Date Published: 01.01.2015 - Last Modified: 20.03.2024 8:04

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PART A – GENERAL TERMS AND CONDITIONS

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1. Who we are

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These terms apply to the services offered by:

• Meeusen Sport BV, trading as Coach2Peak

• Registered office: Oude Rozebekestraat 42, 8830 Hooglede, Belgium

• Enterprise number (KBO/BCE) and VAT: BE 0784.575.788

• E-mail: info@coach2peak.com – Phone: +32 490 64 82 26

• Website: www.coach2peak.com

In these terms, "Coach2Peak", "we" or "us" refers to the entity above. "The Coach" means Remko Meeusen or any qualified coach working on behalf of Coach2Peak.

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2. Definitions

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• Client: any natural or legal person who orders a service from Coach2Peak.

• Consumer: a Client who is a natural person acting for purposes outside his or her trade, business or profession (art. I.1, 2° Code of Economic Law – WER/CDE).

• Business Client: a Client who is not a Consumer (companies, clubs, teams, associations, event organisers).

• Athlete: the person who actually receives the coaching, test or session (this can differ from the Client, e.g. an employee in a Corporate package, or a minor whose parent is the Client).

• Monthly Package: the Essential, Premium and Professional training guidance formulas.

• Appointment: any service planned on a specific date and time, such as a test, training session, advice consult, intake meeting, keynote or workshop.

• Durable medium: e.g. e-mail or PDF, allowing the Client to store and consult the information.

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3. Scope

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3.1 These terms apply to all offers, quotes, orders and services of Coach2Peak, including: training guidance (Essential, Premium, Professional, Corporate), testing and analysis, training sessions, advice consults, keynotes and events.

3.2 Specific conditions in a written quote or agreement prevail over these general terms where they differ.

3.3 General terms of a Business Client only apply if Coach2Peak has accepted them expressly and in writing.

3.4 Before concluding any agreement, the Client is given access to these terms and is asked to accept them expressly (e.g. by ticking a box or confirming by e-mail).

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4. Our services and prices

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All prices for Consumers are stated including VAT. Prices for Business Clients are stated excluding VAT unless stated otherwise.

Service

What it includes (summary)

Price

Essential training guidance

Intake interview, profiling, goal setting, period plan; individual hand-built schedule (HR/speed/power); plan adjustments; TrainingPeaks; training analysis & feedback; limited face-to-face contact; training and racing advice

€ 79.00 / month + one-off start-up fee € 25

Premium training guidance

Everything in Essential, plus season plan, weekly schedule and weekly adjustments, strength & stability workouts, contact, in-depth analysis, nutritional advice

€ 135.00 / month + one-off start-up fee € 50

Professional training guidance

Everything in Premium, plus daily schedule, year plan, strength & stability programme, unlimited adjustments, daily file analysis, TrainingPeaks & WKO, unlimited contact

€ 299.99 / month, no start-up fee

Corporate training guidance

Tailor-made programme for companies, clubs and groups (kick-off, individual intakes, plans, TrainingPeaks per participant, group consultations, on-site tests)

On quote – from € 70 excl. VAT per person

Lactate test – cycling

Incremental test on ergometer with own bike, lactate, HR, power, cadence; training zones and advice

€ 150

Lactate test – running

Incremental outdoor track test, lactate, HR, speed; training zones and advice

€ 90

Other tests / online power test / analysis

On demand

On quote

Training sessions

Scooter/motor-pace, road, track (track rental not included) and time-trial sessions; individual or group

€ 50 per session/hour; group rates on quote

Advice consult

Consult on training, racing, nutrition, testing (in person, video call or phone)

€ 50 per consult

Keynotes & events

Motivational keynotes, workshops, clinics

On quote

The content and price of each service as shown on the website or in the quote at the time of ordering apply to the agreement.

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5. How the agreement is concluded

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5.1 The Client requests a service via the website, e-mail, phone or in person. The agreement is concluded when Coach2Peak confirms the order in writing (e-mail).

5.2 For Consumers, this confirmation is sent on a durable medium and contains: the service, price and start date.

5.3 For Corporate packages, keynotes and other services on quote, the agreement is concluded when the Client accepts the quote in writing. Quotes are valid for 30 days.

