THAT FERTILE FEELING TERMS AND CONDITIONS 

 

Clause 1 Definitions

 

1. That Fertile Feeling, which has its registered office in Zwartewaal and is registered in the commercial register of the Dutch Chamber of Commerce with registration number 85185655, shall be referred to as the Service Provider in these general terms and conditions.

2. Customer means the person participating in a workshop, online programme, online training, event, session or mentorship programme.

3. The contract means the contract for services based on which the Service Provider performs work against payment and to which the general terms and conditions have been declared applicable.

4. Online content means an online programme, online training or online event.

 

Clause 2 Applicability of General Terms and Conditions

 

1. These terms and conditions shall apply to all offers made by or on behalf of the Service Provider to which the Service Provider has declared them to apply, unless a variation to these terms and conditions is explicitly agreed in writing.

2. The conditions also apply to actions of third parties engaged by the Service Provider in the context of the contract.

3. The version of these general terms and conditions applicable at any time shall be the version most recently sent and accepted.

4. The application of any business customer's general terms and conditions is explicitly excluded.

5. If at any time any provision (or provisions) of these general terms and conditions is (or are), either as a whole or in part, void or annulled, the remaining provisions of these general terms and conditions shall remain fully applicable.

 

Clause 3 Offer

 

1. If no acceptance period has been set in the offer, the offer will expire after 10 calendar days.

2. The Service Provider shall not be bound by an offer they have made if the Customer can reasonably be expected to have understood that the offer, or part of the offer, contains a manifest error or mistake.

3. An offer does not automatically apply to follow-up orders.

 

Clause 4 Rates and Payments  

 

1. The contract is entered into for a definite period of time, unless the nature of the contract dictates otherwise or if parties expressly agree otherwise in writing.

2. The obligation to pay arises with the conclusion of the contract. Unless otherwise agreed, the entire amount will be invoiced in advance. If it is agreed to invoice in instalments, the Service Provider is entitled to suspend the work or access to the content until a (next) payment has been made. An initial payment must always be settled before starting.

3. The rates agreed upon at the conclusion of the contract are based on the price level applied at that time. The Service Provider has the right to adjust the fees for future offers/agreements at any time, if changed circumstances so require. Adjusted rates will be communicated to the Customer as soon as possible. Fees will not be increased within the term of a current agreement.

4. Invoices must be paid within 7 calendar days of the invoice date, unless the parties have made other arrangements in writing, the work is to commence earlier or a different payment term is stated on the invoice.

5. If the Customer fails to pay an invoice on time, if a direct debit cannot be collected, if a direct debit is cancelled without good reason or if a payment is reversed, the Customer is in default by operation of law and owes statutory interest after a single reminder or notice of default has been sent. The interest on the amount due will be calculated from the moment the Customer is in default until the moment of payment of the amount due in full. 

6. If the Customer is in default of fulfilling his obligations, all reasonable costs incurred in obtaining payment out of court shall be borne by the Customer.

7. In the event of liquidation, bankruptcy, seizure or suspension of payment of the Customer, the claims of the Service Provider shall be immediately due and payable and any licenses already granted shall immediately expire. 

 

Clause 5 Provision of Information

 

1. The Customer shall provide all information relevant to the implementation of the contract to the Service Provider in good time. This includes, where applicable, information relating to physical health, medical history, pregnancy, recent procedures, medication use, and any psychological or emotional conditions that may affect participation.

2. The Customer is responsible for the accuracy, completeness, and timeliness of the information provided, even if such information originates from third parties. The Customer acknowledges that withholding relevant information may affect the quality and safety of the services provided. The Service Provider shall keep all information confidential.

3. The Customer is responsible for assessing, in consultation with a qualified medical professional where appropriate, whether participation in the services is suitable for their physical and mental condition. The Service Provider does not provide medical diagnoses or treatment.

4. The Customer shall inform the Service Provider without delay of any changes in circumstances that may affect participation, including changes in health, pregnancy status, medication, or emotional well-being.

