General terms and conditions
On this page you will find the terms and conditions and mutual responsibilities so that you can enjoy your online coaching journey to the fullest. Please note that when you sign up for one of our online services, additional terms and conditions apply. The language used in this manual has been deliberately chosen to explain the rules and regulations as clearly as possible. If you have any further questions, please contact FitwithGil by email or phone. We will be happy to help you.
All members are bound by the same terms and conditions. The terms and conditions apply at all times and always take precedence, even if you have been told otherwise. This handbook supersedes all previous versions.
general
We and our FitwithGil: the natural person aged 16 or over in whose name the membership is registered. If that person is 16 or 17 years old, the agreement must also be signed by one of his/her parents.
Online coaching: the service provided by an online coach, who draws up an online coaching programme for a Member and guides the Member in following this online coaching programme.
Online coaching membership agreement: the agreement that the member enters into with FitwithGil
Article 1: concluding online coaching membership agreement
Article 1: concluding online coaching membership agreement
1. The member declares that to the best of his/her knowledge he/she is in good health and physically able to follow an online coaching programme and follow the instructions of the online coach without affecting his/her health. In case of doubt, the member is obliged to consult his/her doctor and/or request a doctor's certificate before entering into an online coaching membership.
2. The online coaching membership is personal and not transferable to another person.
3. When a child reaches the age of 18, they are considered an independent adult member who is responsible for signing their own contract. We also need permission or a signature from the person who has parental authority over the child or grandchild before he/she can use online coaching. This applies to a 16- or 17-year-old child.
Should another (legal) person pay the online coaching membership fee for the member in question, this (legal) person must co-sign the online coaching membership agreement.
4. The person with parental authority is jointly responsible for the membership fee of the minor member (16 or 17 years old).
5. The general terms and conditions of membership apply to all members and co-signers, unless otherwise stated.
6. By entering into an online coaching membership agreement, the member declares to know and accept the general terms and conditions from this membership handbook so that these general terms and conditions form one unit with the online coaching membership agreement and thereby together constitute the agreement.
7. Membership starts immediately after payment.
Article 2: execution
1. The online coaching is performed by the online coach to his/her best judgment, expertise and ability. Neither FitwithGil nor the online coach is responsible for the success of the online coaching, nor for the extent to which the online coaching contributes to a goal stated by or for the member.
2. Commit2BeFit is not a medical organisation and is not equipped to give you medical advice or make a medical diagnosis. For specific advice, you should seek the assistance of a GP, doctor or paramedic.
3. The online coach has the right to make interim changes to the online coaching programme if the online coach deems it necessary.
4. FitwithGil is authorised to appoint a new online coach during the course of the online coaching programme. During your membership, your online coach may therefore be changed.
5. The member is personally responsible for taking online consultations
6. Commit2BeFit has the right to terminate an online coaching membership immediately, in whole or in part, without liability for damages, if the member, and/or co-signer fails to fulfil his/her obligations according to the online coaching membership agreement.
7. Because FitwithGil services are delivered online, FitwithGil cannot guarantee that the services are accessible at any time at any location and that this will be done in a secure manner or that errors will be resolved or that the services/products will be free of viruses or other potentially harmful software or components.
8. Commit2BeFit reserves the right at any time to change or discontinue any part or all of the functionality of one or more components of FitwithGil for any period of time or forever. This will always be communicated to the member. As a result of such modification or discontinuation, some or all of the information shared by the Member may not be accessible or may be lost.
Article 3: Membership types and validity
1a. Membership starts on the first day of the initial term and will continue until it ends in accordance with paragraph 1b of this article.
1b. Membership can be terminated with at least 1 month's notice:
- During your initial term, this does incur additional fees.
- At the end of your initial term.
- At any time after the end of your initial term. The notice period starts on the
date we receive your cancellation.
2a.FitwithGil Life membership: by ‘initial or first term’ we mean the period of 12 full calendar months from the date of your membership application.
