Terms & Conditions - Day One

1. Liability

1.1 Day One undertakes to carry out the assigned tasks to the best of its ability. However, the final outcome depends not only on Day One’s activities but also on factors beyond its control. Therefore, Day One does not guarantee specific results from its services.

1.2 Day One accepts no liability for damages unless covered by its liability insurance and to the extent that the insurer provides compensation. Liability is limited to the amount charged for the service that caused the damage or, in the case of a long-term agreement, the invoice amount for a six-month period.

1.3 If physical activities such as training sessions, races, engagement sessions, clinics, or race guidance are part of the agreement, participants must assess their physical condition before engaging in these activities. Day One is not liable for any injuries or damages resulting from participation in such activities, either to the client or to participants.

1.4 Day One excludes all liability for indirect damages, including consequential damages, lost profits, and damages due to business interruption.

1.5 Day One is not liable for damages resulting from:

– A failure by the client or designated participants to fulfill their obligations, including lack of cooperation in executing the agreement.

– Incorrect, incomplete, or untimely information provided by the client. The client guarantees the accuracy and completeness of essential project information.

– Day One accepts no liability for changes in or non-payment of subsidies. The client acknowledges that Day One only has an advisory role in subsidy applications and cannot be held accountable.

2. Scheduling of training, engagement sessions, clinics, and race day logistics

2.1 Day One will coordinate with the client to establish the dates and times for training sessions, engagement sessions, clinics, and race day logistics.

2.2 Day One ensures the availability of trainers on the scheduled dates and times.

2.3 In case of force majeure — such as the illness of a trainer or unforeseen personal circumstances — Day One will make reasonable efforts to provide a replacement on the planned day. If this is not possible, a new date will be scheduled in consultation with the client. No additional costs will be charged in such cases, and the client is not entitled to compensation for any resulting damages.

3. Cancellation or rescheduling of training, engagement sessions, clinics, and race guidance

3.1 The client can cancel at any time, with a 90 day notice. Only costs already incurred, such as race tickets, travel tickets, or hotel reservation costs that cannot be reimbursed by the service provider, will remain payable.

4. Payment terms

4.1 Invoices must be paid within 14 days of the invoice date. Billing follows the payment schedule outlined in the offer or contract.

4.2 If payment is not made within 14 days, and after two written or telephone reminders, Day One may engage third parties for collection measures.

5. Privacy

5.1 All participant data is handled with strict confidentiality under the General Data Protection Regulation (GDPR). Only the personal coach has access to these details, and they are not disclosed to supervisors or other third parties. Group data is analyzed for effectiveness and quality assurance, but individual data remains anonymous.

6. Intellectual property

6.1 All intellectual property rights, including copyrights, on materials, documents, and software provided by Day One remain with Day One. Clients may not reproduce, distribute, or modify these materials without prior written consent.

7. Right of withdrawal for consumers

7.1 Consumers have the right to withdraw from a contract within 14 days of signing without providing a reason. To exercise this right, the consumer must notify Day One in writing (by mail or email) before the withdrawal period expires.

8. Force majeure

8.1 Day One is not liable for failure to fulfill its obligations due to circumstances beyond its control, including but not limited to natural disasters, war, terrorism, government actions, pandemics, strikes, or transportation disruptions. If force majeure prevents the execution of services, Day One will notify the client as soon as possible and seek a mutually acceptable solution.

9. Modifications to terms

9.1 Day One reserves the right to modify these terms and conditions. Clients will be informed of any significant changes in a timely manner. Continued use of Day One’s services after notification of changes constitutes acceptance of the updated terms.

10. Disputes and governing law

10.1 These terms and conditions are governed by Dutch law. In the event of a dispute arising from this agreement, both parties must first attempt to resolve the matter amicably. If this is not successful, mediation will be pursued. If mediation does not resolve the dispute, it will be submitted to the competent court in Amsterdam.

11. Validity

11.1 These terms and conditions apply to all agreements between Day One and its clients unless explicitly stated otherwise in writing. If any of the clauses in these terms and conditions are null or void, the remainder remains in place.