Article 1. Definitions
1.1 Terms: these General Terms and Conditions.
1.2 Other Party: the Party who enters into the Agreement.
The Other Party can be a Company or a Consumer.
1.3 Company: the Company who enters into the Agreement in order to
enable natural persons to participate in the (training) services provided by Mind5™ training.
1.4 Consumer: the natural person who enter into the Agreement in
order to participate in the (training) services provided by Mind5™ training.
1.5 Mind5™ training: Ms. R.B. Luijt, operating on the name of Mind5™ training,
located in (5215 MK) Den Bosch, at the Sterrenbeeld 25, the Netherlands, with chamber of commerce number: 63942658l, a company which provides physical and mental courses and workshops to enable personal growth.
1.6 Agreement: the agreement between Mind5™ training and the Other Party
regarding the (training) services of Mind5™ training, including any correspondence in Writing between the Parties in which the Parties can differ from the Terms.
1.7 Training Date: the date on which the training, work out of workshop of Mind5™ training is provided.
1.8 Parties: Mind5™ training and the Other Party.
1.9 Writing: by post or email.
1.10 Websites: https://www.mind5training.com and https://www.mind5training.nl, the websites of Mind5™ training.
2.1 The Terms apply to all offers made and all Agreements. The applicability of any terms
of any other party is rejected. Such general terms and conditions only apply if they are accepted in Writing by Mind5™ training.
2.2 Any variations from the Terms will be valid only if and in so far as expressly agreed
upon in Writing.
2.3 Mind5™ training is not bound by the Agreements in the event the Other Party could
reasonably understand that these, either in whole or partially, contain an obvious mistake or error.
2.4 If uncertainty exists regarding the interpretation of one or more provisions of the
Terms, the Parties are referred to the Agreement and the correspondence between the Parties. In case of any contradiction between the Terms and the Agreement, the Agreement prevails.
2.5 If Mind5™ training does not require a continuous strict compliance with the Terms, this
does not mean that its provisions do not apply, or that Mind5™ training to any degree would lose the right to otherwise demand strict compliance with the provisions of the Terms.
2.6 Mind5™ training is at all times entitled to modify the Terms. Changes will take effect
within a reasonable time after they are announced.
Article 3. Offers
3.1 All offers of Mind5™ training are informal unless they have a term hold for acceptance.
If an offer contains an informal offer and this offer is accepted by the Other Party, Mind5™ training has the right to withdraw this offer within 5 working days from receipt of the acceptance.
3.2 The prices stated in the offers are exclusive of any VAT and any costs, such as
transportation, shipping, administration fees and invoices from third parties, unless the offer explicitly mentions otherwise. If the Other Party is a natural person, the prices are including taxes.
3.3 If the offer is based on information provided by the Other Party and this information
proves to be incorrect or incomplete or changed afterwards, Mind5™ training is at all times entitled at any time to adjust the prices.
3.4 Offers and prices do not automatically apply to repeated orders.
Article 4. Conclusion of the Agreement
4.1 If the Other Party is a Company, the Agreement is concluded after the Other Party has
accepted the offer made by Mind5™ training by signing the offer.
4.2 Of the Other Party is a Consumer, the Agreement is concluded after registration by
the Other Party via online booking system Mollie Payments on the Websites and after payment via iDeal / or bank transfer has been made. Participation is only guaranteed after payment has been made.
4.3 Mind5™ training shall only be bound by verbal agreements after Mind5™ training has
confirmed these in Writing to the Other Party or when Mind5™ training started the implementation of these agreements without objection from the Other Party.
Article 5. Rights and obligations of Mind5™ training
5.1 If required in order to properly implement the Agreement, Mind5™ training has
the right to call in third parties. All this at the consideration of Mind5™ training.
5.2 Mind5™ training shall at all times be entitled to, for its own reasons, not enter
into the Agreement with the Other Party or to terminate the Agreement, without judicial interference my means of a Written statement without any liability for any damages.
Article 6. Obligations of the Other Party
6.1 The Other Party is obligated to make sure that it has timely provided all
required data in a way as requested by Mind5™ training, and that this data is both correct and complete.
6.2 The Other Party is obligated to fill in the Informed Consent Agreement
(“Toestemmingsverklaring/deelnemersbevestiging ”) and the questionnaire that shall be provided beforehand. Otherwise, the Other Party is not allowed to participate. The data provided is both correct and complete.
6.3 If the Other Party is a Company, it is the sole responsibility of the Other Party
to duly inform the Participants regarding the training, its goals and/or any risks. The Other Party shall be responsible for the (signing of the) Informed Consent Agreements and questionnaires.
6.4 If the Other Party is a Company, the Other Party is obligated to look for a
suitable substitute venue in case of bad weather conditions (i.e. rain, frosting, hail etc.) on the Training Date. The Other Party shall inform Mind5™ training accordingly and on a timely manner.
6.5 Mind5™ training shall give clear safety instructions at the beginning of the
Training Date. The Other Party is obligated to follow these.
