Article 1. Definitions 

In these general terms and conditions, the following definitions shall apply:  

1.1 General terms and conditions: the whole of the provisions as set out below.  

1.2 Hakuna Matata Coaching: the one-man business Hakuna Matata Life Coaching, established in (1223 CN) Hilversum, at Wegastraat 7 and registered in the Trade Register of the Chamber of Commerce under file number 78660262, validly represented by Ms T. Elbersen.  

1.3 Client: the natural person or legal entity who has given Hakuna Matata Coaching an assignment to provide products and/or services. 

1.4 Consumer: the natural person, not acting in the exercise of a profession, who has commissioned Hakuna Matata Coaching to provide products and/or services. 

1.5 Services and/or products: all services and/or products related to lifestyle and life coaching and organising retreats and other (live) events and related services and/or (digital) products, such as providing online courses and training, e-books, calendars and planners. The foregoing applies in the broadest sense of the word. 

1.6 Agreement: any written agreement between Hakuna Matata Coaching and the client to provide products and/or services by Hakuna Matata Coaching to, or for the benefit of, the client. This agreement may also count as a treatment agreement within the meaning of Article 7:446 of the Dutch Civil Code (in case of treatments (CAT)). 

1.7 Parties: Hakuna Matata Coaching and the client together.  

1.8 Written: any communication in writing, including communication by e-mail and digital messaging, provided that the identity of the sender and the authenticity of the communication are sufficiently established. 

Article 2. Applicability of general terms and conditions  

2.1 These general terms and conditions shall apply to all offers made, agreements concluded, services rendered, (digital) products delivered and other actions taken by Hakuna Matata Coaching. Deviations from these general terms and conditions shall only be valid if and insofar as they have been agreed in writing between the parties. These general terms and conditions shall also apply when a follow-up agreement and/or additional work results from an agreement. 

2.2 All clauses in these terms and conditions are made not only for the benefit of Hakuna Matata Coaching, but also for the benefit of all persons working for Hakuna Matata Coaching and all persons or third parties engaged by Hakuna Matata Coaching in the execution of the agreement.  

2.3 The applicability of any general purchasing or other (general) terms and conditions of the client is expressly rejected. No rights can be derived from claims between the parties that deviate from the general terms and conditions. 

2.4 If conditions in these general conditions and in the offer are mutually contradictory, the conditions in the offer take precedence. 

2.5 In the event of any apparent conflict between the CAT Guidelines and these Terms and Conditions, these Terms and Conditions shall be interpreted in the light and meaning of the CAT Guidelines, available at https://catcollectief.nl. 

2.6 The most recent version of the general terms and conditions of Hakuna Matata Coaching shall apply. Hakuna Matata Coaching is entitled to unilaterally amend and supplement these general terms and conditions. The most recent version shall then apply to all agreements including those already concluded. These amendments and/or supplements shall only bind the client after they have been declared applicable in writing with the sending of the terms and conditions. Only a consumer is entitled to dissolve the contract in writing no later than the day prior to the effective date of the amended terms and conditions if he does not agree to the amendments. This does not apply to business clients (acting in the exercise of a profession or business). They are obliged to accept the amendments. 

2.7 If one or more provisions of these general terms and conditions are at any time wholly or partially null and void, declared void or annulled, the other provisions of these general terms and conditions shall remain fully applicable. The parties will consult to agree on a new provision to replace the void or voided provision. The purpose and purport of the original provision will be taken into account as much as possible. 

2.8 If Hakuna Matata Coaching deviates from these general terms and conditions on its own initiative in favour of the client, no rights may ever be derived therefrom by the client.

Article 3. Offers and tenders 

3.1 All quotations and/or offers of Hakuna Matata Coaching shall be without engagement, unless an acceptance period is expressly stated. Hakuna Matata Coaching shall be entitled to renounce the assignment within one week after the client has accepted the offer/quotation in writing, without being obliged to pay any compensation. 

3.2 Offers and/or quotations shall be made in writing by Hakuna Matata Coaching, unless urgent circumstances make this impossible.  

3.3 The client is responsible for the accuracy and completeness of the data provided by him/her or third parties to Hakuna Matata Coaching on which the offer is based. If after the offer and/or the quotation it appears that the data provided are not or no longer correct, Hakuna Matata Coaching shall be entitled to adjust the prices and other conditions concerned. Hakuna Matata Coaching is not obliged to verify the accuracy of the information provided by the client or third parties. 

3.4 The prices stated in the quotation or offer are inclusive of VAT for consumers and exclusive of VAT for business clients and exclusive of costs to be incurred in the context of the agreement, including but not limited to third-party costs, travel, accommodation, shipping and administration costs, unless otherwise indicated.  

