Terms and Conditions

INTRODUCTION
Your agreement is with Custom Training (the Provider) who contracts the personal trainers (the "Trainers") that deliver your training.

These Terms and Conditions form part of your agreement with the Provider. Your instructions to commence personal training will constitute acceptance of these Terms and Conditions, meaning you will become a client (a Client or you).

You are asked to pay special attention to the provisions related to cancellations. This does not affect your legal rights.

PROVIDERS OBLIQATION

The Trainers will use their skills and knowledge to design a safe programme of exercise that will take into account your lifestyle, personal goals, fitness levels and medical history.

The Trainers will provide the coaching, supervision, advice and support that you will need to achieve your goals. Apart from the initial consultation (and the first personal training session if taken immediately afterwards) each personal training session will last approximately 60 minutes unless otherwise agreed (a Session).

You understand that the results of any fitness programme cannot be guaranteed. Your progress depends on your effort and co-operation in and outside of the Sessions. You acknowledge that individual results may vary and that no particular result is guaranteed by the Provider and her Trainers.

All Client information will be kept strictly private and confidential.

YOUR OBLIQATION

It is understood between you and your Trainer that both must commit to your training programme 100% in order for you to achieve results.

You are required to arrive on time for each Session so that the Trainers full training plan is achieved on each Session.

You are required to wear appropriate clothing and footwear, as reasonably prescribed by the Provider at any time.

You understand and agree that it is your responsibility to inform the Trainer of any conditions or changes to your health, now and ongoing, which might affect your ability to exercise safely and with minimal risk of injury. Should you experience any pain, discomfort, or injury during any of your Sessions, you are required to inform your Trainer immediately in order to ensure appropriate action is taken. The Provider and the Trainer are not liable for undeclared or unknown medical conditions.

You should not exercise beyond your own abilities. If you know or are concerned that you have a medical condition or have been prescribed medication which might interfere with you exercising safely, before you start your Sessions you should get advice from a medical professional and follow that advice. You understand that there are inherent risks in participating in a programme of strenuous exercise. If you sustain any injury while participating in Session, you acknowledge that the Trainer is not responsible, except where the injury was caused by gross negligence or wilful misconduct.

If you bring children or minors to the Session they remain your responsibility throughout and the Trainer cannot be held liable.

The Trainer may provide you with advice regarding food and nutrition. You understand that such advice does not qualify in any way as medical treatment, Trainers do not qualify as health care providers and cannot diagnose and/or prescribe treatment for any form of injury, disease, or other medical condition.

LIABILITTY

The total, aggregate liability of the Provider and the Trainers due to an attributable breach of their obligations, including the breach of a warranty (in Dutch: toerekenbare tekortkoming) and/or any unlawful act (in Dutch: onrechtmatige daad) or otherwise, is limited to the amounts paid by the insurer of the Provider for a covered claim. The provider shall take out an adequate and reasonable general liability insurance in order to cover its risks hereunder, as far as possible.

Attending Sessions and leaving belongings in the changing rooms are at your own risk. The Provider accepts no liability for loss or damage of personal belongings. The Provider and the Trainers are not liable for any injury or damage you may suffer as a result of the incorrect use of the equipment and/or facilities or for personal injuries sustained during Sessions. Participating is always at your own risk.

PAYMENT

All types of membership have their own membership fee and conditions, which can be found on the website. You owe the subscription fee for the entire subscription period in advance. The first payment shall be made upon subscription by online payment and the subsequent payments shall be carried out every 4 weeks in advance by SEPA direct debit authorization approved by you, until you terminate your membership.

If Custom Training is not able to collect your payment for whatever reason (e.g. reversal of the instruction, insufficient balance etc.), we will send the direct debit to your bank again. You are given two weeks to pay the amount due. If you are in default after this two-week period, the claim will be handed over for collection. All costs incurred for this are for your account of the cardholder. Custom Training also have the right to terminate the agreement and/or to suspend your membership with immediate effect.

Custom Training reserves the right to change the pricing of all memberships. Any changes are announced in advance on the website, and/or by email. The currently applicable rates are always mentioned on the website.

CANCELATION REFUNDS

24 hours notice of cancellation or postponement is required for all appointments. Notice of less than 24 hours will incur full payment of the full Session fee and no possibility to catch up ("Redo") on the Session.

Once you cancel or postpone your Session, you have 10 workings days to Redo on the Session. After 10 working days you will not have the possibility to Redo the session.

