Business owner: Tinja Ziener
Yoga & nutrition coaching services
Eva Besnyoestraat 254
Amsterdam, Noord Holland 1087 LM
General Terms and Conditions
The terms and conditions below apply to all services provided by Tinja Ziener, the happiness coach, to any individual or organization. In these terms (“the Terms”), “I”/“me”/“my” means peasfulyoga or Tinja Ziener – as sole business owner, and “you”/“your”/“yours” means you, the client, or third party who legally enters contracts on your behalf. Purchasing any Services from me constitutes acceptance of the Terms. The Terms shall not be varied in any way whatsoever unless agreed in advance in writing between the parties. These Terms and Conditions are subject to change by peasfulyoga. However, the binding version of the Terms is the one that you agree to at the time of booking.
The term “coaching” as here used covers happiness coaching, life coaching, personal coaching and business coaching regarding the topics Yoga and nutrition for clients. Coaching is not psychological counselling or any type of therapy, and should not be construed as such.
“Fee” means the sum payable by you (or by a third party on your behalf) to peasfulyoga for the Services. The Fees per Service does not include transportation costs, unless otherwise stated.
”Services” means such coaching services, Yoga/nutrition lessons and workshops (including but not limited to individual one-to-one sessions over Hangout, Skype, at the client’s premise, coaching programs made of numerous sessions as well as lessons and workshops for a group over Hangout, Skype or at the client’s premise) as requested by you.
”Session” means a coaching session, Yoga/nutrition lesson and workshop lasting between 60 to 90 minutes in length.
a. Tinja Ziener is engaged as an independent contractor. Nothing herein will be deemed or construed to create an employer-employee, joint venture, partnership, or agency relationship between Tinja Ziener and you for any purpose whatsoever.
b. By purchasing Services from peasfulyoga, you warrant that you are at least 18 years old and legally capable of entering into binding contracts.
3. COACHING PROCEDURE
a. The coaching schedule will be arranged between peasfulyoga and you, the client, and can be booked up to 3 months in advance. Peasfulyoga will recommend the frequency of coaching sessions based on a professional assessment of your requirements, however the choice is entirely your sole responsibility. This recommendation, or plan, is not binding and may be altered and adjusted throughout the coaching journey by mutual agreement, in accordance with the terms set out in this agreement.
b. The length of each session is 60, 75 or 90 minutes, depending on the chosen Service.
c. Coaching will take place face-to-face (venue by mutual agreement), via Google Hangout or Skype. Face-to-face coaching will take place at your home, workplace or at a mutually agreed venue. Where coaching takes place at a mutually agreed venue the client will be liable for any costs incurred by peasfulyoga at that time.
d. Regarding Happiness coaching, I may assign you tasks or exercises to complete between coaching sessions. There is no obligation on you to complete these tasks, but not doing so may slow the progress in gaining improved quality of life or achieving desired outcomes. Where possible, you are requested to submit any information relating to assignments at least 24 hours before the coaching session when they are to be discussed. I will provide feedback on completed assignments during coaching sessions.
e. You may contact me via Whatsapp or email between sessions to share a success, ask a question or seek clarification on a coaching issue. Support between sessions is a necessary part of the coaching process. I will always advise you in advance if the nature of your contact is likely to incur an additional charge, and no such charges will be imposed without the client’s agreement.
a. I agree to supply the Services to you and you agree to pay the Fee for the same subject to these Terms.
b. One-time agreement: The exact date and time of my supply of the Services is bookable by you via the 10to8 scheduling system. I will either confirm the chosen date and time or decline and suggest another via email. Only when you counter-confirm the new date and time, your booking is final.
c. Multiple sessions package: The date and time that is booked by you at the first booking shall be the basis for a weekly repetition. If you prefer a different interval, you can make a note in the comment box at booking. I will either confirm the chosen date and time or decline and suggest another via email. Only when you counter-confirm the new date and time, the booking is final.
d. Happiness coaching: The appointments for this type of coaching shall be determined by both parties in writing, which includes email.
d. The amount of the Fee is displayed when you select one of the Services. By selecting a specific Service, you agree to pay the Fee in full at booking via PayPal or later via bank transfer (in situations where a third party pays the fees, the third party counts as an agent acting on behalf of the client).
5. MY OBLIGATIONS
a. I shall endeavor to provide the Services in accordance with these Terms.
b. In the event that I cancel the Services booked by you, as applicable, for any reason, I shall offer you a new date for the Services or the Session up to 24 hours before the commencement of the Service, and no additional Fee shall be payable by you.
6. YOUR OBLIGATIONS
a. You agree that you will co-operate with me as reasonably necessary in order to enable me to provide you the Services.
b. You will notify me of if you have any special requirements relating to the Services prior to me providing the Services.
b. You understand that for my coaching to be effective it’s important for you to be as honest, open and trusting as possible.
c. You shall notify me if and when:
(i) you say or do anything in a session that you don’t feel comfortable with; and
(ii) you have any concern at all with the way I am working.
d. You are solely responsible for securing a stable Internet connection for the online sessions.
