Terms and Conditions

1. Contact details

The website https://discoveryourwildself.com is owned by de Gaay Fortman Advies, with registered office at Schermerstraat 10 Zw, 2013 ES Haarlem, Netherlands and registered at the KVK under number 68958870 (hereinafter: de Gaay Fortman Advies).

Telephone number: +31 6 5883 7096

E-mail: hello@discoveryourwildself.com

Address: Schermerstraat 10 Zw, 2013 ES Haarlem, Netherlands

2. Definitions

· General Terms and Conditions: Current general terms and conditions

· Service(s): The service(s) provided to the Customer by de Gaay Fortman Advies as determined in the offer, quotation and/or agreement drawn up between the Parties, whether or not at a distance.

· Calendar day: A day, including Saturday or Sunday or a public holiday in the Netherlands.

· Customer: The consumer or legal entity who wishes to make use of the services of de Gaay Fortman Advies and instructs it to do so.

· Agreement: the agreement as concluded between the Parties in the context of the Services as provided by de Gaay Fortman Advies, to which the current General Terms and Conditions apply.

· Distance Contract / Distance Sale: Any agreement between de Gaay Fortman Advies and the Customer regarding goods or services that is concluded in the context of a system for distance sales and/or service provision organised by de Gaay Fortman Advies, whereby, for this agreement, exclusive use is made of one or more techniques for distance communication up to and including the conclusion of the agreement itself.

· Party(ies): Customer and/or de Gaay Fortman Advies

· Session: The Services that are provided by de Gaay Fortman Advies to the Customer at the specific Time Slot determined between them and for the duration determined by them. The entire Agreement may include multiple Sessions at different Time Slots. · Time slot: The specific moment (date and/or time) at which the Parties have agreed to schedule a Session.

· de Gaay Fortman Advies: de Gaay Fortman Advies, with registered office at Schermerstraat 10 Zw, 2013 ES Haarlem, Netherlands and registered at the KVK under number 68958870

3. General

3.1. Unless expressly agreed otherwise in advance and in writing, these General Terms and Conditions apply to every offer, quotation, Agreement (at a distance) and/or sale by de Gaay Fortman Advies to the Customer.

3.2. These General Terms and Conditions replace any previous general terms and conditions of de Gaay Fortman Advies. The possible application of general terms and conditions of the Customer or any other third party is hereby expressly excluded.

3.3. In the event that specific goods or service conditions apply in addition to these General Terms and Conditions, and there are differences between the additional conditions, the Agreement and/or the General Terms and Conditions, then in principle, unless expressly agreed otherwise in writing, the provisions of the additional conditions / the Agreement apply above the General Terms and Conditions.

3.4. de Gaay Fortman Advies reserves the right to change and/or supplement the General Terms and Conditions at any time for future orders.

3.5. When using the Website and/or placing an order, the Customer must always read the current General Terms and Conditions carefully and expressly accept them.

4. Services

4.1. The Services as provided by de Gaay Fortman Advies are divided as follows:

- One- or multi-day retreats at home or abroad

- One- or multi-day team retreats at home or abroad

- Specific events

- Individual coaching session(s)

The Services may be changed in the future.

4.2. Except for the general provisions as included in the current General Terms and Conditions, each Service also has specific conditions regarding ordering, confirmation, payment, cancellation. These differ depending on the Service(s) chosen by the Customer. The Customer will always, in addition to the conditions as determined in the current General Terms and Conditions, thoroughly read the information and conditions as shown on the Website.

4.3. Any information/requirements/services, not known in advance by de Gaay Fortman Advies or the Customer and/or not (correctly) reported by the Customer, but strictly necessary to be able to perform the (further) Services, do not form part of the existing Agreement, and will - unless otherwise agreed between the Parties - be charged at the usual prices and are at the expense of the Customer.

4.4. Any additional or fewer Services that were not included in the Agreement concluded/agreements made between the Parties will also be charged separately to the Customer.

4.5. de Gaay Fortman Advies reserves the right to make changes to the execution of the assignment/Agreement if it appears during the execution that, taking into account, but not limited to, availability, feasibility, location, numbers, (technicale) evolution, specifications of goods and/or services, etc. such changes are necessary to ensure proper execution. de Gaay Fortman Advies will inform the Customer of this in a timely manner.

