General terms
and conditions.

Article 1: Definitions

For the purposes of these General Terms and Conditions:

• Mind Over Muscle: the provider of online coaching in areas including strength training, nutrition, mindset and lifestyle.
• Coaching Programme: the coaching programme offered by Mind Over Muscle, irrespective of its agreed duration or form.
• Participant: the natural person entering into an agreement with Mind Over Muscle.
• Agreement: the individual agreement between Mind Over Muscle and the Participant to which these General Terms and Conditions apply.
• Materials: all materials provided or made available by Mind Over Muscle, including training plans, nutrition plans, spreadsheets, tracking tools, check-in systems, documents, videos, analyses, formats, methodologies and other coaching content.

Article 2: Applicability

• These General Terms and Conditions apply to all agreements and coaching services between Mind Over Muscle and the Participant.
• The specific duration, price, start date, payment structure, billing period and any additional arrangements shall be set out in the individual coaching agreement.
• Any deviation from these General Terms and Conditions shall only be valid if agreed in writing between Mind Over Muscle and the Participant.
• Before or at the time the Agreement is concluded, the Participant shall receive or be given access to these General Terms and Conditions and shall have the opportunity to review them.
• If any provision of these General Terms and Conditions is void, voidable or otherwise unenforceable, the remaining provisions shall remain in force.
• Mandatory consumer rights are not excluded by these General Terms and Conditions.

Article 3: Formation and duration of the Agreement

• An Agreement is concluded after the Participant accepts Mind Over Muscle's offer and Mind Over Muscle confirms the Participant's enrolment.
• The initial duration of the Coaching Programme shall be specified in the individual coaching agreement.
• During an agreed fixed initial term, Mind Over Muscle and the Participant are bound by the Agreement, subject to any statutory rights of withdrawal, termination or rescission.
• Once the agreed initial term has expired, the Agreement shall, unless terminated in due time, automatically continue for an indefinite period.
• During this continued Agreement, Mind Over Muscle shall continue to provide coaching and the coaching shall be invoiced according to the agreed billing period, at the rate agreed or applicable to the continued coaching.
• After the initial term, the Participant may terminate the Agreement continued for an indefinite period subject to a notice period of no more than one month.
• The notice period begins on the date Mind Over Muscle receives the notice of termination.
• Termination may be given in writing, including by email, and may in any event be effected in a manner that complies with applicable statutory requirements.

Article 4: Fees and payment

• The total price of the Coaching Programme shall be specified in the individual coaching agreement.
• Payment shall be made according to the payment structure and billing period agreed in the individual coaching agreement.
• Where payment by instalments has been agreed during a fixed initial term, those instalments constitute a payment arrangement for the total agreed coaching service and do not mean that each individual billing period constitutes a separate Agreement that can be terminated independently.
• Invoices must be paid within fourteen days of the invoice date unless otherwise agreed in writing.
• Temporary non-use or reduced use of the coaching services does not automatically release the Participant from their payment obligations.
• If the Participant fails to pay on time, Mind Over Muscle shall act in accordance with the applicable statutory rules regarding payment arrears, statutory interest and extrajudicial collection costs.
• Where required by law, the Participant shall first receive a notice of default without additional charge and be given the legally prescribed payment period before extrajudicial collection costs are charged.
• In the event of payment arrears, Mind Over Muscle may, to the extent reasonable and legally permitted, temporarily suspend its services until the outstanding amount has been paid.
• Suspension due to payment arrears does not automatically extinguish payment obligations that have already validly arisen.