5. The Customer is liable for any damage or loss arising from incorrect, incomplete, or untimely provision of information.

6. If the Customer does not provide the required information or does not do so in time and the execution of the assignment is delayed as a result, the resulting additional costs shall be borne by the Customer.

7. The Customer acknowledges that participation in the services may involve emotional or psychological processes. The Customer remains responsible for their own participation and for seeking additional professional support where needed.

 

Clause 6 Performance of the Contract 

 

1. The Service Provider performs the services to the best of her knowledge, skill, and ability, and in accordance with the standards that may reasonably be expected of a professional in her field.

2. The Service Provider does not guarantee any specific results. The Customer acknowledges that outcomes may vary and depend on various factors, including the Customer’s own engagement, circumstances, and integration of the work.

3. The services provided are complementary in nature and do not constitute medical, psychological, or therapeutic diagnosis or treatment. The Service Provider does not replace the role of a physician, midwife, psychologist, or other licensed healthcare professional.

4. The Customer remains fully responsible for their own physical and mental health and for any decisions made based on the information or experiences gained during the services.

5. The Customer is responsible for seeking appropriate medical or professional support where necessary.

6. The Service Provider is entitled to engage third parties in the performance of the services, where necessary.

 

Clause 7 Changes in the Contract

 

1. If during the execution of the assignment it turns out that it is necessary to change or supplement the work to be carried out, the parties will amend the contract in good time and in consultation.

2. For certain trajectories and training courses, an intake as well as  participation requirements may apply. The Service Provider reserves the right to refuse or terminate participation if, in her professional judgment, participation is not appropriate.

3. The Service Provider has the right to suspend or terminate the contract if the obligations under the contract are not fulfilled or if new circumstances have arisen that were not yet known at the time of the conclusion of the contract.

4. In the event of unforeseen circumstances, the Service Provider may interrupt, reschedule or cancel the services. Unforeseen circumstances include, but are not limited to, illness or situations affecting the proper execution of the contract. Changes as referred to in this paragraph are made known to the Customer as soon as possible. The parties will together seek a suitable solution and try to reschedule the session. If this is not possible, the Customer has the right to dissolve the contract.

5. If the Customer is a consumer and the contract is concluded at a distance, the Customer has the right to withdraw from the contract within 14 calendar days after conclusion, unless the service has already started with the Customer’s prior consent or the contract concerns digital content that is made available immediately. Next to this statutory cooling-off period, the following cancellation conditions apply:

6. If the Customer cancels the agreement before the start of the services, the Service Provider is entitled to charge 25% of the agreed amount. If the Customer cancels after the start of the services, the hours already worked and costs incurred will be charged, and the Service Provider is entitled to reasonable compensation for the remaining part of the agreement. For programmes with a fixed duration or payment plan, the Customer remains responsible for payment of the agreed amount, unless otherwise agreed. The Service Provider reserves the right to deviate from the above in exceptional circumstances.

7. Digital products and online content are non-refundable once access has been granted. By completing the purchase and receiving access, the Customer acknowledges that the right of withdrawal no longer applies.

8. Access to online content may only be transferred or resold with prior written consent of the Service Provider and under the conditions set by the Service Provider.

9. A session may be rescheduled free of charge up to 24 hours before the scheduled start time. In one-to-one trajectories, a maximum of two sessions may be rescheduled free of charge, unless otherwise agreed. In case of rescheduling within 24 hours, failure to attend, or exceeding the allowed number of reschedules, the session will be considered used and will be charged accordingly. The Service Provider may, at her discretion, make exceptions in exceptional circumstances.

10. If the Customer is more than 15 minutes late, the Service Provider reserves the right to shorten or cancel the session. The session may be considered used.

11. Specific cancellation conditions for workshops or events may apply and will be communicated in advance.
    
     

Clause 8 Additional Provisions Online Content & Courses

 

1. Access to online content will be granted after full or agreed partial payment has been received, unless otherwise agreed.

