We advise that you carefully read these General Conditions so that you are aware of your rights and duties under the Agreement between you and us. You shall be identified as the Client.

Article 1. Definitions

1. In these General Conditions the following terms, identified by capital letters, shall have the following meaning:
   LS PILATES 
   the sole proprietor LS PILATES / STOKKIES ENTERPRISES (here after: LS PILATES), with registered office at (1016 XD) Amsterdam at Eerste Passeerdersdwarsstraat 2C;
   General Conditions
   these general conditions of LS PILATES;
   Service
   the service provided by LS PILATES, including private Pilates training sessions and coaching (together also: training session);
   Intellectual Property Rights
   all intellectual property rights, such as copyrights, trademark rights, law of patents, trade name rights, database rights and related rights, including related rights such as rights to knowhow and domain names.
   Client
   you, the Client and counter party of LS PILATES of the Agreement;
   Agreement
   the agreement for services between LS PILATES and Client specifying the Services;
   Party(-ies)
   LS PILATES and/or Client.

Article 2. Applicability

1. The General Conditions apply to every Agreement between LS PILATES and Client. Possible general conditions of the Client are hereby explicitly rejected.
2. Derogations from and additions to the Agreement are exclusively valid when Parties agreed to them in writing.
3. These General Conditions also apply to the provision of the Services by the other party, when the Client involves other Parties in order to provide the Services.
4. LS PILATES is entitled to amend these General Conditions. Substantive changes enter into force one (1) month after publication. Changes in the General Conditions have no effect on an existing Agreement.

Article 3. Establishment of the Agreement

1. The agreement between LS PILATES and Client comes into effect after making an appointment by phone, email or in person to attend a Pilates training session. 
2. A registration form must be completed and signed and handed in to the LS PILATES trainer before the start of training. Client will receive a copy of the registration form. Until LS PILATES has a registration form signed by Client, Client will not be admitted to the training sessions.
3. Offers of LS PILATES are non-committal, unless a period of validity is included in the offer. If no period of acceptance is included, the offer will always expire after 14 days.
4. If the Client assigns without a preceding offer to LS PILATES, LS PILATES is only bound to this assignment after it has confirmed this in writing to the Client.
5. An offer for the provision of multiple services does not force LS PILATES to the provision of a part of the Services in this offer at a corresponding amount of the price.
6. Offers, quotations and rates do not automatically apply to re-orders and/or new assignments.

Article 4. The Service

1. LS PILATES always provides its services according an obligation of means and it will not guarantee with regard to the result of its service, unless Parties explicitly agree otherwise in writing.
2. LS PILATES will implement the Agreement to the best of one’s knowledge and ability and in accordance with the laid down requirements for a professional party. If and as far as a proper implementation requires this, LS PILATES has the right to let third parties execute certain activities, at the discretion of LS PILATES. The applicability of article 7:404, 7:407 and 7:409 BW will explicitly be excluded.
3. An agreed term is considered as a final deadline, only when that is explicitly determined in writing in the Agreement. In all other cases the agreed term shall be regarded as indicative.
4. LS PILATES is entitled to the execution of the activities in parts or phases, whereby every part or every phase separately can be invoiced.

Article 5. Client’s obligations, LS Pilates rights & Payment

1. The Client undertakes to provide all necessary information and cooperation which LS PILATES requires in order to provide the Services. LS PILATES may suspend the activities as long as Client does not comply to the obligation in this provision. LS PILATES shall never be liable for any damage and/or delay caused by not, not timely, or flawed complying to the duty of disclosure and obligation to cooperate as referred to in this article.
2. Client should arrive on time for its training session. Sessions will not be extended due to late arrival. 
3. Client must pay the lesson fee due after  the Pilates training session. Payment can be made by transfer to LS Pilates’ account (by Tikkie or invoice).
4. If a 1-, 5- or 10-ride card is purchased, Client must pay the lesson fee due after the start of the first Pilates training session of the card.
5. If Client fails to pay on time, he/she will be deemed to be in default without a reminder being required and LS Pilates then reserves the right not to admit Client to a training session. 

Article 6. Validity period rides cards/packages

1. The validity period of every ride card is 6 months from the day of purchase.
2. Timely cancellation of session by Client, regardless of the reason, does not affect the validity period of the rides card.
3. No refund of class fees will be made upon expiry of the validity period.

Article 7. Cancellation policy

1. Training sessions can only be attended in consultation with the trainer and by appointment.
2. In case of cancellation more than 48 before the start of the Pilates training (on working days), no fee will be charged. E-mail your cancellation to BOOKINGS@LSPILATES.NL, to avoid being charged. 
3. For cancellation less than 24 hours before the start of the Pilates training (on working days), the full fee will be charged.
4. LS Pilates is entitled to change training dates and times without giving reasons.
5. LS Pilates is entitled to cancel a training session or a 1-, 5- or 10- ride card or to refuse Cient’s participation without giving any reasons, in which case Client will be entitled to a refund of the amount paid for the lesson in question and any other lessons already paid.

Article 8. Privacy & Client information

1. Clients’ personal data is strictly confidential and is used by LS Pilates solely for administrative and training purposes (execution of the agreement).

2. If any changes in Client’s contact details occur, Client must notify LS Pilates immediately.

3. Every Client is obliged to report all changes in physical condition and medication use to the trainer immediately, even if this does not seem relevant.

4. Any consequences arising from failure to comply with these terms and conditions will not be the responsibility of LS Pilates.

Article 9. Intellectual Property Rights

1. All Intellectual Property Rights that rest on documents or materials that Client delivers to LS PILATES in the framework of the execution of the Agreement, remain at all times with the Client. Client provides a worldwide, non-exclusive and sublicensable license to LS PILATES in order to use the delivered materials for the execution of the Agreement.
2. The Intellectual Property Rights which lie with LS PILATES when entering into the Agreement, remain with LS PILATES, such as teaching materials. For the avoidance of doubt, no part of the content of the lessons may be reproduced and/or disclosed in any form or by any means, whether electronic, mechanical, recording or otherwise, without the prior written permission of LS Pilates.

Article 10. Liability

1. Attending Pilates training sessions is entirely at the Clients own risk. 
2. LS Pilates is not responsible for, and cannot be held liable for, damage and/or loss and/or theft of property of the Client, nor for any form of physical injury before, during or after the Pilates training.
3. LS PILATES is not liable for indirect damage or resulting damage, such as lost profits, lost sales, loss of expected savings and other similar financial losses, as well as loss of goodwill or name and reputation.
4. To the extent that LS PILATES is liable, that liability is limited to maximally the compensation which the Client has paid under the Agreement .

Article 11. Miscellaneous

1. Client is not entitled to transfer arising rights and/or obligations from the Agreement to third parties without permission of LS PILATES, unless Parties have agreed otherwise in writing.
2. If any provision of this Agreement is or becomes invalid or non-binding, Parties remain bound to the other provisions. Parties shall replace the invalid provisions in proper consultation by another provision which is valid and approximates the intention of Parties as far as possible.
3. Dutch law applies to the Agreement. All disputes shall at first-instance be presented to the competent court in the district where LS PILATES is located.

Date: May 3, 2024

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