Article 5: Right of withdrawal and immediate commencement of coaching

• If the Agreement is concluded at a distance with a consumer, for example online, by email or by telephone, the Participant shall in principle have a statutory fourteen-day right of withdrawal.
• The statutory withdrawal period begins in accordance with applicable law.
• If the Participant wishes Mind Over Muscle to commence performance of the Coaching Programme before the statutory withdrawal period has expired, the Participant must expressly request this.
• Before commencement, the Participant shall be informed that if they exercise their right of withdrawal after performance has already commenced at their express request, they may be required to pay a proportionate amount for services performed up to the time of withdrawal, to the extent permitted by law.
• Depending on the circumstances, services already performed may include:
  • intake activities
  • analyses
  • preparation and personalisation of training plans
  • preparation and personalisation of nutritional advice
  • personal coaching
  • feedback
  • video analyses
  • progress analyses
  • other individual services already performed
• The mere fact that Mind Over Muscle has commenced coaching or has made a coaching environment, spreadsheet, training plan or other tool available does not automatically mean that the Participant's entire statutory right of withdrawal has expired.
• Where separate digital content is supplied and different statutory withdrawal rules apply to such content, the relevant statutory consent and information requirements shall apply.
• The Participant's mandatory statutory rights remain unaffected.

Article 6: Participant's obligations and responsibilities

• The Participant shall provide accurate, complete and up-to-date information relevant to the performance of the Coaching Programme.
• The Participant is responsible for implementing training, nutrition and lifestyle advice in daily life.
• The Participant is expected to participate actively, respectfully and in a coachable manner throughout the Coaching Programme.
• The Participant is responsible for providing information necessary for adequate coaching truthfully and on time.
• The Participant remains responsible for their own choices, behaviour and implementation outside Mind Over Muscle's direct guidance.
• If personal circumstances, health, injuries or other relevant circumstances change, the Participant shall inform Mind Over Muscle in a timely manner where this is relevant to the coaching.

Article 7: Progress data, check-ins and analyses

• Progress monitoring may be used within the Coaching Programme to assess the Participant's development and adjust the coaching where necessary.
• Mind Over Muscle may use, among other things:
  • check-ins
  • body weight
  • body measurements
  • progress photographs
  • training data
  • nutrition logs
  • steps and daily activity
  • information concerning sleep, recovery and stress
  • other relevant progress information
• The Participant is responsible for providing requested information truthfully, completely and on time.
• This information is necessary to analyse progress and adequately adjust the coaching where required.
• Failure to provide information, or providing incomplete, inaccurate or repeatedly late information, may affect the quality and effectiveness of the coaching.
• Mind Over Muscle cannot be held responsible for a lack of adequate analysis or adjustment to the extent this results from the Participant's failure to provide the necessary information, or from providing it late, incompletely or inaccurately.

Article 8: Obligations of Mind Over Muscle

• Mind Over Muscle shall perform the Coaching Programme to the best of its knowledge, professional judgement and ability.
• Mind Over Muscle is subject to a best-efforts obligation and does not guarantee any particular result.
• Where possible, coaching shall be tailored to the Participant's objectives, circumstances and progress.
• Mind Over Muscle may adjust the specific content of the coaching during the programme where this is considered necessary or appropriate based on professional judgement.
• Such an adjustment may not materially reduce the core of the agreed services without a valid reason.

Article 9: Results and personal responsibility

• Mind Over Muscle cannot guarantee specific results.
• Results depend on factors including:
  • consistency
  • adherence to training advice
  • nutritional intake
  • training intensity and execution
  • sleep
  • recovery
  • stress
  • daily activity
  • health
  • personal circumstances
  • genetic factors
  • effort and discipline
• The Participant acknowledges that physical transformation and sustainable behavioural change require time and consistent effort.
• Results such as weight loss, fat loss, muscle gain, increased strength, improved fitness or changes in body composition therefore cannot be guaranteed.
• Failure to achieve a desired result does not in itself constitute grounds for a refund, reduction in payment or early termination of a fixed-term Agreement, subject to the Participant's statutory rights.