I will occasionally choose reviews randomly and publish them on my website or social media channels with full display of your first name and initial of your last name. Should you have any concerns or disagree, you need to send me a written note explaining your concern. I will undertake everything to make sure that anything you share with me is completely confidential and will not be disclosed in any way whatsoever (unless in the unlikely event I am required to do so by law).
8. LIMITATION OF LIABILITY
a. DISCLAIMER: My Services shall at no time replace your health insurance, doctor visits or any type of medical treatments or therapies. If, at the time of booking, you have any physical impairments, take drugs or medications, have allergies, attend any form of therapies or previously undergone any diets or surgeries, please consult your health practitioner(s) before booking my Services. I will do my utmost best to guide you on your journey, however you must listen to your body and own your physical abilities, progress and results. By booking any of the Services on this website, you agree to release me of any liabilities and responsibilities regarding any form of discomfort or injuries during or after the coaching sessions resulting from unmindful practice or practicing against my advice or that of your health practitioner(s).
b. Peasfulyoga commits to help you to set and achieve goals that will help to bring about desired outcomes for you.
c. You have sole responsibility for any decisions you may make following coaching with peasfulyoga. Peasfulyoga accepts no liability for your actions, injuries or any possible damage following your lack of commitment, highly placed expectations or overexertion of your physical, emotional and mental limitations otherwise.
d. Should you fail to set up a stable Internet connection resulting in delay, hiatus or discontinuation of the online coaching sessions, peasfulyoga will not assume any responsibility and is not obliged to offer a replacement session.
e. Peasfulyoga shall not be liable to you for any loss or damage incurred by any client, for any perceived failure by you, whether financial or otherwise, including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, and whether in tort (including without limitation negligence, contract or otherwise), whether justified or otherwise, to achieve a material improvement in quality of life or to achieve your desired outcomes or goals, following commencement of the Services.
f. My liability to you shall at all times be limited to the amount paid, if any, by you for the Services.
9. PAYMENT POLICY
a. Payment methods: Currently I accept PayPal and bank transfer. More payment options will be added when they’re ready. For Happiness Coaching Service, the current payment method is only bank transfer and payable in full up to 48 hours before our first paid appointment (after initial consultation).
b. Time of payment: Payment of the Fee by you shall be by Paypal at the booking. In case of bank transfer, the payment needs to be on my bank account, stated in the booking confirmation which is sent via email, a minimum of 48 hours before your first paid Session.
c. Currency: Payment of all sums shall be made in EURO. Any possible fee applied to a currency conversion imposed by the payment provider or your bank shall be born by you.
d. You understand and agree that, should you fail to comply with this Clause, peasfulyoga reserves the right to:
(i) charge administration costs (5%) on top of the outstanding full amount; and
(ii) cancel or terminate further coaching sessions until full payment including administration costs have been made.
e. The Fee as shown at each Service does not include transportation costs, unless otherwise stated.
10. CANCELLATION POLICY
a. Plans change often in life so no sweat about that. You can cancel up to 1 day (or 24 hours) prior to your appointment. Simply use the calendar function in the appointment confirmation e-mail to reschedule your appointment, or let me know at firstname.lastname@example.org and include your alternative date and time.
b. If you wish to postpone a one-time coaching session, you acknowledge and agree that I cannot guarantee to reschedule the same for your preferred date and time.
c. If you wish to postpone further coaching sessions in a multiple sessions package, which you have paid in full prior to the first session, you acknowledge and agree that you have up to a total of 6 months from the booking date to use up all sessions.
11. TERMINATION POLICY
a. One-time coaching is, by definition, terminated after the one-time session ended. There is no automatic renewal or continuation of the Services.
b. Multiple sessions package is, by definition, spread through its pre-defined length of 11 appointments, as shown in the description of the Services. If you change your mind and wish to terminate the contract in between, simply send me an email up to 72 hours after our last session. You agree to disclose your reason for abandoning the use of my Services in the same email.
c. In exceptional circumstances, such as illness or unavailability due to bereavement or other commitments, inappropriate behaviour by the client, actual or potential conflict of interest, or other reasons, I can decide to terminate the service early or refuse or be unable to provide further coaching sessions to you. In such a circumstance, you, the client, will be given reasonable notice of termination by me where practicable, and will be refunded any advance payments made for coaching sessions not yet provided.
d. There may be occasions when I may recommend that you seek an alternative service more suited to your current needs. In this event I will fully discuss the reasons for the recommendation with you at my discretion. It is your sole responsibility to decide whether to follow the recommendation and peasfulyoga does not accept any liability for the outcome of any decisions you choose to make.
