1. Definitions

In these Terms and Conditions, the following terms are used:

• Client: The natural or legal person who has engaged Richard Dirksen or www.intuitiverunning.store to provide services.
• Participant: The natural person who makes use of the services of Richard Dirksen or www.intuitiverunning.store.
• Services: All activities for which an assignment has been given or which result from it and are related to it. This in the broadest sense of the word.
• Agreement: Any agreement between the client and Richard Dirksen or www.intuitiverunning.store for the provision of services.
• Seminar: Any activity where Richard Dirksen or www.intuitiverunning.store works with a group of participants on a specific topic.
• Workshop: A training session where participants can register individually.
• Present-Day: A half-day session for participants who have completed the online course for personal (intuitive running) training, advice, and feedback.
  
  

2. Applicability

These conditions apply to all offers and agreements where Richard Dirksen or www.intuitiverunning.store provides or offers services from May 1, 2024. These conditions also apply to any agreement where Richard Dirksen or www.intuitiverunning.store engages third parties. Deviations from these conditions are only valid if agreed upon in writing between the client and Richard Dirksen or www.intuitiverunning.store. Any purchasing conditions of the client do not apply unless Richard Dirksen or www.intuitiverunning.store has expressly agreed in writing. If one or more provisions of these conditions are null and void or are annulled, the remaining provisions will remain in force. The client and Richard Dirksen or www.intuitiverunning.store will then consult to agree on new provisions to replace the relevant provisions. These conditions also apply to any extensions, additions, or follow-up assignments from the client to Richard Dirksen or www.intuitiverunning.store.

3. Formation of the Agreement

All offers from Richard Dirksen or www.intuitiverunning.store are non-binding and are valid for 14 days (unless otherwise stated). Richard Dirksen or www.intuitiverunning.store is only bound by an offer if the client accepts the offer within the specified period without reservation or change. The prices in the offers include VAT unless otherwise stated. An agreement is concluded when the client accepts the offer without reservation and without changes. Acceptance occurs by signing the offer or by accepting the offer via email or through confirmation on the website. An agreement is also concluded when Richard Dirksen or www.intuitiverunning.store confirms the arrangements with the client in writing or by email and the client does not dispute the accuracy of these arrangements within 10 working days (or before the start of the work). The content of the offer is considered an agreement after acceptance by the client.

4. Execution of the Agreement / Obligation of Effort

Every agreement leads to an obligation of effort for Richard Dirksen or www.intuitiverunning.store, where they are required to fulfill their obligations to the best of their knowledge and ability, with care and the necessary expertise. In all cases where Richard Dirksen or www.intuitiverunning.store deems it necessary, certain work can be carried out by third parties. This will of course be done in consultation with the client. If a term has been agreed upon for the performance of certain work by Richard Dirksen or www.intuitiverunning.store, this is not a strict deadline unless explicitly agreed otherwise. Exceeding the agreed term therefore does not constitute an attributable shortcoming by Richard Dirksen or www.intuitiverunning.store. For this reason, the client cannot dissolve the agreement and has no right to compensation. If the agreed term is exceeded, the client can, however, set a new, reasonable term within which the contractor must perform the agreement. Exceeding this new term may give the client grounds to terminate the agreement. Richard Dirksen or www.intuitiverunning.store is not liable for damage caused by the execution of the agreement.

5. Cancellation

Cancelling a coaching session is free of charge up to 5 working days in advance by email. For cancellations up to 2 working days in advance (by email), 33% of the costs will be charged. For cancellations within 48 hours (by email and SMS), all costs of the coaching session will be charged. Cancelling seminars, workshops, or ‘present-days’ is free of charge up to 4 weeks in advance by email. For cancellations up to 1 week in advance (by email), 50% of the costs will be charged. For cancellations within 1 week (by email and SMS), 100% of the training costs will be charged. Cancelling an in-company training costs 10% of the quoted price up to 4 weeks in advance. For cancellations up to 2 weeks in advance, 50% of the costs will be charged. For cancellations within 2 weeks before the start of the training, 100% of the costs will be charged. Replacing participants in a seminar, workshop, ‘present-day’ or personal coaching is always free of charge. If a participant does not show up for a coaching session or training, this will be considered a cancellation. Rescheduling a seminar, workshop, ‘present-day’ or coaching session is considered a cancellation. Richard Dirksen or www.intuitiverunning.store can cancel a seminar, workshop, ‘present-day’ or coaching session up to 24 hours in advance without the right to cancellation or compensation. Richard Dirksen or www.intuitiverunning.store will only do this if there is really no other option.

6. Money-Back Guarantee

All services provided by Richard Dirksen or www.intuitiverunning.store come with a money-back guarantee. If the client clearly indicates within 1 week after the service has been provided that they are not satisfied with the service, the amount paid will be refunded. If this guarantee is used, the agreement will be dissolved and no further services will be provided.

7. Intellectual Property

All intellectual property rights to materials made available in the context of the execution of the agreement remain with Richard Dirksen or www.intuitiverunning.store. The client and the participant may not use the materials for purposes other than those strictly necessary for the execution of the agreement, unless written (or by email) permission has been granted. Richard Dirksen or www.intuitiverunning.store may use insights gained during the execution of the agreement for other purposes. They may not disclose confidential information to third parties. Furthermore, they must ensure that the information cannot be traced back to an individual participant.