2. Digital content and online programmes are non-refundable once access has been granted. By completing the purchase and receiving access, the Customer acknowledges that the right of withdrawal no longer applies.

3. The Service Provider reserves the right to adjust prices for future offers or re-releases of the content. Temporary promotional pricing may apply.

4. The Service Provider performs the services to the best of her knowledge and ability. No guarantee is given regarding specific results. The Customer remains responsible for the application and integration of the knowledge and practices offered..

5. The Service Provider is not responsible for temporary unavailability of content due to technical issues or third-party platforms.

6. The Service Provider reserves the right to refuse or terminate access to the content if the Customer acts in violation of these terms or in a way that disrupts the integrity or safety of the environment. In such cases, no refund will be due.

7. The Service Provider reserves the right to expand, limit, or adjust the content, provided that the overall nature and value of the programme remain intact.

8. The Customer receives a limited, non-transferable, and personal right to use the content for their own purposes. The content is not intended for distribution, reproduction, or commercial use. The Customer is entitled to make screenshots of the content to a limited extent, provided that it is accompanied by the name of the Service Provider when published on social media.

9. The Customer is not permitted to copy, reproduce, distribute, teach, or commercially use the materials, structure, or content of the programme, in whole or in part, without prior written consent from the Service Provider.

10. The Service Provider will inform the Customer of the period during which the content is available. The Customer is responsible for accessing and, where possible, saving the materials within that period.

11. When participating in any community or communication platform related to the content, the Customer agrees to communicate respectfully and refrain from spam, unsolicited promotion, or disruptive behavior.

12. The Service Provider reserves the right to remove content, comments, or participants from any platform if necessary to maintain a safe and respectful environment.

13. In case of exclusion from participation due to violation of these terms, the Customer remains responsible for payment of the agreed amount.

 

Clause 9 Additional Provisions Group Programme

 

1. A minimum number of participants may be required for a group programme to take place. If this minimum is not reached, the Service Provider reserves the right to cancel or reschedule the programme. In such cases, the Customer will be offered a suitable alternative or a refund of the amount paid.

2. The Customer is expected to participate actively and to the best of their ability in the programme, including attending sessions and engaging with the process.

3. Both the Service Provider and the participants are responsible for contributing to a safe, respectful, and confidential environment. The Customer agrees to respect the privacy of other participants and not to share personal information, experiences, or content from other participants outside the group setting. The Service Provider cannot guarantee the behavior of other participants, but will take reasonable steps to maintain a safe group environment.

4. If the Customer repeatedly fails to comply with the participation guidelines or behaves in a way that disrupts the group process or safety, the Service Provider reserves the right to exclude the Customer from further participation. In such cases, no refund will be due.

5. The Service Provider reserves the right to adjust the format or content of the programme where necessary, provided that the overall nature and value of the programme remain intact.

6. Participation in a group programme is entered into for the agreed duration. Cancellation by the Customer does not entitle the Customer to a refund, unless otherwise agreed.The Service Provider may, at her discretion, offer a partial refund or alternative solution in exceptional circumstances.

7. If the programme includes individual sessions, these may be rescheduled in accordance with the general rescheduling policy as stated in these terms and conditions.

8. Group sessions cannot be rescheduled or made up, unless otherwise agreed.

9. It is not permitted to make video or audio recordings during group sessions, unless explicitly agreed by the Service Provider and all participants.

10. The provisions regarding online content and participation as described in Clause 8 also apply to group programmes where relevant.

 

Clause 10 Force Majeure

 

1. In the event of force majeure, the parties are entitled to interrupt or reschedule the agreement. Force majeure applies, among other things, if the execution of the agreement is prevented, temporarily or otherwise, by circumstances beyond the reasonable control of the parties, such as illness, accidents, fire, natural disasters, human actions (wars, terrorism, strikes and civil unrest), government restrictions (embargoes, quarantines or new pregulations prohibiting performance), specific disruptions (pandemics, epidemics, or widespread internet/utility outages), and any other events beyond the reasonable control of the parties.