3.5 A composite quotation shall not oblige Hakuna Matata Coaching to perform part of the assignment at a corresponding part of the quoted price. 

3.6 All images, sizes, weights, etc. of products provided by Hakuna Matata Coaching as part of the offer, are indications and are only intended to give a general picture of the products offered. Deviations in images, sizes, weights and/or other specifications mentioned in the offer cannot be a reason for compensation or dissolution of the agreement. 

3.7 Hakuna Matata Coaching cannot be held to its offers if the client understands or could reasonably understand that the offer, or any part thereof, contains an obvious mistake, slip of the pen, printing, typesetting or typing error.  

3.8 Offers do not automatically apply to future orders or repeat orders.

Article 4. Conclusion of the agreement 

4.1 The agreement comes into effect after the client has accepted the offer made by Hakuna Matata Coaching in writing or if the client has paid the (down payment) and has taken note of these general terms and conditions. If the acceptance of the client deviates - whether or not on minor points - from the offer of Hakuna Matata Coaching, the agreement shall be concluded if Hakuna Matata Coaching has agreed to such deviation(s) in writing.

4.2 If the client gives Hakuna Matata Coaching an instruction without a prior offer, Hakuna Matata Coaching shall only be bound by this instruction after it has confirmed it to the client in writing. 

4.3 Agreements shall become binding on Hakuna Matata Coaching by written confirmation from Hakuna Matata Coaching or as soon as Hakuna Matata Coaching - without objection from the client - has started execution.

Article 5. Dossier (treatments in accordance with CAT)

5.1 The client is aware of the form(s) of treatment used by Hakuna Matata Coaching and of the treatment plan, bearing in mind that a treatment plan is an estimate.

5.2 Hakuna Matata Coaching is obliged to refer the client to a fellow therapist, coach or doctor if the course is not adequate or cannot be continued due to illness, death or a condition.

5.3 If the trajectory is terminated by the client and this is done against the advice of Hakuna Matata Coaching, it is done at the client's own risk and the client declares that he/she is willing to sign a statement on which the client acknowledges that he/she has terminated the trajectory without the approval of Hakuna Matata Coaching.

5.4 The course may be unilaterally terminated by Hakuna Matata Coaching if Hakuna Matata Coaching cannot reasonably be expected to continue the treatment.

Article 6. Execution of the agreement 

6.1 Hakuna Matata Coaching shall determine the manner in which, the means by which and by which person(s) the agreement will be executed.  

6.2 Hakuna Matata Coaching shall perform services to the best of its knowledge and ability, applying due care and skill. However, Hakuna Matata Coaching has an obligation of effort with regard to services rendered and cannot be held liable from an obligation of result. Hakuna Matata Coaching can therefore not be held liable for disappointing results and/or failure to achieve intended objectives as a result of its services already rendered.  

6.3 Hakuna Matata Coaching shall be free to outsource all or part of the execution of the agreement to third parties. Hakuna Matata Coaching is responsible for the assessment of suitability of these third parties. 

6.4 If, during the execution of the agreement, it appears that for a proper execution of the agreement it is necessary to amend or supplement it, the parties will proceed to amend the agreement in good time and in mutual consultation. 

6.5 If the nature, scope or content of the agreement is changed, whether or not at the request or indication of the client, this may have consequences for the originally agreed amount, term of execution or delivery and/or other conditions. Hakuna Matata Coaching shall inform the client of price changes resulting from a change in the agreement.  

6.6 If the agreement is amended, including a supplement, Hakuna Matata Coaching shall only be entitled to execute it after the client has given his approval. Failure to execute or not immediately execute the amended agreement shall not constitute an attributable failure of Hakuna Matata Coaching and shall not be a ground for the client to terminate or cancel the agreement. 

6.7 Without being in default, Hakuna Matata Coaching may refuse a request to amend the agreement if this could have qualitative and/or quantitative consequences for the work to be performed in that context. 

6.8 Hakuna Matata Coaching reserves the right to mention and/or use the client name, the project and the work carried out as a reference or example for all commercial purposes, without owing any compensation to the client, subject to mandatory provisions regarding personal data of natural persons. 

 

Article 7. Obligations of parties 

7.1 Hakuna Matata Coaching provides:  

- performing the agreement as agreed between the two parties, subject to the provisions of these general terms and conditions; 

- competent and competent, representative staff if applicable; 

- carefully chosen locations and activities during live events and retreats; 

- any tools required in the process. 