Article 7. Price and payment conditions
7.1 All prices mentioned on the Websites are including VAT (if applicable)
and other levies that may be imposed by the government.
7.2 If between the date of the conclusion and the implementation of the Agreement
(cost) price increasing circumstances occur as a result of legislation and regulations, currency fluctuations or price changes by third parties engaged by Mind5™ training or suppliers etc., Mind5™ training is entitled to increase the agreed price and to charge the Other Party accordingly. The Other Party has the right to terminate the Agreement. This paragraph does not apply if the Other Party is a natural person.
7.3 Payment is made either by iDeal (Consumer) or by bank transfer to the
bank account of Mind5™ training (Company). Mind5™ training is at all times entitled to require (partial)advance payment by the Other Party.
7.4 Payment by bank transfer must be made within 14 days after the invoice date,
unless explicitly otherwise agreed upon. If the Other Party has not filed a justified complaint in Writing concerning the amount of the invoice within the payment date, it will be deemed to have approved that amount.
7.5 At the end of the term as mentioned in Paragraph 5, the Other Party will be in
default. As from that date, the Other Party will owe default interest. If the Other Party is a company, the commercial interest under Article 6:119a BW (“Dutch Civil Code”) is owed. The interest due will be calculated as from the default date until the date of full payment, without prejudice to further rights of Mind5™ training.
7.6 If the Other Party is in default in fulfilling its payment all costs to obtain
payment will be for the Other Party’s account. In any case, the Other Party is obligated to pay the extrajudicial collection costs of 15 % of the principal amount plus the statutory interest under Article 6: 119 BW. For the case, Mind5™ training starts legal proceedings, the Other Party is also held to reimburse the actual costs incurred. This includes in each case the costs of lawyers, bailiffs and process agents, and the court fee.
7.7 Any payments made by the Other Party will first go towards settling all interest
and costs due, and will secondly serve as payment of the oldest outstanding invoices.
Article 8. Cancellation policy for Consumers
8.1 The Consumer has the right of withdrawal within 14 days. The withdrawal
period will expire after 14 days from the day on which the Consumer entered into the Agreement (enlisting online). Mind5™ training shall reimburse the payment as soon as possible.
8.2 The right of withdrawal as mentioned in Paragraph 1 is excluded if the training
has taken place on a day before the withdrawal period has ended. The Consumer explicitly waives its right to withdrawal under these conditions.
8.3 If the Consumer cancels its participation entirely other than by using its right
to withdrawal, the following cancellation policy applies:
– if cancellation takes place more than 14 days before the Training Date, Mind5™ training shall reimburse 90 % of the total payment;
– if cancellation takes place between 14 and 7 days before the Training Date,
Mind5™ training shall reimburse 75 % of the total payment;
– if cancellation takes place between 6 days and 25 hours before the Training
Date, Mind5™ training shall reimburse 50 % of the total payment;
– if cancellation takes place within 24 hours before the Training Date, Mind5™ training shall not reimburse.
8.4 No reimbursement shall take place in the following cases:
– if the Parties agree on (an) alternative training date(s); or,
– if the Consumer found a replacement.
8.5 The Consumer is allowed to switch Training Dates twice due to injury or
personal circumstances. The Consumer will inform Mind5™ training accordingly. Mind5™ training cannot ensure adequate place at the desired new training / work out dates.
Article 9. Cancellation policy for Companies
9.1 If the Company cancels the Agreement, the following cancellation policy
– if cancellation takes place more than 14 days before the Training Date,
payment of 35 % of the total payment is due;
– if cancellation takes place between 14 and 7 days before the Training Date,
50 % of the total payment is due;
– if cancellation takes place between 6 and 3 days before the Training Date,
75 % of the total payment is due;
– if cancellation takes place within 2 days before the Training Date, Mind5™ training 100 % of the total payment is due.
9.2 The Company is fully responsible for the presence of the Participants. The
Company has no right to any discount if fewer Participants will participate than calculated in the Agreement, unless Mind5™ training agrees to such discount in Writing.
Article 10. Force Majeure
10.1 If Mind5™ training or the Other Party cannot fulfil its obligations toward the
other party due to a non-imputable failure (force majeure), Mind5™ training is entitled to dissolve the Agreement or suspend its obligations for a reasonable period of time without any liability for any damages.
10.2 For the purposes of the Terms, the term ‘force majeure’ means, besides the
meaning given by law and jurisdiction, all external causes, either foreseen or unforeseen, on which the Parties have no influence, due to which the Parties are unable to meet their obligations, including illness of (the employees of) Mind5™ training, bad weather conditions etc.
10.3 If Mind5™ training has already fulfilled part of its obligations upon the
occurrence of the event of force majeure, the Other Party will be required to fulfil its obligations until that moment.
Article 11. Liability and indemnification
11.1 Mind5™ training does not accept any liability other than the agreed upon the liability as
specified in this Article 11.