Article 10: Health, injuries and medical responsibility

• The Participant must inform Mind Over Muscle in a timely manner of relevant injuries, medical conditions, medication and health complaints that may affect the coaching.
• Mind Over Muscle does not provide medical diagnoses or medical, psychological, psychiatric or physiotherapeutic treatment.
• Coaching provided by Mind Over Muscle is not a substitute for advice or treatment from a doctor or other qualified healthcare professional.
• If there is any doubt regarding the medical suitability of training, nutrition or another part of the programme, the Participant should consult an appropriately qualified healthcare professional.
• The Participant is responsible for checking ingredients, allergens and product information where allergies, intolerances or medically prescribed dietary restrictions apply.
• If an injury, illness or other temporary limitation arises during the programme, Mind Over Muscle may, where possible, adapt the coaching to the new circumstances.
• An injury, illness or temporary personal circumstance does not automatically result in suspension, extension, refund or termination of a fixed-term Agreement.
• Where continuation cannot reasonably or legally be required of the Participant, the Participant's applicable statutory rights remain unaffected.

Article 11: Inactivity and insufficient cooperation

• The Coaching Programme is based on active cooperation between Mind Over Muscle and the Participant.
• In order to provide the agreed coaching adequately, Mind Over Muscle depends on timely, complete and accurate information from the Participant.
• The Participant is responsible for providing the information requested for coaching on time, including where applicable check-ins, training data, nutrition logs, progress information, body measurements and other information necessary for analysis and adjustment.
• If the Participant fails to provide such information, provides it incompletely or repeatedly late, fails to respond to relevant communications or otherwise provides insufficient cooperation, Mind Over Muscle may be unable to perform the coaching fully or at all.
• To the extent reasonable and legally permitted, Mind Over Muscle shall not be responsible for the consequences of inadequate coaching or adjustment directly resulting from the Participant's insufficient cooperation.
• In the event of structurally insufficient cooperation, Mind Over Muscle shall inform the Participant in writing of the failure and, where appropriate, provide a reasonable period in which to remedy it.
• If the Participant continues to provide insufficient cooperation after such warning and opportunity to remedy the failure, and this materially impedes or prevents performance of the coaching, Mind Over Muscle may suspend the coaching and, where the breach justifies it, terminate or rescind the Agreement in accordance with applicable law.
• The Participant's non-use of the coaching or failure to provide necessary information does not in itself entitle the Participant to a refund, extension of the programme or reduction in payment.
• If the Agreement is lawfully terminated or rescinded due to a breach attributable to the Participant, there is no automatic entitlement to repayment of amounts already lawfully due. Any remaining payment and refund obligations shall be determined in accordance with the Agreement and applicable law.

Article 12: Early termination and refunds

• Where the individual coaching agreement provides for a fixed initial term, that agreed term shall be the starting point for both parties.
• Loss of motivation, lack of time, holidays, changes in training opportunities, voluntary inactivity, non-use of the coaching or dissatisfaction with one's own progress do not automatically extinguish the agreed payment obligations.
• If the Participant wishes to stop during the fixed term, the financial consequences shall be assessed in accordance with the individual coaching agreement, these General Terms and Conditions and applicable law.
• Amounts already paid shall not automatically be refunded if the Participant terminates the Agreement early. To the extent that the Participant is entitled under mandatory law to a full or partial refund, the amount of such refund shall be determined in accordance with the applicable statutory rules.
• If Mind Over Muscle materially fails to perform its obligations under the Agreement, the Participant retains any statutory rights arising from such failure.
• Nothing in this Article limits mandatory consumer rights.

Article 13: Failure by the Participant to fulfil obligations

• The Participant is required to fulfil the obligations arising from the individual coaching agreement and these General Terms and Conditions.
• If the Participant fails to fulfil an obligation, Mind Over Muscle may notify the Participant in writing and, where required by the nature of the breach, provide a reasonable period in which to remedy the breach.
• If the Participant fails to remedy the breach within the specified period, or where the breach is of such a nature that remedy is not reasonably possible or required, Mind Over Muscle may, to the extent permitted by law:
  • require performance of the relevant obligation
  • suspend the services in whole or in part
  • demand payment of amounts that are lawfully due
  • terminate or rescind the Agreement where the breach justifies doing so
  • claim demonstrable damages where there is a legal basis for such a claim
• Failure to fulfil obligations may include:
  • repeatedly failing to provide information necessary for the coaching
  • structurally failing to cooperate adequately
  • failing to pay amounts due
  • serious or repeated unacceptable conduct
  • unauthorised use, distribution or commercial exploitation of protected Mind Over Muscle Materials
  • other material breaches of the Agreement or these General Terms and Conditions
• Suspension or termination as a result of a breach attributable to the Participant does not automatically entitle the Participant to a refund of amounts already lawfully due or paid.
• This Article does not affect mandatory consumer rights.

