TERMS AND CONDITIONS
(Training)
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​Terms of Service for Gym Duck VOF
Effective date: 30th October 2024
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Gym Duck VOF (hereinafter: Gym Duck) is registered with the Chamber of Commerce under number 94953066 and has its registered office at Geograaf 16, 6921 EW Duiven.
Article 1 – Definitions
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In these general terms and conditions, the following terms are used in the following senses, unless expressly stated otherwise.
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Offer: any offer or quotation to the Client for the provision of Services by Gym Duck.
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Business: The natural or legal person who acts in the exercise of a profession or business.
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Consumer: The natural person who is not acting in the exercise of a profession or business.
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Participant: the natural person who actually participates in the Services.
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Services: the Services of Gym Duck are personal training, small group training, duo training, boot camp, nutritional advice, sports lessons as well as sports activities in the broadest sense of the word as well as lifestyle coaching.
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Gym Duck: Gym Duck.
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Client: the Company or Consumer that Gym Duck has appointed, or to which Gym Duck has made a proposal on the basis of an Agreement.
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Agreement: any Agreement, Monthly Pass, Multi-Session Card and other obligations between the Client and Gym Duck, as well as proposals from Gym Duck for Services provided by Gym Duck to the Client and which are accepted by the Client and have been accepted and executed by Gym Duck, making these general terms and conditions an indivisible whole.
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Multi-Session Card: the Agreement that gives the Client the right to use an agreed number of sessions on the Multi-Session Card for the Services of Gym Duck.
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Monthly Pass: the Agreement that gives the Client the right to use an agreed number of weekly sessions per period of 4 weeks for the Services of Gym Duck.
Article 2 – Applicability
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These general terms and conditions apply to every Offer of Gym Duck, every Agreement between Gym Duck and the Client and to every service offered by Gym Duck.
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Before an Agreement is concluded, the Client gets access to these general terms and conditions. If this is not reasonably possible, Gym Duck will indicate to the Client how the Client can view the general terms and conditions.
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Deviation from these general terms and conditions is not possible. In exceptional situations, the general terms and conditions can be deviated from insofar as this has been explicitly agreed in writing with Gym Duck.
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These general terms and conditions also apply to additional, amended and follow-up assignments from the Client.
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The minimum age of the Client must be 18 years, unless the minor of 16 years or older has obtained explicit written permission from his/her parent(s) and/or legal guardian.
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If one or more provisions of these general terms and conditions are partially or completely null and void or are annulled, the other provisions of these general terms and conditions will remain in force, and the null and void provision(s) will be replaced by a provision with the same purport as the original provision.
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Ambiguities about the content, explanations or situations that are not regulated in these general terms and conditions must be assessed and interpreted in accordance with the spirit of these general terms and conditions.
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The applicability of Sections 7:404 of the Dutch Civil Code and 7:407(2) of the Dutch Civil Code is explicitly excluded.
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If these terms and conditions refer to he/her, this shall also be construed as a reference to he/him/his, if and to the extent applicable.
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In the event that Gym Duck has not always required compliance with these general terms and conditions, it retains its right to demand full or partial compliance with these general terms and conditions.
Article 3 – The Offer
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All offers made by Gym Duck are without obligation, unless expressly stated otherwise in writing. If the Offer is limited or valid under specific conditions, this will be explicitly stated in the Offer.
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Gym Duck is only bound by an Offer if this is confirmed in writing by the Client within 30 days. Nevertheless, Gym Duck has the right to refuse an Agreement with a (potential) Client for a valid reason for Gym Duck.
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The offer contains a description of the Services offered. The description is sufficiently specified so that the Client is able to make a proper assessment of the offer. Any information in the offer is only an indication and cannot be grounds for any compensation or dissolution of the Agreement.
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Offers or quotations do not automatically apply to follow-up orders.
Article 4 – Conclusion of the Agreement
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The Agreement is concluded at the time that the Client accepted an Offer or Agreement of Gym Duck by scheduling an appointment with Gym Duck.
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Gym Duck is not bound by an Offer if the Client could reasonably have expected or should have understood that the Offer contains an obvious mistake or clerical error. The Client cannot derive any rights from this mistake or clerical error.
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Any Agreement entered into with Gym Duck is the property of the company and not of any individual person associated with Gym Duck.