7.2 The client shall provide Hakuna Matata Coaching with all information and data, such as name and address details, which Hakuna Matata Coaching, in its opinion, needs for the correct, complete, safe and uninterrupted execution of the agreement, on time, in the desired form and in the desired manner. If the information required for the execution of the agreement is not provided to Hakuna Matata Coaching on time, in the desired form or in the desired manner, Hakuna Matata Coaching shall be entitled to suspend the execution of the agreement and to charge the client for the (additional) costs and hours resulting from the delay. The execution or delivery period shall only commence after the client has made the data available to Hakuna Matata Coaching. Hakuna Matata Coaching shall not be liable for any damage, of whatever nature, resulting from the fact that Hakuna Matata Coaching has relied on incorrect and/or incomplete data provided by the client.  

7.3 The client is obliged to inform Hakuna Matata Coaching without delay of facts and circumstances that may be relevant in connection with the conclusion and further execution of the agreement.  

7.4 The client undertakes to make conditions as favourable as possible for Hakuna Matata Coaching. The client is obliged to do and refrain from doing everything that is reasonably necessary and desirable to enable timely and correct execution of the agreement. 

7.5 The client may place high demands on the advice and services of Hakuna Matata Coaching,

but the client vouches for the accuracy, completeness and reliability of the information and data provided by him/her or on his/her behalf to Hakuna Matata Coaching, even if they originate from third parties. The client remains at all times responsible and liable for the possible consequences of providing incorrect, incomplete and unreliable information and data.  

7.6 The client is at all times responsible for:  

- the use of the coaching, course, retreat or other event and for the purposes for which they were provided; 

- achieving the objectives and results intended by the client; - observing (safety) instructions and precautionary measures. 

7.7 The client himself is responsible for the safe use of the data and any log-in codes provided by Hakuna Matata Coaching and their safekeeping. The client shall never provide or forward any login codes and (coaching) materials obtained to third parties. Hakuna Matata Coaching shall not be liable for lost (digital) files and/or their hacking. If the client provides Hakuna Matata Coaching with information carriers, electronic files and the like, the client guarantees that these are free of viruses and defects. 

7.8 The client himself is responsible for the correct use of the services provided and for respecting the intellectual property rights of Hakuna Matata Coaching and any third parties involved in the performance. 

7.9 It is the client's own responsibility to take out proper insurance and take sufficient (other) precautions when participating in retreats and other live events. 

7.10 The client remains at all times responsible for the application or execution of knowledge or actions as gained during a coaching, course, retreat or other event. These remain the property of Hakuna Matata Coaching at all times. It will also timely indicate until when (coaching) materials are available. It is the client's own responsibility to review the materials in a timely manner. 

7.11 Hakuna Matata Coaching has the right to immediately deny the client access to a coaching, course, retreat or other event if the client disrupts the course or training in any way, for example if directions and/or instructions from Hakuna Matata Coaching are not followed. The client shall in such case not be entitled to a refund of payment.  

7.12 Hakuna Matata Coaching has the right to extend, limit or modify the content of a coaching, course, retreat or event and to change programmes, schedules, times and locations of meetings.

Article 8. Privacy 

8.1 The client's data will be kept confidential and will not be shared with third parties, unless there is consent by the client, a legal obligation or Hakuna Matata Coaching is acting for itself in (legal) proceedings.  

8.2 Hakuna Matata Coaching takes data protection seriously and takes appropriate measures to prevent abuse, loss, unauthorised access, unwanted disclosure and unauthorised modification. 

8.3 Hakuna Matata Coaching may take photographs and visual material of the service on which the client may be visible and may share these on social media or other channels, for example during retreats and other live events, unless the client is recognisably in the picture and the client expressly declares that he does not agree to this. If Hakuna Matata Coaching wishes to record online coaching sessions, Hakuna Matata Coaching will seek written consent from the client. The client has the right to withdraw his/her consent at any time.

Article 9. Prices, payment and collection  

9.1 Payment shall be made on an invoice basis. Invoices shall be paid within a period of 7 days and in any case before the commencement of services, unless expressly agreed otherwise.  

9.2 All prices are subject to printing, typesetting or typing errors. No liability shall be accepted for the consequences of printing, typesetting or typing errors and Hakuna Matata Coaching shall not be obliged to supply the product and/or service according to the incorrect price. This also applies in the case of orders consisting of multiple components or packages. 

9.3 Hakuna Matata Coaching has the right to change its prices in the interim, if Hakuna Matata Coaching deems this necessary. If the prices of offered services or products increase after the conclusion of the agreement, the client shall be entitled to cancel the agreement with Hakuna Matata Coaching as from the date on which the price increase takes effect. Price increases due to a legal regulation or statutory provision is hereby excluded, such as the level of wages and raw material prices or VAT increases. 

