Terms of Service

Last updated: December 2024

These Terms of Service govern your use of whitnehwkl's virtual personal training services and website.

Acceptance of Terms

By accessing or using whitnehwkl's virtual personal training services, website, or mobile applications, you agree to be bound by these Terms of Service and all applicable laws and regulations. If you do not agree with any of these terms, you are prohibited from using our services.

These terms constitute a legally binding agreement between you and whitnehwkl B.V., a company registered in the Netherlands with registration number B652325741, located at Marktplein 216, 9733 CA Groningen, Netherlands.

We reserve the right to modify these terms at any time. Changes will be effective immediately upon posting on our website. Your continued use of our services after changes are posted constitutes your acceptance of the revised terms.

Service Description

whitnehwkl provides virtual personal training services including:

  • One-on-one virtual personal training sessions
  • Group fitness classes conducted online
  • Fitness assessments and program design
  • Nutrition guidance and wellness coaching
  • Specialized fitness programs for various goals and populations
  • Access to our online platform and training resources

Our services are delivered through video conferencing technology and digital platforms. Service availability may vary based on technical requirements and trainer schedules.

User Obligations and Responsibilities

As a user of whitnehwkl's services, you agree to:

  • Provide accurate and complete information during registration and assessments
  • Maintain the confidentiality of your account credentials
  • Use our services only for their intended purpose
  • Follow all safety guidelines and instructions provided by trainers
  • Ensure you have adequate space and equipment for safe exercise
  • Inform trainers of any health conditions, injuries, or limitations
  • Attend scheduled sessions on time and provide reasonable notice for cancellations
  • Treat trainers and other participants with respect and professionalism
  • Not record, distribute, or share training sessions without explicit permission
  • Comply with all applicable laws and regulations

You are responsible for ensuring your internet connection and equipment are suitable for virtual training sessions.

Health and Safety Disclaimer

Before beginning any exercise program with whitnehwkl, you should consult with your physician or healthcare provider. You acknowledge that:

  • Exercise involves inherent risks of injury
  • You participate in training sessions at your own risk
  • You are responsible for exercising within your physical limitations
  • You will immediately stop exercising and seek medical attention if you experience pain, discomfort, or any concerning symptoms
  • Virtual training cannot replace in-person medical supervision
  • Our trainers are not medical professionals and cannot provide medical advice

You assume full responsibility for any injuries or health issues that may occur during or as a result of your participation in our training programs.

Payment Terms and Billing

Payment terms for whitnehwkl services:

  • All fees are quoted in Euros (EUR) and include applicable VAT
  • Payment is required in advance for all services
  • We accept major credit cards and bank transfers
  • Package deals must be paid in full before the first session
  • Prices are subject to change with 30 days' notice
  • Refunds are subject to our cancellation policy outlined below
  • Failed payments may result in suspension of services

All payments are processed securely through our payment partners. We do not store your payment information on our servers.

Cancellation and Refund Policy

Our cancellation policy is designed to be fair to both clients and trainers:

Session Cancellations:

  • 24+ hours notice: Full credit or reschedule at no charge
  • 12-24 hours notice: 50% session fee charged
  • Less than 12 hours notice: Full session fee charged
  • No-shows: Full session fee charged

Package Refunds:

  • Unused sessions may be refunded within 30 days of purchase
  • Refunds calculated at individual session rates minus package discount
  • Processing fees may apply to refund requests
  • Medical circumstances may qualify for special consideration

Refund requests must be submitted in writing to support@whitnehwkl.top.

Intellectual Property

All content, materials, and intellectual property related to whitnehwkl's services are owned by whitnehwkl B.V. or our licensors. This includes:

  • Training programs, workout plans, and exercise routines
  • Website content, logos, and branding materials
  • Software, applications, and digital platforms
  • Educational materials and resources
  • Video content and training methodologies

You are granted a limited, non-exclusive license to use our materials solely for your personal fitness training. You may not:

  • Copy, distribute, or reproduce our content without permission
  • Use our materials for commercial purposes
  • Modify or create derivative works from our content
  • Remove copyright or proprietary notices
  • Share login credentials or access with others

Unauthorized use of our intellectual property may result in legal action and termination of services.

