1. Validity

• If the terms below conflict with the terms specified in our proposal, the provisions in the proposal (the primary document) shall prevail.
• Any deviation from these general terms and conditions must be agreed upon with the client and documented in the Lifeguard agreement document, signed by the client.
• The ‘Product Terms and Conditions – Lifeguard Training Courses’ outlined below apply to all our training programs.

2. Definitions

• Within these terms, the term “training” is used as an umbrella term for all products Lifeguard offers, including but not limited to: workshops, motivational sessions, (booster) sessions, masterclasses, quick scans, kick-offs, coaching, courses, and programs.
  The term “health checks” refers to the entire process of intake, outtake, and re-measurements.

3. Liability

• Lifeguard undertakes to perform assignments to the best of its knowledge and abilities. However, the final results also depend on factors outside Lifeguard’s control. Therefore, unless expressly agreed otherwise, Lifeguard provides no guarantees regarding the outcomes of its services.
• Lifeguard accepts no liability for damages unless such damage is covered by its liability insurance and the insurer pays out. In any case, liability is limited to the amount charged for the service that caused the damage or, in the case of ongoing agreements, to the invoiced amount over a three-month period.
• Where physical activity (including sports or similar) is involved, participants must assess their own fitness and ability to participate responsibly. For participation in cycling tests, Lifeguard requires a signed health declaration from the participant. Lifeguard expressly excludes all liability for damages resulting from participation in such activities, both toward the client and the participant.
• Lifeguard explicitly excludes liability for indirect damages, including consequential damages, loss of profit, and operational downtime.
• Lifeguard is not liable for damage resulting from:
  a. Failure by the client or their participants to meet their obligations, including insufficient cooperation in the execution of the agreement.
  b. Incorrect, incomplete, or untimely information provided by the client, who is responsible for ensuring the accuracy and completeness of essential project data.
  c. The application of learning materials or knowledge transferred as part of the assignment.
• Lifeguard is not liable for changes to or non-payment of any subsidies. The client acknowledges that Lifeguard’s role in subsidy applications is purely advisory.

4. Scheduling of training, coaching and health checks

• Training and health check dates and times will be scheduled in consultation with the client. This also applies to delivery, setup, and collection of any required equipment.
• The client is responsible for arranging venues for training and health checks, typically on the client’s premises.
• Lifeguard ensures that trainers/coaches and any required materials are available on the agreed dates and times.
• In the event of force majeure—such as illness or family emergencies preventing a trainer/coach from attending—Lifeguard will make every effort to find a replacement. If this is not possible, a new date will be scheduled in consultation with the client. The same applies in cases of extreme weather or transportation issues that prevent a trainer/coach from reaching the location. No additional charges will be applied. However, the client is not entitled to compensation for any damages resulting from rescheduling or cancellation.

5. Cancellation or rescheduling of training, coaching and health check days

• If the client cancels the agreement, Lifeguard will charge a cancellation fee of 20% of the quoted price (excluding VAT).
• If scheduled sessions need to be canceled or rescheduled, the following applies. Up to 20 working days in advance: administrative fee of €200 per canceled day. 20–15 working days in advance: 25% of the cost. 15–10 working days: 50%. 10–5 working days: 75%. Less than 5 working days: 100%.
• Lifeguard charges for full health check days regardless of how many time slots are used. Unused slots will still be billed.

6. Cancellation or rescheduling individual appointments: coaching, training or health checks

• If a participant withdraws from a multi-part program after it has started, no refund or transfer to another program is possible.
• Each participant is allocated one time slot. Late cancellations can create unfilled time slots. If these cannot be rebooked, the client may purchase additional days to ensure adequate coverage.
• Participants may reschedule their appointments for health checks or coaching free of charge via the digital agenda in the portal, subject to availability.
• The client may opt to restrict or block access to rescheduling functionality in the portal a certain number of days before the appointment. In such cases, the client or participant must contact Lifeguard directly.
• Slot exchanges between participants are permitted up to two business days in advance, and must be communicated to Lifeguard.
• Lifeguard allows one free reschedule per participant. Further changes requested by Lifeguard will incur a €50 (excl. VAT) administrative fee per instance.