4.6. The Service provided by de Gaay Fortman Advies is always an "obligation of effort".

4.7. The Customer's cooperation is required for the execution of the Services/Agreement. The Customer undertakes to provide the necessary cooperation. The Customer will ensure full cooperation with de Gaay Fortman Advies during the term of the Agreement to enable de Gaay Fortman Advies to fulfil its obligations under the Agreement/agreements made.

4.8. The Customer undertakes to provide the information and/or documentation requested by de Gaay Fortman Advies that is required to enable the provision of services by de Gaay Fortman Advies.

5. Third parties and subcontracting

5.1. For the execution of the Services/Agreement, de Gaay Fortman Advies reserves the right to call upon third parties, including but not limited to catering, location, material, installations, etc.

5.2. To the extent possible, the prices of the subcontractors and/or third parties are included in the Agreement.

5.3. The Customer accepts that de Gaay Fortman Advies is and/or may be bound by the availability, the offer and the prices imposed and/or adjusted by these third parties.

5.4. If the Customer wishes to call upon a specific third party, including but not limited to location, catering, etc., it will inform de Gaay Fortman Advies of this. The Customer accepts that in this case de Gaay Fortman Advies has the right to request the Customer to communicate with the third party in question itself. Unless expressly agreed otherwise, de Gaay Fortman Advies is not a Party to any agreement concluded with this third party for the goods and/or services supplied by that party.

5.5. The Client acknowledges and accepts that the possibility of changing the Services and/or assignment by the Client for which a third party was appointed, is subject to the availability of this third party.

5.6. All additional costs incurred after the conclusion of the Agreement on behalf of the third party, including additional services provided at the location, will be charged to the Client.

6. Order, confirmation, invoicing and payment

6.1. One- or multi-day retreats at home or abroad

6.1.1. If the Client wishes to participate in one of the one- and/or multi-day retreat(s) as offered on the Website, the Client must apply via the Website by completing the designated online form on the Website.

6.1.2. After receipt by de Gaay Fortman Advies of the online form completed completely, correctly and truthfully by the Client, de Gaay Fortman Advies will contact the Client with a view to setting a date for an intake interview with de Gaay Fortman Advies.

6.1.3. de Gaay Fortman Advies will inform the Client within 5 working days after the intake interview whether he or she will be able to participate in the retreat chosen by him or her by means of an e-mail with a payment link or invoice. After de Gaay Fortman Advies has sent the confirmation e-mail and payment link or invoice, de Gaay Fortman Advies will reserve the Client's place for 14 days.

6.1.4. The Client will only be actually registered after receipt by de Gaay Fortman Advies of the timely and full payment by the Client of the price as determined in the confirmation e-mail. If de Gaay Fortman Advies does not receive the full payment on time, it reserves the right to release the place reserved by the Client again, without prejudice to the provisions as included in article 7 of the current General Terms and Conditions

6.2. One- or multi-day team retreat at home or abroad

6.2.1. If the Client wishes to use de Gaay Fortman Advies to organize a team retreat, the Client will contact de Gaay Fortman Advies by e-mail with a clear explanation of the wishes.

6.2.2. After the organized introductory meeting, de Gaay Fortman Advies will send a proposal to the Client, after which, if the Parties agree, a specific agreement will be concluded.

6.2.3. If nothing has been specifically agreed between the Parties in the agreement, the invoicing by de Gaay Fortman Advies and the payment of the invoice by the Client will proceed as follows:

- 50% of the total amount: Within 2 weeks after signing the agreement.

- 30% of the total amount: 2 weeks before the start of the retreat

- 20% of the total amount: Within 2 weeks after the end of the retreat

6.3. Specific event

6.3.1. If the Customer wishes to participate in one or more specific events as organized by de Gaay Fortman Advies and offered on the Website, he/she must register via the designated link on the Website.

6.4. Individual Coaching

6.4.1. If the Customer wishes to make use of de Gaay Fortman Advies for one or more individual coaching sessions, the Customer must complete the information form as available on the Website

6.5. General

6.5.1. In order to place an order, the Customer must be at least 18 years old.

6.5.2. Insofar as de Gaay Fortman Advies makes a quotation, this is - unless otherwise stated on the quotation - valid for 30 days, without obligation and non-binding until the moment of acceptance by the Customer and confirmation of this acceptance by de Gaay Fortman Advies.