9.4 Hakuna Matata Coaching may furthermore increase the agreed amount if, during the execution of the work, it appears that the original or expected amount of work was underestimated to such an extent when the agreement was concluded, and this is not imputable to Hakuna Matata Coaching, that Hakuna Matata Coaching cannot reasonably be expected to carry out the agreed work at the originally agreed amount.  

9.5 Hakuna Matata Coaching reserves at all times the right to require (full) prepayment or any other security from the client upon acceptance of the offer or quotation.  

9.6 Objections to the invoice do not suspend the client's payment obligation, subject to mandatory consumer legislation. 

9.7 Payment shall be made without deduction, set-off or suspension on any account, subject to mandatory consumer law provisions.  

9.8 If payment is not made in time or in full, Hakuna Matata Coaching shall be entitled to suspend the execution of the agreement with immediate effect or to dissolve it by written notice, without prior notice of default being necessary. 

9.9 In case of late or full payment, the client shall be in default by operation of law and Hakuna Matata Coaching shall be entitled to charge the client statutory (commercial or consumer) interest from the due date until the day of payment in full. 

9.10 In the event of late or incomplete payment by the client, Hakuna Matata Coaching shall be entitled, without any prior notice of default being required, to charge the client (extra)judicial collection costs of 15% over the agreed total amount with a minimum of € 150, also insofar as the actual costs exceed the court cost order. The latter applies insofar as mandatory legal provisions do not oppose this.  

9.11 Notwithstanding the provisions of paragraphs 9 and 10, consumers shall not be in default by operation of law. They will first receive a written notice of default giving them a period of 14 days to make payment in full. This period commences from the day the notice of default is received by consumers. 

9.12 In deviation from Article 9.11, the collection costs for consumers in accordance with the graduated scale BIK are as follows: - over the first Euro 2,500 15% with a minimum of €40, maximum €375 - over the next Euro 2,500 10% 

- over the next Euro 5,000.00 5% 

- over the next Euro 190,000.00 1% 

- on the excess above Euro 200,000 0.5% with a maximum of € 6,775 

9.13 Payments made by the client shall first be deducted by Hakuna Matata Coaching from all interest and costs due and then from the due and payable invoices that have been outstanding the longest.  

9.14 In the event of a jointly awarded order, the clients, insofar as the work was performed on behalf of the joint clients, shall be jointly and severally liable for payment of the invoice amount, irrespective of the ascription on the invoice.  

9.15 Rates are inclusive of VAT for consumers and exclusive of VAT for business clients. Rates are always exclusive of other costs such as travel time, travel costs, parking costs, any shipping and administration costs and third-party costs, unless expressly agreed otherwise. 

Article 10. Inability to pay 

10.1 Hakuna Matata Coaching shall be entitled to dissolve the agreement in writing without further notice of default and without judicial intervention at the time when the client: - is declared bankrupt or files for bankruptcy;  

- applies for (provisional) suspension of payments;  

- affected by foreclosure;  

- otherwise loses the power of disposal or legal capacity with regard to all or part of his/her assets.

Article 11. Cancellation of the assignment  

11.1 The agreement concluded between the parties shall terminate upon the death of the owner of Hakuna Matata Coaching or the client or upon the liquidation or dissolution of the company of Hakuna Matata Coaching. 

11.2 If the work to be carried out by Hakuna Matata Coaching is not completed at the end of the agreement, her heirs shall not be obliged to complete such work (or have it completed), even if the business of Hakuna Matata Coaching is

continued in any way.  

11.3 The client must cancel scheduled 1-to-1 coaching sessions (individual treatments) with Hakuna Matata Coaching at least 24 hours before the relevant session. If the client cancels the

relevant session not at least 24 hours in advance, Hakuna Matata Coaching shall be entitled to charge at least the cost of the relevant appointment in case of late cancellation (within 24 hours) or in case of no-show.  

11.4 If the client wishes to cancel the agreement, he shall owe Hakuna Matata Coaching compensation for the costs already incurred as well as compensation for damages to be determined by Hakuna Matata Coaching. This additional compensation shall include all damages incurred by the cancellation including lost profit. Hakuna Matata Coaching shall be entitled to charge the aforementioned compensation, in addition to payment of costs already incurred, as follows (unless expressly agreed otherwise): 

In case of live events / retreats: 

• cancellation up to 90 days before the start of the performance by Hakuna Matata Coaching, the cancellation fee is €300 excluding VAT (cover costs incurred/administration costs); - cancellation within 90 days before the start of the performance by Hakuna Matata Coaching, the cancellation fee is 50% of the agreed total amount; 
• for cancellation within 60 days before the start of the performance by Hakuna Matata Coaching, the cancellation fee is 100% of the agreed total amount. 

