Terms and Conditions of Spirit of Soul

For Spirit of Soul services in the areas of coaching and Transformation & Rebalancing Retreats

1. Definitions

In these general terms and conditions, the following definitions shall apply:

1.1 General Terms and Conditions: these general terms and conditions.

1.2 Contractor: Muriel van den Hurk, director Muriel van den Hurk, Spirit of Soul, who uses these general terms and conditions to offer services.

1.3 Client: the person, company or body that commissions the work.

1.4 Coachee: the person who participates in a retreat, soul travel, program, or coaching program, the latter if he himself is not the client.

1.5 Services: all products and services provided by the Contractor to the Principal, including coaching and other forms of guidance, or consultancy, all in the broadest sense of the word, as well as all other work performed for the Principal, organization of events, of whatever nature, performed in the context of an assignment, including work not performed at the Principal's express request.

1. Applicability

2.1 These general terms and conditions apply to all offers and agreements in which the Contractor

offers or provides services and or work. Deviations from these terms and conditions are valid only if expressly agreed upon in writing.

2.2 Not only the contractor but also all persons or companies involved in the performance of any assignment for the client may rely on these general terms and conditions.

2.3 These general terms and conditions also apply to additional assignments and follow-up assignments from the client.

2.4 Any purchase or other general terms and conditions of the Client shall not apply unless expressly accepted by the Contractor in writing.

1. Quotes

3.1 Quotations made by the contractor are without obligation; they are valid for 30 days, unless otherwise indicated. The contractor shall only be bound by the offers if the acceptance thereof is confirmed in writing by the other party within 30 days.

3.2 The prices in the quotations mentioned are exclusive of VAT, unless otherwise indicated.

3.3 Quotes are based on the information available with the Contractor.

1. Execution of the agreement

4.1 Agreements concluded with the Contractor lead to an obligation of effort for the Contractor, not to an obligation to achieve a result, whereby the Contractor is obliged to fulfil its obligations in such a way as may be expected of the Contractor in accordance with standards of care and craftsmanship at the time of performance. The Contractor shall comply with the guidelines and rules of conduct of the International Coach Federation (ICF) to the best of his knowledge and ability.

4.2 If and to the extent required for the proper performance of the agreement, the contractor shall be entitled to have certain work performed by third parties. This will always take place in consultation with the client.

4.3 The client shall ensure that all information which the contractor indicates is necessary or which the client should reasonably understand is necessary for the performance of the agreement is provided to the contractor in a timely manner. If the data required for the performance of the Agreement are not provided to the Contractor in good time, the Contractor will be entitled to suspend the performance of the Agreement and/or to charge the Principal the additional costs arising from the delay in accordance with its usual rates.

4.4 The Contractor shall not be liable for damages of any kind due to the fact that the Contractor has relied on incorrect and/or incomplete data provided by the Client, unless such incorrectness or incompleteness should have been known to the Contractor.

1. Contract duration and termination

5.1 If the agreement concluded between the parties relates to the delivery of the same performance more than once, it shall be deemed to have been entered into for an indefinite period of time unless expressly agreed otherwise in writing.

5.2 Either party may terminate the agreement in writing at any time. If the duration of the assignment is one year or longer, the parties must observe a notice period of at least 3 months.

1. Modification of the agreement

6.1 If during the execution of the agreement it appears that for a proper execution it is necessary to change or supplement the work to be performed, the parties will adjust the agreement accordingly in good time and in consultation.

6.2 If the parties agree that the agreement will be amended or supplemented, this may affect the time of completion of the performance. The contractor will inform the client as soon as possible. If an amendment or supplement to the Agreement has financial and/or qualitative consequences, the Contractor will inform the Principal as soon as possible.

6.3 If a fixed fee has been agreed upon, the Contractor will indicate the extent to which the amendment or supplement to the Agreement will result in an overrun of this fee.

1. Secrecy

7.1 The parties are obliged to keep confidential all confidential information they have obtained from each other or from other sources in the context of their agreement. Information is considered confidential if it has been told by the other party or if it arises from the nature of the information.

7.2 The assignment will not be referenced externally by the contractor without the client's consent.

1. Intellectual property

8.1 To the extent that any copyright, trademark, design, trade name, or other intellectual property rights are vested in the services provided by the Contractor in performance of the Agreement, the Contractor shall be and remain the holder or owner of such rights. The Client may only use the tangible carriers of these rights for the purpose for which they were provided to the Client, may not reproduce them and may not alter or remove any copyright, trademark, design, trade name or other designations.

8.2 The Contractor reserves the right to use the knowledge acquired in the performance of the work for other purposes, to the extent that no confidential information is disclosed to third parties.

1. Payment

9.1 Unless otherwise agreed in writing, payment shall be made within 14 days of the invoice date, in a manner to be indicated by the Contractor in the currency in which the invoice was raised. Payment shall be made without deduction, compensation or suspension on any account whatsoever.