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The Client's right of withdrawal as a Company is excluded, unless otherwise agreed. The Client, being a Consumer, has the right to withdraw during the statutory period of 14 days, unless Gym Duck has already commenced the Services with the Client's permission. By means of this consent, the Client waives its right of withdrawal.
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If the Agreement is entered into by several Clients, each Client is jointly and severally liable for the fulfilment of all obligations arising from the Agreement.
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The Agreement is strictly personal and non-transferable.
Article 5 – Duration of the Agreement
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The Agreement is entered into for an indefinite period, unless the content, nature or purport of the assignment implies that it has been entered into for a specific period of time. Multi-Session cards are valid for the duration of 3 years. Monthly cards have a minimum term of 3 months, followed by a notice period of 1 month.
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Both the Client and Gym Duck can dissolve the Agreement on the basis of an attributable shortcoming in the fulfilment of the Agreement if the other party has been given written notice of default and has been given a reasonable period to fulfil its obligations and it still fails to fulfil its obligations correctly. This also includes the payment and cooperation obligations of the Client.
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The dissolution of the Agreement does not affect the Client's payment obligations insofar as Gym Duck has already performed work or performed at the time of the dissolution. The Client must pay the agreed fee.
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The Multi-Session card entitles you to attend the number of sessions to which it entitles you. The Multi-Session card is valid for 3 years.
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The Monthly Card entitles you to attend the number of weekly sessions to which it entitles you, during a 4-week period. The Monthly Card has a minimum term of 3 months, followed by a notice period of 1 month.
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Both the Client and Gym Duck can terminate the Agreement in whole or in part in writing with immediate effect without further notice of default in the event that Gym Duck is in suspension of payments, bankruptcy has been filed or the relevant business of Gym Duck ends by liquidation. If a situation as mentioned above occurs, Gym Duck is never obliged to refund any money already received and/or compensation.
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If an appointment that has already been scheduled is cancelled and/or rescheduled by the Client within 24 hours of the start date, Gym Duck is entitled to charge the Client for the time reserved for this on the basis of the set (hourly) rate, as well as costs already incurred for the performance of the Agreement.
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In the event of a long-term injury or illness of the participant, Gym Duck will freeze the process so that the Client does not lose any training sessions. The Multi-Session card remains valid for 3 years and monthly cards are frozen until the participant has recovered. If the injury or illness lasts longer than one year, Gym Duck will refund the remaining training sessions to the Client, after submission of a medical certificate from the relevant doctor or specialist
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If a trainer is absent due to illness, the Client is entitled to make up for a training session on another date in consultation with (and to the agenda of) the trainer.
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During the training, the Client can use the materials provided by the trainer. If the Client wishes to use other training materials during a training, the Client must take care of this himself. Gym Duck is not responsible if desired training material is not available during a training.
Article 6 – Performance of the Service
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Gym Duck will make every effort to perform the agreed Service with the greatest possible care as may be expected of a good service provider. Gym Duck guarantees a professional and independent service.
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The information and data provided by the Client are the basis on which the Services offered by Gym Duck and the prices are based. Gym Duck has the right to adjust its services and its prices if the information provided turns out to be incorrect and/or incomplete.
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In the performance of the Services, Gym Duck is not obliged to follow the instructions of the Client if this changes the content or scope of the agreed Services. If the instructions result in further work for Gym Duck, the Client is obliged to reimburse the additional additional costs accordingly on the basis of a new quotation.
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The Client and/or Participant must complete a medical questionnaire before starting the training.
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Gym Duck is entitled to engage third parties for the performance of the Services at its own discretion.
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If the nature and duration of the assignment require it, Gym Duck will keep the Client informed of the progress by means of a short report on a monthly basis in the agreed manner. Details will be passed on to the Client by telephone or via app.
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The performance of the Services is based on the information provided by the Client. If the information needs to be changed, this may have consequences for any established planning. Gym Duck is never liable for adjusting the planning. If the commencement, progress or delivery of the Services is delayed because, for example, the Client has not provided all requested information or has not provided it on time, or has not provided it in the desired format, does not provide sufficient cooperation, any advance payment has not been received by Gym Duck in time or there is a delay due to other circumstances that are at the expense and risk of the Client, Gym Duck is entitled to a reasonable extension of the delivery period. All damage and additional costs as a result of delay due to a cause as mentioned above are at the expense and risk of Client.