Other events (group sessions, courses, etc.) or digital products or services: - no refund is possible as external costs are included in the number of tickets and the related ticket price. Client will receive direct access to digital products or services, such as online courses, upon purchase. The right of withdrawal (only applicable to consumers) therefore expressly excludes Hakuna Matata Coaching.  

11.5 Notwithstanding the provisions of the previous paragraph, in the event of cancellation related to force majeure, including but not limited to extreme weather conditions, epidemics or pandemics, government measures and/or war, only the costs incurred by Hakuna Matata Coaching shall be charged to the client.  

11.6 Hakuna Matata Coaching is not liable for flight delays or cancelled flights by airlines for any reason. If a flight is cancelled, discontinued etc. by the airline concerned, the client must arrange for rebooking and/or re-routing if possible. Any resulting damage must be submitted by the client to his/her travel insurance. Hakuna Matata Coaching shall never be liable for the consequences of cancelled flights or flight delays. If a reatreat or live event cannot take place for the client due to flight delays/cancellations, Hakuna Matata Coaching will only charge the client for the costs incurred.  

11.7 Cancellation after the start of the agreement by Hakuna Matata Coaching is no longer possible. In this case, the cancellation fee shall always be 100%. 

11.8 In all cases, in addition to the cancellation costs, the client must also pay third-party costs. 

11.9 If the client wishes to postpone the execution of the agreement to a later date (if possible in the opinion of Hakuna Matata Coaching), he/she shall be obliged to pay all costs already incurred immediately (such as third party costs), as well as any price difference between the agreed rate and the rate applicable on the new date.  

11.10 The client shall be liable to third parties for the consequences of the cancellation and shall indemnify Hakuna Matata Coaching for resulting claims by such third parties.  

11.11 Hakuna Matata Coaching shall be entitled to set off all amounts already paid by the client against the compensation/cancellation fee due by the client. 

11.12 Hakuna Matata Coaching shall at all times have the right to terminate the agreement, for whatever reason, without being obliged to pay any compensation. Client shall then only be obliged to pay the part already executed, unless expressly agreed otherwise.

Article 12. Suspension and dissolution  

12.1 Hakuna Matata Coaching shall be entitled to suspend the fulfilment of its obligations until all due and payable claims against the client have been paid in full, if (1) the client fails to fulfil or fails to fully fulfil his/her obligations under the agreement or (2) if Hakuna Matata Coaching has become aware of circumstances which give it good reason to fear that the client will not be able to (properly) fulfil his/her obligations, or (3) if the client was requested to provide security for the fulfilment of his/her obligations under the agreement when the agreement was concluded and such security is not provided. 

12.2 Hakuna Matata Coaching is also entitled to dissolve the agreement or have it dissolved in the situations mentioned in the first paragraph of this article, or if other circumstances arise which are of such a nature that

fulfilment of the agreement is impossible or can no longer be required according to standards of reasonableness and fairness.  

12.3 Dissolution shall take place by written notice and without judicial intervention. 

12.4 If the agreement is dissolved, the claims of Hakuna Matata Coaching against the client shall be immediately due and payable.  

12.5 Hakuna Matata Coaching reserves the right to claim damages and shall not be liable for any damages or costs incurred by the client or third parties. 

 

Article 13. Right of withdrawal 

13.1 If there is a distance purchase, the consumer can dissolve the agreement related to the purchase of a product/service during a reflection period of 14 days without giving reasons. Hakuna Matata Coaching may ask the consumer about the reason for withdrawal, but the consumer is not obliged to give any reason(s). The right of withdrawal applies to consumers only. The right of withdrawal does not apply to customised products and/or services. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer. 

13.2 The cooling-off period referred to in the first paragraph starts on the day after the consumer, or a third party designated in advance by the consumer, has received the product or the day on which the agreement to provide a service has been concluded. 

13.3 The consumer is obliged to handle the product and its packaging with care during the reflection period. He/she shall only unpack or use the product to the extent necessary to assess whether he/she wishes to keep the product.  

13.4 If the consumer wishes to exercise his/her right of withdrawal, he/she must notify Hakuna Matata Coaching in an unambiguous manner within 14 days of receiving the product. The consumer must make this known by means of the model form right of withdrawal or by another means of communication such as e-mail. After the consumer has expressed his/her wish to make use of his/her right of withdrawal, the consumer must return the product within 14 days. The consumer must be able to prove that the delivered products were returned on time, e.g. by means of proof of dispatch.  

