Train With Thomy

Article 1. The Agreement

1.1 The agreement stipulates that Thomas Mann (trainwiththomy) Personal Training (the personal trainer) will provide personal training under professional guidance to the client for the duration of the agreement, based on a personalized training schedule. Using data from various tests and the agreed objectives, a plan of action is then developed for the client. The training schedules are fully tailored to your personal preferences and capabilities.

1.2 The agreement is strictly personal and cannot be transferred to third parties.

1.3 The training sessions, depending on the training schedule, are conducted using professional training equipment such as free weights, cable machines, BOSU, Speed Ladders, Kettlebells, Medicine Balls, and Powerbags. The training emphasizes functional, everyday exercises, and movement patterns.

Article 2. Duration of the Agreement / Cancellation / Termination

2.1 The agreement begins and ends on the dates specified on this personal training agreement and is subsequently renewed per package by mutual agreement.

2.2 The number of training hours as per the personal training schedule must be completed within the agreed-upon duration unless otherwise mutually agreed.

Article 3. Rates and Payment

3.1 The total amount of the agreement/invoice must be paid in full before the first training session of the month unless otherwise agreed upon in writing.

3.2 If payment is not made on time, the client is in default without further notice of default. From the date the client is in default, all amounts due for the agreed duration of the agreement become payable and must be paid within 14 days. After this period, statutory interest will be charged from the date of default.

3.3 If the client is in default or otherwise fails to fulfill one or more obligations under the agreement, all collection and related (extrajudicial) costs incurred by Thomas Mann (trainwiththomy) Personal Training will be borne by the client according to the BIK (extrajudicial collection costs) scale.

Article 4. Cancellation / Termination of the Agreement

4.1 Training appointments must be canceled at least 24 hours in advance. If canceled less than 24 hours in advance, the client forfeits the right to reschedule without being entitled to a refund of the fee.

4.2 In the event of cancellation of the personal training agreement by the client, the client must pay 25% of the amount(s) owed under the agreement for the remaining training sessions and/or services.

4.3 Thomas Mann (trainwiththomy) Personal Training reserves the right to refuse bookings or terminate the agreement with the client immediately if the client repeatedly fails to show up as agreed, consistently fails to pay on time, or otherwise breaches their obligations under the agreement, without being liable for any form of compensation and without requiring a notice of default. In such cases, no (partial) refund of the amount paid will occur.

4.4 Everyone is expected to adhere to the norms and values accepted in the Netherlands. Thomas Mann (trainwiththomy) Personal Training reserves the right to interpret these norms and values at its discretion. Serious misconduct by the client may lead to permanent denial of access to the training facilities and filing a police report. Thomas Mann (trainwiththomy) Personal Training reserves the right to terminate the agreement with the client immediately in such cases.

Article 5. Client’s Condition / Suspension / Regulations

5.1 The client guarantees and declares that, except for any disclosed issues, they are in good physical and mental health and are not aware of any medical or other reason that would prevent them from engaging in active or passive training, nor that such training would harm their health, safety, well-being, or physical condition.

5.2 In the case of a serious injury or if the client requires surgery, it is possible to suspend or terminate the agreement for the duration of recovery, provided this is notified in time. Note that this only applies to severe injuries, such as fractures or muscle tears, that prevent any physical activity. Conditions like colds or fatigue do not warrant suspension or termination.

5.3 The client is obligated to report any pain, discomfort, or abnormal fatigue before, during, or after training, as well as changes in their physical condition during the agreement’s term.

5.4 The client must follow instructions and safety regulations provided by Thomas Mann (trainwiththomy) Personal Training, as well as the house rules of the training facilities.

Article 6. Force Majeure and Limitation of Liability

6.1 If Thomas Mann (trainwiththomy) Personal Training is temporarily unable to fulfill obligations due to force majeure, obligations may be suspended for the duration of the force majeure without the client being entitled to compensation.

6.2 If obligations become permanently impossible due to force majeure, Thomas Mann (trainwiththomy) Personal Training may terminate the agreement without liability for damages or penalties.

6.3 The client understands that physical activity may lead to potential injuries or complications not caused by negligence on the part of Thomas Mann (trainwiththomy) Personal Training. Thomas Mann (trainwiththomy) Personal Training is not liable for such injuries, and the client indemnifies Thomas Mann (trainwiththomy) Personal Training in such cases.

6.4 Thomas Mann (trainwiththomy) Personal Training is only obligated to provide its best effort and cannot be held liable for failure to achieve desired results.

6.5 Thomas Mann (trainwiththomy) Personal Training is not liable for loss, damage, theft, or misplacement of personal belongings of the client. Damages caused by the client to the property of Thomas Mann (trainwiththomy) Personal Training will be charged to the responsible party.

Article 7. Use of Client Data and Media for Marketing Purposes

7.1 With the client’s prior written consent, Thomas Mann (trainwiththomy) Personal Training may use anonymized content for marketing purposes. This includes, but is not limited to:

• Progress photos (e.g. before/after pictures)
• Workout and performance statistics (e.g. strength improvements, body composition data)
• Quotes or testimonials from check-ins or feedback forms

7.2 Such content may be shared via social media, websites, and promotional materials. All materials will be used in a way that protects the client’s identity—no last names, identifiable facial features, or personal information will be shared without explicit and separate permission.

7.3 Written consent will always be obtained before publication. Clients may decline or revoke their consent at any time without any impact on the coaching or services provided.

Article 8. Changes to Terms & Conditions

8.1 Thomas Mann (trainwiththomy) Personal Training reserves the right to amend these Terms & Conditions and the content of its website. For existing agreements, the version of the Terms & Conditions that was in effect at the time the agreement was made shall remain applicable.

8.2 Minor changes may be implemented at any time without prior notice.

8.3 Significant or material changes will be communicated to the client in advance wherever reasonably possible.

Article 9. Personal Data

9.1 Client personal data is stored in the client system of Thomas Mann (trainwiththomy) Personal Training (i.e. https://www.mypthub.net/)  for the purpose of processing and managing the agreement.

9.2 Thomas Mann (trainwiththomy) Personal Training will never share personal data with third parties and will take all reasonable measures to prevent unauthorized access to client information.

9.3 All personal data is handled in accordance with applicable data protection laws and regulations. For more information, please refer to the Privacy Policy.

Article 10. Applicable Law and Competent Court

10.1 This agreement is governed by Dutch law, and disputes are subject to the jurisdiction of the court in the location of Thomas Mann (trainwiththomy) Personal Training.

Article 11. Miscellaneous

11.1 The Terms & Conditions are available at https://trainwiththomy.com/.
11.2 These Terms & Conditions are effective as of June 3, 2025, and apply to all agreements entered into from that date onward.

11.3 Clients will receive a copy of the Terms & Conditions along with the quotation or agreement.