7. Travel and accommodation costs

• Travel expenses based on car transportation are calculated at a rate of €0.50 per kilometer. The number of kilometers is determined from the Lifeguard address in Utrecht.
• Travel expenses related to public transportation, ferry tickets, taxi transfers, and similar costs are fully charged to the client.
• If the trainer/coach is required to travel by plane, the client is fully responsible for booking the flight tickets, arranging accommodation at the relevant location, and organizing transfers from the airport to the hotel and back. For flights within Europe, our trainers/coaches travel in economy class. For international flights, the client must book a business class ticket for the trainer/coach. The flight dates and times for the trainer/coach must be coordinated with Lifeguard in consultation with the client.
• If the one-way travel distance from Lifeguard’s address in Utrecht to the training location exceeds 150 kilometers and the training, workshop, or health check is scheduled to begin before 10:00 AM, the client must offer the trainer/coach the option to stay in a nearby hotel the night prior to the session, at the client’s expense.
• The client is responsible for booking a hotel that includes breakfast. If, due to the nature of the training or coaching, multiple consecutive overnight stays are required, any additional costs for a standard lunch and/or dinner at the hotel will also be charged to the client.
• Travel time compensation applies when the training or coaching takes place outside the Netherlands. Compensation for travel time is charged to the client if the one-way travel time exceeds two hours, calculated from Lifeguard’s address in Utrecht, at a rate of €750 (excluding VAT) per half-day.
• Accommodation compensation is applicable only when a trainer/coach, at the client’s request, remains at an external location between two consecutive training or coaching sessions for a predetermined period, during which the trainer/coach is not engaged in work for the client. Lifeguard charges accommodation costs to the client at a rate of €750 (excluding VAT) per half-day.

8. Rates and invoicing

• All rates are excluding VAT (21%) and travel costs (see section 7).
• Rates are adjusted annually on January 1st based on the CBS index for wage development in the ‘Business Services’ sector, using preliminary November figures.
• For services after 6:00 PM, a 20% surcharge applies. Weekend services carry a 40% surcharge.
• Payment must be made within 30 days of the invoice date.
• Invoices are issued according to the schedule in the proposal or contract.
• If payment is not received within 30 days and after two reminders, Lifeguard may initiate debt collection procedures via third parties.

9. Privacy

Participant data is handled with strict confidentiality in accordance with the GDPR. Only the personal coach has access to this data—not even managers or supervisors.
Group-level data is analyzed for effectiveness and quality control; individual identities are never disclosed. Lifeguard follows its ISO 27001-based information security policy. See our website for our full privacy statement.

10. Intellectual property

All copyrights and intellectual property rights on Lifeguard-provided materials, including software, are reserved.
It is not permitted to reproduce, distribute, or alter these materials in whole or in part without prior written consent.

11. Right of withdrawal for consumers

You have the right to withdraw from the agreement within 14 days of signing, without giving any reason.
To exercise this right, you must notify us clearly (e.g., via post or email).
As long as your notice is sent before the 14-day period expires, the withdrawal is valid.

12. Complaints

Lifeguard has a formal complaints procedure.
You may request it from your Lifeguard program director or program manager.

13. Disputes

Dutch law applies to this agreement.
Parties will attempt to resolve disputes through mutual consultation.
If this fails, mediation will be sought with Mr. Jan Plevier from De Groeifabriek (www.groeifabriek.nl).
If mediation is unsuccessful, the dispute shall be submitted to the competent court in Utrecht.