6.5.3. All prices of de Gaay Fortman Advies are shown in EUR, include all associated taxes and are inclusive of VAT, unless stated otherwise.

6.5.4. de Gaay Fortman Advies reserves the right to refuse any order from a Customer with whom a dispute is ongoing or with whom a dispute has already arisen in the past.

6.5.5. To the extent that specific invoicing and payment terms have been agreed between the Parties in the Agreement, de Gaay Fortman Advies will invoice the performance of the Services as agreed between the Parties in the agreement.

6.5.6. In any case, de Gaay Fortman Advies can invoice the performance of the Services to the Customer at any time after completion thereof.

6.5.7. de Gaay Fortman Advies assumes that the invoicing information it receives from the Customer is correct. de Gaay Fortman Advies is of course not liable in the event of fraud or deceit or in the event of errors by the Customer.

6.5.8. Invoices are payable within 14 Calendar Days after the invoice date, unless otherwise agreed. Payment must be made to the bank account designated in writing by de Gaay Fortman Advies. The time of payment is of the essence.

6.5.9. To the extent that the customer does not agree with the invoice from de Gaay Fortman Advies, it must dispute the invoice by registered letter within 8 Calendar Days after receipt of the invoice. Invoices are deemed to have been received on the first working day after the date of the e-mail with which the relevant invoice was sent.

6.5.10. In the event of non-payment of the invoice within the set term in a B2B relationship, a fixed compensation amounting to 10% of the outstanding invoice amount, with a minimum of EUR 175 per invoice, is due by operation of law and without prior notice of default from the due date, without prejudice to the right of de Gaay Fortman Advies to claim higher compensation upon proof of higher actual damage suffered. In addition, each unpaid invoice will be increased by default interest equal to the interest rate as determined in the Act of 2 August 2002 on combating late payment in commercial transactions, by operation of law and without prior notice of default.

6.5.11. In the event of non-payment by a consumer within the specified payment term, the entrepreneur will first send a written payment reminder granting the consumer a period of at least 14 calendar days to still fulfill the payment obligation. If payment is not made within that period, the entrepreneur is entitled to charge statutory interest (wettelijke rente) as defined in Article 6:119 of the Dutch Civil Code, and to charge reasonable extrajudicial collection costs in accordance with the Dutch Wet normering buitengerechtelijke incassokosten (WIK). The amount of these costs will be determined based on the graduated scale set out in the Besluit vergoeding voor buitengerechtelijke incassokosten.

7. Rescheduling and/or cancellation

7.1. The one- or multi-day retreats and the short events will take place on a date determined by de Gaay Fortman Advies. The team retreats and/or individual coaching sessions will take place at a time specifically agreed between the Parties.

7.2. The agreement made is therefore a binding agreement on the part of the Customer.

7.3. If the Client needs to reschedule, this will be charged in full or in part to the Client according to the following principles, regardless of the reason for the rescheduling (including force majeure):

7.4. For one- or multi-day retreats at home or abroad and for specific events, rescheduling is not possible.

7.5. Unless expressly agreed otherwise between the Parties, in the event of cancellation by the Client, the Service will be charged in full and/or in part to the Client according to the following principles, regardless of the reason for the cancellation (including force majeure):

7.6. The Client acknowledges that insofar as a third party has been called upon in accordance with article 5 of the current General Terms and Conditions, the Client may be required to pay compensation to this third party in the event of cancellation or rescheduling, depending on the terms and conditions of this third party. This is the responsibility of the Client, who will make the payment to this third party upon first request. To the extent that the communication and payment of this third party is via de Gaay Fortman Advies, the Customer will make the payment to de Gaay Fortman Advies upon first request by de Gaay Fortman Advies.

7.7. The Customer acknowledges that due to rescheduling, the price may have to be adjusted given changed circumstances. For example, it could be that the location where the Service is organized can no longer be offered at the same price as that determined in the Agreement.

7.8. The Customer acknowledges that he is aware of the fact that in the event of rescheduling a Service to a new Time Slot, this depends on the availability of de Gaay Fortman Advies as well as that of any third parties.

8. Confidentiality

8.1. Confidential Information is all information in any form (oral, written or digital) of any nature (including but not limited to commercial, financial, strategic, technological, legal, tax, etc. information, such as but not limited to trade secrets, databases, reports, interpretations, forecasts, analyses, ideas, correspondence, presentations, reports, customer lists and other customer information, know-how, designs, technical specifications, production processes or improvements, market definitions, etc.), which has been disclosed by one Party to the other or which has been received by a Party in any other way during or in connection with the Agreement, and regardless of whether such information can be protected by an intellectual property right.