Once purchased, your Sessions are non-refundable and non-transferable.

In case of a holiday, you have the right to pause your Sessions for a maximum period of four (4) weeks per year. The pause must be requested at least one calendar month in advance by providing written notice to the Provider.

Once you have signed up, you can choose for one of the memberships. During that month you cannot make any changes to your membership. Any changes you request with regard to the membership will take effect the following month.

You also have the possibility to purchase extra Sessions within your membership.

LATENESS POLICY
If you are late at the Session, the Session will not be extended and will end at the appointed time.

If the Trainer is late, additional time will be added to the Session or to subsequent Sessions.

HEALTH AND SAFTEY

Your Trainer has completed and holds a current certificate for emergency first aid at work approved by the Health and Safety Executive.

TERM OF TERMANATION

The agreement shall enter into force upon signing by both parties and shall remain in force for an initial term of four (4) weeks. Unless you have provided written notice of termination of the agreement as of the end of the initial term taking into account a notice period of no less than one (1) month, this agreement shall be automatically extended after the initial term for an indefinite period of time, on the same terms and conditions, until terminated by either party by providing a notice of termination to the other party, taking into account a notice period of no less than one (1) month.

In the event of termination (ontbinding), any performance already delivered and the payment obligations related to it will not be the subject of reversal. Amounts invoiced by the Provider before the termination in connection with anything that it has already performed or delivered in executing the agreement will continue to be owed and will become immediately due and payable at the time of the termination.

GENERAL

You understand that in the unlikely event of your Trainer being unable to continue your training, for any reason, you can request a full refund from the Provider for any unfulfilled Sessions.The Provider has the right to change these Terms of Service, for example, to be able to offer new services or as required by law.

The Provider will notify you of any change. When such a change(s) is made, if dissatisfied you can cancel this agreement once you have made any payments already due to the Trainer.

If at any time any provision in these Terms of Service is or becomes illegal, void or invalid for any reason whatsoever, such invalidity shall not affect the validity of the remainder of these Terms of Service and the Provider shall replace such invalid provision shall be replaced by another provision which, being valid in all respects, shall have an effect as close as possible to that of the replaced provision.

Your training may be filmed or pictures taken for marketing purposes, with prior written consent by you. Your consent means you consent to photography, filming and sound recording which may include you as a Client and its use in commercial distribution without payment or copyright.

This agreement is governed by the laws of The Netherlands and is subject to the jurisdiction of the Dutch courts.

Custom Training
Donker Curtiusstraat 123
1051 MC Amsterdam
The Netherlands

INTRODUCTION

At Custom Training one of our main priorities is the privacy of our website visitors and clients. Accordingly, we have developed this Privacy Policy in order for you to understand how we collect, use, communicate, disclose and otherwise make use of personal information when you visit our website, customtraining.nl, our or otherwise make use of our services.

ABOUT CUSTOM TRAINING
The party responsible for the processing of your personal data is Custom Training. Our address is Donker Curtiusstraat 123, 1051 MC Amsterdam. If you have additional questions or require more information about our Privacy Policy, do not hesitate to contact us through email at info@customtraining.nl

TO WHOM DOES THIS PRIVACY POLICY APPLY
This Privacy Policy applies to visitors to our website and our clients with regard to the information that they shared with and/or collected by Custom Training and/or its trainers.

HOW WE PROCES PERSONAL DATA
Below is an overview of the purposes for which Custom Training processes your personal data. The overview indicates the personal data used for a specific purpose, what the legal basis is for processing these data, and how long the data is stored. In order to keep things organised, all information is grouped by type of data processing.

AGREEMENT
When you become a member at Custom Training we process your personal information to register you as a client and to provide you with our services, including your name, address, phone number, email address, payment information and date of birth. The processing of your personal data in this context is necessary for the performance of a contract to which you are a party in connection with the use of service (Article 6.1(b) GDPR). You cannot register as a member and make use of our services without providing us with these personal details.

TRAINING SESSION
In order to provide you with the most customised, optimal experience possible and to provide you with services that we think are most likely to meet your needs, we collect information during an intake, a Physical Activity Readiness Questionnaire (PARQ) and during training sessions, regarding your fitness and health, including height, weight, measurements, body fat, food and nutrition, performance metrics, current and past injuries and surgeries, nutritional information, and fitness goals, and may also gather information about you that is developed by our trainers, such as training session logs, notes taken by trainers and other information you may choose to provide.

