Del Ferro Institute

General conditions

ARTICLE 1 DEFINITIONS

Del Ferro: the private limited company Del Ferro Institute B.V.

Participant: the student taking part in the course or his/her legal representative;

Course: a course provided by Del Ferro including any follow-up days

Lecturer: the person who, on behalf of Del Ferro, delivers the course.

ARTICLE 2 APPLICABILITY

These general terms and conditions apply to all offers and contracts offered or entered into by Del Ferro. Variations can only be agreed in writing. Only agreements confirmed in writing by participants with Del Ferro employees will bind Del Ferro. If any provision of these general terms and conditions should come into conflict, in whole or in part, with any provision of mandatory law, the remaining terms and conditions will remain in full force.

ARTICLE 3 AGREEMENT CONDITION

All offers by Del Ferro are non-binding unless expressly agreed otherwise. Agreements are established when Del Ferro has confirmed in writing the participant’s registration for the course. Registration will be in order of application.

ARTICLE 4 DURATION AND TERMINATION OF THE AGREEMENT

The agreement is entered into for the duration of the course and ends by operation of law. Del Ferro can terminate the contract without notice for weighty reasons such as if the participant does not fulfil his effort obligations or has complaints that should not be treated by Del Ferro.

ARTICLE 5 OBLIGATIONS CURSIST

The participant is obliged to inform himself/herself about the course and the Del Ferro method before participating by at least taking note of the general information provided by Del Ferro.

The participant undertakes to actively participate in the course and to comply with the regulations or instructions provided.

ARTICLE 6 PRICES

All prices are per participant and include VAT. Included are the materials required for the course including a workbook and the after-course programme. Costs for accommodation and food are not included.

If and to the extent that the health insurer reimburses all or part of the cost of a course, the participant will be responsible for claiming these costs from the insurer.

ARTICLE 7 PAYMENT

Payment for a course should be made no later than 1 month before the start of the course, after which the participant will receive a receipt. If someone registers within a month before the start of the course, the fee is due within 5 days of registration, but no later than before the start of the course. If payment is not made on time (in full), the participant will be denied access to the course.

ARTICLE 8 CANCELLATION

Cancellation up to 1 month before the start of a course is free of charge. In case of cancellation within one month to one week before the start of a course, the participant will owe 60% of the course fee. In case of cancellation within one week before the start of a course, the participant will owe 100% of the course fee.

In case of insufficient participants in case of a group course, Del Ferro can (partially) cancel the course up to 7 days before the start and, in case of special circumstances, on even shorter notice. Participants will be informed in a timely manner. The course fee already paid will be refunded, unless a new course date is agreed with the participant.

Under no circumstances shall the participant who, for whatever reason, prematurely terminates a course that has already started be entitled to a (partial) refund of the course fee.

If necessary, Del Ferro may replace its teachers, move to different accommodation, deviate from the maximum group size and/or the number of accompanying teachers. Participants will be notified as soon as possible.

For individual breath training sessions, sessions can be rescheduled free of charge up to 24 hours in advance by submitting a rescheduling request by e-mail. Upon receipt of this request, a new date will be set by mutual agreement. If cancelled within 24 hours before the session starts, or if the participant does not show up for the appointment, the full treatment fee will be charged.

ARTICLE 9 LIABILITY

Except in the case of intent or gross negligence, Del Ferro is not liable for any damage including consequential damage that the participant may suffer as a result of any act or omission by Del Ferro or its subordinates or third parties engaged by it. In the event that Del Ferro is prevented from performing a contract due to force majeure or unforeseen circumstances, Del Ferro may, at its option, suspend performance for the duration of the prevention or dissolve the contract, without being liable for any compensation. Force majeure also includes a failure, whether attributable or not, to perform by third parties engaged by Del Ferro.

Any complaints or damages must be reported in writing to Del Ferro as soon as possible but within 8 or 30 days after arising or becoming known, respectively, failing which the complaint will not be considered, or the damages will not be eligible for compensation. In any case, all legal claims based on any damages expire after one year.

ARTICLE 11 INTELLECTUAL PROPERTY

Del Ferro is the exclusive owner of all intellectual property rights, including – but not limited to – copyright and trademark rights, vested in or arising from the Del Ferro method and the works produced by or on behalf of Del Ferro in which this method is embodied, including – but not limited to – the course books.

The copyright and neighbouring rights to image and/or sound recordings of the participant made during the course belong entirely to Del Ferro and these rights are hereby assigned to Del Ferro in advance for no consideration and in full.

The participant is expressly not allowed to pass on the Del Ferro method, either for business or private purposes, nor to exploit it commercially in any way in whole or in part.

ARTICLE 12 CONFIDENTIALITY AND PERSONAL DATA

Participants will maintain absolute confidentiality regarding the Del Ferro method and confidential information they learn about other participants. Participants’ personal data will be kept strictly confidential by Del Ferro and processed in accordance with the Personal Data Protection Act.

ARTICLE 13 FINAL PROVISIONS

These general terms and conditions and agreements concluded between the parties are governed exclusively by Dutch law. The court in Amsterdam shall have exclusive jurisdiction over any disputes.

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