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TERMS AND CONDITIONS

ARTICLE 1- DEFINITIONS

  1. AFRA: the trade name under which services are offered by the practitioner. AFRA is based in the Netherlands and operates under this name in all communications and agreements.

  2. Participant: the person who purchases a service from AFRA and/or follows advice from AFRA.

  3. Parties: AFRA and Participant together.

 

ARTICLE 2 - APPLICABILITY OF THE GENERAL TERMS AND CONDITIONS OF 

AFRA

  1. These General Terms and Conditions apply to everyone who engages with my work, and anyone who participates (hereinafter referred to as Participant) in a session, either online or, in-person, and receives advice offered and/or provided by AFRA.

  2. AFRA and the Participant can only deviate from these conditions if this has been agreed in writing.

  3. AFRA and the Participant expressly exclude the applicability of the general terms and conditions of the Participant or others.

  4. Participant agrees to the terms and conditions of AFRA by one of the following means:

-Complete the contact form on the website and send it.

-Accept the invitation to the planned session in the agenda.

-Use a service and/or advice from AFRA

 

ARTICLE 3- REGISTRATION FEE, PRIZES, AND PAYMENTS

  1. AFRA does not charge registration fees.

  2. The current prices of the services can be found on the website of AFRA.

  3. AFRA has the right to increase these prices unilaterally.

  4. The latest prices are always valid and are always available on the AFRA website.

  5. Price increases do not affect the concluded and previous services purchased by the Participant.

  6. Everything must always be paid in advance; otherwise, the Participant cannot use the service.

  7. AFRA has the right to suspend the performance of its obligations if a Participant has not fulfilled their obligations on time.

 

ARTICLE 4- SERVICES

  1. A session is one of the services that AFRA offers.

  2. The content of each service is on the website of AFRA.

  3. AFRA may change these General Terms and Conditions from time to time.

  4. The latest version is always the applicable version and is always available on the website of AFRA . A copy of AFRA's General Terms and Conditions will be provided upon request.

 

ARTICLE 5 - RIGHT OF WITHDRAWAL

  1. The participant waives the right of withdrawal.

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ARTICLE 6- WARRANTY

  1. If the Participant and AFRA have entered into an agreement of a service nature, this only contains an obligation of best efforts for AFRA and therefore no obligation of results.

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ARTICLE 7 - EXECUTION OF THE AGREEMENT

  1. AFRA will execute the agreement to the best of its knowledge and ability and by the requirements of good workmanship.

  2. The agreement is executed in consultation and after payment for the service by the Participant.

  3. The Participant must ensure that AFRA can start performing the service on time.

  4. If the Participant does not ensure that AFRA can start on time, the Participant will lose the time that has been lost from the duration of the session.

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ARTICLE 8- PROVISION OF INFORMATION

  1. The participant makes all information and data relevant to the correct performance of the service available to AFRA promptly and in the desired form and manner. 

 

ARTICLE 9- INTELLECTUAL PROPERTY

  1. AFRA retains all intellectual property rights to all photos, recordings, designs, drawings, writings, carriers with data or other information, quotations, images, sketches, models, and other materials, unless otherwise agreed.

  2. The participant may not show, make available, or use in any other way the intellectual property rights in paragraph 1 without the prior written permission of AFRA.



ARTICLE 10- INDEMNIFICATION

  1. The Participant indemnifies AFRA against all claims from others related to the products and/or services supplied by AFRA.

 

ARTICLE 11- COMPLAINTS

  1. If a service provided does not meet what the Participant could reasonably expect, the Participant must inform AFRA of this within 1 month after discovering the shortcoming.

  2. Participants must submit AFRA within 2 months after determining the shortcoming.

  3. The participant provides as detailed a description as possible of the shortcoming, so that AFRA can respond appropriately.

  4. Participants must demonstrate that the complaint relates to the service and/or advice provided by AFRA.

  5. If a complaint concerns ongoing work, the Participant cannot demand that AFRA perform activities other will perform than those agreed.

 

ARTICLE 12 - NOTIFICATION

  1. The Participant must notify AFRA of any notice of default by e-mail.

  2. The Participant is responsible for his notice of default

AFRA arrived on time.

 

ARTICLE 13- LIABILITY

  1. When AFRA agrees with multiple Participants, each of them is jointly and severally liable for complying with the agreements in agreement.

  2. Participant uses the service(s) and/or follow the advice of

       AFRA at your own risk at all times.

   3. AFRA is not liable for personal injury, be it mentally or physically, in any way, shape, form, or fashion,  or damage to the property of a Participant as a result of a session or advice.

