Terms and Conditions

Article 1 - Definitions

1. Lean In: Lean In, established in Nijmegen, Chamber of Commerce (KvK) number 64816516.
2. Client: the party with whom Lean In has entered into an agreement.
3. Parties: Lean In and the Client together.
4. Consumer: a Client who is also an individual and who acts in a private capacity.

Article 2 - Applicability

1. These terms apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of Lean In.
2. Lean In and the Client may only deviate from these terms if this has been agreed in writing.
3. Lean In and the Client expressly exclude the applicability of the general terms of the Client or of others.

Article 3 - Prices

1. Lean In uses prices in euros, including VAT and excluding any other costs such as administration or shipping costs, unless otherwise agreed in writing.
2. Lean In may change the prices of its services and products on its website and in other communications at any time.
3. Lean In and the Client agree on a total amount as a target price for a service, unless otherwise agreed in writing.
4. Lean In may deviate from the target price by up to 10%.
5. Lean In must inform the Client in good time why a higher price is justified, where the target price will be exceeded by more than 10%.
6. The Client may cancel the part of the assignment that exceeds the target price (increased by 10%), where the target price will be exceeded by more than 10%.
7. Lean In may adjust the prices annually.
8. Lean In will notify the Client of price adjustments prior to them taking effect.
9. A consumer may terminate the agreement with Lean In if they do not agree with the price increase.

Article 4 - Payments and payment term

1. Lean In may require a deposit of up to 100% of the agreed amount when entering into the agreement.
2. The Client must have paid a payment in arrears within 7 days of delivery.
3. The payment terms used by Lean In are strict payment deadlines. This means that if the Client has not paid the agreed amount by the last day of the payment term at the latest, they are automatically in default and in breach, without Lean In having to send the Client a reminder or a notice of default.
4. Lean In may make delivery dependent on immediate payment or demand security for the total amount of the services or products.
5. In the event of early termination of the previously agreed arrangements, no refund of the amount paid is possible. Lean In and the Client will jointly reach an agreement, whether in the form of no refund or in the form of the amount as a credit.
6. The payment and cancellation terms, as set out in Article 9, apply in full to all services offered by Lean In, including individual sessions, single sessions, workshops and retreats.

Article 5 - Consequences of late payment

1. If the Client does not pay within the agreed term, Lean In may charge the statutory interest per month for non-commercial transactions from the day the Client is in default, whereby part of a month is counted as a full month.
2. When the Client is in default, they must additionally pay extrajudicial collection costs and any compensation for damages to Lean In.
3. The collection costs are calculated on the basis of the Decree on compensation for extrajudicial collection costs.
4. When the Client does not pay on time, Lean In may suspend its obligations until the Client has paid.
5. In the event of liquidation, bankruptcy, attachment or suspension of payment on the part of the Client, Lean In’s claims against the Client are immediately due and payable.
6. If the Client refuses to cooperate with the performance of the agreement by Lean In, they must still pay the agreed price.

Article 6 - Right of withdrawal

1. A consumer may cancel an online purchase within 14 days of purchase without stating a reason. This right of withdrawal does not apply when:
   • the service concerns accommodation, a trip, a restaurant business, transport, a catering assignment or a form of leisure activity
   • the consumer has waived their right of withdrawal
   • it concerns a service that is fully performed within the cooling-off period with the consent of the Client and for which the Client has expressly declared that they waive their right of withdrawal
2. The cooling-off period of 14 days in paragraph 1 begins:
   • as soon as the consumer has concluded an agreement for the delivery of a service
   • as soon as the consumer has confirmed that they will purchase digital content via the internet
3. The consumer may make use of their cooling-off period by sending an email with that subject to ryanne@praktijkleanin.nl.

Article 7 - Insurance

1. The Client must adequately insure and keep insured the following items against, among other things, fire, explosion and water damage, and theft:
   • delivered items that are necessary for the performance of the underlying agreement
   • items belonging to Lean In that are present at the Client’s premises
   • items delivered under retention of title
2. At Lean In’s first request, the Client shall provide the policy of these insurances for inspection.

Article 8 - Warranty

1. When the Client and Lean In have entered into an agreement of a service-providing nature, this contains for Lean In only a best-efforts obligation and therefore no obligation to achieve a specific result.