Article 14: Intellectual property and coaching materials

• All intellectual property rights in Materials developed by Mind Over Muscle remain vested in Mind Over Muscle or the relevant rights holder.
• Such Materials may include:
  • training plans
  • nutrition plans
  • spreadsheets
  • tracking tools
  • check-in systems
  • coaching documents
  • videos
  • analysis formats
  • written content
  • manuals
  • methodologies
  • programme structures
  • educational content
• The Participant receives only a personal, non-exclusive and non-transferable right to use these Materials in connection with their own coaching.
• Without Mind Over Muscle's prior written consent, the Participant may not, in whole or in part:
  • share the Materials with third parties
  • distribute them
  • copy them for further distribution
  • make them publicly available
  • publish them online
  • sell or resell them
  • commercially exploit them
  • use them as part of their own coaching service or other commercial activity
• Receipt of a spreadsheet, training plan, nutrition plan or other file does not constitute a transfer of intellectual property rights.
• In the event of unauthorised use, Mind Over Muscle may require the infringement to cease immediately and, where there is a legal basis for doing so, claim compensation for demonstrable loss.

Article 15: Contractual penalty for intellectual property infringement

• If the Participant, contrary to Article 14, distributes, sells, commercially exploits or makes protected Materials available to third parties without permission, Mind Over Muscle may claim a contractual penalty to the extent that such penalty is legally enforceable in the circumstances.
• The contractual penalty shall be a maximum of €2,500 per established infringement.
• To the extent permitted by law, Mind Over Muscle reserves the right to claim compensation for actual loss insofar as such loss is not already covered by the contractual penalty.
• The application and amount of any contractual penalty remain subject to applicable statutory rules, including judicial review or reduction and applicable consumer protection rules.

Article 16: Progress and transformation photographs

• Mind Over Muscle may ask the Participant to provide progress or transformation photographs for progress monitoring and personal coaching.
• Photographs provided for coaching purposes shall not automatically be used for marketing purposes.
• Recognisable photographs shall only be used for social media, advertising, the website, testimonials or other marketing and promotional purposes after the Participant has separately provided the required consent.
• Refusing consent for marketing use shall have no negative consequences for the coaching.
• Where consent forms the legal basis for such use, the Participant may withdraw consent for future use in accordance with applicable privacy law.

Article 17: Privacy and personal data

• Mind Over Muscle processes personal data to the extent necessary for performance of the Agreement, coaching, communication, administration and compliance with legal obligations.
• Personal data shall be processed in accordance with applicable privacy legislation, including the General Data Protection Regulation (GDPR).
• Personal information and progress data shall be handled with appropriate care.
• The Participant is responsible for providing accurate personal information.
• Where applicable, Mind Over Muscle shall provide additional information about the processing of personal data in its privacy statement.

Article 18: Liability

• Mind Over Muscle shall perform the coaching with the level of care that may reasonably be expected from a professional coach.
• The Participant remains responsible for decisions, choices and actions taken in response to the advice received.
• To the extent permitted by law, Mind Over Muscle shall not be liable for damage resulting from:
  • inaccurate or incomplete information provided by the Participant
  • advice being implemented differently from how it was intended
  • relevant health information being withheld
  • physical warning signs or medical advice being ignored
  • the Participant continuing despite relevant health complaints without appropriate medical advice
• Mind Over Muscle shall not be liable for indirect or consequential loss to the extent that such exclusion is legally permitted.
• Nothing in these General Terms and Conditions excludes or limits liability where such exclusion or limitation is prohibited by mandatory law.