5.4 Coach2Peak may refuse an order for a legitimate reason (e.g. health risk that makes coaching inadvisable, lack of capacity), in which case nothing is charged.

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6. Payment

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6.1 Monthly Packages are paid in advance, per month, per quarter, per half year or per year, as chosen by the Client when ordering, by bank transfer / SEPA direct debit / online payment. The first payment includes the start-up fee, if applicable. Prepaid periods are non-refundable as set out in art. 7.6.

6.2 Appointments (tests, sessions, consults) are paid in advance upon booking / on the day / by invoice.

6.3 Invoices are payable within 14 days of the invoice date, unless otherwise agreed.

6.4 Late payment – Consumers. If a Consumer does not pay on time, Coach2Peak first sends a free reminder with a new payment term of at least 14 calendar days. Only after that term has expired without payment can Coach2Peak charge late-payment interest and a fixed compensation within the limits of Book XIX of the Code of Economic Law (for amounts up to € 150: max. € 20; between € 150.01 and € 500: max. € 30 + 10% on the amount above € 150; above € 500: max. € 65 + 5% on the amount above € 500, capped at € 2,000; interest at most the legal interest rate + 8 percentage points).

6.5 Late payment – Business Clients. Late payment automatically and without notice entitles Coach2Peak to interest and compensation in accordance with the Act of 2 August 2002 on combating late payment in commercial transactions.

6.6 In case of non-payment after a reminder, Coach2Peak may suspend the services until payment is received, after informing the Client in writing.

6.7 Price changes. Coach2Peak may change the prices of the Monthly Packages with at least 30 days' written notice. The Client may then terminate the agreement free of charge before the new price takes effect. Price changes never apply to periods already paid.

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7. Duration and termination of Monthly Packages

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7.1 The Essential, Premium and Professional packages start with a minimum term of 6 months. After that, they continue for an indefinite period, invoiced per month (or per prepaid period, art. 7.6). If the Client stops during the minimum term, the fees for the rest of the minimum term remain due, subject to the same exceptions as in art. 7.6 (right of withdrawal, injury pause).

7.2 The Client can terminate at any time after this period, without giving a reason and without compensation, by e-mail to info@coach2peak.com (or by the same channel used to subscribe). The termination takes effect at the end of the current paid month or period. Coach2Peak confirms the termination by e-mail.

7.3 Changing packages. The Client may upgrade at any time (effective immediately, price difference charged pro rata) or downgrade with effect from the next month. No new start-up fee is charged when changing packages.

7.4 Pause in case of injury or illness. In case of injury, illness or pregnancy that prevents training for at least 3 consecutive weeks, the Client may request to suspend the package for a maximum of 3 months, on presentation of a medical certificate. During the pause, no monthly fee is due and the minimum term is extended by the length of the pause.

7.5 Termination by Coach2Peak. Coach2Peak may terminate a Monthly Package with one month's written notice. Coach2Peak may terminate immediately in case of serious breach by the Client (e.g. non-payment after reminder, aggressive or inappropriate behaviour, sharing of the training material in breach of art. 14). Any amount paid in advance for a period not yet delivered is refunded, except damages owed by the Client.

7.6 Prepaid periods (quarterly, half-yearly, yearly) – no refund. Instead of paying monthly, the Client may pay a Monthly Package in advance for a quarter (3 months), half a year (6 months) or a year (12 months) at the rate stated on the website or in the offer. By choosing a prepaid period, the Client commits to that period as a fixed term. If the Client stops the coaching before the end of that period, the amount paid is not refunded, neither in full nor pro rata; the coaching remains available to the Client until the end date of the paid period. The same applies to a month already started under monthly payment.

This does not affect:

• the statutory 14-day right of withdrawal for Consumers (art. 8);

• a pause for injury or illness (art. 7.4): the prepaid period is then extended by the length of the pause instead of refunded.

At the end of a prepaid period, the package continues month by month (terminable at any time under art. 7.2), unless the Client chooses a new prepaid period. Coach2Peak sends the Client a reminder by e-mail at least 30 days before a prepaid period ends.