Article 7 – Obligations of the Client
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The Client is obliged to provide all information requested by Gym Duck as well as relevant appendices and related information and data in a timely manner and/or before the start of the Services and in the desired form for the correct and efficient execution of the Agreement. In the absence of this, Gym Duck may not be able to realize a complete execution and/or delivery of the relevant pieces. The consequences of such a situation are at all times at the expense and risk of the Client.
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Gym Duck is not obliged to check the accuracy and/or completeness of the information provided to it or to update the Client with regard to the information if it has changed over time, nor is Gym Duck responsible for the accuracy and completeness of the information compiled by Gym Duck for third parties and/or provided to third parties in the context of the Agreement.
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Gym Duck may, if necessary for the execution of the Agreement, request additional information. In the absence thereof, Gym Duck is entitled to suspend its activities until the information has been received, without being obliged to pay any compensation for any reason whatsoever towards the Client. In the event of changed circumstances, the Client must notify Gym Duck immediately or no later than 3 working days after the change has become known.
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The Client has a duty to report (potential) health risks related to sports. Client is obliged to indicate to Gym Duck before the start of a training session or before using the equipment and/or aids of Gym Duck if he suffers from injuries and/or uses medication that prevents him from participating in a normal way. The Client is responsible and liable for the failure to provide this information, or not to provide it in a timely manner and/or in full. The client must complete a medical questionnaire for this.
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All (physical) damage as a result of using the tools and/or facilities as well as participation in the training is entirely at the Client's own risk and responsibility.
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The client must comply with the rules of conduct. In the absence of this, Gym Duck is entitled to deny the Client the training.
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The use of the facilities of or made available by Gym Duck is entirely at your own risk and responsibility.
Article 8 – (Nutritional) tips, advice and coaching
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If instructed to do so, Gym Duck can draw up tips and/or a plan of action for the benefit of the service. The content of this is not binding and only advisory in nature, but Gym Duck will observe its duties of care. The client decides for itself and on its own responsibility whether to follow the advice.
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The tips provided by Gym Duck, in whatever form, can never be regarded as medical or diet tips. The Services of Gym Duck are expressly not intended as regular medical treatment or its replacement by a general practitioner or medical specialist, nor as treatment or replacement thereof by a dietician. If the Client interprets this advice as medical or dietary advice, the Client must first consult with a trained specialist. The advice only contains general tools for a more conscious lifestyle. In the event of acute or chronic health complaints or worsening of health complaints, the Client c.q. Participant is strongly advised to contact the treating doctor or medical specialist immediately.
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At the first request of Gym Duck, the Client is obliged to assess the proposals provided to him. If Gym Duck is delayed in its work because the Client does not provide an assessment of a proposal made by Gym Duck or does not provide it in time, the Client is at all times responsible for the consequences arising from this, such as delay.
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The nature of the service entails that the result is at all times dependent on external factors that can influence Gym Duck's tips, such as the quality, accuracy and timely delivery of the necessary information and data from the Client. The Client is responsible for the quality and for the timely and correct delivery of the necessary data and information.
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The Client will notify Gym Duck in writing prior to the start of the work of all circumstances that are or may be important, including any points and priorities for which the Client wishes attention.
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In addition to the personal training, the client can also purchase personal coaching. This personal coaching can only be done in combination with personal training (no separate coaching). In this coaching, attention is paid to personal mindset and balance. The Client is at all times responsible for the use of the coaching and for the purposes for which it was provided, the achievement of the objectives and results intended by the Client and the observance of (safety) instructions and precautions.
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Coaching programs can be tax deductible for entrepreneurs. However, this is not a guarantee. Gym Duck is not responsible or liable in the event that a coaching program is not tax deductible in a specific case.
Article 9 – Training
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Gym Duck can provide a Service for the Client and/or other participants. In the case of a small group training, Gym Duck is entitled to limit the number of participants.
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If the Participant is not present in time for the session, Gym Duck has the right to refuse the Participant in question for the session. Unless otherwise expressly agreed, the Participant is not entitled to a refund of money already paid or to catch up on a training via the Multi-Session Card or Monthly Card.
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The Service is tailored as far as possible to the wishes and needs of the Participant(s) concerned.
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Prior to the start of the Service, the Participant shall notify Gym Duck in writing of all circumstances that are or may be important, including any points and priorities for which the Client wishes attention. This also includes any medical complaints and/or injuries that may limit or hinder a normal participation for the Participant.