9.2 If the client has not paid the amounts due by the due date, he will automatically be in default without further notice of default being required. In the event of payment default by the Principal, the Contractor will be entitled to discontinue or suspend all work to be performed for the Principal with immediate effect, without being liable to the Principal for damages in any way.

9.3 In the event of default of payment, the client shall also owe default interest on the outstanding claims equal to the legal interest rate.

9.4 In the event of the liquidation, bankruptcy or suspension of payments of the client, the claims of the contractor and the client's obligations to the contractor will be immediately due and payable.

9.5 Payments made by the client always serve to settle firstly all interest and costs due, secondly due invoices that have been outstanding the longest, even if the client states that the payment relates to a later invoice.

9.6 If more than the usual effort is required of the Contractor for performance of the Agreement, the Contractor may require payment (or equivalent security) prior to commencement of the work.

1. Collection costs

10.1 In the event that the Contractor decides, for reasons of its own, to take legal action to collect a claim for non-payment of one or more unpaid invoices, the Principal will be obliged, in addition to the principal sum and interest due, to reimburse all judicial and extrajudicial costs reasonably incurred. This shall always include the costs of collection agencies, as well as the costs and fees of bailiffs and lawyers, even if these exceed the legally awarded legal costs. The compensation for judicial and extrajudicial costs incurred shall amount to at least 15% of the principal sum due.

1. Liability

11.1 The contractor accepts no liability whatsoever, howsoever, for damage caused by or in connection with services, work or organization of events performed by him, unless the client proves that the damage was caused by intent or gross negligence of the contractor.

11.2 The contractor's liability is limited to the invoice value of the order, at least that part of the order to which the liability relates.

11.3 Notwithstanding the provisions of paragraph 2 of this article, in the case of an assignment with a duration of more than six months, liability shall be further limited to the invoice amount due over the last six months.

11.4 If damage is caused to persons or property by or in connection with the performance of services by the Contractor or otherwise, for which the Contractor is liable, such liability shall be limited to the amount paid out under the general liability insurance policy taken out by the Contractor, including the deductible borne by the Contractor in connection with such insurance.

11.5 Any liability of the contractor for trading losses or other indirect or consequential damages of any kind is expressly excluded.

1. Cancellation or termination of the agreement

12.1 Contractor has the right to cancel a retreat, Soul Travel, program, training, guidance/coaching program or organization of an event or to refuse participation of a client or to refuse the coachee designated by the client without giving any reason, in which cases the client is entitled to a refund of the full amount paid by it to Contractor.

12.2 The client for a retreat, Soul Travel, program, training, mentoring or coaching program or organization of an event has the right to cancel participation in or assignment for a retreat, Soul Travel, program, training, mentoring or coaching program by registered mail.

12.3 Cancellation by the client of the assignment can be done free of charge up to 4 weeks before the start of a retreat, Soul Travel, program, training, guidance or coaching program. Failure to cancel will oblige the client to pay the total amount of the program, Soul Travel, training, guidance or coaching program.

12.4 For cancellation within 4 weeks up to and including 1 week before the start of a retreat, Soul Travel, program, training, guidance or coaching program, the contractor is entitled to charge 50% of the amount due and for cancellation within one week the full amount.

12.5 In the event that the client or the coachee designated by the client, after the commencement of a retreat, Soul Travel, program, training, guidance or coaching program, terminates its participation prematurely or does not participate in it in any other way, the client is not entitled to any refund, unless the special circumstances of the case, in the judgment of the contractor, justify otherwise.

12.6 An individual counseling or coaching session may be cancelled or rescheduled free of charge up to 24 hours before the start of the session. In case of cancellation or rescheduling within 24 hours, the contractor is entitled to charge the full fee agreed upon for the conversation. If the client or designated coachee does not appear at the scheduled interview, the same rates will be applied.

12.7 If either party materially fails in the performance of its obligations and, after being expressly reminded of this by the other party, fails to fulfill this obligation within a reasonable period of time, the other party shall be entitled to terminate the agreement without the terminating party owing the defaulting party any compensation. The services rendered until termination shall be paid for in the agreed manner.

12.8 Upon cancellation of an event organized by the contractor, all costs already incurred for the purpose of the event shall be charged in full to the client.

1. Personal data

13.1 By entering into an agreement with the contractor, permission is granted to the contractor to automatically process the personal data obtained from the agreement. This personal data will be used by the contractor exclusively for its own activities.

1. Disputes

14.1 Any agreement between the Contractor and the Client shall be governed by Dutch law.

14.2 Disputes arising from agreements to which these general terms and conditions apply and which do not fall within the competence of the subdistrict court, shall be submitted to the competent court of the district in which the contractor is established.