

SERVICES:

Services provided are:

Designed and result-driven nutritional activities and programs for healthy adults to promote health and prevent disease.

1. 1. Nutrition Counselling without medical purpose: Personalised Nutrition Consultation and information on food and eating habits;
   2. Weigh-in Appointments to track and review progress towards individual goals;
   3. Nutrition Consultation Packages to support the process of weight control;
   4. Counsultation Packages to make positive lifestyle changes;
   5. Workshops and group sessions for weight managment;
   6. 10 Weekly Challenges to make small daily changes towards a healthier diet;

ELIGIBILITY:

Participants are healthy adults and do not have any medical or psychological conditions.

1. Designed and result-driven physical activity for adults to promote health and prevent disease. Can be used to reduce early signs or mild symptoms of illness.

1. 1. Running Therapy: Personal running programme focussed on the body, mind and well-being.  It consists of running sessions at a comfortable pace under professional guidance. The programme can be used as a complementary intervention to psychotherapy and medical treatment.

ELIGIBILITY:

• Participants are physically and mentally capable of physical activities, such as walking.
• Participants discussed their participation with a physician or physical therapist before beginning a running programme.

ACCESS TO SERVICES:

1. Access does not require a doctor’s referral.
2. Self-referral: Clients can access the services by booking an appointment directly via https://voedingenpsychologiesh.nutriportal.eu. Before the first session (intake), the Client must complete a food log.
3. With a referral: Services may also be provided after a referral from a doctor. In this case, the health professional must keep the referring doctor up-to-date on the process. Without the Client’s consent, the health professional will not give the Client’s details to the doctor or third parties.

LOCATION:

1. Changes: The Health Professional shall inform the Client of the specified practice address unless otherwise agreed by both parties. The Health Professional will inform the Client immediately of any changes to the practice address.

Cancellation Policy

• Suppose the Client is unable to attend the appointment at the agreed date and time. In that case, s/he must inform the Health Professional of this as soon as possible.
• All cancellations must be received at least 24 hours before the scheduled appointment.
• Clients who do not cancel with 24 hours notice will be charged for the cancelled appointment.
• For appointments after Sundays or public holidays, the 24-hour window shall start from 6:00 p.m. on the last preceding regular working day.
• For regular Monday appointments, cancellations must be made no later than Friday, 6:00 p.m.

Payment

GENERAL:

Individual sessions:

1. Payment is to be made directly to the Health Professional.
2. The Client shall make payment in cash or by bank transfer. The Client will receive an invoice for the services provided.
3. The Client must have paid the full amount indicated on the invoice within fourteen days of the invoice date.

Group sessions:

1. Payment is to be made directly to the Health Professional.
2. The Client shall make payment by bank transfer and before group courses start. After registration, the Client will receive an invoice for the chosen group lessons.
3. The Client must have paid the full amount indicated on the invoice within fourteen days of the invoice date.
4. A course will be cancelled if there are insufficient registrations. And the Client will be notified about it.
5. If the course cannot take place, you will receive your refund within seven (7) days.

OVERDUE PAYMENTS:

Every thirty days that payment has not been made, the health professional is entitled to increase the amount on the invoice with a processing fee of EUR 5.

DEBT COLLECTION:

1. If no payment has been made sixty days after the invoice date, the health professional is entitled to charge statutory interest on the amount owed backdated on the first day of the debt
2. Suppose no payment has been made sixty days after the invoice date. In that case, the health professional is also entitled to charge all expenses associated with collecting the relevant claims, including, explicitly, the collection charges by the debt collection agency and court fees.

Fees for service

• Before providing services (sessions or programmes), the Health professional shall inform the Client, either orally or in writing, of the amount of the service fee that applies. These charges shall include VAT and other statutory costs if and when they are to be charged.
• The Health Professional is authorised to increase service fees if and when unforeseen price increasing circumstances arise after the agreement’s conclusion. The Health Professional may do so based on the fact that there is a change in rate on January 1st of each calendar year.

Intellectual property

1. All intellectual property rights are reserved and held by The Health Professional.
2. Intellectual property rights are related to recommendations, plans, documents, images, and/or related information and knowledge, even if the fees were charged. Or if improvement has been made afterwards, whether requested by the Client.
3. None of the items referred to in the second sentence may be copied or distributed, either in whole or in part, without the health professional’s written permission.
4. The items referred to are for internal use only by the Client. The Client may only use them for the purpose for which the health professional has provided them.

Force majeure 

1. The Health Professional shall have the right to suspend scheduled consultations and activities if there is any delay in the Health Professional’s service obligations’ performance due to the following circumstances:
   • unforeseen circumstances beyond his / her reasonable control.
   • circumstances that the Health Professional could not have been aware of at the start of the supervision.
   • due to illness
2. Suppose the performance is deemed to be permanently impossible. In that case, the ‘Agreement’ may be terminated for the remaining part that now no longer can be completed. In that event, none of the parties shall be entitled to compensation as a result of the dissolution of the articulated damage.

Onuitvoerbaarheid van de werkzaamheden

1. De gezondheidsprofessional heeft het recht om overeengekomen consulten en/of werkzaamheden op te schorten indienhij door de volgende omstandigheden, tijdelijk verhinderd is zijn verplichtingen na te komen:
   • omstandigheden welke buiten zijn invloedssfeer liggen.
   • omstandigheden waarvan hij bij aanvang van de begeleiding niet op de hoogte was of kon zijn
   • vanwege ziekte
2. Indien de nakoming blijvend onmogelijk wordt kan deze  ‘Overeenkomst’ worden ontbonden voor dat deel dat nog niet is nagekomen. Geen van beide partijen heeft in dat geval recht op vergoeding van de ten gevolge van de ontbinding gelede schade.

Liability and non-compliance

NATURE OF THE SERVICES:

1. The health professional’s advice promotes positive health behaviour. Services are result-driven without ensuring the outcome. Results depend on the Client’s actions and efforts.
2. The Client understands that the services are preventive and accepts them. They serve to change behaviour towards a healthier lifestyle.
3. Services and interventions can be used alongside psychotherapy or drug therapy.
4. The Client understands that the services will in no way be perceived as psychological treatment or psychotherapy.

DAMAGES:

1. The health professional shall not be held accountable for any damage, injury, or illness resulting from or relating to the Client following the health professional’s advice. Unless there is an intention or gross negligence on the health professional’s part.
2. Provided that the damages eligible for compensation are only those to which the health professional is legally obliged. The following restrictions are to be observed. Not eligible for compensation are: losses in trade, loss of income, and the like arising from any cause.
3. The health care provider is never responsible for harm caused by third party intent or gross negligence.
4. Suppose the health professional’s insurer for any reason does not pay. In that case, the health professional’s responsibility shall be limited to no more than twice the consultation price.

NON COMPLIANCE /TRANSPARENCY:

1. The health professional shall not be liable or responsible for the consequences of incorrect information resulting from a health issue that is unknown and/or not disclosed.
2. The Client understands that it is crucial to be as truthful, open, and comfortable as possible to help ensure that the services are effective.

Governing law and jurisdiction

• The only civil court with jurisdiction to hear disputes is found in the health professional’s domicile.
• Dutch law shall apply.