TERMS AND CONDITIONS

Terms and Conditions for Lifestyle advice and Psychology in weight management

Individual and small group lifestyle counselling

The terms and conditions below apply to all services provided to any individual or organisation. Purchasing any services constitutes acceptance of the Terms. The Terms shall not be varied in any way whatsoever unless agreed in advance in writing between the parties. 

Definitions

In the general conditions the following definitions apply:

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

”Psychologist” means member of the Dutch Institute of Psychologists and academically trained at doctoral level, acting as independently based psychologist specializing in health behavior and practical, non-therapeutic activities of a psychologist;

”Client” means the person to whom advice and guidance is provided by the weight consultant, or his/her legal representative;

”Practice Address” means the location in which the practice of weight management consultant is exercised;

”Doctor” means GP or specialist by whom the client is referred to the weight consultant.

General conditions

The weight managment counselor / psychologist advises the client from the practice at such specified address, unless mutually agreed otherwise. The client will be informed immediately of any changes in the practice address.

Admission

The weight managment counselor / psychologist, may advise and guide the client directly after personal contact as well as following referral by a doctor. In the latter case, the weight consultant / psychologist will keep the referring doctor informed of the process. Client information will not be provided to third parties without the consent from the client him/herself or his/her doctor.

Cancellation Policy

  • In the event that the client is unable to be present at the practice at the agreed date and time, s/he must inform the weight counselor / psychologist of this as soon as possible.
  • Cancellations must be received at least 24 hours in advance.
  • In the event that the client notifies the weight counselor / psychologist within 24 hours before the scheduled appointment, or does not give such notice, the weight consultant / psychologist is entitled to the fees and the client will be charged.
  • Regarding appointments following a Sunday or recognized public holidays, the 24 hour period will start from 18:00 pm on the last preceding regular working day. For appointments taking place on regular Mondays, cancellations must be submitted by Friday, 18:00 at the latest.

Service fees

  • Before supplying services (sessions or programs), the weight consultant / psychologist shall inform the client either orally or in writing of the amount of the service fee that apply. These fees include VAT and other statutory fees if and when they should be calculated.
  • The weight counselor / psychologist is authorized to increase services fees if and when unforeseen price increasing circumstances occur after the conclusion of the agreement. The weight counselor / psychologist may do so based on the fact that there is a rate change on January 1st of each calendar year.

Intellectual property

All intellectual property rights are reserved and owned by The weight counselor / psychologist. Intellectual property rights are in relation to: recommendations made, plans, documents, images and / or the related information and knowledge. Even if fees have been charged. Or if improvements have been made afterwards whether or not requested by the client. None of the items listed in the second sentence may be copied or distributed -neither entirely nor partially- without written permission from the weight consultant / psychologist. The items referred to are for internal use only by the client and may only be used for the purpose for which they were provided by the weight counselor / psychologist. 

Payment

  • Payment to the weight counselor / psychologist shall be in cash or by bank transfer. The client will receive an invoice for the services. The client must have paid the invoice within fourteen days of the invoice date.
  • For every thirty days that payment has failed, the weight consultant / psychologist is entitled to increase the amount on the invoice with a 5 Euro processing fee.
  • If sixty days after the invoice date no payment has been made, the weight consultant / psychologist is entitled to charge statutory interest on the amount owed backdated to the first day of indebtedness, as well as all costs associated with the collection of the relevant claim including explicitly also means costs for collection by a collection agency and court costs.

Force majeure 

The weight counselor / psychologist has the right to suspend scheduled consultations and / or activities due to ‘unforeseen circumstances beyond his/her reasonable control or of which he/she could not have been aware at the start of the sessions, due to disease or due to any delay preventing the performance of his/her obligations in relation to the services. In the event that the performance is deemed permanently impossible, the contract can be terminated for that part which is not yet fulfilled. In that event none of the parties shall be entitled to compensation as a result of the dissolution articulated damage.

Liability

  • The advice and / or guidance by the weight counselor / psychologist is practical in nature as well as result driven without ensuring that outcome. Results are dependent on client’s actions. Client understands and agrees that the services provided are in no way to be construed as psychological counselling or therapy
  • The weight counselor / psychologist can not be held responsible for damages, injury or disease arising out of or relating to the client following up advice provided by the weight counselor / psychologist, unless there is intent or gross negligence on the part of the weight consultant / psychologist.
  • Provided that the damages qualified for compensation are only those which the weight counselor / psychologist is assured. The following restrictions must be observed. Not eligible for compensation are: trading losses, loss of income and the like arising from any cause. The weight counselor / psychologist is never liable for damage caused by intent or gross negligence by third parties. In the event that the insurer of the weight consultant / psychologist for whatever reason does not pay out, the liability of the weight consultant / psychologist shall at all times be limited to no more than twice the rate of a consultation. The weight counselor / psychologist is not responsible or liable for the consequences of incorrect information resulting from an unknown and / or concealed health aspect. Client understands that for services to be effective it’s important to be as honest, open and at ease as possible.

Governing law and jurisdiction

The only civil court that has jurisdiction to hear disputes is the one located in the domicile where the weight counselor / psychologist is based. Dutch law is applicable.