Article 9 - Performance of the agreement

1. Lean In performs the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship.
2. Lean In may have the agreed services performed in whole or in part by others.
3. The performance of the agreement takes place in consultation and after written approval and payment of any advance by the Client.
4. The Client must ensure that Lean In can start performing the agreement on time.
5. If the Client does not ensure that Lean In can start on time, the resulting additional costs are for the account of the Client.
6. Appointments cancelled less than 24 hours in advance will be invoiced. The first time, an invoice of 50% of the agreed amount applies. In the event of repeated late cancellations or no-shows, 100% of the agreed amount will be charged. This also applies in the event of a no-show by the Client at the agreed time, as agreed and communicated by email or other means of communication. These payment and cancellation terms apply to all forms of services provided by Lean In, including individual sessions, retreats, single sessions and workshops.

Article 10 - Provision of information by the Client

1. The Client makes all information, data and documents that are relevant for the correct performance of the agreement available to Lean In in good time and in the desired form and manner.
2. The Client guarantees the accuracy and completeness of the information, data and documents provided, even if these originate from third parties, insofar as the nature of the agreement does not dictate otherwise.
3. When and insofar as the Client requests this, Lean In returns the relevant documents.
4. If the Client does not make the information, data or documents reasonably required by Lean In available, or does not make them available on time or properly, and the performance of the agreement is delayed as a result, the resulting additional costs and additional hours are for the account of the Client.

Article 11 - Duration and scope of the guidance

1. The number of sessions and the duration of the guidance are not determined in advance. During the intake, Lean In and the Client jointly agree on what is appropriate, given the Client’s situation and needs.
2. The Client and Lean In may adjust or end the guidance at any time by mutual agreement. There is no minimum term and no notice period.

Article 12 - Termination

1. The Client may end the guidance at any time; there is no notice period.
2. For cancelling or rescheduling a separate, already scheduled session, the cancellation terms set out elsewhere in these terms apply.

Article 13 - Intellectual property

1. Lean In retains all intellectual property rights to all designs, drawings, writings, data carriers or other information, quotations, images and sketches, unless otherwise agreed.
2. The Client may not, without prior written consent from Lean In, show, make available or otherwise use to others the intellectual property rights referred to in paragraph 1.

Article 14 - Confidentiality

1. The Client keeps confidential any information, in whatever form, that they receive from Lean In.
2. The same applies to all other information concerning Lean In of which the Client knows or can reasonably suspect that it is secret or confidential, or of which they can expect that its dissemination could harm Lean In.
3. The Client takes all necessary measures to ensure that they keep the information in paragraphs 1 and 2 confidential.
4. The confidentiality obligation described in this article does not apply to information:
   • that was already public before the Client learned of this information, or that later became public without this being the result of a breach of the Client’s confidentiality obligation
   • that is made public by the Client on the basis of a statutory obligation
5. The confidentiality obligation described in this article applies for the duration of the underlying agreement and for a period of 3 years thereafter.

Article 15 - Penalty clause

1. When the Client breaches the article on confidentiality or intellectual property, they must pay Lean In an immediately due and payable penalty for each breach.
2. If the Client is a consumer, the penalty in paragraph 1 amounts to: € 1,000.
3. If the Client is not a consumer, the penalty in paragraph 1 amounts to: € 5,000.
4. In addition, the Client must pay an amount of 5% of the applicable amount in paragraph 2 or 3 for each day that the breach continues.
5. The Client must pay the penalty in paragraph 1 without a notice of default or legal proceedings being required. Nor does there have to be any damage.
6. In addition to the penalty in paragraph 1, Lean In may also demand compensation for damages from the Client.

Article 16 - Indemnification

1. The Client indemnifies Lean In against all claims from others that are related to the products and/or services delivered by Lean In.

Article 17 - Complaints

1. The Client must examine a product delivered or service provided by Lean In for any defects as soon as possible.
2. If a delivered product or provided service does not meet what the Client could reasonably expect, the Client must notify Lean In of this within 1 month of establishing the defect.
3. A consumer must notify Lean In of this within 2 months of establishing the defect at the latest.
4. The Client thereby provides as detailed a description of the defect as possible, so that Lean In can respond appropriately.
5. The Client must demonstrate that the complaint relates to an agreement between the Client and Lean In.
6. When a complaint concerns ongoing activities, the Client cannot demand that Lean In carry out activities other than those agreed.
7. When the Client is not satisfied with Lean In’s services, the Client indicates this to Lean In as soon as possible. Lean In will then try to reach an informal solution.
8. If the aforementioned complaints procedure does not lead to a solution, the Client can make use of the complaints scheme of the NIP, of which Lean In as a member may make use. Because the NIP complaints scheme in itself does not fully cover the Care Quality, Complaints and Disputes Act (Wkkgz), Lean In is additionally affiliated with the Central Bureau for Complaints Management in Healthcare (CBKZ). A complaint or dispute can be submitted via klachten@cbkz.nl.