Article 10 – Complementary work and amendments
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If, during the execution of the Agreement, it appears that the Agreement needs to be amended, or further work is required at the request of the Client to achieve the desired result of the Client, the Client is obliged to pay for this additional work according to the agreed rate. Gym Duck is not obliged to comply with this request, and may require the Client to draw up a separate Agreement for this purpose.
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If the additional work is the result of negligence on the part of Gym Duck, Gym Duck has made an incorrect estimate or could reasonably have foreseen the work in question, these costs will not be passed on to the Client.
Article 11 – Prices and payment
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All prices include sales tax (VAT) and exclude other costs, such as other government levies, administration costs and costs of third parties, unless otherwise agreed.
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Gym Duck performs its services in accordance with the agreed rate in accordance with the chosen package. Gym Duck invoices the training in advance. The amount must be paid in one go, unless otherwise agreed.
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The Client is obliged to fully reimburse the costs of third parties, which are used by Gym Duck after the Client's approval, unless explicitly agreed otherwise.
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The Client cannot derive any rights or expectations from a pre-issued budget, unless the parties have expressly agreed otherwise.
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Gym Duck is entitled to increase the applicable prices and rates annually in accordance with the applicable inflation rates. Other price changes during the Agreement are only possible if and insofar as they are expressly laid down in the Agreement.
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The Client must pay these costs at once, without settlement or suspension, within the specified payment term of no more than 3 days as stated on the invoice, to the account number and details of Gym Duck.
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In the event of personal bankruptcy or a request for payment against the Client, the payment and all other obligations of the Client under the Agreement will become immediately due and payable.
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Participation in the training will be blocked as long as the payment obligation has not been met. Gym Duck is entitled to terminate the relationship with the Client in the event of payment arrears, without the payment obligation being cancelled.
Article 12 – Debt collection policy
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If the Client does not meet its payment obligation, and has not fulfilled its obligation within the set payment term, the Client being a Company is in default by operation of law. The Client, being a Consumer, will first receive a reminder by e-mail with a period of 14 days after the date of the reminder to comply with the payment obligation, including a statement of the extrajudicial costs if the Consumer does not meet its obligations within that period, before it becomes in default.
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From the date that the Client is in default, Gym Duck will be entitled to the statutory commercial interest from the first day of default until full payment, and reimbursement of the extrajudicial costs in accordance with Article 6:96 of the Dutch Civil Code, to be calculated in accordance with the graduated scale from the Decree on compensation for extrajudicial collection costs of 1 July 2012.
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If Gym Duck has incurred more or higher costs that are reasonably necessary, these costs are eligible for reimbursement. The full legal and enforcement costs incurred are also borne by the Client.
Article 13 – Privacy, data processing and security
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Gym Duck handles the (personal) data of the Client with care and will only use it in accordance with the applicable standards. If requested, Gym Duck will inform the person concerned about this.
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The Client is responsible for the processing of data that is processed using a service of Gym Duck. The Client also guarantees that the content of the data is not unlawful and does not infringe any rights of third parties. In this context, the Client indemnifies Gym Duck against any (legal) claim related to this data or the execution of the Agreement.
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If Gym Duck is required to provide information security on the basis of the Agreement, this security will comply with the agreed specifications and a level of security that is not unreasonable, taking into account the state of the art, the sensitivity of the data, and the associated costs.
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The Client is prohibited from taking photos and/or images of others in and around the location. In the event of a violation of this, Gym Duck is entitled to suspend or terminate the Agreement with immediate effect.
Article 14 – Suspension and dissolution
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Gym Duck has the right to retain the data, data files and more received or realized by it if the Client has not yet (fully) fulfilled its payment obligations. This right remains in full force and effect if a well-founded reason for Gym Duck arises, which justifies suspension in that case.
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Gym Duck is entitled to suspend the fulfilment of its obligations as soon as the Client is in default of any obligation arising from the Agreement, including late payment of its invoices. The suspension will be confirmed immediately in writing to the Client.
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In that case, Gym Duck is not liable for damage, for whatever reason, as a result of the suspension of its activities.
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The suspension (and/or dissolution) does not affect the Client's payment obligations for work already performed. In addition, the Client is obliged to compensate Gym Duck for any financial loss that Gym Duck suffers as a result of the Client's default.
Article 15 – Force majeure
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Gym Duck is not liable if it is unable to fulfil its obligations under the Agreement as a result of a force majeure situation.