13.5 The product must be returned in its original condition and packaging, if reasonably possible and in accordance with the instructions given by Hakuna Matata Coaching.  

13.6 Hakuna Matata Coaching will refund to the consumer the purchase amount of the product, including the shipping costs paid, except for the return costs, at the latest within 14 days following the day of notification of the withdrawal by the consumer to Hakuna Matata Coaching. 

13.7 Reimbursement shall be made free of charge and in the same manner in which the payment was made, unless the consumer agrees to another method of reimbursement.

Article 14. Exclusion of right of withdrawal  

14.1 Hakuna Matata Coaching expressly excludes the right of withdrawal for the following products: - products created by Hakuna Matata Coaching in accordance with consumer specifications (custom-made products); 

- products which cannot be returned due to their nature; 

- products that may spoil or age quickly; 

- products whose price is subject to fluctuations in the financial market and the commodity market over which Hakuna Matata Coaching has no influence; 

- hygiene products for which the consumer has broken the seal and/or opened the package.  

14.2 When purchasing digital products, such as an e-book, course or master class that are downloadable, the consumer expressly agrees to delivery within 14 days of purchase and declares that he/she waives his/her right of withdrawal. 

14.3 The right of withdrawal for workshops, webinars and other events, conducted on a specific date or for a specific period, is hereby expressly excluded.

Article 15. Delivery of products and transfer of risk (diaries, planners, etc.) 

15.1 Hakuna Matata Coaching will take the greatest possible care in carrying out orders for products. 

15.2 The place of delivery shall be the address that the client has made known to Hakuna Matata Coaching. 

15.3 If delivery is delayed or if an order cannot or can only be partially carried out, the client will be informed as soon as possible.  

15.4 If the order cannot or can only be partially carried out and there is no question of force majeure as referred to in Article 16 of these general terms and conditions, the client has the right to dissolve the agreement without costs. The client shall not be entitled to any compensation.  

15.5 All delivery periods are indicative and are never to be regarded as deadlines. No rights may be derived from any terms stated. Exceeding a term does not give any right to compensation and is no ground for dissolution of the agreement.  

15.6 In case of dissolution in accordance with the fourth paragraph of this article, Hakuna Matata Coaching will refund the purchase amount and any shipping costs paid by the client as soon as possible, but no later than 14 days after dissolution. 

15.7 If delivery of an ordered product turns out to be impossible, Hakuna Matata Coaching will make every effort to make available a replacement product if desired. 

15.8 The risk of damage and/or loss of products rests with Hakuna Matata Coaching until the moment of delivery to the client or a third party designated in advance and made known to Hakuna Matata Coaching, subject to the provisions of these general terms and conditions. 

15.9 All products delivered by Hakuna Matata Coaching shall remain the property of Hakuna Matata Coaching until such time as the client has fully discharged all his/her payment obligations towards Hakuna Matata Coaching under any agreement to deliver products concluded with Hakuna Matata Coaching, including claims in respect of failure to perform such agreement.  

Article 16. Force majeure 

16.1 Should the execution of the agreement become impossible due to a cause that cannot be attributed to Hakuna Matata Coaching or as a result of which fulfilment of its obligations cannot reasonably be required of Hakuna Matata Coaching, including but not limited to illness of itself or third parties engaged, computer network failures or other technical failures, shortcomings of suppliers of Hakuna Matata Coaching or third parties engaged by Hakuna Matata Coaching, epidemics and pandemics, 

government measures, calamities, bad weather conditions, delays en route and other stagnation in the normal course of its business, Hakuna Matata Coaching shall be entitled to suspend the execution of the agreement.  

16.2 In these terms and conditions, force majeure shall mean: a circumstance which cannot be attributed to the fault of Hakuna Matata Coaching and cannot be attributed to Hakuna Matata Coaching under the law, legal act or generally accepted practice. In addition to this explanation of force majeure under the law and jurisprudence, force majeure shall also include: all external causes, foreseen or unforeseen, which Hakuna Matata Coaching cannot influence, but which prevent Hakuna Matata Coaching from fulfilling its obligations.  

16.3 In the event of force majeure, Hakuna Matata Coaching will make reasonable efforts to provide an alternative solution if required. 

16.4 If the force majeure situation arises at the time that Hakuna Matata Coaching's obligations have been partially fulfilled or it will be able to fulfil them, Hakuna Matata Coaching shall be entitled to invoice the part already fulfilled or to be fulfilled. The client is obliged to pay this invoice as if it were a separate agreement.  