Privacy and Data Protection

Your privacy is important to us. Our collection, use, and protection of your personal data is governed by our Privacy Policy, which forms part of these terms. By using our services, you consent to:

  • Collection and processing of personal and health information
  • Recording of training sessions for quality and safety purposes
  • Communication regarding your training program and our services
  • Data sharing with third-party service providers as outlined in our Privacy Policy

For complete details on how we handle your data, please review our Privacy Policy.

Technology Requirements and Support

To participate in virtual training sessions, you need:

  • Reliable high-speed internet connection
  • Device with camera and microphone (computer, tablet, or smartphone)
  • Compatible web browser or mobile app
  • Adequate lighting and space for exercise
  • Basic fitness equipment as recommended by your trainer

While we strive to provide reliable service, we cannot guarantee uninterrupted access due to:

  • Internet connectivity issues
  • Technical maintenance or updates
  • Third-party service interruptions
  • Force majeure events

Technical support is available during business hours. Missed sessions due to technical issues on our end will be rescheduled at no charge.

Limitation of Liability

To the maximum extent permitted by Dutch law, whitnehwkl B.V. limits its liability as follows:

  • Our total liability for any claims shall not exceed the amount you paid for services in the 12 months preceding the claim
  • We are not liable for indirect, consequential, or punitive damages
  • We do not warrant specific fitness results or outcomes
  • We are not responsible for injuries resulting from your participation in training programs
  • We are not liable for technical issues beyond our reasonable control
  • We do not guarantee the availability or functionality of third-party services

This limitation applies to all claims, whether based on contract, tort, negligence, or any other legal theory. Some jurisdictions do not allow certain limitations, so these may not apply to you.

Nothing in these terms limits our liability for death, personal injury caused by our negligence, fraud, or any other liability that cannot be excluded by law.

Professional Standards and Conduct

whitnehwkl maintains high professional standards:

  • All trainers are certified and maintain continuing education
  • We adhere to industry best practices and safety standards
  • Professional boundaries are maintained in all client relationships
  • Confidentiality of client information is strictly protected
  • We reserve the right to terminate services for inappropriate behavior

If you have concerns about trainer conduct or service quality, please contact us immediately at support@whitnehwkl.top.

Termination

Either party may terminate the service agreement under the following conditions:

Termination by You:

  • You may cancel services at any time with written notice
  • Refunds for unused services subject to our cancellation policy
  • Access to digital platforms will be terminated upon cancellation

Termination by whitnehwkl:

  • Immediate termination for breach of terms or inappropriate conduct
  • 30 days' notice for non-payment or other material breaches
  • Reasonable refund of unused services upon termination by us

Upon termination, all rights and obligations cease except those that by their nature should survive, including payment obligations and liability limitations.

Force Majeure

whitnehwkl shall not be liable for any failure to perform due to circumstances beyond our reasonable control, including:

  • Natural disasters, pandemics, or public health emergencies
  • Government regulations or restrictions
  • Internet or telecommunications failures
  • Acts of terrorism or civil unrest
  • Labor strikes or disputes

During force majeure events, we will make reasonable efforts to provide alternative service delivery methods or reschedule sessions.

Governing Law

These Terms of Service are governed by and construed in accordance with the laws of the Netherlands. Any disputes arising from these terms or your use of our services shall be subject to the exclusive jurisdiction of the courts of the Netherlands.

For consumers residing in the EU, you may also bring proceedings in the courts of your country of residence. Nothing in these terms affects your statutory rights as a consumer.

We encourage resolving disputes through direct communication before pursuing legal action. Please contact us at legal@whitnehwkl.top for any legal matters.

Severability and Entire Agreement

If any provision of these terms is found to be unenforceable or invalid, the remaining provisions will continue in full force and effect. The invalid provision will be replaced with a valid provision that most closely reflects the original intent.

These Terms of Service, together with our Privacy Policy and any specific service agreements, constitute the entire agreement between you and whitnehwkl regarding your use of our services.

No waiver of any term or condition shall be deemed a further or continuing waiver of such term or any other term.

Contact Information

If you have questions about these Terms of Service, please contact us:

whitnehwkl B.V.

Marktplein 216

9733 CA Groningen, Netherlands

Email: legal@whitnehwkl.top

Phone: +31 102407723

Registration Number: B652325741

VAT Number: NL23025759B02