8. Prices and Payment

The applicable prices are stated in the agreement. These prices include government levies (such as VAT) and exclude travel costs and other costs incurred for the client. Richard Dirksen or www.intuitiverunning.store have the right to adjust these prices in consultation with the client for long-term projects (longer than 6 months) to the changed price index or due to government measures. The payment term is before the start of the seminar, workshop, ‘present-day’, (online) coaching or course, taking into account cancellation periods, unless otherwise agreed in writing. Payment is made as agreed and without deduction, set-off, or suspension for any reason. After the expiry of the payment term or payment agreement, the client is in default. From that moment on, the client owes interest on the due amount at the statutory interest rate. The client’s payment will always first be used to pay due interest and costs. Payment will then be used to pay the invoices that have been outstanding the longest, even if the client states otherwise. If Richard Dirksen or www.intuitiverunning.store takes collection measures against defaulting clients, the costs will be borne by the client. These costs include, but are not limited to, costs for bailiffs, collection agencies, and lawyers and are set at a minimum of 15% of the due amount.

9. Liability

Richard Dirksen or www.intuitiverunning.store is only liable to the client or participants if there is a serious shortcoming. This is the case if Richard Dirksen or www.intuitiverunning.store does not exercise the necessary care and expertise in the execution of the agreement. If the contractor is liable for damage suffered by the client or coachee, their liability is limited to the amount paid out in the relevant case under the professional liability insurance taken out by Richard Dirksen or www.intuitiverunning.store, plus the deductible applicable to the client, with the total of these amounts being limited to the maximum of the insurance. A copy of the policy with the terms of the professional liability insurance will be sent upon request by Richard Dirksen or www.intuitiverunning.store. If for any reason no insurance payment is made, the liability of Richard Dirksen or www.intuitiverunning.store is limited to the amount of the relevant assignment, but no more than €5,000. Richard Dirksen or www.intuitiverunning.store are not liable for indirect damage such as consequential damage, lost profits, and damage due to business interruption. Richard Dirksen or www.intuitiverunning.store are not liable for damage caused by third parties engaged by them, even if this damage is caused by serious negligence of these third parties. In the event of damage, the client is obliged to hold any engaged third parties liable themselves and to recover the damage from them. If Richard Dirksen or www.intuitiverunning.store have acted on incorrect or incomplete information provided by the client, Richard Dirksen or www.intuitiverunning.store are not liable for the resulting damage. Richard Dirksen or www.intuitiverunning.store will not give instructions or have participants perform actions that put them in dangerous situations. Therefore, Richard Dirksen or www.intuitiverunning.store are not liable for injuries sustained by participants. Richard Dirksen or www.intuitiverunning.store cannot be held responsible for what participants do with the knowledge and experience gained after a seminar, workshop, ‘present-day’, (online) coaching or course. The client indemnifies Richard Dirksen or www.intuitiverunning.store against all claims (such as damage claims and lawsuits) arising from the execution of the agreement between the client and Richard Dirksen or www.intuitiverunning.store, unless it concerns claims due to serious negligence by Richard Dirksen or www.intuitiverunning.store. Richard Dirksen or www.intuitiverunning.store cannot be held liable for the non-occurrence of a seminar, workshop, ‘present-day’, (online) coaching or course. If a suffered damage is not reported within one year after its discovery by the client or coachee, no compensation can be claimed for it.

10. Termination of the Agreement

If the client does not meet their payment obligations, Richard Dirksen or www.intuitiverunning.store can terminate the agreement immediately and without judicial intervention in writing. Richard Dirksen or www.intuitiverunning.store can also terminate the agreement immediately and without judicial intervention in writing if the client does not meet their other obligations under the agreement and Richard Dirksen or www.intuitiverunning.store have reminded the client of this in writing or by email. Both the client and Richard Dirksen or www.intuitiverunning.store can terminate the agreement immediately and without judicial intervention in writing if one of the parties files for bankruptcy, is declared bankrupt, or otherwise loses control over their assets or parts thereof.

11. Confidentiality

Unless required by law, Richard Dirksen or www.intuitiverunning.store is obliged to maintain strict confidentiality of confidential information received from the client. Confidential information is information that the client indicates is confidential or that is generally known to be confidential. Richard Dirksen or www.intuitiverunning.store will ensure that any engaged third parties also maintain confidentiality. Coaching and training sessions are confidential in nature. Therefore, Richard Dirksen or www.intuitiverunning.store will never share the content of the sessions or the performance of the participants with others. Not even with the client, unless the participant’s consent has been obtained.

12. Applicable Law and Disputes

Dutch law applies to all agreements and legal acts between the client and Richard Dirksen or www.intuitiverunning.store, even if the participant resides in another country. In the event of a dispute between the client or participant and Richard Dirksen or www.intuitiverunning.store arising from the agreement, they are obliged to resolve this difference first through mutual consultation, possibly with the help of mediation. If it is not possible to resolve the dispute amicably, the competent court in the district where Richard Dirksen or www.intuitiverunning.store is established has exclusive jurisdiction to hear the dispute.