12. REFUND POLICY
a. Peacefulness and happiness are what I want you to experience through my Services and therefore, if you aren’t, your money will be refunded without any quibbles. You may ask for a refund within 3 days (72 hours) after our last coaching session via e-mail to email@example.com .
b. A granted refund only applies to the most recent coaching session.
c. The refund will be made to the same payment method as was originally paid from.
d. If a refund is granted, both parties have the right to terminate the coaching agreement from there onwards in writing, and peasfulyoga shall not be liable to you to provide any future Services and you shall not be liable for any future instalments due provided you no longer wish to have any more Sessions.
e. No refund will be granted after the 3 days’ notice period.
f. If the multiple sessions package is not used up within 6 months after the booking date, during same timeframe you have not expressed your wish to discontinue altogether via email, the remaining paid fee is forfeited.
All notices to be given under these Terms will be in writing, including email. Any notice given by email shall be deemed served when dispatched. No variation to these Terms shall be binding unless agreed in writing and signed by both parties.
14. FORCE MAJEURE
Peasfulyoga shall not be liable to you or deemed to be in breach of these Terms by reason of any delay in performing or any failure to perform any of our obligations in relation to the Services, if the delay or failure was due to any cause beyond our reasonable control.
No delay or failure by either party to exercise any of its powers, rights or remedies under these Terms will operate as a waiver of them, nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver to be effective must be in writing.
If any part of these Terms is found by a court of competent jurisdiction to be invalid, unlawful or unenforceable then such part will be severed from these Terms, the remainder of which will continue to be valid and enforceable to the fullest extent permitted by law.
17. ENTIRE AGREEMENT
These Terms together with our booking confirmation constitute the entire agreement between the parties and shall exclude of any other agreement, or understanding of any kind, whether oral or written, relating to the Services.
18. GOVERNING LAW AND JURISDICTION
These Terms shall be governed by and construed in accordance with Dutch law and the parties hereby agree to submit to the exclusive jurisdiction of the Dutch courts.
Website Terms and Conditions
1. Users should assume that everything they see or read on this site is copyrighted unless otherwise noted and may not be used without the written permission of peasfulyoga except as provided in these Terms and Conditions or in the text on the site. Peasfulyoga neither warrants nor represents that the use of materials displayed on the site will not infringe rights of third parties not owned by or affiliated with the advertising company.
2. Users may download and distribute materials displayed on the site provided that
(a) permission to download and distribute is given by peasfulyoga in writing;
(b) users do not alter, modify or receive consideration for the materials in any way; and
(c) that they also retain all copyright and other proprietary notices contained on this coaching website.
While peasfulyoga uses reasonable efforts to include accurate and up-to-date information on the site, peasfulyoga makes no warranties or representations as to its accuracy.
3. Peasfulyoga assumes no liability or responsibility for any errors or omissions in the content on the site. In particular, all press releases and other materials which are contained in this site were, to the best of peasfulyoga’s knowledge, timely and accurate when issued; however, the passage of time can render information stale, and users should not rely on the continued accuracy of any such material beyond the date of issuance. All users should carefully check the dates of issuance of the material contained in this coaching website.
4. Browsing of the site is at the user’s own risk. Peasfulyoga or any other party involved in creating, producing, or delivering the site do not accept liability for any direct, incidental, consequential, indirect, or punitive damages arising out of access to, or use of, the site. Users should be aware that when they access the peasfulyoga site they could be directed to other sites that are beyond the control of peasfulyoga. These other sites may collect data or solicit personal information.
5. Peasfulyoga also assumes no responsibility, and shall therefore not be liable, for any damages to, or viruses that may infect users’ computer equipment or other property on account of access to, use of, or browsing in the site or the downloading of any materials, data, text, images, video, or audio from the site.
6. Images of people or places displayed on the site are either the property of, or used with permission by peasfulyoga. The use of, or the authorization of use of, these images by users is prohibited unless specifically permitted by these Terms and Conditions or specific permission provided elsewhere on the site. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
7. The trademarks displayed on this coaching website are registered and unregistered trademarks of peasfulyoga or others. Nothing contained on the site should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any trademarks displayed on the site without the written permission of peasfulyoga or such third party that may own the trademarks displayed on the site. The misuse of the trademarks displayed on the site, or any other content on the site, except as provided in these Terms and Conditions, is strictly prohibited and is a violation of peasfulyoga’s intellectual property rights.
8. Peasfulyoga has not necessarily reviewed all of the sites linked to the site and is not responsible for the contents of any off-site pages or any other sites linked to the site. The linking to any other off-site pages or other sites is at the users’ own risk.
10. Peasfulyoga may at any time revise these Terms and Conditions by updating this posting. Users are bound by any such revisions and should therefore periodically visit this page to review the then current Terms and Conditions to which they are bound.