11.2 Notwithstanding Paragraph 1, Mind5™ training is only liable for direct damages and
only if this is the result of breach of contract in the performance of the Agreement on the part of Mind5™ training. Any liability for consequential damages, including loss of profits and other losses, loss caused by stagnation, loss caused by personal, mental or bodily injury and / or team disruption or internal conflicts is expressly excluded.
11.3 Mind5™ training is not liable for damages on clothing or other personal belongings of
the Other Party, including telephones, laptops etc.
11.4 Mind5™ training is not liable for damages as a result of any data security breach or other
loss of data.
11.5 If Mind5™ training is liable for the damages of the Other Party, this liability is at all
times limited to the amount paid by the professional liability insurance company. In the event the insurance company does not pay or the damage is not covered by the company, the liability is limited to the invoice amount.
11.6 Mind5™ training does not have to compensate any damages in case of force majeure.
11.7 The Other Party indemnifies Mind5™ training for any damages on material used by
Mind5™ training in the training and / or personal injury, if these damages are caused by intent, deliberate recklessness or if the Other Party acts contrary to any instructions given by Mind5™ training. The Other Party indemnifies Mind5™ training for any damages to other belongings of Mind5™ training.
11.8 The Other Party indemnifies Mind5™ training expressly for all third party claims,
including the participants of the Other Party, for compensation of damages.
11.9 The Other Party is obliged to take all measures necessary to prevent or limit damages,
including taking orders from and follow instructions of Mind5™ training during the courses.
11.10 The limitations of liability as set out in this Article shall not apply if the damages are
caused by intent and / or deliberate recklessness of the Mind5™ training.
Article 12. Confidentiality
12.1 The Other Party shall keep confidential all information regarding the offer and the Agreement,
including the terms and conditions and the program-content of the training courses of Mind5™ training, in whatever form or manner. All confidential information and other information relating to the other party will be solely used for the purposes of the Agreement. The duty of confidentiality governing such information shall survive the termination of the Agreement. The mutual information shall not be used for other purposes than the performance of the Agreement.
12.2 This confidentiality clause does not apply to any information which is publicly known or
which must be published due to a legal obligation or judgement. This confidentiality clause does also not apply to confidential information that would have been published regardless the breach of contract.
12.3 In the event of a breach of this confidentiality clause, Mind5™ training shall have the right,
without any judicial intervention and without notice of default, to request the Other Party to pay a immediately due and not open to mitigation contractual fine of EUR 50.000,– for each individual case of breach of contract. Payment of a contractual fine shall not affect the right of Mind5™ training to claim damages.
Article 13. Termination
Notwithstanding other provisions of the Terms, Mind5™ training has the right to dissolve the
Agreement, without further notice or judicial intervention, by means of a written declaration, if the Other Party:
a. is declared bankrupt or its bankruptcy is requested;
b. requested suspension of payments;
c. is placed under guardianship or administration;
d. otherwise loses the power or capacity to act with regard to its assets or parts
Article 14. Personal data
14.1 Mind5™ training processes personal data in the context of the Agreement in accordance
with the Personal Data Act (“Wet Bescherming Persoonsgegevens”) and the General Data Protection Regulation (“Algemene Verordening Gegevensbescherming”).
14.2 All data regarding the (mental) health of the Participant is necessary in order to
provide the best possible training and to ensure the health and safety of the Participants. The Other Party gives its consent explicitly via the Informed Consent Agreement and the questionnaire which are provided to the Participant beforehand.
14.3 The method and purposes of processing of the data are mentioned in the Privacy
Statement, which is published on the Websites. Mind5™ training shall take necessary security measures in order to secure the safety of personal data.
Article 15. Complaints
15.1 If the Other Party has complaints regarding the services or the invoice of Mind5™ training, the Other Party must file such complaint in writing immediately, at the latest within 5 days after the discovery of the complaint / after the invoice date.
15.2 Mind5™ training shall investigate this complaint and inform the Other Party within 7
days after receipt of the complaint. If a complaint is valid, Mind5™ training may choose how to compensate, i.e. (partial) reimbursement, substitute training etc.
15.3 Even if the Other Party files a complaint in time, its obligation to make
payment will continue to apply, unless the Other Party is a Consumer.
Article 16. Miscellaneous
16.1 If any provision of the Terms is invalid or annulled, the other provisions of the
Terms remain in full force. The Parties will then consult in order to agree on new legally acceptable provisions to replace the invalid provisions, while the purpose and intent of the original provisions are observed as much as possible.
16.2 If uncertainty exists regarding the interpretation of one or more provisions of the Terms,
or if a situation occurs between the Parties that is not regulated by the Terms, then the situation should be judged in the spirit of the Terms.
16.3 The Terms and the Agreements are governed by Dutch Law. Disputes arising between
the Parties shall be exclusively submitted to the competent court of the place where Mind5™ training is seated, unless otherwise stated by mandatory law. This provision is without prejudice to the right of Mind 5 training to submit a dispute to the competent court according to the law.
Version December 2017