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8. Right of withdrawal for Consumers

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8.1 When a Consumer concludes an agreement at a distance (website, e-mail, phone, messaging) or outside our business premises, he or she has the right to withdraw from the agreement within 14 calendar days without giving any reason (art. VI.47 and VI.67 WER). The withdrawal period expires 14 days after the day the agreement is concluded.

8.2 To exercise this right, the Consumer informs Coach2Peak by an unequivocal statement e-mail to info@coach2peak.com or letter to the address in art. 1. The model withdrawal form in Annex 1 may be used but is not mandatory. If the agreement is concluded via an online checkout on the website, the Consumer can also use the withdrawal function provided there.

8.3 Coach2Peak refunds all payments received without undue delay and at the latest within 14 days of receiving the withdrawal, using the same means of payment.

8.4 Start within the withdrawal period. If the Consumer expressly asks that the coaching starts within the withdrawal period, and then withdraws, the Consumer pays an amount proportionate to what has already been provided until the moment of withdrawal, compared to the full scope of the agreement (art. VI.51 WER). For example: if the intake has been carried out and one week of schedule delivered, the start-up fee and the corresponding part of the monthly fee are due.

8.5 No right of withdrawal applies:

• to services fully performed during the withdrawal period, if performance started with the Consumer's express prior consent and acknowledgement that the right of withdrawal is lost once the service has been fully performed (art. VI.53, 1° WER);

• to services related to leisure activities for which the agreement provides a specific date or period of performance, such as a test, training session or consult booked on a fixed date (art. VI.53 WER). For these Appointments, the cancellation policy in Part B applies instead.

8.6 Business Clients have no legal right of withdrawal.

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9. Obligations of the Client and Athlete

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9.1 The Client/Athlete provides complete and correct information at intake and during the coaching, in particular about health, injuries, medication, illness, pregnancy, sleep, stress and workload, and reports changes promptly.

9.2 The Athlete logs training data (e.g. in TrainingPeaks) and gives feedback as agreed, so the Coach can adjust the plan. The quality of the guidance depends on this input.

9.3 The Athlete trains within his or her own limits, uses appropriate and safe equipment, respects traffic rules and safety rules of tracks and venues, and wears a helmet during cycling sessions.

9.4 The Athlete decides personally whether to carry out a training session and stops immediately in case of pain, dizziness, chest pain, shortness of breath or other unusual symptoms, and consults a doctor.

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10. Health, sports medical screening and nature of the service

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10.1 Coach2Peak provides sports training guidance. The Coach holds a Master's degree in Kinesiology & Sport Science but is not a physician. Our services are not a medical examination, diagnosis or treatment and do not replace the advice of a doctor, physiotherapist or dietitian.

10.2 Before starting a training programme or performing a maximal or incremental test, we strongly recommend a sports medical examination (with ECG), in particular for Athletes over 35, beginners, or anyone with cardiovascular risk factors, a medical condition or a history of cardiac symptoms. Coach2Peak may require a medical clearance before a maximal test or before starting a package if the health questionnaire indicates a risk.

10.3 The Athlete completes a health questionnaire at intake. Coach2Peak may refuse or postpone a test or session if it is not safe to proceed.

10.4 Nutritional advice given within the packages is general sports nutrition advice for healthy athletes and is not a dietary treatment of a medical condition.

10.5 Lactate tests involve taking a small capillary blood sample (finger or earlobe). The Athlete informs Coach2Peak of any blood-borne infection, bleeding disorder or use of anticoagulants.

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11. Minors

Athletes under 18 can only use our services with the written consent of a parent or legal guardian, who concludes the agreement as Client, completes the health questionnaire on behalf of the minor and is responsible for payment. For Appointments, a parent or guardian is reachable throughout the session.

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12. Communication

12.1 Coach2Peak communicates via TrainingPeaks, e-mail, phone, messaging apps and (video) meetings.

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13. Obligation of means – no guarantee of results

Coach2Peak undertakes to provide its services with care and expertise according to the current state of sports science (obligation of means). Sports performance depends on many factors outside our control (health, effort, recovery, adherence, external circumstances). Coach2Peak therefore does not guarantee specific results such as a particular power output, time, ranking or selection.

