Terms & conditions

By choosing to work with me, you acknowledge that you have read and agree to the terms outlined below.

Article 1. Awkwakura
Awkwakura is a sole proprietorship founded by Anouke Jansen, located at Krijn Taconiskade 113, 1087 HW Amsterdam. Awkwakura is registered with the Dutch Chamber of Commerce under number 90832981. The services of Awkwakura focus primarily on relaxation, personal development & transformation programs, and training of individuals.
By choosing to work with me, you acknowledge that you have read and agree to the terms outlined below.

Article 2. Applicability

The general terms and conditions apply to all verbal and written communication from Awkwakura, all agreements entered into with Awkwakura, and all services performed by Awkwakura, including preparatory and implementing actions related thereto.
Any deviations from these general terms and conditions are only valid if explicitly agreed upon in writing by both Awkwakura and the client.
If any provision of these general terms and conditions is found to be invalid or void, the remaining provisions will continue to apply. Awkwakura and the client will consult each other immediately after such invalidation to agree on a new provision to replace the voided provision, keeping the intent of the invalidated provision and these general terms and conditions in mind.

Article 3. Quotes and Agreement

All quotes from Awkwakura are non-binding and valid for 30 calendar days from the date of the offer, unless otherwise stated in the offer.
The prices stated in Awkwakura’s quotes are exclusive of VAT and other government-imposed charges unless explicitly stated otherwise in the offer.
Awkwakura’s offers are non-transferable and may not be shared with third parties.
Quotes do not automatically apply to future or additional assignments.
A combined price offer does not obligate Awkwakura to perform part of the agreement for a corresponding portion of the quoted price.
The agreement is established when the client fully accepts Awkwakura’s offer within the specified timeframe. Awkwakura is only bound to the agreement after confirming the assignment in writing (including via email) or upon commencing the work.
If the client’s acceptance deviates from Awkwakura's offer, the agreement will not be concluded based on the deviating acceptance, unless Awkwakura agrees to it.
Any modifications to the original agreement between the client and Awkwakura are only valid once both parties have jointly agreed to the changes.

Article 4. Execution of the Agreement

Awkwakura will execute the agreement to the best of its ability and aim for a satisfactory outcome for the client. This constitutes a best-effort obligation.
The duration and outcome of a personal development program depend on various factors, including the number of sessions recommended by Awkwakura and the effort and development of the individual being treated. Therefore, it is not always possible to estimate the number of sessions in advance.
If, during the execution of the agreement, it becomes apparent that it is necessary to modify or supplement the work to ensure proper execution, both parties will promptly and mutually agree on such changes. Awkwakura will charge the client for this additional work.

Article 5. Intellectual Property

All materials, methodologies, and content provided by Awkwakura during sessions or training are the intellectual property of Awkwakura. Clients are not permitted to reproduce, distribute, or use these materials outside the scope of their personal use, without the prior written consent of Awkwakura.

Article 6. Prices, Invoicing, and Payment

The price owed by the client to Awkwakura is determined in the agreement or order confirmation.
Price changes are reserved.
For individual personal development programs, the costs will be invoiced per session.
If a session is canceled by the individual being treated within 24 hours before the scheduled time, the client is fully liable for the cost of the session.
If a session is canceled between 7 days and 24 hours before the scheduled time, the client is liable for 50% of the session cost. The remaining 50% can be applied toward scheduling a future session.
If you are unable to attend or are ill, you may arrange for someone else to attend the session in your place.
Payments for ongoing programs or sessions are non-refundable, unless otherwise explicitly agreed upon in writing. Awkwakura is not obligated to provide refunds for unused sessions if the client chooses to terminate the agreement early.
Payment of an invoice from Awkwakura must be made within 14 calendar days of the invoice date unless otherwise agreed in writing between the parties.
If the client does not pay the amount owed within the specified timeframe, the client will be in default after a written notice of default with a reasonable period of 8 calendar days. In that case, the client will also owe statutory (commercial) interest and legal collection costs on the outstanding amount. Awkwakura will also be entitled to suspend its services until all outstanding amounts have been paid.
Objections to the amount of an invoice never suspend the payment obligation. The client is not entitled to offset any claims against Awkwakura.
Awkwakura’s claim for full payment of the amount owed by the client becomes immediately due and payable in the event of the client’s bankruptcy, request for suspension of payments, petition for guardianship, attachment of property, if guardianship over part of the client’s assets is imposed, or if the client is dissolved or liquidated.

Article 7. Termination of Agreement

Awkwakura is entitled to suspend its obligations or terminate the agreement if:
1. The client, after a notice of default, fails to meet their obligations under the agreement or these terms;
2. The client is declared bankrupt, applies for a suspension of payments, petitions for guardianship, has property attached, has guardianship over their assets imposed, loses control over their assets, or if the client is liquidated or dissolved;
3. Awkwakura has reason to fear that the client will not properly fulfill their obligations;
4. Circumstances arise, including force majeure, making the performance of the agreement impossible or unreasonable to expect. In such case, both parties may agree to reschedule the affected sessions, or Awkwakura may offer the client an alternative solution, such as online sessions.
Despite suspension or termination, the client remains obligated to pay the amounts due to Awkwakura. If the agreement is terminated, all amounts owed under the entire agreement become immediately payable to Awkwakura.

Article 8. Complaints and Liability

Both Awkwakura and the client agree to maintain confidentiality regarding any personal information shared during sessions, unless required by law to disclose such information.
Complaints must be reported by the client to Awkwakura as soon as possible but no later than 14 calendar days. Awkwakura values resolving issues in mutual consultation.
Awkwakura’s liability is always limited to the invoice value of the assignment or the portion of the agreement to which the liability relates.
The client voluntarily participates in Awkwakura's services at their own risk and is fully responsible for any actions or decisions made during or after sessions. Awkwakura is not liable for any injuries or damages arising before, during, or after participation, including those resulting from undisclosed medical conditions such as physical or mental illnesses, injuries, or medication use.
Except in cases of intent or gross negligence, Awkwakura is never liable for indirect damages, such as consequential, business, or other indirect losses.
Awkwakura is not responsible for damage, theft, or loss of personal belongings in or around the practice.
The client is responsible for providing accurate information during the intake process to ensure a safe and responsible session.
The client is responsible for informing Awkwakura of any changes in their medical condition, mental health, medication usage, or other relevant factors throughout the duration of their engagement with Awkwakura's services.
Awkwakura will never claim to cure certain diseases or conditions and will never advise clients to stop or alter medications or treatments prescribed by a physician.
If you are under medical treatment or use medications, consult your physician to determine whether Awkwakura's services are appropriate during your treatment.

Article 9. Privacy Statement
Awkwakura has a Privacy Statement available here. This Privacy Statement applies to all agreements made with Awkwakura and these general terms.

Article 10. Applicable Law and Competent Court

All agreements made with Awkwakura, these general terms, and any disputes arising therefrom are governed by Dutch law.
Before initiating legal proceedings, both parties agree to first attempt to resolve any dispute through mediation or arbitration. If mediation does not lead to a resolution, only then will the dispute be submitted to the competent court.

Version 1; July 2023.