Terms and conditions
General terms and conditions
Physical Studio
Table of contents
General conditions Physical Studio 2
1. Company data 2
2. Definitions 2
3. Applicability 3
4. Agreement 3
5. Offer and quotation 3
6. Subscriptions 3
7. Execution of Agreement 4
8. Payment & Term of Agreement 4
9. Product sale on Site 5
10. Prices 5
11. Terms of payment 5
12. Insurance reimbursement 6
13. Obligations within Physical Studio 6
14. Cancellation 6
15. Cancellation 6
16. Intellectual property rights 6
17. Force majeure 7
18. Liability 7
19. Policy on complaints 8
20. Privacy and Clients' and Customers' data 9
21. Conversion 9
22. After-effects 9
23. Conflicting clauses 9
24. Non-compliance with General Terms and Conditions 9
25. Applicable law 9
26. Choice of forum 9
General conditions of Physical Studio
In this document you will find the General Conditions of Physical Studio. In the first instance Physical Studio rejects all general conditions of other Parties, unless stipulated otherwise by the Agreement or in these General Conditions. Nor can you derive any rights other than those stated in these General Conditions.
1. Company data
Physical Studio is established at Nieuwe Looiersstraat 33H in Amsterdam, postal code 1017 VA. Physical Studio is registered with the Chamber of Commerce under Physical Studio number 82265321.
Do you have any questions about our General Terms and Conditions? Then you can reach us via the information below:
info@physicalstudio.com | + 31 20 782 82 82
Nieuwe Looiersstraat 33H | 1017 VA | Amsterdam
Chamber of Commerce No. 82265321 | VAT No. NL862401719B01
2. Definitions
- General Terms and Conditions: the provisions below which apply to the Agreements;
- Day: calendar day;
- Service: all activities, in whatever form, performed by the dietician for or on behalf of a Client or Customer. All activities, in whatever form, such as physiotherapy, massage and personal training;
- Practitioner: Physical Studio as referred to in article 1;
- Treatment(s): physiotherapy, massages and personal training;
- Client: the person to whom the practitioner gives advice or who is being treated or his legal representatives;
- Physical Studio: practitioner and entrepreneur as indicated in article 1;
- Personal Trainer: a professional who guides people in sports. The Personal Trainer gives explanations and instructions for the various exercises
- Customer (consumer): any natural person who purchases a Product from the Seller; natural person is also understood to mean: 'any person who does not purchase a Product on the basis of a profession or business';
- Membership: membership of Physical Studio
- Product: goods as indicated on the website or on Physical Studio's Location, intended for sale
- Location: the physical Physical Studio location where products are offered, services are rendered and work is carried out.
- Agreement: every Agreement realized, irrespective of the manner in which it is realized, between Physical Studio and Client or Physical Studio and Client;
- Parties: Physical Studio and Client together, Physical Studio and Client together.
3. Applicability
1. The General Conditions of Physical Studio apply to each Agreement between Physical Studio and Client or Physical Studio and Client. General Conditions of each other Party are in principle rejected. Only when explicitly agreed in writing by Parties, the General Conditions of Physical Studio do not apply.
2. In the event of any deviation from one or more provisions of these General Conditions, the other provisions remain in force.
3. Agreed amendments to these General Conditions in writing only apply to the cases determined in that specific Agreement.
4. After having been accepted the first time, the General Terms and Conditions do not have to be explicitly agreed each time, but are deemed to be tacitly accepted. This applies to all further Agreements between Physical Studio and Client and Physical Studio and Client.
4. Agreement
1. The Agreement between Physical Studio and Client or Physical Studio and Client is established by offer and acceptance (article 6:217 Dutch Civil Code). This Agreement can be established in the following ways: via the website, by telephone, on location or via the app.
2. Only after agreement between Physical Studio and Client or Physical Studio and Client will Physical Studio proceed to execute the Agreement.
3. A confirmation of the Agreement will always be sent by e-mail. If Client or Customer uses the app the confirmation can be found there.
4. Amendments and/or additions to the Agreement are not possible.
5. Assessment of whether Physical Studio has failed to fulfil one or more obligations (from the Agreement) is up to Physical Studio. After all, all work is performed on the basis of information provided by the Customer.
5. Offer and tender
1. Physical Studio makes an offer on the website, on Location and in the app.
2. The offer is accepted after payment.
3. Price quotes made on the website and in the app are inclusive of VAT.
4. The offer made by Physical Studio has been drawn up on the basis of information provided by the Client or Customer.
6. Subscriptions
1. You can take out various memberships at Physical Studio. All memberships offer unlimited access to our gym during Physical Studio's opening hours. Physical Studio's opening hours can be found on the website or in the app.