16.5 From the moment that the force majeure situation has lasted for at least 30 days or is of a permanent nature, both parties may (partially) dissolve the agreement by means of a written notification, without judicial intervention, without the parties being entitled to any damages.  

Article 17. Intellectual property rights  

17.1 Hakuna Matata Coaching reserves all rights in relation to products of the mind which it uses or has used in the execution of the agreement with the client, insofar as rights may exist or be established in a legal sense in respect of those products.  

17.2 The client is explicitly prohibited from providing, reproducing, publishing, editing, processing or exploiting the products referred to in the previous paragraph, including but not limited to advice, coaching, trajectories, workshops and/or other intellectual products and related resources such as manuals, e-books and/or workbooks, all this in the broadest sense of the word, whether or not with the involvement of third parties, to third parties other than for the purpose of obtaining an expert opinion on the services of Hakuna Matata Coaching. The agreement concluded between the parties does not include any transfer or obligation to transfer any intellectual property right of Hakuna Matata 

Coaching to the client.  

17.3 The client may never modify, reproduce, disclose or exploit the intellectual property rights licensed by Hakuna Matata Coaching.  

17.4 The client guarantees that the information, data, images and texts provided by him/her in the context of the agreement are free of intellectual property rights of third parties and indemnifies Hakuna Matata Coaching against any claim by third parties based on infringement of an intellectual property right.  

17.5 The content of the Hakuna Matata Coaching website (www.hakunamatatecoaching.nl) including but not limited to: the texts, images, design, publications, trademarks and domain names, are the property of Hakuna Matata Coaching or its licensors and are protected by intellectual property rights, including copyright. Users of the website are expressly prohibited from reproducing, processing, exploiting or otherwise disclosing (part of) the website, information on the website or other material displayed on the website without the prior consent of Hakuna Matata Coaching.  

17.6 After the end of the agreement, neither the client nor Hakuna Matata Coaching shall have any retention obligation towards each other in respect of the information and data used, subject to the statutory retention obligation.  

17.7 If the provisions of this article are breached, the client shall be liable to pay full compensation for all damages suffered by Hakuna Matata Coaching and third parties. 

Article 18. Liability and indemnity  

18.1 If the client proves that he/she has suffered damage due to an attributable shortcoming of Hakuna Matata Coaching, arising from or related to the execution of the agreement, the liability of Hakuna Matata Coaching for direct damage only, shall be limited to a maximum of the amount to which he/she is entitled under the liability insurance taken out by Hakuna Matata Coaching in the case in question, increased by Hakuna Matata Coaching's deductible under that insurance. With regard to the execution of the agreement, Hakuna Matata Coaching has an obligation of effort and not an obligation of result and therefore cannot be held liable for disappointing results and/or failure to achieve intended objectives of the client.  

18.2 If, for whatever reason, no payment is made under the liability insurance referred to in the first paragraph of this article, any liability shall be limited to a maximum of the invoice amount to which the liability relates.  

18.3 Hakuna Matata Coaching shall only be liable for direct damage. Direct damage means exclusively:  

- the reasonable costs incurred to establish the cause and extent of the damage, insofar as the establishment relates to damage within the meaning of these terms and conditions (expert assessment costs); - any reasonable costs incurred to have the defective performance of Hakuna Matata Coaching comply with the agreement, insofar as they can be attributed to Hakuna Matata Coaching (repair costs);  

- reasonable costs incurred to prevent or limit the damage, to the extent that the client demonstrates that these costs have led to a limitation of direct damage as referred to in this article.  

18.4 Hakuna Matata Coaching's liability for indirect damage, including but not limited to consequential damage, missed savings, mutilated or lost data or materials, personal injury or immaterial damage is excluded. 

18.5 Hakuna Matata Coaching shall never be liable for damage of any kind arising from: - the client's failure to comply with the obligations set out in these general terms and conditions;  

- a force majeure situation as referred to in article 16 of these general terms and conditions; - supply of incorrect and/or incomplete data provided by or on behalf of the client; - the absence of information/data and/or products or the loss of information/data and/or products provided by Hakuna Matata Coaching to the client; 

- loss, theft or loss of personal property during the provision of services; - use of the services for purposes other than those intended;  

- failure of the client or third parties to follow advice and/or instructions of Hakuna Matata Coaching or to do so incorrectly. Hakuna Matata Coaching is not liable for actions or decisions taken as a result of the services of Hakuna Matata Coaching. The client is at all times responsible and liable for (the consequences of) his own choices made;