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Force majeure on the part of Gym Duck is in any case understood to mean, but is not limited to: (i) force majeure of suppliers of Gym Duck, (ii) failure to properly comply with obligations of suppliers that have been prescribed or recommended to Gym Duck by the Client or its third parties, (iii) defectiveness of software or any third parties involved in the performance of the service, (iv) government measures, (v) pandemic and/or epidemic, (vi) failure of electricity, internet, data network and/or telecommunications facilities, (vii) illness of employees of Gym Duck or advisors engaged by it and (viii) other situations that, in the opinion of Gym Duck, fall outside its sphere of influence that temporarily or permanently prevent the fulfilment of its obligations.
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In the event of force majeure, both Parties have the right to dissolve the Agreement in whole or in part. In that case, all costs incurred before the dissolution of the Agreement will be paid by the Client. Gym Duck is not obliged to compensate the Client for any losses caused by such withdrawal.
Article 16 – Limitation of liability
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In the event of an attributable failure on the part of Gym Duck, Gym Duck is only obliged to pay any compensation if the Client has given Gym Duck notice of default within 14 days of discovering the shortcoming and Gym Duck has subsequently failed to remedy this shortcoming within a reasonable period of time. The notice of default must be submitted in writing and must contain such an accurate description/substantiation of the shortcoming, so that Gym Duck is able to respond adequately.
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If the provision of Services by Gym Duck leads to liability on the part of Gym Duck, that liability is limited to the total amount invoiced in the context of the Agreement, but only with regard to the direct damage suffered by the Client, unless the damage is the result of intent or recklessness bordering on intent on the part of Gym Duck. Direct damage is understood to mean: reasonable costs incurred to limit or prevent direct damage, the determination of the cause of the damage, the direct damage, the liability and the method of repair. The liability is also further limited to the maximum amount paid out by its insurance company per claim per year.
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Gym Duck expressly excludes all liability for consequential damages. Gym Duck is not liable for indirect damage, trading loss, loss of profit and/or loss suffered, lost savings, damage due to business interruption, capital losses, delay damage, interest damage and immaterial damage.
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Gym Duck is not liable for theft and/or damage or loss of (personal) property.
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Gym Duck is also not liable for physical injury, health complaints and/or psychological problems caused by injuries, participation in training, coaching and/or accidents. Any participation of the Client or Participant takes place at the participant's own risk and responsibility. The Client/Participant is responsible for the choice he/she makes to use a device/aid or to participate in a training or coaching. In the event of participation by disabled persons, the relevant supervisor and/or legal representative must at all times provide appropriate guidance or on notification from Gym Duck. Any injuries or medication use must be made known to the trainer prior to the use of the equipment/aids. Gym Duck is never liable for (physical) damage resulting from this.
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The Participant and/or Client is liable for damage that he or she causes through fault or intent (including negligence) to third parties, the environment in which training takes place or to the tools and/or equipment of or made available by Gym Duck.
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The Client indemnifies Gym Duck against all claims from third parties as a result of a defect as a result of a service provided by the Client to a third party and also consisted of Services provided by Gym Duck, unless the Client can demonstrate that the damage was exclusively caused by the service provided by Gym Duck.
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Advice provided by Gym Duck, based on incomplete and/or incorrect information provided by the Client, is never grounds for liability of Gym Duck.
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The content of the advice provided by Gym Duck is not binding and is only advisory in nature. The client decides for himself and on his own responsibility whether to follow the proposals and advice of Gym Duck mentioned herein. All consequences arising from the follow-up of the advice are at the expense and risk of the Client. The Client is at all times free to make its own choices that deviate from the advice provided by Gym Duck. Gym Duck is not obliged to make any form of refund if this is the case.
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If a third party is engaged by or on behalf of the Client, Gym Duck is never liable for the actions and advice of the third party engaged by the Client as well as the processing of results (of the advice drawn up) of the third party engaged by the Client in Gym Duck's own advice.
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Gym Duck does not guarantee the correct and complete transmission of the content of and e-mail sent by/on behalf of Gym Duck, nor for the timely receipt thereof.
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Claims against Gym Duck will lapse if they have not been reported to Gym Duck in writing and substantiated within one year after the Client was aware or could reasonably have been aware of the facts on which it bases its claims. One year after the termination of the Agreement between the parties, Gym Duck's liability lapses.