8.2. Each Party acknowledges that it may come into possession of confidential information disclosed by the other Party in the context of the Agreement during the course of the Agreement.

8.3. Each Party agrees to treat as strictly confidential all information exchanged or obtained by them in the context of the Agreement and which is not available as such to the public or from independent sources.

8.4. Not considered confidential information is any information which:

(I) is publicly available, other than as a result of a breach of this clause;

(II) was already known to the party before entering into the agreement formed by the offer / general terms and conditions, and when this information is not considered confidential under another agreement;

(III) was lawfully obtained other than by means of the agreement formed by the offer / general terms and conditions.

8.5. Each Party agrees not to disclose Confidential Information directly or indirectly to any third party, other than its personnel, other persons performing the obligations under the Agreement, or service providers employed by a party sworn to secrecy, provided that the Party ensures that the personnel, persons performing the obligations under the Agreement between the Parties, or service providers employed by a party sworn to secrecy, before receiving the Confidential Information, comply with the same obligations regarding confidentiality and non-use of the Confidential Information as are imposed in these General Terms and Conditions.

8.6. Each Party shall ensure that neither it nor any member of its personnel or other person performing the obligations under the Agreement between the Parties uses Confidential Information for purposes other than those permitted under the Agreement.

8.7. The Parties agree that the confidential information may only be shared with a third party if:

- This disclosure is required by law, in which case the party disclosing the confidential information shall immediately inform the non-disclosing party of this disclosure;

- This is necessary to support a claim or defense in a dispute between the parties;

- If this has been expressly agreed in writing between the parties.

9. Warranty and Liability

9.1. Each Party represents and warrants to the other Party that:

- It has the full power and authority to enter into the agreement between the Parties;

- The execution of the Agreement and the fulfillment of its obligations under the Agreement does not conflict with any other agreement and/or obligation to which it is a party;

- The Agreement constitutes a legal, valid and binding obligation.

9.2. As stipulated in article 5 of the current Agreement, the Customer acknowledges that de Gaay Fortman Advies calls upon/must call upon third parties for the performance of the Service(s)/Agreement. This applies to both location, food, transport, etc. de Gaay Fortman Advies cannot be held liable for any changes to/cancellation of the Services as a result of decisions by the third party in question, including, but not limited to, delays or cancellations of flights, closing of locations, etc.

9.3. Under the Agreement, de Gaay Fortman Advies is not liable for any indirect damage suffered by the Customer, nor for any other consequential damage, except in the case of intent or gross negligence ("intent", "gross negligence" or "gross negligence") of de Gaay Fortman Advies.

9.4. In any event, the liability of de Gaay Fortman Advies will never exceed an amount equal to the value of the quotation, with a maximum of 10000 EUR (whichever is lower).

10. Force Majeure

10.1. If a case of force majeure prevents a Party from fulfilling its obligations under the Agreement in whole or in part, this Party shall immediately notify the other Party in writing and the Parties shall consult to find a fair solution and shall make every reasonable effort to limit the consequences of the case of force majeure as much as possible.

10.2. The performance of the obligations of the Parties under the Agreement affected by the event of force majeure shall be suspended for the duration of the delay caused by the event of force majeure and the period of performance shall be automatically extended by an equal period, without any additional compensation being due.

10.3. If the situation of force majeure lasts for more than thirty (30) calendar days and the Parties have not been able to find an equitable solution, each Party shall have the right to terminate the Agreement with immediate effect by means of written notice and without being liable for any compensation.

11. Intellectual property

11.1. Intellectual property rights shall mean: registered or unregistered copyrights, trademark rights, trade names, design rights, patents, know-how, methods, concepts and/or any other (intellectual property) rights.

11.2. The Client expressly acknowledges that all intellectual property rights of the displayed, informative, communications and/or other expressions with regard to the Services, products, packaging, the Website, the content on the Website, etc. are vested in de Gaay Fortman Advies and/or other rights holders.

11.3. The Client is prohibited from using and/or making changes to the intellectual property rights of de Gaay Fortman Advies or endangering them in any way.