Article 18 - Notice of default

1. The Client must give any notice of default to Lean In in writing.
2. The Client is responsible for ensuring that their notice of default actually reaches Lean In on time.

Article 19 - Liability of the Client

1. When Lean In enters into an agreement with multiple Clients, each of them is jointly and severally liable for fulfilling the arrangements in that agreement.

Article 20 - Liability of Lean In

1. Lean In is only liable for damage suffered by the Client when that damage is caused by intent or deliberate recklessness.
2. When Lean In is liable for damage, this applies only to direct damage that is related to the performance of an underlying agreement.
3. Lean In is not liable for indirect damage, such as consequential loss, lost profit or damage to third parties.
4. When Lean In is liable, this liability is limited to the amount paid out by a concluded (professional) liability insurance. If no insurance has been concluded or no amount of damages is paid out, the liability is limited to the (part of the) invoice amount to which the liability relates.
5. All images, photos, colours, drawings and descriptions on the website or in a catalogue are merely indicative and cannot lead to any compensation, dissolution or suspension.

Article 21 - Limitation period

1. Every right of the Client to compensation for damages from Lean In lapses 12 months after the event from which the liability directly or indirectly arises. This does not exclude the provisions of Article 6:89 of the Dutch Civil Code.

Article 22 - Dissolution

1. The Client may dissolve the agreement when Lean In is attributably in default in the fulfilment of its obligations, unless this default does not justify dissolution because of its special nature or minor significance.
2. If the fulfilment of the obligations by Lean In is still possible, dissolution can only take place after Lean In is in default.
3. Lean In may dissolve the agreement with the Client when the Client does not fully or timely fulfil their obligations under the agreement, or when Lean In has become aware of circumstances that give it good grounds to believe that the Client will not fulfil their obligations.

Article 23 - Force majeure

1. In addition to Article 6:75 of the Dutch Civil Code, a default by Lean In cannot be attributed to Lean In by the Client when there is a situation of force majeure.
2. The situation of force majeure in paragraph 1 also includes, among other things:
   • a state of emergency such as a civil war or natural disaster
   • non-performance or force majeure of suppliers, deliverers or others
   • power, electricity, internet, computer or telecom failures
   • computer viruses
   • strikes
   • government measures
   • transport problems
   • poor weather conditions
   • work stoppages
3. When a situation of force majeure occurs as a result of which Lean In cannot fulfil one or more obligations towards the Client, those obligations are suspended until Lean In can fulfil them.
4. From the moment that a situation of force majeure has lasted at least 30 calendar days, both the Client and Lean In may dissolve the agreement in writing in whole or in part.
5. In a situation of force majeure, Lean In does not have to pay any compensation to the Client, even when Lean In benefits from it.

Article 24 - Amendment of the agreement

1. When it is necessary for its performance to amend a concluded agreement, the Client and Lean In may adjust the agreement.

Article 25 - Amendment of the terms and conditions

1. Lean In may amend these terms and conditions.
2. Lean In may always implement amendments of minor importance.
3. Lean In will discuss significant amendments with the Client in advance as much as possible.
4. A consumer may terminate the underlying agreement in the event of a significant amendment to the terms and conditions.

Article 26 - Transfer of rights

1. The Client cannot transfer rights under an agreement with Lean In to others without written consent from Lean In.
2. This provision applies as a stipulation with effect under property law as referred to in Article 3:83 paragraph 2 of the Dutch Civil Code.

Article 27 - Consequences of nullity or voidability

1. When one or more provisions of these terms and conditions prove to be null and void or voidable, this has no effect on the other provisions of these terms.
2. A provision that is null and void or voidable is in that case replaced by a provision that comes closest to what Lean In had in mind on that point when drawing up the terms.

Article 28 - Applicable law and competent court

1. Dutch law applies to these terms and conditions and every underlying agreement between the Client and Lean In.
2. The court in the district of Lean In’s place of establishment has exclusive jurisdiction to hear any disputes between the Client and Lean In, unless the law provides otherwise.

Drawn up on 08 July 2024.