Information regarding your health, medical condition and fitness are considered sensitive under data protection law. Custom Training therefore only processes such data if you have given us your consent to do so (Article 9.2(a) GDPR).

Please note that you may always decide what information you would like to provide us and that you are not obligated to answer specific questions if you do not want to. You can still participate in training sessions, but our services, such as training programs and nutrition plans, will be limited to information you provided

ACCOUNT
When you make use of our personal training services, you can register for a personal account, for example to book training sessions or change your subscription. You will provide us with personal data, including your name, email address and password. The processing of your personal data in this context is necessary for the performance of a contract to which you are a party in connection with the use of service (Article 6.1(b) GDPR). You cannot register for an account without providing us with these personal details.

CUSTOMER SERVICE
To provide customer service, Custom Training may collect and process your personal data to be of service to you and to respond to any questions you submit, including helping you with any issues which may arise regarding our services. The processing of these personal data is necessary for the purposes of the legitimate interests pursued by Custom Training (Article 6.1(f) GDPR), in order to serve you efficiently and to optimise our customer service.

NEWSLETTERS
To inform you on the developments of our services, Custom Training allows you to sign up for its newsletters. If, at any moment, you do not wish to receive newsletters of Custom Training anymore, you can unsubscribe by using the opt-out option that is provided in every newsletter that we send you. To subscribe you provide Custom Training with your email address. The processing thereof is necessary for the purposes of the legitimate interests pursued by Custom Training (Article 6.1(f) GDPR), namely direct marketing.

CAREERS
If you apply for a position at Custom Training, you will provide your personal data such as your first and last name, full address, email address, phone number and your CV and other attachments to your application. Custom Training uses this information to review your application and respond to your application. The processing of these personal data is necessary for the purposes of the legitimate interests pursued by Custom Training (Article 6.1(f) GDPR), for recruitment.

LOG FILES
Custom Training follows a standard procedure of using log files. These files log visitors when they visit our website. All hosting companies do this and a part of hosting services' analytics. The information collected by log files include internet protocol (IP) addresses, browser type, Internet Service Provider (ISP), date and time stamp, referring/exit pages, and possibly the number of clicks. These are not linked to any information that is directly identifiable, such as your name. The purpose of the information is for analyzing trends, administering the site, tracking users' movement on the website, and gathering demographic information, which is our legitimate interest (Article 6.1(f) GDPR).

THIRD PARTIES
In order to provide the services, (some of) your personal data is shared with service providers. These service providers process your personal data on behalf of Custom Training. The processing by service providers is governed by a so-called data processing agreement in which Custom Training has ensured that that the service provider shall only process the personal data on instructions of Custom Training. Third parties are:

- External hosting provider, including cloud providers for the storage and management of data;
- Software provider of our booking system;
- Google Analytics and Google Drive;
- Service provider for email marketing (Mailchimp).

Do we transfer your personal data outside the European Economic Area?

Some of our service providers are located outside the European Economic Area (EEA), in this case the United States and New Zealand. To comply with EU data protection laws around international data transfer, service providers outside the EEA are only allowed to process your personal data in accordance with a contract entered into between Custom Training and the service provider, incorporating the European Commissions Standard Contractual Clauses, which ensure that adequate data protection arrangements are in place (Article 46.1(c) GDPR). For more information on where and how the relevant document may be accessed or obtained, please contact us.

RETENTON PERIOD
Your personal data will be stored in accordance with laws and regulations and for as long as necessary for the purposes for which this data was collected. The following retention periods for your personal data apply:

- Your personal data is stored for as long as you are a member and are deleted within three months after you unsubscribe.
- Custom Training has a legal obligation to retain financial records for a period of 7 years.
- Your email address is retained for as long as you are subscribed to the newsletter and no longer than 3 months after you unsubscribe.
- CCTV images are stored for a period of 1 month.
- Application data are retained for 4 weeks after rejection or, with your consent, for a period of 1 year to be able to inform you if a suitable position becomes available for you in the future.
- Log files are stored for a period of 1 month.

COOKIES
Like any other website, Custom Training uses cookies'. Cookies are little text files which are stored on the browser or hard drive of your device when you visit a webpage or application. cookies work to make your experience browsing our site as smooth as possible and they remember your preferences so you do not have to insert your details again and again.