Lifeguard Health Services BV, Newtonlaan 285, 3584BH, Utrecht

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Product terms | Lifeguard Training courses

1.       Validity

• Should the terms and conditions outlined below conflict with those stated in the quotation or proposal, the provisions in the quotation or proposal (the main document) shall prevail.
• Any deviations from these product terms agreed upon with the client will be documented in Lifeguard’s agreement document, which must be signed by the client.

2.      Liability

• Lifeguard accepts no liability for damages, except in cases where such damages are covered by its liability insurance and to the extent that the insurer proceeds with payment. Liability is limited to the amount invoiced for the performance that caused the damage or, in the case of a continuing agreement, to the amount invoiced over a six-month period.
• Lifeguard expressly excludes any liability for indirect damages, including consequential loss, loss of profits, and damage resulting from business interruption.
• Lifeguard is not liable for damage resulting from:

• • Non-compliance by the client or the participant(s) with their obligations, including insufficient cooperation during the execution of the agreement.
  • Incorrect, incomplete, or untimely information provided by the client, whereby the client guarantees the accuracy and completeness of all information essential to the project.
  • The application of learning materials or knowledge transfer arising from the assignment.

3.      Scheduling of training days

• In the event of force majeure—for instance, if a trainer/coach is unavailable due to unforeseen circumstances such as illness or family matters—Lifeguard will make every reasonable effort to arrange a replacement on the scheduled day. If replacement is not possible, Lifeguard will reschedule the session in consultation with the participants. In the case of force majeure due to extreme weather conditions (red weather alert) or other transportation disruptions that significantly hinder access to the location, Lifeguard will also reschedule the session in consultation with the participants. In all such cases, no additional charges will be incurred. The client is not entitled to compensation for any damages resulting from cancellation or rescheduling.

4.     Cancellation fees and make-up opportunities

• Four weeks prior to the start date of the training, a final decision will be made regarding its commencement. Until that time, participants may cancel or transfer to a different start date free of charge. Cancellations within four weeks of the start date will incur a 50% charge. Cancellations within one week will be charged in full.
• Cancellation prior to the first training day must be made by phone via +31 (0)30 – 240 06 38 or by email to support@lifeguard.nl.
• If a participant unexpectedly misses a training day, it is possible to make up for the missed session with a subsequent group.
• In all cases, a substitute participant may attend, subject to Lifeguard’s approval.

5.      Rates and invoicing

• All our rates are exclusive of VAT (21% or 11% in case of VAT-exempt correction).
• Annually on January 1st, our rates are adjusted in line with the development of the CBS index for collective labor agreement wages in the ‘Business Services’ sector, based on the preliminary figures for the month of November.
• Payment is due within 30 days of the invoice date. Invoices will be issued during the week of the first session.
• If the 30-day payment term expires and two written or verbal reminders have been issued, Lifeguard reserves the right to assign the matter to a third party for collection procedures.

6.      Privacy

• Participant data is treated with strict confidentiality and falls under the GDPR – General Data Protection Regulation. No one, including supervisors, has access to this personal data apart from the personal coach. Group data is analyzed for the purpose of effectiveness evaluation and quality control. These analyses pertain exclusively to group results, and personal data is never identifiable. Lifeguard adheres to its information security policy based on ISO 27001.

7.      Intellectual property

• All copyrights and other intellectual property rights related to documentation and materials, including software provided by Lifeguard, are reserved. It is not permitted to reproduce, publish, or modify these materials, in whole or in part, without prior written consent from Lifeguard.

8.      Complaints

• Lifeguard has a complaints procedure in place. This procedure is available at the bottom of the Lifeguard website, under the privacy statement.

9.      Disputes

• Dutch law applies to this agreement.
  Parties will attempt to resolve disputes through mutual consultation.
  If this fails, mediation will be sought with Mr. Jan Plevier from De Groeifabriek (www.groeifabriek.nl).
  If mediation is unsuccessful, the dispute shall be submitted to the competent court in Utrecht..

Lifeguard Health Services BV, Newtonlaan 285, 3584BH, Utrecht