Fresh Simple Balance: Linda Tompkins, Nutritional Therapy Consultant (NTC) and instructor, working under the company name Fresh Simple Balance, which is the contractor (business) as referenced in these terms.
Offer: the document in which these conditions are declared applicable and in which Fresh Simple Balance’s programs (such as The RESTART® Program, one-on-one consulting, other services, and/or other assisting activities) can be performed for a Client, at a specified time and price.
Client/participant: the party that commissions Fresh Simple Balance and/or the party participating in a program/Offer provided by Fresh Simple Balance.
.Work: the work Fresh Simple Balance performs for a Client/participant in accordance with an Offer, providing services in any form whatsoever. Fresh Simple Balance is not a (para)medical organization, and neither Fresh Simple Balance nor a third party that employs Fresh Simple Balance to carry out any Work are equipped to provide (para)medical advice or therapy and/or to make a (para)medical diagnosis. The information, reports, and/or other printed materials provided by Fresh Simple Balance can under no circumstances be considered a substitute for consulting with or getting treatment from a doctor, medical specialist, or paramedic. Fresh Simple
Balance advises the Client/participant consult with their doctor prior to a participating in a Fresh Simple Balance Offer or program.
These conditions apply to all Work carried out by Fresh Simple Balance for the Client/participant and on all services and products offered by Fresh Simple Balance. Only the Terms and Conditions of Fresh Simple Balance are applicable.
B: CONCERNING THE AGREEMENT AND WORK BY FRESH SIMPLE BALANCE
From the moment the Client/participant confirms the Offer, verbally, in writing, or electronically, or at the moment when Fresh Simple Balance confirms the oral agreement by email, or when Fresh Simple Balance begins the Work, the agreement starts between Fresh Simple Balance and theClient/participant.
Changes to the Agreement can only be made in writing by Fresh Simple Balance and the Client/participant.
Payment: The price for the relevant Work, including VAT and all other levies, duties, and/or charges, that the Client/participant owes under the Agreement must be fully paid within the agreed payment terms.
Alternate forms of payment and/or in (other) terms than stipulated in the Agreement is only allowed for the Client/participant after the written consent of Fresh Simple Balance.
Fresh Simple Balance is not obliged to update written or verbal advice and/or other Work in response to events that have occurred after the delivery of the Work. The advice, opinions, expectations, and recommendations given by Fresh Simple Balance as part of its Work can never be regarded as a guarantee of future events and/or circumstances.
Fresh Simple Balance will maintain confidentiality in regards to the information that the Client/participant provides. Fresh Simple Balance may give this information to those involved in the execution of the Work, or in the event that the information is generally known, or in the case that Fresh Simple Balance or someone working for Fresh Simple Balance is required by law, a judge, or government body to provide the information of the Client/participant.
Fresh Simple Balance shall only be held liable if the Client/participant demonstrates that he/she has suffered damage from gross negligence on the part of Fresh Simple Balance. In all cases, Fresh Simple Balance’s liability is limited to one time the price that the Client/participant owes for the relevant work in which the damage occurred, unless there is intent or deliberate recklessness by Fresh Simple Balance or Linda Tompkins herself.
C: ABOUT THE OBLIGATIONS AND RESPONSIBILITIES OF THE CLIENT/PARTICIPANT
The Client/participant shall fully cooperate with Fresh Simple Balance and any requests for data that Fresh Simple Balance deems necessary for correctly performing the agreed upon Work. Fresh Simple Balance is not liable for direct or indirect damage of the Client/participant resulting from the failure of the Client/participant to inform Fresh Simple Balance in time or in full about
facts and circumstances that may be relevant to the correct execution of the Work.
The Client/participant guarantees the correctness, completeness, reliability, and legality of the data made available to Fresh Simple Balance, even if they come from third parties.
The Client/participant shall inform Fresh Simple Balance of facts and circumstances that may be of importance to Fresh Simple Balance for the correct performance of the Work.
Only after written permission from Fresh Simple Balance can the Client/participant make copies of the Work, reports, advice, or other written statements of Fresh Simple Balance and the Client/participant is never authorized to make these public.
E: PERSONAL PROTECTION OF DATA AND USE OF EMAIL AND INTERNET
Fresh Simple Balance handles personal data and other confidential information it receives in the context of the execution of the Agreement, confidentially and in accordance with legal obligations, including the General Data Protection Regulation (GDPR).
F: AFTER SERVICES, REPLACEMENT, APPLICABLE LAW, AND CHOICE OF FORUM
The rights and obligations arising from or related to the Agreement, which are intended to remain in force after the end of the Agreement, will remain in force, even after termination between Fresh Simple Balance and the Client/participant.
These General Terms & Conditions also apply to any additional and subsequent work.
None of the parties is entitled to transfer the rights and obligations arising from or in connection with the Work and/or the Agreement to a third party without the written consent of the other party.
The text of the General Terms & Conditions is available in both Dutch and English. In case of any dispute about the content or scope of these General Terms & Conditions, the English version will be take precedence.
Dutch law applies to the Agreement. In the event that a dispute arises as a result of or in connection with the Agreement, Fresh Simple Balance and the Client/participant will endeavor to constructively participate in a mediation process. In the event that an amicable solution is not possible, disputes will be settled by the District Court of the Hague.