TECHNICAL COOKIES
We try to provide an advanced and user-friendly website that adapts automatically to needs and wishes of our visitors and users. To achieve this, we use technical cookies to i.e. show you our website, to make it function correctly, to create your user account, to sign you in and to manage your requests. These technical cookies are necessary for our website to function properly.

FUNCTIONAL COOKIES
We also use functional cookies to remember your preferences and settings (as username, password, language etc.) and to help you to use the website efficiently and effectively. These functional cookies are not strictly necessary for the functioning of our website, but they add functionality for you and enhance your experience.

ANALYTICS
Analytical cookies record how visitors use the website. These cookies enable us to analyse the use of the website and to generate (anonymous) user statistics and reports. We use the service Google Analytics from Google Inc. (Google). Google Analytics places a cookie on your device which records your use of the website. The collected information consists of your IP address (number of your computer that allows your computer to be recognised), the type of browser, the computer system you use, and the pages you visit on the website. This data is then analysed by Google and the results are transmitted to us. This way, we gain insight into the traffic to and from the Website and the way in which the website is used. databased on this information we can make adjustments to the website or our services.

We have set the cookies of Google Analytics in such a way that they do not have a major impact on your privacy. We have taken the following measures in this respect:

- Custom Training has concluded a data processing agreement with Google in which arrangements are made on the handling of the data that is collected. Based on this agreement, Google is not allowed to use the information obtained for other Google services.
- Custom Training has deleted the last octet of your IP address. IP addresses consist of 4 so-called 3-digit octets each. Google offers the possibility of deleting the last octet of the IP address of website visitors. This is done in a temporary file before the IP address is stored by Google.
- Custom Training has set the settings in Google Analytics to not share data with Google, so that Google cannot use the data for its own (advertising) purposes.
- Custom Training does not use Google Analytics in combination with other Google services.

For more information about the Google Analytics cookies, click here. Google also offers you the possibility to unsubscribe from data collection within the framework of Google Analytics by means of the Google Analytics Opt-out Browser Add-on. Click here to make use of this option. Click here for more general information about how Google uses cookies.

Data Protection Rights
Under the GDPR, you have a number of rights with regard to your personal data and the processing thereof:

RIGHT TO ACCES
you have the right to obtain confirmation as to whether or not personal data concerning you are being processed, and, where that is the case, access to your personal data and additional information about the processing of your personal data.

RIGHT TO RECETIFICATION
you have the right to request the rectification of inaccurate personal data concerning you.

RIGHT TO BE FORGOTTEN
you have to right to ask us to erase your personal data (right to be forgotten) for example if the personal data are no longer necessary in relation to the purposes for which they were collected; you withdraws consent on which the processing is based, and where there is no other legal ground for the processing; or the personal data have been unlawfully processed.

RIGHT TO RESTRICTION
you have the right to obtain restriction of processing of your personal data, for example when you have contested the accuracy of your personal data.

DATA PORTIBILITY
you have the right to receive your personal data which you have provided to us in a structured, commonly used and machine-readable format and have the right to transmit those data to another controller, where the processing is based on your consent or on a contract.

RIGHT TO OBJECT
you have the right to object to processing of personal data which is based on our legitimate interests. We shall no longer process the personal data unless we demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms or for the establishment, exercise or defence of legal claims; where personal data are processed for direct marketing purposes, you always have the right to object to processing of personal data for such marketing. In that case, we shall no longer process your personal data for such purposes.

WITHDRAW CONSENT
where the processing of your personal data is based on your consent, you have the right to withdraw your consent at any time. The withdrawal of consent does not affect the lawfulness of processing based on consent before its withdrawal.

Any request regarding this policy or our procedures may be sent to info@customtraining.com. We will respond to your request without undue delay and in any event within one month of receipt of the request. That period may be extended by two further months where necessary, taking into account the complexity and number of the requests. We will inform you of any such extension within one month of receipt of the request, together with the reasons for the delay.

If we do not take action on your request, we will inform you without delay and at the latest within one month of receipt of the request of the reasons for not taking action. In that case, you also have the right to lodge a complaint with the supervisory authority and to seek a judicial remedy.

COMPLAINTS
It is possible that, despite our careful approach, you have a complaint about the way Custom Training processes your personal data and/or the way we deal with your rights. In that case, you may also submit a complaint to the national data protection authority. If you have any questions or complaints in connection with your personal data, you may also choose to contact us.