   4. AFRA is also not liable for possible damage caused by other services or advice from AFRA.

  5. AFRA is not liable for any injury or other damage that a Participant may sustain during or as a result of a session or advice. Sessions and advice are always without obligation and are followed at your own risk.

6. AFRA is not liable for damage to and/or loss of personal property for whatever reason, arising during or in connection with a session or advice. A session is intensive and prone to injuries. A Participant must assess for themselves whether he/she is suitable for participating in a session. If a Participant has health complaints or if a Participant has another reason to doubt participation, a Participant must first seek advice from a doctor.

7. AFRA reserves the right to exclude unsuitable participants from participating in a session.

8. AFRA is not insured for damage to a Participant.

9. Participant declares that he/she is insured for damage suffered as a result of participation in a session or advice.

10. The Participant hereby unconditionally and irrevocably waives its right to compensation for any direct or indirect damage (whether resulting from an agreement or unlawful act) that has arisen, arises or will arise in connection with participation in a session or advice.

 

ARTICLE 14- FORCE MAJEURE

  1. In addition to Article 6:75 of the Dutch Civil Code, a shortcoming of AFRA by the Participant cannot be attributed to AFRA when there is a force majeure.

  2. The force majeure situation in paragraph 1 also includes:

- a state of emergency, such as a civil war or natural disaster - government measures

- transport problems - bad weather conditions - work stoppages

- deaths in personal spheres - illness - sudden admission to hospital

  1. If a force majeure situation occurs as a result of which AFRA cannot fulfill 1 or more obligations to the Participant, those obligations will be suspended until AFRA can deliver.

  2. From the moment that a force majeure situation has lasted at least 30 calendar days, both the Participant and AFRA may cancel the agreement in whole or in part in writing.

  3. AFRA does not have to pay any compensation to the Participant in a force majeure situation, even if AFRA benefits from this.

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ARTICLE 15- MINOR PARTICIPANT(S)

  1. If the Participant is under 18, the Participant can not use the services of AFRA.

 

ARTICLE 16- CANCELLATION AND TERMINATIONS

  1. Participants can cancel or reschedule a session at least 72 hours in advance. AFRA will confirm the cancellation/rescheduling via email.

  2. If Participant cancels within 72 hours, Participant will forfeit the appointment and the amount paid for the appointment.

  3. Participants can cancel the agreement by email.

 

ARTICLE 17 - AGREEMENT

  1. An agreement between AFRA and a Participant is created by agreement between both parties, which agreement must be evident from the registration of a Participant. This means that the participant is added to the AFRA file after the participant has completed the contact form on the website. This is followed by an intake interview, and after the trial lesson has gone well for both parties, an action plan is drawn up to achieve the Participant's goal.

  2. For AFRA, obligations arise from an agreement after a Participant has fulfilled all their obligations, including payment.

  3. Changing an agreement once it has been concluded is only possible with the prior written permission of AFRA.

  4. Changing an agreement may entail costs for a Participant.

  5. An agreement between AFRA and a Participant consists of:

  • Engaging with my work.

  • Using one of AFRA´s services. 

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ARTICLE 18 - AMENDMENT OF AGREEMENT

  1. If it is necessary to change a concluded agreement for its implementation, the Participant and AFRA can adjust the agreement.

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ARTICLE 19- CHANGE OF GENERAL TERMS AND CONDITIONS

  1. AFRA may change these general terms and conditions.

  2. AFRA will discuss major changes with the Participant in advance as much as possible.

  3. The participant may terminate the underlying agreement in the event of a major change to the general terms and conditions.

 

ARTICLE 20- TRANSFER OF RIGHTS

  1. The Participant cannot have any rights under an agreement with AFRA transferred to others without written permission from AFRA.

  2. This provision applies as a clause with property law effect as in Article 3:83 paragraph 2 of the Dutch Civil Code.

 

ARTICLE 20- CONSEQUENCES OF NULLITY OR VOIDABILITY

  1. If 1 or more provisions of these general terms and conditions prove to be void or voidable, this will not affect the other provisions of these terms and conditions.

  2. A provision that is void or voidable will, in that case, be replaced by a provision that comes closest to what AFRA had in mind when drawing up the terms and conditions.

 

ARTICLE 21 - APPLICABLE LAW AND JURISDICTION

  1. Dutch law applies to these general terms and conditions and any underlying agreement between the Participant and AFRA.

  2. The judge in the district where AFRA is located has exclusive authority to hear any disputes between the Participant and AFRA, unless the law provides otherwise.

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