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14. Intellectual property

Training plans, workouts, test reports, analyses, presentations and other materials remain the intellectual property of Coach2Peak. The Client receives a personal, non-transferable right to use them for his or her own training. Sharing, publishing, selling or reusing them for others (e.g. coaching third parties) is not permitted without written consent. Keynote presentations may not be recorded or distributed without prior written consent.

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15. Third-party platforms

15.1 The coaching uses third-party software such as TrainingPeaks, WKO and video-call tools. Use of these tools is also subject to the terms and privacy policies of their providers.

15.2 Coach2Peak is not responsible for outages, data loss or changes caused by these providers, but will make reasonable efforts to continue the coaching through alternative means.

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16. Liability

16.1 Coach2Peak is liable for damage caused by its own fault in the performance of the agreement.

16.2 Coach2Peak is not liable for damage resulting from: incorrect or incomplete information provided by the Client/Athlete; training carried out against the plan or advice, or without supervision; the condition of the Athlete's own equipment (e.g. own bike on the ergometer); traffic and road conditions; acts of third parties; or failures of third-party platforms.

16.3 Athletes are advised to have personal accident insurance and, for cycling, adequate civil liability coverage (e.g. through a cycling federation licence).

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17. Personal data and health data

17.1 Coach2Peak processes personal data as controller in accordance with the General Data Protection Regulation (GDPR) and the Belgian Data Protection Act. Details are set out in our Privacy Policy.

17.2 We process identification and contact data, training and performance data, test results and health information to provide the coaching, to invoice and to comply with legal obligations.

17.3 Health data (e.g. health questionnaire, injuries, lactate results) are processed only with the Athlete's explicit consent (art. 9.2(a) GDPR), which may be withdrawn at any time. Withdrawal may mean that certain services can no longer be provided safely.

17.4 Data are kept for the duration of the coaching and 2 years afterwards, except accounting documents which are kept for the legally required period.

17.5 The Athlete has the right of access, rectification, erasure, restriction, objection and data portability, by e-mail to info@coach2peak.com, and may lodge a complaint with the Belgian Data Protection Authority (www.gegevensbeschermingsautoriteit.be).

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18. Photos, testimonials and results

Coach2Peak only publishes photos, videos, names, testimonials or results of Athletes with their prior consent (and that of a parent for minors). Consent can be withdrawn at any time for future publications.

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19. Force majeure

Neither party is liable for failing to perform due to force majeure, i.e. circumstances beyond its control that make performance impossible (e.g. serious illness or accident of the Coach, natural disasters, government measures, closure of a track or venue). In that case Coach2Peak will propose a new date or refund the amounts paid for services not provided.

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20. Complaints and disputes

20.1 Complaints can be sent to info@coach2peak.com. We reply within 14 days and aim to find a fair solution.

20.2 Consumers may also contact the Consumer Mediation Service (Consumentenombudsdienst / Service de Médiation pour le Consommateur), North Gate, Koning Albert II-laan 8 bus 1, 1000 Brussels – www.consumentenombudsdienst.be.

20.3 These terms and all agreements are governed by Belgian law.

20.4 Disputes with Business Clients fall under the exclusive jurisdiction of the courts of the judicial district of the registered office of Coach2Peak (West Flanders). For Consumers, the court competent under the mandatory legal provisions applies; a Consumer may always bring proceedings before the court of his or her own domicile.

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21. Final provisions

21.1 If any provision is invalid, the other provisions remain fully effective. The invalid provision is replaced by a valid one that comes as close as possible to its intended purpose.

21.2 Coach2Peak may amend these terms. Amendments are communicated to existing Clients at least 30 days in advance and only apply to future periods. A Client who does not agree may terminate the Monthly Package free of charge before the amendment takes effect.

21.3 These terms are available in English and Dutch. In case of differences, the English version prevails.

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PART B – CANCELLATION POLICY

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B1. How to cancel

Cancellations and changes are made in writing by e-mail to info@coach2peak.com (or by the same channel used to book). The time at which we receive the message determines which rule applies. We confirm every cancellation in writing.