2. One membership: includes one weekly session with a Personal Trainer, open gym during our opening hours, a monthly body scan with a physiotherapist and free use of towels.
3. Two membership: includes two weekly sessions with a Personal Trainer, open gym during our opening hours, a monthly body scan with a physiotherapist and free use of towels.
4. Three membership: includes three weekly sessions with a Personal Trainer, open gym during our opening hours, monthly body scan with a physiotherapist and free use of towels.
5. Memberships and Services are strictly personal and cannot, without Physical Studio's consent, be transferred to third parties.
6. For information on the costs of the various subscriptions, Physical Studio should be contacted.
7. Execution of Agreement
1. Physical Studio guarantees that delivered services comply with the Agreement. The assessment whether the services delivered by Physical Studio comply with the Agreement is up to Physical Studio.
2. Physical Studio executes the Agreement with the data information of the Client or Customer.
3. If the Client or Customer is dissatisfied with the work delivered by Physical Studio, the Client or Customer cannot claim repayment of the amount paid for the work. After all, work is always carried out by Physical Studio on the basis of provided information.
4. Physical Studio shall always exercise due care in performing the Agreement.
5. Regarding the lab tests and nutritional advice: The Client expressly declares to be aware of the fact that results of the Services and/or results of the tests and/or data exclusively serve to support the (screening) diagnostics and/or treatment.
8. Payment & Duration of Agreement
1. This article exclusively concerns the Services personal training and sports offered by Physical Studio.
2. You can make use of the Services at Physical Studio for a definite or indefinite period of time. Physical Studio offers various Services and options you can make use of. These different options can be found on Physical Studio's website and app.
3. Payment and duration of our memberships are automatically renewed for a period of every four (4) weeks, in the absence of cancellation.
4. When you become a member at Physical Studio, you will owe the membership fee from the time of registration. The SEPA direct debit authorisation is also effective from the moment of registration. You will receive the registration form by e-mail. Additional terms and conditions applicable to personal training can be found on the registration form.
5. Membership can be cancelled every four (4) weeks. If the Member cancels his/her membership, a notice period of four (4) weeks applies.
6. If your Membership concerns a rides card, the rides card expires after the period of validity explicitly stated by Physical Studio. A rides card entitles you to follow the explicitly stipulated number of lessons/trainings/sessions related to the rides card. The membership card expires upon use of the intended number of lessons/trainings/sessions.
7. Any remaining sessions must be used within your current term of four (4) weeks.
8. If you have entered into an indefinite Membership, it will end one month after the Day of termination. To terminate the Membership, a notification must be made to Physical Studio.
9. Notice of termination can be given by e-mail or by telephone.
10. If not all sessions have been used, Physical Studio will not refund, with the exception of long-term injury and long-term illness.
9. Product sales on location
1. Physical Studio sells Products on Location. Products sold on Location include for example coffee, tea, shakes and meals. These products cannot be returned for reasons of shelf life.
2. Products must be paid for directly at the counter on location.
3. As imposed by the applicable and relevant legal provisions, the products delivered by Physical Studio are subject to legally regulated quality controls. The minimum shelf life is the date until which a (food) product retains its specific properties, provided it is stored appropriately. This expiry date is only valid as long as the packaging has not been opened and as long as the special storage conditions have been observed. The best-before date on foodstuffs is an indication from the producer. During the stated period the producer guarantees the quality of his product. Physical Studio cannot be held liable for this.
4. Physical Studio takes the greatest care in providing information on the properties of the products. Although Physical Studio makes every effort to accurately reflect the information concerned, it is possible that a certain ingredient is not mentioned and traces of ingredients can be found in products without this being indicated on the product. Physical Studio can under no circumstances be held liable for possible allergic reactions or health risks related to the use of a product.
5. Results of lab tests may take several weeks.
10. Prices
1. The price for the services to be delivered is the price mentioned on the website or app of Physical Studio or the offer of Physical Studio.
2. Physical Studio reserves the right to change prices indicated on the website or in the app.
11. Payment conditions
1. Physical Studio requests payment via the indicated payment methods. Payment is considered as acceptance and start for the production or delivery of the Services. Physical Studio in any case uses the following payment methods: direct debit via Mollie, invoicing via Infomedics and direct payment on Location.