Article 17 – Confidentiality
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Gym Duck and the Client undertake to maintain the confidentiality of all confidential information obtained in the context of an assignment. Confidentiality arises from the assignment and must also be assumed if one can reasonably expect that it concerns confidential information. The confidentiality does not apply if the information in question is already public/generally known, the information is not confidential and/or the information has not been disclosed to Gym Duck during the Agreement with the Client and/or has been obtained by Gym Duck in any other way.
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In particular, the confidentiality relates to advice drawn up by Gym Duck and/or reporting regarding the assignment of the Client. Furthermore, Gym Duck always exercises the required care in dealing with all business-sensitive information provided by the Client.
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If Gym Duck is obliged to provide the confidential information to a third party designated by law or competent court or to a third party designated by law or a competent court and Gym Duck cannot invoke a right of non-disclosure, Gym Duck is not obliged to pay any compensation and the Client does not give grounds for dissolution of the Agreement.
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The transfer or dissemination of information to third parties and/or the publication of statements, advice or productions provided by Gym Duck to third parties requires the written consent of Gym Duck, unless such permission has been expressly agreed in advance. The Client shall indemnify Gym Duck against any and all claims of such third parties as a result of reliance on such information disseminated without the written consent of Gym Duck.
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Gym Duck also imposes the confidentiality obligation on the third parties it engages.
Article 18 – Intellectual Property Rights
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All IP rights and copyrights of Gym Duck, including but not limited to all designs, models, reports and advice, are vested exclusively in Gym Duck and will not be transferred to the Client unless expressly agreed otherwise.
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If it has been agreed that one or more of the aforementioned items or works of Gym Duck will be transferred to the Client, Gym Duck is entitled to enter into a separate Agreement for this and to demand appropriate monetary compensation from the Client. Such a fee must be paid by the Client before it acquires the goods in question or works with the IP rights resting on them.
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The Client is prohibited from disclosing and/or reproducing, modifying or making available to third parties (including use for commercial purposes) all works, pieces and software on which the IP rights and copyrights of Gym Duck rest, without the express prior written consent of Gym Duck. If the Client wishes to make changes to goods delivered by Gym Duck, Gym Duck must explicitly agree to the intended changes.
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The Client is prohibited from using the goods and documents on which Gym Duck's intellectual property rights rest other than as agreed in the Agreement.
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The parties will inform each other and take joint measures if an infringement of IP rights occurs.
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The participant gives Gym Duck permission to use image and video material of the training sessions for editorial or promotional purposes.
Article 19 – Disclaimer and accuracy of information
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The Client is responsible for the accuracy, reliability and completeness of all data, information, documents and/or documents, in whatever form, that it provides to Gym Duck in the context of an Agreement, as well as for the data that it has obtained from third parties and that have been provided to Gym Duck for the purpose of the performance of the Service.
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The Client indemnifies Gym Duck from any liability arising from the failure or late fulfilment of the obligations with regard to the timely provision of all correct, reliable and complete data, information, documents and/or documents.
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The Client indemnifies Gym Duck against all claims of the Client, based on the failure to obtain any permissions required in the context of the execution of the Agreement (in a timely manner).
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The Client indemnifies Gym Duck against all claims from third parties arising from the work performed on behalf of the Client, including but not limited to intellectual property rights to the data and information provided by the Client that can be used in the execution of the Agreement.
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If the Client provides electronic files, software or information carriers to Gym Duck, the Client guarantees that these are free of viruses and defects.
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Article 20 – Complaints
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If the Client is not satisfied with the Services of Gym Duck or otherwise has complaints about the execution of his assignment, the Client is obliged to report these complaints as soon as possible, but no later than 7 calendar days after the relevant reason that led to the complaint. Complaints can be reported verbally or in writing via info@gymduck.com with the subject "Complaint".
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The complaint must be sufficiently substantiated and/or explained by the Client in order for Gym Duck to be able to handle the complaint.
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Gym Duck will respond to the complaint as soon as possible, but no later than 7 calendar days after receipt of the complaint.
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The parties will try to find a solution together.
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Article 21 – Applicable law
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The legal relationship between Gym Duck and the Client is governed by Dutch law.
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Gym Duck has the right to change these general terms and conditions and will inform the Client of this.
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All disputes arising from or as a result of the Agreement between Gym Duck and the Client will be settled by the competent judge of the court in The Hague, unless provisions of mandatory law lead to jurisdiction of another court.
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