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B2. Right of withdrawal (Consumers)

The statutory 14-day right of withdrawal for distance and off-premises contracts applies as described in art. 8 of Part A. The rules below apply after that period, or where the right of withdrawal does not apply (Appointments on a fixed date).

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B3. Monthly Packages – Essential, Premium, Professional

• After the minimum term of 6 months, cancel at any time; effective at the end of the current paid month or period (for quarterly, half-yearly or yearly payment).

• No cancellation fee. The period already started is not refunded, except when Coach2Peak terminates without fault of the Client (pro rata refund).

• The start-up fee covers the intake, profiling and initial plan and is not refunded once the intake has taken place (subject to the right of withdrawal, art. 8.4).

• Pause possible in case of injury/illness (art. 7.4).

Prepaid periods (quarterly, half-yearly, yearly): no refund on early cancellation – the coaching stays available until the end of the paid period. Exceptions: the 14-day withdrawal right, termination by Coach2Peak or the Coach being unable to coach (pro rata refund), and an injury pause (period extended). See art. 7.6.

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B4. Individual Appointments – tests, training sessions, advice consults

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When the Client cancels or reschedules

What is charged

48 hours or more before the start

Free – reschedule or full refund

Between 48 and 24 hours before the start

50% of the price (or one free reschedule, once per booking)

Less than 24 hours before the start, or no-show

100% of the price

Arriving late

The session ends at the planned time; full price is due

Additional rules:

• Illness or injury: if the Athlete cannot attend because of acute illness or injury, supported by a medical certificate, the Appointment is rescheduled free of charge.

• Health on the day: if, on arrival, the Athlete is not fit to perform a test safely (fever, illness, recent injury), the Coach may postpone it free of charge.

• Weather (outdoor sessions and running tests): if conditions are unsafe or make reliable testing impossible, the Coach can postpone the Appointment free of charge; the Client then chooses a new date or a full refund.

• Third-party costs: costs already incurred with third parties (e.g. track rental, which is not included in the session price) are charged if the Client cancels less than 7 days before the session.

• Group sessions: the rules apply per participant. Coach2Peak may cancel a group session if fewer than 2 participants are registered, with a full refund.

If Coach2Peak cancels an Appointment (other than for force majeure or the safety reasons above), the Client chooses between a new date or a full refund. If Coach2Peak cancels less than 48 hours before the start, the Client also receives compensation equal to the same percentage the Client would have owed in the same situation (50% or 100% of the price), in the form of a refund or a free session of equal value, at the Client's choice.

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B5. Corporate packages, keynotes, workshops and events (Business Clients)

Unless the quote states otherwise:

When the Business Client cancels

Cancellation fee (% of the agreed price)

More than 60 days before the (first) date

Free (except non-refundable costs already incurred)

30 to 60 days before

25%

15 to 29 days before

50%

14 days or less before

100%

• Travel, accommodation, venue, track rental and other costs already incurred with third parties are always charged.

• One reschedule free of charge if requested more than 30 days in advance and the new date falls within 6 months.

• A reduction in the number of participants of a Corporate package of more than 10% is accepted free of charge up to 30 days before the start; after that, the originally agreed number is invoiced.

• If Coach2Peak cancels for reasons other than force majeure, amounts paid are refunded in full and Coach2Peak will, where possible, propose a qualified replacement speaker or coach.

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B6. Refunds

Refunds are made within 14 days, using the same means of payment, unless agreed otherwise.

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ANNEX 1 – MODEL WITHDRAWAL FORM

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(Only complete and return this form if you want to withdraw from the agreement)

To: Meeusen Sport BV, trading as Coach2Peak, Oude Rozebekestraat 42, 8830 Hooglede, Belgium – info@coach2peak.com

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I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract for the provision of the following service (*):

• Service: ……………………………

• Ordered on (*) / received on (*): ……………………………

• Name of consumer(s): ……………………………

• Address of consumer(s): ……………………………

• Signature of consumer(s) (only if this form is notified on paper): ……………………………

• Date: ……………………………

(*) Delete as appropriate.