Article 19: Conduct and termination by Mind Over Muscle

• Mind Over Muscle expects communication between the Coach and Participant to remain respectful.
• In the event of serious inappropriate, threatening, intimidating, discriminatory or otherwise unacceptable behaviour, Mind Over Muscle may take appropriate measures.
• Depending on the seriousness and circumstances, these measures may include a warning, temporary suspension or termination of the coaching relationship.
• Where reasonably possible and appropriate, the Participant shall first be given an opportunity to correct their conduct.
• In serious circumstances where Mind Over Muscle cannot reasonably be expected to continue the relationship, immediate termination may be justified.
• The financial consequences of such termination shall be determined according to the circumstances, the individual Agreement and applicable law.

Article 20: Changes to fees

• The price applicable during a fixed initial term shall not be changed unilaterally unless expressly agreed and legally permitted.
• For coaching continued for an indefinite period after the initial term, Mind Over Muscle may change its fees.
• Any fee change shall be announced in writing at least thirty days before it takes effect.
• Where a fee increase applies to an Agreement continued for an indefinite period, the Participant may terminate the Agreement before the new fee takes effect to the extent required by law.

Article 21: Force majeure

• If Mind Over Muscle is temporarily unable to provide coaching due to circumstances beyond its reasonable control, such circumstances shall constitute force majeure to the extent that the applicable legal requirements are satisfied.
• Depending on the circumstances, this may include:
  • serious illness
  • prolonged technical failures
  • failure of essential digital systems
  • emergencies or disasters
  • government measures
  • other circumstances reasonably beyond Mind Over Muscle's control
• In such circumstances, Mind Over Muscle shall, where reasonably possible, seek an appropriate solution, such as temporary adjustment, replacement or postponement of the services.
• The Participant's statutory rights remain applicable.

Article 22: Complaints

• Complaints concerning the coaching may be submitted in writing to Mind Over Muscle at info@mindovermuscle.nl.
• The Participant is requested to describe the complaint as clearly and completely as possible.
• Mind Over Muscle aims to provide a substantive response within fourteen days.
• If additional time is required to investigate the complaint, the Participant shall be informed accordingly.
• The parties shall endeavour to resolve complaints and disputes amicably in the first instance.

Article 23: Amendments to the General Terms and Conditions

• Mind Over Muscle may amend these General Terms and Conditions where there is a reasonable basis for doing so, for example as a result of changes in legislation, business operations or services.
• For an existing fixed-term Agreement, the terms accepted by the Participant when entering into the Agreement shall in principle continue to apply unless an amendment is legally necessary or the Participant agrees to the amendment.
• Amendments applicable to an Agreement continued for an indefinite period shall be communicated to the Participant in advance.
• If an amendment materially disadvantages the Participant, any applicable statutory termination rights shall be respected.

Article 24: Governing law and disputes

• The Agreement and these General Terms and Conditions are governed by Dutch law.
• The parties shall first attempt to resolve any dispute amicably.
• If this is unsuccessful, the dispute may be submitted to the court having jurisdiction under applicable law.
• Nothing in this provision deprives a consumer of the protection of mandatory rules regarding jurisdiction or other applicable consumer protection law.

Article 25: Final provisions

• The individual coaching agreement and these General Terms and Conditions shall be read together.
• The individual coaching agreement contains the specific arrangements concerning, among other things, the initial term, start date, total price, payment structure and billing period.
• If any provision of these General Terms and Conditions is invalid, voidable or unenforceable, this shall not affect the validity of the remaining provisions.
• Mind Over Muscle shall make the applicable version of these General Terms and Conditions available to the Participant before or at the time the Agreement is concluded.
• If a specific provision of the individual coaching agreement differs from these General Terms and Conditions, the individual provision shall prevail to the extent that it has been validly agreed and is permitted by law.
• This English version is provided as a translation of the Dutch General Terms and Conditions. In the event of any discrepancy, ambiguity or difference in interpretation, the Dutch version shall prevail, to the extent permitted by applicable law.