2b.FitwithGil Flex membership: by ‘initial or first term’ we mean the period of 3 full calendar months from the date of your membership application.
3. The member may, if requested before the 25th of the month, transfer to the lifestyle membership. However, before we can transfer you to lifestyle membership, you must agree to a new application. The months of your membership that the member has already completed will be counted towards the new initial term.
Article four: content online coaching
1. The content of an online coaching programme consists of:
One personal progress meeting per week via Zoom or Discord.
Access to the guides nutrition app and database .
A personalised plan for training and nutrition.
2. The Coaching Path will not be started until the member has paid the fee due and this payment has been received by Commit2BeFit. In the case of payment by instalments, the Coaching Pathway starts after the first instalment payment is received by Commit2BeFit.
3. Performance of the work by FitwithGil akes place online only through the communication tools ‘Zoom’ and ‘Discord’ and through a nutrition and training app.
4. Work under the Agreement is performed by FitwithGil employee(s) and/or director(s). In addition, in performing its obligations under the Agreement, Commit2BeFit is entitled to engage third parties and/or to be replaced.
5. The Agreement does not imply an obligation of result, but an obligation of effort, as the results of the online coaching programme change from member to member and the results partly depend on the member's own effort. FitwithGil cannot guarantee results in any way. Any past results shown by FitwithGil are for illustrative purposes only and no rights may be derived by the Member.
Article 5: Payment and costs
1. Payment of the subscription fee must be made by direct debit per period of 1 month in advance, with the first payment being made immediately by one of the available payment methods.
2. Membership fees are collected between the 1st and the 8th of the month by direct debit. If you opt for annual payment, you will pay the membership fee in one go in advance.
3. Payment can be made all at once (through one invoice for three or 12 months) or in monthly instalments via direct debit (every 1st week of the month). If a member does not fulfil his/her payment obligations, Commit2BeFit has the right to suspend or terminate the online coaching.
4. The member is not entitled to a refund of any pre-paid amounts as long as Commit2BeFit cannot be held liable for the non-occurrence of one or more online coaching months and/or the non-completion of the online coaching programme or part of it.
Article 7: Overdue payments
1. If the member pays by direct debit, but the amount due is still not in our account after 14 days, we will send a first payment reminder to the member, requesting him to pay the amount due within 14 days. If the amount due has not been credited to our bank account after this period, the member will receive a second payment reminder and notice of default for the total outstanding amount with a request to transfer the total sum within 14 days from the date of the second payment reminder.
2. If the member again defaults, we will, without further notice, engage a collection agency to collect the overdue payments, including future payments that you owe us in accordance with the agreement (e.g. payments relating to the remainder of an initial term or a notice period). The extrajudicial collection costs (at least €40 in accordance with the Decree on compensation for extrajudicial collection costs), as well as the interest on any amount owed, shall be for your account.
3. Furthermore, the Member shall owe all judicial collection and litigation costs, including - but not limited to - the actual legal fees incurred by FitwithGil .
4. The dates agreed between the parties for performance of work by FitwithGil are not deadlines. If a session cannot take place on the agreed date, the parties shall mutually agree on a new date.
Article 8: Termination of membership
1. Membership may be terminated during the initial term by giving us at least one month's notice. If your termination ends before the end of your initial term, there will be additional charges.
2. After the end of the initial term, the membership may be terminated at any time
Article 8b: termination Flex membership
1. Life membership may be terminated during the initial term by giving us at least one month's notice. The notice must end on the last day of the initial term. This means that you are obliged to pay for the first 3 months of your membership.
Article 8c: Terminate FitwithGil Nutrition's Application
1. Cancellations can only be made per full calendar month and the minimum notice period is one month. Thus, someone who cancels on 15 March (date of receipt of cancellation in writing or by email) is still a member until 30 March of that year.