2. If the Client is insured for the treatment, no or an adjusted amount will be debited.
3. As long as the Client fails to fulfil his/her obligations, all costs related to the collection of the claim in question will be charged to the Client. Costs shall explicitly include costs incurred for collection by a collection agency and judicial costs.
12. Insurance reimbursement
1. Many health insurers reimburse (extra) hours of physiotherapy if you have supplementary insurance. You do not pay any excess over the reimbursement from the supplementary insurance. Ask your health insurer for more information.
2. You need to be familiar with the policy conditions of your insurance company.
13. Obligations within Physical Studio
1. The Client or Customer must comply with the then applicable house rules of Physical Studio.
2. If you come to Physical Studio for the first time, you must identify yourself.
3. The other party must furthermore timely render all cooperation required for the implementation of the Agreement and make all other efforts necessary for a sound implementation of the Agreement. The Customer shall take all reasonable measures to optimise the performance of the Agreement.
14. Prevention
1. In the event the Client is unable to attend on the agreed date and time, he/she must inform Physical Studio thereof as soon as possible. Cancellation must be notified at least 24 hours in advance. Customer can report by calling, emailing, reporting via the app or by dropping by on Location.
2. Appointments not cancelled at least 24 hours in advance will be charged. These charges will not be reimbursed by the health insurance company.
3. If the Client or Customer has not complied with the requirements for changing and/or cancelling the appointment, as stipulated in 14.1, the Client is obliged to reimburse the appointment.
4. Physical Studio is at all times entitled to cancel or change appointments with the Client or Customer, without giving reasons, within 24 hours.
15. Cancellation
1. Physical Studio reserves the right to renounce (further) treatment and to cancel the Agreement in the event of circumstances of such nature that continuation of treatment becomes impossible or if Physical Studio expects that the treatment will not lead to the desired result. The Client or Customer will be informed in due time if such a situation arises.
2. The Client or Customer reserves the right to renounce (further) treatment and terminate the Agreement if circumstances arise of such a nature that continuation of treatment becomes impossible or if the treatment, according to expectations of Physical Studio, does not lead to the desired result. The Client or Customer shall inform Physical Studio thereof in due time.
16. Intellectual property right
1. All images, texts, videos or sound materials placed by Physical Studio on the website are property of Physical Studio.
2. All documents provided by Physical Studio, such as reports, advice, training and nutritional schedules, assignments, designs, sketches, drawings, software etc. for the benefit of Physical Studio can only be multiplied by Physical Studio for own use within the own organisation.
3. Physical Studio may make photos or videos for purposes such as social media. If you are to be shown on images, Physical Studio needs to ask your permission first.
4. If you do not give permission, Physical Studio has no right to use the images.
5. Based on the copyright law it is not allowed to distribute or multiply these works without explicit and written permission by Physical Studio.
6. If a work is distributed or reproduced without explicit and written consent, this is done on penalty of a fine in the amount of the lost profit/damage suffered.
17. Force majeure
1. Physical Studio is not liable for damages resulting from circumstances that could not be foreseen by Physical Studio at the time of entering into the Agreement. Such circumstances are understood to include: lack of raw materials, factory disturbance of any kind, strike, lockout or lack of employees, quarantine, epidemics, pandemics, natural disasters, mobilisation, state of siege, state of war or war, traffic congestion on railways or lack of means of transport, traffic blockades, illness irrespective of the reason or cause thereof or other unforeseen circumstances not known at the time of entering into the Agreement.
2. Physical Studio has the right to suspend performance of the Agreement or to dissolve it in case of force majeure. There is no right to restitution of funds.
3. If Physical Studio nevertheless later performs a temporarily suspended part of the Agreement, the Client shall owe the entire agreed consideration without any form of discount.
18. Liability
1. All liability, both contractual and non-contractual (with the exception of liability due to intent or gross negligence) on the part of Physical Studio and - should such occur - its directors and employees, is limited to the amount paid at the time of purchase of the Product.
2. Should Physical Studio be liable, this liability is limited to what has been arranged in this provision.
3. Should Physical Studio be liable, this liability is limited to the amount determined in the professional and/or business liability insurance of Physical Studio.
4. Physical Studio is not liable for any damage, of whatever nature, caused by the fact that Physical Studio has based itself on incorrect and/or incomplete information provided by or on behalf of the Client.