- psychological problems, health complaints and/or physical complaints/injuries as a result of the services provided by Hakuna Matata Coaching. Such complaints must be made known to Hakuna Matata Coaching immediately at all times; 

- if the client has taken insufficient precautions, including but not limited to not or not properly taking out necessary insurance during retreats and other (live) events; 

- cancelled or discontinued flights by airlines, delays en route, etc. - errors or malfunctions in equipment and/or software used; 

- a longer execution/delivery period than originally anticipated, regardless of the cause; 

- necessary intervention by Hakuna Matata Coaching during the performance of the service that is unavoidable for the performance of the service as such; 

- damage to the products, due to careless handling by the client; - damage or breaking of the seal or packaging of an order during shipment by postal and delivery services;  

- provision of incorrect product information by the supplier/manufacturer or other third parties; - violation of intellectual property rights and/or privacy rights, due to third parties having unauthorised access to the information and/or data of Hakuna Matata Coaching and/or the client;  

- infringement of intellectual property rights due to the client infringing third-party intellectual property rights;  

- errors and/or shortcomings of engaged third parties.  

18.6 A claim for compensation by the client must be filed with Hakuna Matata Coaching no later than 14 days after the client has discovered or reasonably could have discovered the damage, Failure to file a claim for compensation on time shall result in the right to compensation lapsing. Notwithstanding the statutory limitation period, a limitation period of one year shall apply.  

18.7 Hakuna Matata Coaching shall never be liable for any form of damage suffered by third parties. The client shall indemnify and hold Hakuna Matata Coaching harmless in respect of all claims by third parties on account of or as a result of the execution of the agreement. 

18.8 Hakuna Matata Coaching shall at all times be entitled, if and to the extent possible, to undo or mitigate the client's loss by providing a new product and/or improving the service. 

18.9 The provisions of this article shall apply except in the case of intent or gross negligence Hakuna Matata Coaching and if mandatory provisions of law dictate otherwise. 

Article 19. Confidentiality 

19.1 When parties become aware of information of the other party which they know or could reasonably know to be of a confidential nature, they shall not in any way disclose such information to third parties. An exception to this shall apply when laws and regulations require disclosure, if this is necessary for the proper execution of the agreement, if Hakuna Matata Coaching has received permission from the client, or if Hakuna Matata Coaching is acting on its own behalf in disciplinary, civil or criminal proceedings, in which these documents may be of interest. 

19.2 The party receiving confidential data shall use it only for the purpose for which it was provided. Data shall in any case be considered confidential if it is designated as such by one of the parties. 

19.3 The data provided by the client to Hakuna Matata Coaching will be kept by Hakuna Matata Coaching carefully and confidentially at all times, in accordance with applicable laws and regulations, including the General Data Protection Regulation (AVG). 

19.4 Hakuna Matata Coaching may use personal data originating from the client only in 

the context of the performance of the agreement and the handling of a complaint. Hakuna Matata Coaching is not allowed to sell, borrow, or otherwise disclose personal data of the client. More information on the processing of personal data can be read in Hakuna Matata Coaching's privacy statement, available at www.hakunamatatacoaching.nl.  

Article 20. Applicable law, complaints and competent court 

20.1 All cases to which these general terms and conditions apply shall be governed exclusively by Dutch law. Hakuna Matata Coaching is obliged to act in accordance with the statutory regulations. The rights and obligations of the parties are laid down, inter alia, in the Medical Treatment Agreement Act (WGBO) and the Care Complaints and Disputes Act (Wkkgz). 

20.2 If the client has a complaint about the services provided by Hakuna Matata Coaching, the client must notify Hakuna Matata Coaching in writing within 30 days of the complaint arising. Complaints can be submitted by e-mail tessa@hakunamatatacoaching.nl. 

 20.3 For any complaints regarding coaching treatments, the client may also turn to the professional organisation (CAT) of Hakuna Matata Coaching. Hakuna Matata Coaching is affiliated to the GAT Disputes Committee. https://www.gatgeschillen.nl/.  

20.4 After acquainting and discussing the complaint with the client, Hakuna Matata Coaching will implement the chosen solution direction to the best of its ability.  

20.5 Each party shall also be entitled to apply to The Dutch court in the district where Hakuna Matata Coaching is established, subject to mandatory provisions and as long as the dispute has not been submitted to a professional organisation of Hakuna Matata Coaching and/or an independent complaints bureau. For consumers, the court in the domicile of the consumer shall also have jurisdiction to settle disputes. 

20.6 The applicability of the Vienna Sales Convention and other applicable International laws and regulations is expressly excluded.