Terms and Conditions

Terms and Conditions for Lifestyle advice and Psychology in weight management

Individual and small group lifestyle counselling

The following conditions apply to all services given to a individual or organisation.

Purchase of services means acceptance of the terms and conditions. The terms can not be modified in any way, Unless otherwise agreed in writing by the parties in advance.

Definitions

The following definitions apply in Terms and Conditions:

“Health Professional” means a psychologist and weight consultant, acting independently to promote health behaviour through positive lifestyle advice and weight management psychology;

”Weight management consultant” means member of the Professional Association of Weight Consultants Netherlands, also in possession of a Dutch diploma weight consultant, acting as an independently based weight consultant;

“Psychologist” means a member of the Dutch Institute of Psychologists and is academically trained at the doctoral level, acting as an independent psychologist specialising in health behaviour and practical, non-therapeutic activities of a psychologist;

“Client” means the person to whom the weight consultant or his / her legal representative provides advice and guidance;

“Practice Address” means the location where the weight management consultant’s work is practised;

“Doctor” means a GP or a specialist who has referred the client to a weight consultant.

General terms and conditions.

The Health Professional shall inform the client of the specified practise address, unless otherwise agreed by both parties. The client will be informed immediately of any changes to the address of the practise.

Admission

The Health Professional, will advise and guide the client immediately after personal contact, or after a doctor’s referral. In the latter scenario, the health professional must keep the referring doctor updated about the process. Client information will not be given to third parties without without client’s or doctor’s permission.

Cancellation Policy

  • In the event that the client is unable to attend the appointment at the agreed date and time, s/he must inform the Health Professional of this as soon as possible.
  • Cancellations must be received at least 24 hours in advance.
  • In the event that the client notifies or fails to notify the health professional within 24 hours of the scheduled appointment, the health professional shall be entitled to the fees and the client shall be charged.
  • 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.

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 fees if and when they are to be charged.
  • The Health Professional, is authorised to increase services fees if and when unforeseen price increasing circumstances arise after the conclusion of the agreement. 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

All intellectual property rights are reserved and held by The Health Professional. 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 have been made afterwards, whether or not requested by the client. None of the items referred to in the second sentence may be copied or distributed, either in whole or in part, without written permission from the health professional. The items referred to are for internal use only by the client and may only be used for the purpose for which they have been provided by the health professional.

Payment

  • Payment to the Health Professional shall be made in cash or by bank transfer. The client will receive an invoice for the services provided. The client must have paid the full amount indicated on the invoice within fourteen days of the date of invoice.
  • For 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.
  • 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, as well as on all costs associated with the collection of the relevant claims, including, explicitly, the costs of collection by the collecting agency and the court.

Force majeure 

The Health Professional shall have the right to suspend scheduled consultations and/or activities due to unforeseen circumstances beyond his / her reasonable control or which he / she could not have been aware of at the beginning of the sessions, due to illness or any delay in the performance of his / her service obligations. In the event that the performance is deemed to be permanently impossible, the contract may be terminated for that part which has not yet been completed. In that event, none of the parties shall be entitled to compensation as a result of the dissolution of the articulated damage.

Liability

  • The health professional’s advice promotes positive health behaviour. It is practical, non-therapeutic and result-driven without ensuring the outcome. Results depend on the Client’s actions and efforts. The client acknowledges and accepts that non-therapeutic services provided to promote positive health behaviour will in no way be perceived as psychological treatment or psychotherapy.
  • The health professional shall not be held accountable for any damage, injury or illness resulting from or relating to the client, following advice from the health professional, unless there is intention or gross negligence on the part of the health professional.
  • 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. The health care provider is never responsible for harm caused by third party intent or gross negligence. If the health professional insurer for any reason does not pay, the responsibility of the health professional shall at all times be limited to no more than twice the price of the consultation. The health professional shall not be liable or responsible for the consequences of incorrect information resulting from a health issue which is unknown and/or not disclosed. The client understands that it is important to be as truthful, open and comfortable as possible to help make sure that the services are effective.

Governing law and jurisdiction

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