GENERAL TERMS AND CONDITIONS for Emanant Solutions, practicing as a Systematic Kinesiologist, Body Code Practitioner, Health Coach, and Bengston Energy Practitioner.

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Article 1, Definitions

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

1. EmSol: Emanant Solutions, the user of these general terms and conditions, located at Witte Singel 58B, 2311BL in Leiden, registered at KvK under number 91853486

2. Therapist: therapist, certified as a Systematic Kinesiologist Dip, Body & Belief Code Practitioner, ICF Coach, IIN Health Coach, acting as an independent Holistic Health practitioner;

3. Client: the person to whom advice is given by the Holistic Practitioner, or their legal representatives; 

4. Practice Address: the location where (or from where) the practice of the Kinesiology, Coaching, Body/Belief Code, or Bengston Energy work takes place.

The terms defined above are hereinafter referred to as: EmSol, Therapist, Client, and Practice Address, respectively.

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Article 2, General Terms

1. These general terms and conditions apply to any offer made by EmSol and any agreement concluded.

2. These general terms and conditions also apply to agreements for the performance of which third parties need to be involved.

3. The applicability of the general or other terms and conditions of the other party is expressly rejected.

4. The provisions of these general terms and conditions may only be deviated from in writing. If and insofar as that which the parties have expressly agreed in writing deviates from the provisions of these general terms and conditions, that which the parties have expressly agreed in writing shall apply.

5. Nullification of one or more of the provisions of these general terms and conditions shall not affect the validity of the remaining provisions. In such a case the parties are obliged to enter into mutual consultation in order to reach a replacement arrangement in respect of the affected clause. The purpose and purport of the original provision will be taken into account as far as possible.

 

Article 3, Offer and formation of the Agreement

1. Any offer made by EmSol is without obligation. The offer of programs is subject to sufficient available places within the program in question.

2. Obvious errors and mistakes in the offer of EmSol, are not binding. Printing and typographical errors on the website are reserved.

3. The therapist advises the client after an intake interview – called a Discovery Session - based on a Health History Feedback Form. At the start of the first test session, the therapist and the client enter into an agreement, to which these general terms and conditions apply, unless expressly agreed otherwise. The client agreement is formally established by signing the formal EmSol client agreement.

4. If the other party concludes the agreement on behalf of another natural or legal person, it declares by entering into the agreement that it is authorized to do so. The other party is jointly liable for the fulfillment of the obligations under that agreement in addition to this (legal) person.

 

Article 4, Location of Services

1. Insofar as the agreement does not expressly provide for the location of performance of the agreed service or program, the service or program must be followed at the location designated by EmSol for that purpose.

2. If the other party wishes for a service or program to be performed at the other party's location or another location to be designated by the other party, this will only take place after EmSol’s prior express consent. EmSol may attach special conditions to its consent. Such a request must be submitted to EmSol at least four weeks prior to the commencement of the program.

3. If the agreement with respect to a service or program has already been concluded, and the other party wishes to change the location of the service or program and consents thereto - any additional costs arising therefrom shall be not be borne by EmSol but by the requestor.

 

Article 5, Cancellation

If the client is unable to attend the scheduled appointment at the practice address (cannot receive the therapist), they must notify the therapist as soon as possible. If the client gives notice less than 24 hours before the scheduled time or fails to notify the therapist, the therapist is entitled to charge the client for the appointment. For appointments scheduled for the day after a Sunday or public holiday(s), the 24-hour period is deemed to start at 6:00 PM on the last preceding business day. For a regular Monday appointment, this period begins at 6:00 PM on the preceding Friday.

 

Article 6, Rates

1. During the Discovery Session, or no later than before the treatment begins, the therapist will inform the client, either verbally or in writing, of the applicable rates and conditions. The rates include VAT or other statutory taxes, if applicable. (The VAT-exclusive rate can be added as a service). 

2. The therapist's fee is not dependent on the outcome of the services provided unless otherwise agreed. 

3. If, after the agreement has been concluded but before follow-up treatments have taken place, wages or prices change, the therapist is entitled to adjust the agreed rate accordingly unless other agreements have been made.

 

Article 7, Payment & Invoices

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1. The client will receive the invoice within 48 hours of booking and prior to the start of the treatment. The invoice is due prior to session start. The client is expressly excluded from offsetting existing or alleged claims against the therapist for any reason. 

2. In case of non-payment by the time of the session, the therapist is entitled to cancel the session and refuse delivery of treatment even up to and including at time of start.

 

Article 8, Liability

1. The therapist's advice is, by its nature, aimed at results, but without guaranteeing any outcome. The therapist excludes all liability for damage or injury arising from or related to the client’s following of advice provided by the therapist unless there is intent or gross negligence on the part of the therapist. 

2. The therapist's actions are subject to the regulations, including the Complaints Procedure handled by Wkkgz.

 

Article 9, Disclosure

The regulations include the client’s right to access their own file.

 

Article 10, Privacy

Personal data provided to EmSol by the other party and participant will be used exclusively for the recording and execution of the agreement. Personal data will not be used for advertising purposes, except with the prior consent of the person concerned. Personal data will also not be provided to third parties, unless this is necessary in connection with the recording and execution of the agreement, or has to be done on the basis of a statutory regulation or court order.