Terms and Conditions

General Terms and Conditions – Xellent Personal Training

Version 4.0
Effective date: 1 January 2026
Chamber of Commerce: 73099929
VAT: NL001248774B12
Registered address: Palmpolstraat 85-87
E-mail: info@xellentpt.nl
Phone: +31 (0)6 22 44 92 75

Article 1 – Definitions1.1 Personal Training: professional guidance in training, lifestyle and coaching.
1.2 Personal Trainer: a qualified trainer working under or on behalf of Xellent Personal Training.
1.3 Duo Participants: two natural persons aged 16 or older who jointly participate in sessions and have chosen each other. Both participants are individually responsible for their own health and obligations under the agreement.
1.4 Online Coaching: guidance provided remotely via digital communication tools.
1.5 Flex Subscription: an agreement without a fixed training frequency to which specific conditions apply.
1.6 Session: a pre-scheduled training or coaching moment supervised by a personal trainer.
1.7 Contract Term: the agreed duration of the training or coaching package as stated on the registration form, agreement and/or invoice.
1.8 Validity of Sessions: the contract term extended by one calendar month after expiration of the contract term.
1.9 Expiry of Sessions: after the validity period, all unused sessions automatically and irrevocably expire without the right to reschedule, extend or receive a refund, unless otherwise agreed in writing or unless application would be unacceptable according to standards of reasonableness and fairness.
1.10 Agreement: the agreement between the client and Xellent Personal Training regarding participation in training or other services.
1.11 Client: the participant in the services of Xellent Personal Training.

Article 2 – Applicability and Health
2.1 These general terms and conditions apply to every agreement between Xellent Personal Training and the client.
2.2 By participating in the services, the client declares to have taken note of and agreed to these terms.
2.3 The client declares to the best of their knowledge to be physically and mentally capable of participating in training.
2.4 Xellent Personal Training advises the client to consult a physician in case of doubt.
2.5 The client is obliged to complete the health declaration fully and truthfully and to immediately report any changes in health that may affect training.
2.6 Participation in training takes place at the client’s own risk, to the extent permitted by law.

Article 3 – Provision of Services
3.1 Xellent Personal Training has an obligation of effort, not of result. Achieving specific goals depends partly on factors outside the control of Xellent Personal Training, such as lifestyle, nutrition and participant commitment.
3.2 The participant must submit preferred training days and times for the following week no later than Saturday before 18:00.
3.3 Late submissions will be scheduled only if the trainer’s agenda allows. Availability cannot be guaranteed. Unsheduled sessions expire without the right to reschedule or receive a refund, unless otherwise agreed in writing.
3.4 The agreement is entered into based on a fixed number of sessions per week corresponding to the selected package. The client is obliged to use this number of sessions per week during the contract term. Non-use does not release the client from payment obligations.
3.5 Xellent Personal Training reserves the right to adjust the training program or assign another trainer if reasonably necessary.
3.6 The client must follow reasonable instructions of the trainer and applicable house rules.
3.7 In case of violation of house rules or improper conduct, participation may be refused without the right to a refund.
3.8 Xellent Personal Training is entitled to change the training location if reasonably necessary for proper service delivery.
3.9 The personal trainer is entitled to refuse, interrupt or terminate a session if, in the trainer’s judgment, the safety or health of the client, trainer or third parties is at risk.
3.10 If application of a provision in this article would be unacceptable according to standards of reasonableness and fairness, the provision shall be applied to the extent permitted by law.

Article 4 – Duration and Forms of Services
4.1 Personal Training 30 minutes: each session lasts 30 minutes.
4.2 Personal Training 60 minutes: each session lasts 60 minutes.
4.3 Extension of sessions is not a right and occurs solely at the discretion of the trainer.
Article 4A – Flex Subscription
4A.1 Training frequency may be reduced one month in advance and increased immediately.
4A.2 Unused sessions expire at the end of the payment period.
4A.3 In case of late payment, services may be suspended.
4A.4 Payment obligations remain in force during suspension.
Article 4B – Online Coaching
4B.1 Online coaching takes place without physical supervision.
4B.2 The client is responsible for the safe execution of exercises.
4B.3 Xellent Personal Training is not liable for damage during independent execution of exercises, except in cases of intent or deliberate recklessness.
4B.4 Digital communication is deemed received at the moment of sending.
4B.5 Xellent Personal Training is not liable for disruptions beyond its control.

Article 5 – Rates and Payment
5.1 Payment shall be made prior to the first session of the relevant month, unless otherwise agreed in writing.
5.2 In case of late payment, the client will first receive a payment reminder. If payment remains outstanding, a formal notice with a 14-day payment term will follow.
5.3 If payment remains outstanding thereafter, the client owes statutory interest.
5.4 Xellent Personal Training is entitled to charge extrajudicial collection costs in accordance with the Collection Costs Act.
5.5 Xellent Personal Training may suspend services in case of payment arrears.
5.6 Unused sessions do not entitle the client to a refund, except when services cannot be structurally delivered by Xellent Personal Training and no reasonable alternative is offered.
5.7 Rates may be indexed annually with 30 days’ prior notice. Indexation does not grant the right to terminate the agreement.
5.8 In duo training, the duo rate remains unchanged if one participant is absent.