11.4. The Client is responsible for the documents that it has provided to de Gaay Fortman Advies. The Client guarantees that all text, images, photos and/or other creative elements that it provides to de Gaay Fortman Advies are its property and/or that it has at least obtained permission from the rightful owner to use the aforementioned/supplied elements.

11.5. During events, photos may be taken by de Gaay Fortman Advies or third parties appointed by it. By accepting the current General Terms and Conditions, the Customer expressly waives its intellectual property rights (including portrait rights) to the photos. The Customer expressly agrees that de Gaay Fortman Advies uses the photos in the context of, but not limited to, publicity, website, social media, etc.

12. Processing of personal data

12.1. de Gaay Fortman Advies collects the following personal data from the Buyer in order to be able to execute the agreement with it: first and last name, country, street and house number, city, postal code, email address and telephone number. These personal data are shared with third-party partners that the Seller uses (CRM, sales, invoicing, accounting, general processing of documents, transport), if necessary outside the European Economic Area, whereby the necessary measures and guarantees are taken by the Seller to guarantee appropriate protection of the personal data. These personal data are never simply sold or passed on to third parties with commercial intentions. The personal data are stored for as long as necessary for the execution of the agreement with the Buyer and up to 7 years after the termination of the agreement. The Buyer has the right to request the Seller to inspect and rectify or erase the personal data or, in certain cases, to limit the processing concerning him, as well as the right to object to the processing and the right to data portability (the latter only for data provided by the Buyer himself). In addition, the Buyer can file a complaint with the Autoriteit Persoonsgegevens (Postbus 93374, 2509 AJ Den Haag, tel. +31 88 – 1805 250, www.autoriteitpersoonsgegevens.nl), but the Seller always requests to contact her first if the Buyer believes there is a problem. For more information, see our privacy policy [hyperlink to privacy policy].

13. Complaints procedure

13.1. For any complaints about the Services provided, de Gaay Fortman Advies, you can always contact de Gaay Fortman Advies via hello@discoveryourwildself.com. de Gaay Fortman Advies will do everything it can to handle the complaint within the 14 calendar days to be dealt with.

14. Amendment

14.1. de Gaay Fortman Advies reserves the right to amend these General Terms and Conditions at any time.

14.2. Insofar as there is a change to the General Terms and Conditions that has an effect on the discussions ongoing between de Gaay Fortman Advies and the Customer in the context of the Services to be provided, de Gaay Fortman Advies will inform the Customer of this in writing.

In the absence of written protest within 14 days after notification of the amended text, the Customer is deemed to have agreed to the amended text and this amended text binds the Customer for the current order.

15. General provisions

15.1. All notifications between the Parties are made by email via the email address as stated in article 1 of the current General Terms and Conditions, as well as the email address provided by the Parties.

15.2. One or more provisions in these General Terms and Conditions may only be deviated from if this has been expressly agreed in writing. The remaining provisions of these terms and conditions shall remain in full force in such case.

15.3. The possible nullity of any provision of these General Terms and Conditions shall in no event entail the nullity and/or unenforceability of the other provisions. In such case, the Parties shall endeavor to replace any void provision with an equivalent and valid provision.

15.4. Unless otherwise provided in these General Terms and Conditions, the failure or delay of a Party to exercise a right or remedy under these General Terms and Conditions shall in no event be deemed to be a waiver of such right or remedy, or of any other right or remedy to which a Party may rely under these General Terms and Conditions.

15.5. The Agreement and the General Terms and Conditions, including all appendices, constitute the entire agreement and understanding between the parties with respect to the subject matter of the Agreement and supersede all previous (oral, written and/or digital) agreements or understandings between the parties with respect to such subject matter.

16. Applicable law and competent court

16.1. The Agreement and these General Terms and Conditions are exclusively subject to Dutch law.

16.2. In the event of a dispute concerning the Agreement and/or these General Terms and Conditions, such dispute shall be submitted exclusively to the competent court in the district of Noord-Holland, location Haarlem, unless mandatory law prescribes otherwise.

16.3. Consumers also have the option of appealing to alternative dispute resolution via the Geschillencommissie (De Geschillencommissie, Postbus 90600, 2509 LP Den Haag, tel: +31 70 310 53 10, www.degeschillencommissie.nl). If you, as a Consumer, reside in a European country other than the Netherlands, we refer you to the European Commission's online dispute resolution portal: https://ec.europa.eu/odr.