2. If a situation as described in the first paragraph of this Clause arises, or if other circumstances occur as a result of which the contract can temporarily not be continued, obligations will be suspended as long as the parties are unable to fulfil their obligations. In such a situation, the parties jointly seek a solution. If this situation continues without an appropriate solution, both parties shall be entitled to dissolve the contract in writing without any obligation or entitlement either to compensation or to have the obligations and performance under the contract prior to that time reversed (ongedaanmaking). The costs incurred and hours worked up to that point will become immediately due and payable.

3. In the case of a B2B agreement, the parties will reschedule the services where possible, and the payment obligation remains in force.

4. If the Customer wishes to reschedule for reasons that do not fall under force majeure, the Service Provider is entitled to apply the standard rescheduling and cancellation conditions.

 

Clause  11 Liability for Damage or Loss

 

1. The Service Provider is only liable for damage to the extent that such damage is the direct result of intent or gross negligence on her part, and only to the extent permitted by law.

2. The Service Provider is not liable for physical, emotional, or psychological effects arising from participation in the services, unless such damage is the direct result of intent or gross negligence.

3. The Service Provider is not liable for damage resulting from incorrect, incomplete, or untimely information provided by or on behalf of the Customer.

4. The Customer remains responsible for their own decisions, actions, and the way in which they apply the information and experiences gained during the services.

5. The Customer remains at all times responsible for the application or execution of knowledge or actions as gained during the agreement. 

6. The Service Provider is not liable for acts or omissions of third parties engaged in the performance of the services.

7. If the Service Provider is liable for any direct damage, such liability shall be limited to the amount paid by the Customer for the services in the three months preceding the event giving rise to the damage, unless reasonableness and fairness dictate otherwise.

8. The Customer indemnifies the Service Provider against claims from third parties arising from the Customer’s use of the services, insofar as such claims are not attributable to the Service Provider.

9. Nothing in these terms shall exclude or limit liability where such exclusion or limitation is not permitted by law.

 

Clause 12 Intellectual Property

 

1. All intellectual property rights to the materials, content, and information provided by the Service Provider, including but not limited to texts, audio, video, exercises, and methodologies, remain the property of the Service Provider, unless otherwise agreed in writing. Any action conflicting with the provisions of this clause shall constitute an infringement of copyright. It is not permitted to reproduce, distribute, share, publish, or make available to third parties any materials or content provided by the Service Provider without prior written consent.

2. In the event of an infringement, the Service Provider shall receive a sum that is at least three times the regular license fee for such use, without losing any entitlement to compensation for any other damage/loss suffered. 

3. It is not permitted to make audio or video recordings during group sessions without prior consent of the Service Provider and all participants. During one-to-one sessions, recordings may only be made with the consent of the Service Provider and are intended for personal use only.

4. The Service Provider may use images, recordings, or testimonials created during the execution of the agreement for promotional purposes, provided that the Customer has given prior consent. The Customer has the right to object to the use of such materials at any time.

5. The materials and content are intended for personal use and inspiration only, and are not to be used for teaching, training, or commercial purposes without prior written permission.

 

Clause 13 Special Provisions

 

1. Both parties are bound to secrecy with regard to all confidential information that they have obtained in the context of their contract.

 

Clause 14 Complaints

 

1. In the event of any complaint about invoices and/or quotations, the Customer must notify the Service Provider within 14 calendar days after the complaint has arisen, in writing and giving reasons. 

2. The Service Provider must be given the opportunity to rectify the shortcoming.

3. Lodging a complaint does not suspend the payment obligation.

 

Clause 15 Dispute Resolution

 

1. These general terms and conditions are subject to Dutch law.

2. The parties shall not apply to the courts unless they have already made every effort to settle any dispute by mutual agreement.

3. All disputes shall be settled by the competent court in the district in which the Service Provider has its place of business, unless otherwise provided by law.

4. Notwithstanding the statutory limitation periods, the limitation period for all claims and defences against the Service Provider and any third parties involved shall be 12 months.