2. The member is responsible for indicating the changes the member wishes to make, changes should be given before the 25th of the month, this gives sufficient time for the coach to make the adjustments for the next month.
3. This membership was initially created for people who have successfully completed a coaching programme and are therefore able to use the app independently.
Article 9: early termination of your membership
1. Membership may be terminated at any time if:
- The member suffers from a physical medical condition that prevents him/her, under supervision
(this does not apply to pregnancies and psychological disorders such as ADHD, anxiety disorder, autism spectrum disorder, bipolar disorder, borderline personality disorder, depression, obsessive compulsive disorder, eating disorder, unexplained physical complaints, panic disorder, personality disorder, post-traumatic stress disorder, psychotic disorder, schizophrenia, social phobia or a similar disorder of that nature) or to any medical complications as a result of the pregnancy).
2. Termination of membership for this reason should be reported to us. Membership ends on the last day of the month in which we have received the termination notice and appropriate proof.
3. Diabetes type 2 and diabetes type 1 (diabetes) are not valid reasons for termination of membership.
4. The member must be able to prove that he/she qualifies for one of the above reasons by means of a statement from a doctor.
Article 10: Termination of membership by Commit2BeFit
1. We will not tolerate abusive, intimidating or physical threats to our staff or other members. If we believe this to be the case, we reserve the right to immediately exclude the member from online coaching.
2. We may terminate the membership in any of the following cases:
- If the member violates the membership agreement or regularly fails to comply with the rules and he/she is unable or unwilling to rectify the consequences within seven days of us notifying the member in writing.
- If the member uses abusive or insulting language, displays or threatens to use violent/offensive behaviour during online coaching.
3. If we receive a complaint about your behaviour during online coaching or if you continuously behave inappropriately, we reserve the right to suspend or terminate your membership.
Article 11: Changing membership
1. We realise that the member's needs may change with time. Hence, the category of membership may be changed. Please contact us for this by e-mail (or in writing). Within the initial term, membership can be changed from 3 months (FLEX) to 12 months (lifestyle).
2. When the category is changed, the membership fee will be adjusted to the current advertised rates for new members. The difference in contribution between the old and the new membership category is for the member's account. Only upgrades of memberships are
possible. Downgrades of memberships will not be accepted.
4. From time to time, we will contact you about the membership. It is therefore important that any changes in address, telephone number or e-mail address are communicated immediately. We are not responsible if these details are not correct and as a result the member cannot be contacted.
Article 12: suspension of membership
1. Membership may be suspended once a year (other than after notification of termination of your membership) for a period of at least 1 full calendar month up to a maximum of 9 full calendar months.
2. Suspension of membership must be notified by email (or in writing) to Commit2BeFit. This must be received by FitwithGil by the 25th of the month.
3. Suspension starts on the first day of the month following the date we receive the request. This must be requested before the 25th of the month. Please check that we have been notified. As the suspension only takes effect after we have been notified in writing or by email, we strongly recommend that the member checks that we know about it. For example:
- deliver the application in person to Gilian Lipman an online coach employed or commissioned
of Commit2BeFit and ask for a receipt.
4. Once we are notified by email or in writing, the member will receive a written acknowledgement of receipt and the date on which the suspension will take effect. If the member has not received an acknowledgement within 10 days, he/she must notify us immediately.
5. During the suspension, the status of the membership automatically changes to suspended member. This means that there is no entitlement to the online coaching programme.
6: During the suspension period of a membership, we will charge the member 25% of the normal monthly rate for each month the suspension lasts.
7. If the member wishes to suspend the membership during the initial period, this period will be extended by the duration of the total suspension. If the member wishes to terminate the membership during the suspension period, the suspension will end with effect from the notice period, unless the member terminates the membership early.
