This page was last edited on 20/05/2020.
Dirk Martensstraat 14
Tel. +32(0)494 99 94 43
The organization: LDBX CommV
Agreement: The agreement is based on these general terms and conditions of LDBX CommV in which the customer enters into a written agreement for the training courses at Debruyne Levi, Ballegeer Shun, Vanderschaeghe Gwylim.
These terms and conditions apply if the customer has registered with LDBX CommV to participate in Personal Training and/or coaching. These terms and conditions apply to every activity. Any use of the services of LDBX CommV is done at your own risk. Before using any facility or participating in any activity, each Participant must ascertain whether the use or participation is medically appropriate for that person. In addition, every participant must be insured against accidents. If LDBX CommV has given the advice to get a referral letter from the general practitioner before the start of training, the customer must do this.
3. Intake procedure
In order to guarantee responsible sports, the customer must have had an intake interview before he or she participates in one of the activities. The medical history form must be completed, completed and signed and submitted to LDBX CommV. The training sessions will only start after receipt of the relevant form. The customer must notify LDBX CommV of changes regarding personal data as soon as possible. LDBX CommV will assign a personal trainer to each customer. In addition, if necessary, LDBX CommV will have full power to make decisions about changing the assigned trainer.
4. Time and place
When confirming registration, LDBX CommV will inform you when and where the participant is expected. This is of course discussed in advance with the customer. If due to whatever circumstances a time cannot take place, LDBX CommV is authorized to schedule another time in consultation with the customer. Foreclosure must be announced 24 hours before the training starts. This applies to both LDBX CommV and the customer. Personal coaching packages are valid for twelve weeks. A training session with one of our personal trainers takes place at least once a week. If you are unable to attend for a week, the relevant training session will be postponed for a week.
5. Execution of the assignment
LDBX CommV is obliged, in view of the aim and activity, to guide the participant as well as possible during the activity. The content and the number of participants are determined by Debruyne Levi. LDBX CommV performs the activities in the context of the assignment to the best of its knowledge, expertise and ability. This concerns a best efforts obligation: that is to say that LDBX CommV does not guarantee the success and success of that service or the extent to which this service contributes to the goal set by the participant.
A best efforts obligation applies to every assignment accepted by LDBX CommV. LDBX CommV can never be held liable for results not achieved. LDBX CommV is only liable for shortcomings in the execution of the assignment that are the result of negligence and incompetence in the provision of advice and the execution of the assignments. LDBX CommV is not liable if, for whatever reason, LDBX CommV loses items belonging to the customer and/or third parties in any way. LDBX CommV is not liable if the customer suffers damage in any other way and this damage is due to failure to follow oral or written instructions given by the Personal Trainer, or to the physical or mental condition of the participant. The customer hereby declares that he or she will receive the present sports instruction exclusively and solely at his own risk. The costs of any accident or injury will be borne entirely by him or her. The customer hereby declares now for then to waive all rights to remedy a claim for damages against LDBX CommV for compensation of costs, damages and interests as a result of any accident or injury as a result of the performance of services that LDBX CommV offers. LDBX CommV is liable if LDBX CommV suffers damage in any way and this is due to the failure to follow oral or written instructions given by the Personal Trainer by this customer. The customer must indemnify LDBX CommV against damage that he or she causes to other participants.
LDBX CommV is entitled to dissolve the agreement in whole or in part with immediate effect without any obligation to pay compensation if the customer does not, or only partially, fulfills its obligations under the agreement. An interim termination of the agreement by the customer is only possible on medical grounds with proof of a medical statement from a recognized doctor.
8. Payment conditions
In the agreement between the customer and LDBX CommV, LDBX CommV will inform you when and how the amount must be paid. If the participant does not pay on time, LDBX CommV is entitled to refuse the participant access to the activity until payment has been received. In addition, all payments due for the remaining term of the agreement will become due and payable and you must pay them to LDBX CommV within 14 days of due date. If LDBX CommV has to proceed to collect its claim, the customer will also owe all extrajudicial collection costs and the statutory interest. When a direct debit is reversed, LDBX CommV may charge an amount of EUR 50.00 in administration costs in order to still pay the direct debit amount.
The VAT rate of 9% applies to the services of LDBX CommV. The prices mentioned include VAT. If the costs increase due to unexpected circumstances, LDBX CommV is entitled to increase the prices. In that case, the customer has the right to dissolve the agreement. Unused but already paid sessions will of course continue.
9. Sick report
If the customer is unable to participate in an activity due to illness, the customer is expected to inform LDBX CommV as soon as possible. All appointments must be canceled 24 hours in advance, otherwise the costs of the services will be charged. In case of interruption due to illness, a deductible of two weeks applies, the agreement can then be suspended for a maximum of one year and that only on the basis of a medical certificate from a recognized doctor.
10. Force majeure, holidays & generally recognized public holidays
Force majeure with regard to the agreement is understood to mean everything that is understood in the law and jurisprudence. LDBX CommV is not held to its obligations under the agreement if fulfillment has become impossible due to force majeure. The agreement will then be dissolved. In the event of illness of the Personal Trainer, an alternative is offered to the participant. Personal trainer holidays are announced well in advance. The activities will not take place on generally recognized public holidays. If the participant would have had an appointment on this day, an alternative time will be offered or it will be pushed back a day or a week.
The participant declares that to the best of his/her knowledge he/she is in good health and physically able to follow the instructions of the personal trainer without harm to his health. In case of doubt, the customer undertakes to consult his doctor before entering into the agreement with LDBX CommV. During the term of the agreement, the customer is also obliged to report pain(s), discomfort, abnormal fatigue and/or changes in the physical condition before, during and after the training to LDBX CommV.
LDBX CommV is obliged to observe strict confidentiality with regard to information received from and about the customer. The customer’s personal information is strictly confidential and will be used solely for administrative purposes of LDBX CommV. The relevant data is never made available to third parties for commercial purposes.
13. Intellectual property
Without prejudice to the provisions of these General Terms and Conditions, the customer reserves the rights and powers accruing to the customer under the Copyright Act. Models, methodologies and instruments that are developed and/or applied by LDBX CommV for the execution of the assignment are and remain the property of LDBX-CommV.
Publication or other forms of disclosure thereof is only possible after written permission has been obtained from LDBX CommV. All documents provided by the client, such as reports, advice, training and nutrition schedules, assignments, designs, sketches, drawings, software, etc, for the benefit of LDBX CommV can only be multiplied by LDBX CommV for its own use in its own organization. All documents provided by the customer may not be made public by LDBX CommV without the customer’s prior consent, or made known to third parties under penalty of misuse of the customer’s intellectual property.
The customer can contact LDBX CommV with any complaints. All disputes regarding the conclusion, interpretation or implementation of the agreement or the agreements arising therefrom can be submitted to the competent court of the district where LDBX CommV is located. In all cases Belgian law applies.