TERMS AND CONDITIONS

Terms and Conditions for weight management consultancy, lifestyle advice and the underlying practical psychology.

Lifestyle advice for individuals and small groups.

All services provided to any individual or organisation are subject to the following terms and conditions. Purchasing any services means accepting the terms and conditions. The Terms shall not vary in any way unless the parties have agreed in writing in advance.

Definitions

In general terms, the following definitions apply:

”Weight management consultant” means member of the Professional Association of Weight Management Consultants Netherlands, and certified as a weight management consultant, acting as an independent weight management consultant;

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

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

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

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

General conditions

The weight managment consultant / psychologist works with the client from the specified practice address, unless mutually agreed otherwise. The client will be immediately notified of any changes in the address of the practice.

Admission

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

Cancellation Policy

  • In the event that the client can not attend the practice at the agreed date and time, he / she must notify the weight management consultant / psychologist as soon as possible.
  • Cancellations must be received at least 24 hours in advance.
  • In the event that the client notifies the weight management consultant / psychologist within 24 hours before the scheduled appointment, or does not give such notice, the weight management consultant / psychologist is entitled to the fees and the client will be charged.
  • Regarding appointments following a Sunday or an acknowledged public holiday, the 24-hour period will begin on the last preceding regular working day at 18:00 pm. For regular Monday appointments, cancelations must be submitted no later than Friday, 18:00 pm.

Service fees

  • The weight management consultant / psychologist shall inform the client, either verbally or in writing, before providing services (sessions or programs), of the service fees applicable. These fees include VAT, if and when they should be included, and other statutory fees.
  • The weight management consultant / psychologist is authorised to increase service fees if and when unforeseen price-increasing-circumstances occur and after the agreement has been concluded. The weight management consultant / psychologist may do so on the basis that on 1 January of each calendar year there is a rate change.

Intellectual property

The weight management consultant / psychologist reserves and owns all intellectual property rights. Intellectual property rights relate to: recommendations made, plans, documents, images and/or information and knowledge related to them. Even if fees were charged. Or if later improvements were made whether or not the customer requested them. Without the written permission of the weight management consultant / psychologist, none of the items listed in the second sentence may be copied or distributed, either in whole or in part. The items referred to are only for the client’s internal use and may only be used for the purpose for which the weight management consultant / psychologist provided them.

Payment

  • Payment to the weight management consultant / psychologist shall be in cash or by bank transfer. The client will receive an invoice for the services or service-package. The client must have paid the invoice within fourteen days of the invoice date.
  • For every thirty days that payment has failed, the weight management 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 management consultant / psychologist is entitled to charge the statutory interest on the amount due on the first day of indebtedness, as well as all costs associated with the collection of the relevant claim including explicitly the collection costs by the collection agency and the costs of the court.

Force majeure 

The weight management consultant / 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 beginning of the sessions due to illness or any delay that would prevent the performance of his / her service obligations.  In the event that the performance is deemed permanently impossible,  the contract can be terminated for the part that has not yet been fulfilled. In that event, as a result of the dissolution of articulated damage, none of the parties shall be entitled to compensation.

Liability

  • The weight management consultant / psychologist’s advice and/or guidance is both practical in nature and result driven without ensuring that result.The results depend on the client’s actions. Client understands and agrees that the services offered are not to be interpreted as psychological counseling or therapy.
  • The weight management consultant / 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 management consultant / psychologist, unless there is intent or gross negligence on the part of the weight management consultant / psychologist.
  • Provided compensation-qualified damages are only the damages covered by the weight management consultant / psychologist’s insurer. The following restrictions must be observed. Not eligible for compensation are: trading losses, loss of income and the like due to any cause. The weight management consultant / psychologist is never liable for damage caused by third-party intent or gross negligence. In the event that the insurer of the weight management consultant / psychologist for whatever reason does not pay out, the weight consultant / psychologist’s liability shall be limited at all times to no more than twice the consultation rate. The weight management consultant / psychologist is not responsible or liable for the consequences of incorrect information stemming from an unknown and / or concealed health aspect. Client understands that it is important to be as honest, open and as comfortable as possible for services to be effective.

Governing law and jurisdiction

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