General Terms and Conditions Adem en Stem trainings (May 5th 2023)
Definitions
The following definitions are used in these General Terms and Conditions.
Participant: anybody signing up for a training offered by Adem en Stem.
Trainings: the training activity (breathcoach training, international breathing training, breath- and voicework workshops, retreats, deepening days) offered by Adem en Stem.
Agreement: the agreement between Adem en Stem and a participant in the context of the training.
Confirmation: the confirmation that a participant receives in the context of a training.
Programme: the programme of the offered training.
Complaints procedure: the complaints regulation used by Adem en Stem in the context of the training.
Cancellation regulation: the cancellation regulation of the training.
Adem en Stem: the business of Stephen Monné (CoC number 60150734), acting under the name ‘Adem en Stem’.
Website: the website of Adem en Stem (https://ademenstem.nl).
Article 1 – Applicability
1.1. These General Terms and Conditions apply to every agreement to participate in a training by Stephen Monné (henceforth: ‘Adem en Stem’).
1.2. The General Terms and Conditions for participants do not apply to the execution of trainings by Adem en Stem.
1.3. Deviations to these General Terms and Conditions are only binding if and insofar as they have been communicated to the participant by Adem en Stem in writing.
1.4. The participant agrees these General Terms and Conditions by accepting this agreement.
Article 2 – Offering, confirmation, formation of the agreement, and cooling-off period
2.1. Unless indicated otherwise, all Adem en Stem offerings are non-binding in terms of their price, content, and delivery time. Unless an alternative agreement has been made, all offerings are valid for 30 days.
2.2. An agreement is formed upon confirmation of participation in the training by Adem en Stem. Said acceptance can be made clear through, amongst other things, the written and/or email confirmation by Adem en Stem, the signing of the agreement by the participant, or if Adem en Stem has started to execute on the agreement.
2.3. The content of the order confirmation and optional associated offer counts as a representation of the agreement.
2.4. After signing the agreement or after receiving confirmation of participation, the participant has a cooling-off period of 14 days.
Article 3 – Rates and payment
3.1. All rates are exempt from VAT, unless expressly stated otherwise.
3.2. All rates include accommodation and catering costs, unless expressly stated otherwise.
3.3. Unless determined otherwise in the agreement or confirmation, payment for the training is owed within 30 days of the date of the invoice in question.
3.4. The participant can be excluded from participating in the training if he or she does not meet this payment obligation. The agreed-upon payment obligation will, however, remain in force for the participant.
Article 4 – Cancellation training or participation in the training by Adem en Stem
4.1. Adem en Stem has the option of cancelling a training if there are insufficient participants or if its teacher is ill. If necessary, groups can be split or joined.
4.2. In the event of force majeure and/or due to government-imposed regulations (such as in the event of a pandemic), Adem en Stem has the option of organising and/or executing a training differently, postponing it, or cancelling it.
4.3. Stating its reasons, Adem and Stem can deny or terminate the participation of a person prior to or during a training, if, in the teacher’s estimation, the participant is, for whatever reason, (currently) unable to participate in or continue to participate in the training.
4.4. Adem en Stem has the right to, without stating its reasons, cancel the execution of the training, in which case the participant has the right to a refund of the entire amount paid to Adem en Stem for the part of the assignment affected by the cancellation, insofar as payment by the participant has already occurred.
4.5. Cancellation of a training by Adem en Stem must (after an optional notification by phone or in person) be confirmed in writing or by email.
Article 5 – Transfer or cancellation of participation in the training by a participant
5.1. In the event of cancellation by the participant up to 4 weeks prior to the start of the training, the already paid deposit cost of €200 will be withheld as an administration and communication cost.
5.2. In the event of cancellation by the participant between 4 weeks and 24 hours prior to the start of the training, the participant must pay for the entire first block, comprising one-third of the entire training cost.
5.3. In the event of cancellation by the participant less than 24 hours prior to the training or the discontinuation of the training after it has commenced, the participant must pay the entire sum of the training. In such cases, the participant loses the right to a partial restitution.
5.4. The participant will not receive restitution if he or she is absent for one or more training days. Missed training blocks can, insofar as there is space available, be caught up on during a next training. To make use of this option, a payment of €300 is asked for overnight stays, meals, and administrative costs.
5.5. If an agreement has been made to pay the training sum in instalments and the participant discontinues his or her participation in the training after one or more blocks, the participant will continue to owe the entire training sum.
5.6. Cancellation of a training by the participant must occur in writing or via email.
Article 6 – Participation training
6.1. An intake interview may be held with a potential participant prior to the start of a training. This could be a one-on-one conversation via Zoom or by phone but may also take the shape of supplementary questions via email.
Article 7 – Privacy and confidentiality
7.1. Information provided to Adem en Stem by a participant is handled discreetly and in strict confidence by Adem en Stem or anyone working for Adem en Stem. Adem en Stem adheres to existing privacy laws.
Article 8 – Complaints procedure
8.1. Complaints must be communicated in writing to Adem en Stem within 30 days of the incident to which the complaint relates.
8.2. The complaint will be processed and dealt with in adherence with Adem en Stem’s complaints regulation. The complaints procedure can be requested via info@ademenstem.nl.
Article 9 – Liability
9.1. Adem en Stem does not accept any liability, in whatever shape or form, resulting from damage arising because of or in connection to a training it has provided.
9.2. The liability of Adem en Stem is limited to the invoice value of the assignment; at least, to the part of the assignment to which the liability relates.
9.3. In deviation of the stipulation of paragraph 2 of this article, concerning assignments with a runtime longer than six months, Adem en Stem’s liability is additionally restricted to the last three months of the owed invoice amount.
9.4. Adem en Stem is not liable for any form of direct or indirect damage suffered by a participant as a result of actions or decisions made as a consequence of or during a training. At all times, the participant remains responsible for his or her own decisions.
9.5. Any liability of Adem en Stem for trading loss or another indirect or consequential form of damage of any kind is expressly excluded.
Article 10 – Copyright
The copyright of any form of written materials (including, but not limited to, brochures, training materials, folders, manuals, sheets, and syllabi) handed out and used during the training lies with Adem en Stem, unless the work itself specifies a different copyright holder. The material may only be used for the learning needs of the participant and may not be duplicated, sold, or passed on.
Article 11 – Hiring of third parties and the programme
11.1. Adem en Stem is permitted to hire third parties for the execution of a training activity.
11.2. The programme of the training is created by Adem en Stem en may be modified during its runtime. The same applies to the location of the training. Adem en Stem has the right to replace a teacher, supervisor, employee, or intern, should the need to do so arise.
Article 12 – Competent court
12.1. All disputes arising from or relating to an agreement will in first instance be presented to the competent court in Zutphen.