5. Physical Studio is exclusively liable for direct damage.
6. Direct damage is exclusively understood to mean the reasonable costs made to determine the cause and extent of the damage, insofar as the determination relates to damage in the sense of these General Terms and Conditions, any reasonable costs made to have the faulty performance by Physical Studio comply with the Agreement, insofar as these can be attributed to Physical Studio, and reasonable costs made to prevent or limit damage, insofar as the Customer demonstrates that these costs have led to limitation of direct damage as meant in these General Terms and Conditions.
7. Physical Studio can never be held liable for indirect damage.
8. Physical Studio is under no circumstances liable for guarantees and securities given by third parties or (staff of) Physical Studio.
9. The Client shall bear the damages caused by inaccuracies in the information provided by her, any other shortcoming in the fulfilment of the obligations of the other party arising from the law or the Agreement, as well as any other circumstance that cannot be attributed to Physical Studio.
10. Physical Studio can never guarantee that treatments yield the desired result.
11. Physical Studio cannot be held liable for injuries during treatment caused by its own fault or by the Client or Customer withholding an illness.
12. Physical Studio assumes that the Client or Customer complies with the prescribed advice and any exercises and/or rest periods and is not responsible for any injuries occurring outside this sphere.
13. Physical Studio is not liable for any form of damage suffered by the Client, any other (legal) person or third party due to improper or inadequate use of the Product. Proper use of the Product is the Customer's own responsibility.
14. The limitations of liability included in this article do not apply if the damage is due to intent or gross negligence on the part of Physical Studio.
19. Policy in case of complaints
1. Physical Studio has to comply with the Quality, Complaints and Disputes Act. If you as a Client have a complaint about the physiotherapy treatments, you must first discuss the complaint with Physical Studio. As healthcare provider, Physical Studio has 6 weeks to respond to your written complaint or by e-mail. We, as healthcare provider, may extend the treatment of your complaint once by 4 weeks.
2. If you cannot reach a solution together with Physical Studio, you can submit a complaint to various bodies.
3. Physical Studio is affiliated with the Royal Dutch Association for Physiotherapy, hereafter called 'KNGF', and complies with the complaints arrangement drawn up by the KNGF for its members. Physical Studio makes every effort to treat you as well as possible. If the personal interview has not produced the desired result, you can make use of the complaints procedure. More information about this complaints procedure can be found online at www.defysiotherapeut.com.
4. If you have a complaint about something other than physiotherapy, you must report the complaint or comment within a reasonable period, after the discovery of a defective Product. The period for reporting is in any case 7 Days and after discovery of the defect. Hereby, the term starts to run from the moment Client or Customer discovers or reasonably should have discovered the defect.
5. Physical Studio will contact the Client after notification of the complaint as soon as possible, but no later than 7 Days, to discuss the complaint and further steps to be taken.
6. The Client must always give Physical Studio the opportunity to remedy the defect. A reasonable period will be determined per defect between the Parties. If a report consists of several defects, an appropriate term for repair will be determined per defect.
7. Assessment of the work to be done to remedy the defect is always at the discretion of Physical Studio.
20. Privacy and data of Clients and Customers
Physical Studio has a statutory duty of confidentiality concerning physiotherapy treatments. This means that all exchanged information will be treated confidentially. Physical Studio complies at all times with the General Data Protection Regulation and/or related laws and regulations. See our privacy policy for more information.
21. Conversion
If and insofar as, on the basis of reasonableness and fairness or the unreasonably onerous character of any provision of the Agreement and General Terms and Conditions, no appeal can be made, the relevant provision shall in any case, as far as possible, be accorded a corresponding meaning as far as content and tenor are concerned, so that an appeal can be made.
22. Continuation of effect
If it is the explicit or tacit intention that provisions in these General Terms and Conditions remain in force, they will remain in force after termination of the Agreement between the Parties.
23. Conflicting clauses
If the General Terms and Conditions and the Agreement contain conflicting clauses, the provisions contained in the Agreement concluded between the Parties shall apply. This only applies if it contains an express Order Confirmation. In any other case, the provisions as included in these General Terms and Conditions shall apply.
24. Non-compliance with General Terms and Conditions
If the Client does not comply with the stipulations in these General Conditions, Physical Studio has the right to refuse to perform further Services for the Client.
25. Applicable Law
All Agreements between the Client and Physical Studio and these General Conditions are governed by Dutch law.
26. Choice of forum
The District Court of Amsterdam (civil division/canton) is competent to hear disputes. Nevertheless, Physical Studio has the right to submit the dispute to the competent court according to the law.
Latest version 2024