Article 6 – Cancellation, Late Arrival and No-Show
6.1 Sessions must be cancelled via WhatsApp or email at least 36 hours in advance.
6.2 Late cancellation results in forfeiture of the session without the right to reschedule or receive a refund.
6.3 If the client is not present within 15 minutes after the scheduled start time, this is considered a no-show.
6.4 In case of a no-show, the session is fully forfeited without the right to extension, rescheduling or refund.
6.5 Xellent Personal Training is not obliged to wait longer than 15 minutes.
6.6 If the trainer is not present within 15 minutes after the scheduled start time without prior notice, the client receives one complimentary replacement session.

Article 7 – Contract Term and Termination
7.1 The agreement is entered into for the agreed contract term.
7.2 Early termination is not possible unless required by law or agreed in writing.
7.3 In case of non-payment, improper conduct or violation of house rules, the agreement may be terminated immediately without refund.
7.4 Existing payment obligations remain fully in force.
7.5 Suspension due to injury or medical limitation
a. In case of a demonstrable injury or medical limitation preventing temporary training, the agreement will be suspended upon request for the duration of the limitation.
b. The client shall report the impediment as soon as possible and provide medical confirmation upon request.
c. During suspension, payment obligations remain in force. Unused sessions do not expire and will be scheduled within a reasonable period after recovery. The contract term is automatically extended by the duration of the suspension.
d. Services resume once the client is able to train again.
e. In case of relocation beyond a radius of 20 kilometers from the training location, payment obligations remain in force unless otherwise agreed in writing.
f. Xellent Personal Training reserves the right to impose reasonable conditions for resuming training in the interest of safety.
g. Continued payment during suspension is based on the continuation of the agreement and reserved capacity. As compensation, unused sessions remain fully valid and will be scheduled within the extended contract term.

Article 8 – Statutory Cooling-Off Period
8.1 The client has a statutory cooling-off period of 14 days after conclusion of the agreement.
8.2 Amounts already paid will be refunded, minus costs for services already provided.
8.3 If the client cancels within the cooling-off period after services have commenced at the client’s request, €85,- per hour is owed for services rendered.
8.4 Cancellation prior to commencement means termination within the cooling-off period before services have started. In that case, only €25 administrative costs are owed.
8.5 After expiration of the cooling-off period, early termination is not possible and all payment obligations remain in force until the end of the contract term.
8.6 The cooling-off and cancellation arrangement applies only to service agreements and not to a free try-out or trial session, which is considered a one-time fully performed service and does not constitute an ongoing service agreement.

Article 9 – Vacation, Illness and Force Majeure
9.1 Vacations must be reported at least one month in advance.
9.2 With timely notice, the contract term may be extended free of charge for a maximum of one month.
9.3 With late notice, sessions expire for the number of weeks the notice was late, up to a maximum of one month.
9.4 Xellent Personal Training may reschedule or cancel sessions in cases of force majeure. Sessions will be moved to a reasonable alternative moment.
9.5 If the trainer is unable to provide services for more than 30 days, services may be suspended or replaced.

Article 10 – Liability
10.1 Participation in training is entirely at the client’s own risk, to the extent permitted by law.
10.2 Xellent Personal Training is only liable for direct damage resulting from attributable failure in performance.
10.3 Liability for indirect or consequential damage is excluded unless caused by intent or deliberate recklessness.
10.4 Liability is limited to the amount paid for the relevant service.
10.5 The client indemnifies Xellent Personal Training against third-party claims.
10.6 Xellent Personal Training is not liable for loss or damage to personal property.
10.7 Xellent Personal Training is not liable for defects in third-party locations or equipment.
Article 11 – Intellectual Property and Media
11.1 All training programs and materials remain property of Xellent Personal Training.
11.2 Distribution or commercial use without written permission is prohibited.
11.3 Photo and video material may be used for promotional purposes. The client grants consent unless written objection is made in advance.

Article 12 – Privacy and Data Processing
12.1 Personal data is processed in accordance with the privacy policy and GDPR.
12.2 Xellent Personal Training is not responsible for data processing by external platforms.

Article 13 – Communication and Agreements
13.1 Agreements and changes are valid only if confirmed in writing or digitally.
13.2 Email and WhatsApp are considered written communication.
13.3 Sharing sensitive information via WhatsApp is at the client’s own responsibility.

Article 14 – Complaints Procedure14.1 Complaints may be submitted via info@xellentpt.nl.
14.2 Confirmation within 5 working days and substantive response within 14 days.
14.3 Effort is made to resolve complaints amicably.
14.4 If unresolved, disputes may be submitted to a competent court.

Article 15 – Amendment of Terms
15.1 Xellent Personal Training may amend these terms.
15.2 Participants will be informed at least 30 days in advance.
15.3 If a change causes material disadvantage, the client may terminate the agreement.
15.4 Agreements remain governed by the version applicable at conclusion.

Article 16 – Final Provision
16.1 If a provision is invalid, remaining provisions remain in force.
16.2 Mandatory law prevails where applicable.
16.3 These terms form an integral part of the agreement.

Article 17 – Applicable Law and Disputes
17.1 Dutch law applies exclusively.
17.2 Disputes are submitted to the competent court unless mandatory law provides otherwise.