8. The member may further suspend membership in case of a medical condition that prevents him/her from using the online coaching (this does not apply to pregnancies, but to medical complications resulting from pregnancy). The member must be able to prove this through a recent (medical) document. The suspension starts on the first day of the month following the date we received the application and proof. We will not charge any monthly fees during the period the membership is suspended due to a medical condition. During this period, the member is not entitled to online coaching.
9. Suspension is not the same as termination of your membership.
10. If there are outstanding amounts, it is not possible to handle/process a suspension. All membership fees must be paid in order to suspend membership.
Article 13: changes in membership fees
1. We may automatically increase membership fees annually by a maximum of 1% above the inflation rate or by 3% (whichever is higher). The inflation rate is the price index figure published by the CBS for July before the date the member receives our notice. If we do so, the new rates will take effect on 1 January of the new year.
2. If we intend to increase the membership fee by a higher amount, we will inform the member at least 1 month in advance. We will notify the member of the change in writing or by e-mail.
3. In addition to the increase described in paragraph 1 of this article, we have the right at any time to increase membership fees to take into account any increase in the VAT rate. We will make every reasonable effort to inform the member at least 1 month in advance of any increase (in writing or by e-mail).
4. We may amend the rules in this membership book at any time, as long as we keep the member informed of the changes. If we make a significant change in the availability of online coaches employed by or on behalf of FitwithGil , we will notify the member in writing (or by email) no later than 1 month in advance.
Article 13: changes in membership fees
Article 14: Absence of online coach employed or commissioned by FitwithGil
1.For both types of memberships (LIFESTYLE & FLEX) applies:
- In case of absence of the online coach from 1 to 7 consecutive days, the following must be done
the missed online coaching day(s) must be made up after termination of the membership.After the membership term, the member will receive 1 to 7 additional online coaching days. No additional fees will be charged.The initial membership term remains unchanged.
- In case of absence of the online coach from 8 to 14 consecutive days, the member has two options:
After termination of the membership, the missed online coaching day(s) must be made up, with no charge.The initial membership term remains unchanged.
The member is entitled to take the online coaching day(s) during this period from a replacement qualified online coach.
2. In the absence of the online coach for a period longer than 15 consecutive days, the member will receive a replacement qualified online coach who will continue to coach the member.
3.Should the relevant online coach suffer an injury or have experienced an accident that makes him/her unable to provide online coaching, the member is entitled to a replacement qualified online coach.The initial membership term remains unchanged.
4.In the event of the death of the relevant online coach, a replacement qualified online coach employed or commissioned by FitwithGil will be offered.The initial membership term remains unchanged.
5. Upon the death of the FitwithGil director(s), the online coaching membership terminates by operation of law.In case of prepaid amounts, the amount equal to the remaining period will be refunded
Article fourteen: Absence of online coach employed or commissioned by Commit2BeFit
31.For both types of memberships (LIFESTYLE & FLEX) applies:
- In case of absence of the online coach from 1 to 7 consecutive days, the following must be done
the missed online coaching day(s) must be made up after termination of the membership.After the membership term, the member will receive 1 to 7 additional online coaching days. No additional fees will be charged.The initial membership term remains unchanged.
- In case of absence of the online coach from 8 to 14 consecutive days, the member has two options:
After termination of the membership, the missed online coaching day(s) must be made up, with no charge.The initial membership term remains unchanged.
The member is entitled to take the online coaching day(s) during this period from a replacement qualified online coach.
2. In the absence of the online coach for a period longer than 15 consecutive days, the member will receive a replacement qualified online coach who will continue to coach the member.
3.Should the relevant online coach suffer an injury or have experienced an accident that makes him/her unable to provide online coaching, the member is entitled to a replacement qualified online coach.The initial membership term remains unchanged.
4.In the event of the death of the relevant online coach, a replacement qualified online coach employed or commissioned by FitwithGil will be offered.The initial membership term remains unchanged.
5. Upon the death of the FitwithGil director(s), the online coaching membership terminates by operation of law.In case of prepaid amounts, the amount equal to the remaining period will be refunded