Train With Thomy — Terms & Conditions
Provider: Thomas Mann
Operating under the name Train With Thomy
Website: https://trainwiththomy.com
Applicable law: Netherlands
Effective date: 1st of January 2026
Article 1 — The Agreement
1.1 These Terms & Conditions govern the coaching services provided by Thomas Mann, operating under the name Train With Thomy, hereafter referred to as “the Coach”, to the client.
1.2 The Coach provides fitness, nutrition, and lifestyle coaching under professional guidance based on a personalized program tailored to the client’s goals, preferences, and relevant assessments.
1.3 Coaching may include, but is not limited to:
training programs
exercise guidance
nutrition recommendations
progress monitoring
lifestyle advice
1.4 Coaching sessions may utilize professional training equipment such as free weights, cable machines, kettlebells, BOSU, speed ladders, medicine balls, and other functional training tools.
1.5 The agreement is strictly personal and may not be transferred to third parties.
Article 2 — Duration of the Agreement
2.1 The agreement begins and ends on the dates specified in the coaching agreement, package, or invoice.
2.2 Coaching packages must be used within the agreed duration unless otherwise agreed in writing.
2.3 Renewal of coaching services occurs only through mutual agreement between the Coach and the client.
Article 3 — Rates and Payment
3.1 Coaching fees must be paid in advance unless otherwise agreed in writing.
3.2 If payment is not made on time, the client will automatically be considered in default.
3.3 In such cases, all outstanding amounts become immediately payable and must be settled within 14 days.
3.4 Statutory interest and collection costs may be charged in accordance with Dutch law.
3.5 Payment of an invoice or purchase of a coaching package constitutes confirmation that the client has read, understood, and accepted these Terms & Conditions.
Article 4 — Refund Policy
4.1 Coaching services and training programs are delivered as professional guidance and digital services. Due to the nature of these services, payments are generally non-refundable once coaching has started.
4.2 If the client decides to terminate the coaching agreement early, the remaining unused portion of the coaching package is not refundable, unless otherwise agreed in writing.
4.3 Refund requests will only be considered in exceptional circumstances at the discretion of the Coach.
4.4 Initiating a payment chargeback without first attempting to resolve the matter directly with the Coach will be considered a breach of this agreement.
Article 5 — Appointment Cancellation
5.1 Training sessions must be cancelled at least 24 hours in advance.
5.2 Sessions cancelled less than 24 hours in advance or missed without notice will be considered completed and are not refundable.
5.3 If the client terminates the agreement early, 25% of the remaining coaching value may be charged as cancellation compensation.
5.4 The Coach reserves the right to terminate the agreement immediately if the client repeatedly fails to attend sessions, fails to make payments, or behaves in a way that disrupts the coaching environment.
Article 6 — Health and Safety
6.1 The client declares that they are physically and mentally capable of participating in physical exercise, unless otherwise disclosed.
6.2 The client agrees to inform the Coach of any relevant medical conditions, injuries, or health concerns before starting coaching.
6.3 The client must report any pain, dizziness, abnormal fatigue, or discomfort during training.
6.4 The client agrees to follow the Coach’s safety instructions and any rules of the training facilities used.
6.5 Training and nutrition guidance provided by the Coach is intended for educational and fitness purposes only and does not constitute medical advice.
6.6 Assumption of Risk
The client acknowledges that participation in physical exercise carries inherent risks, including but not limited to muscle strains, joint injuries, cardiovascular stress, or other physical complications. By participating in coaching services, the client voluntarily accepts these risks and agrees to participate at their own responsibility.
Article 7 — Online Coaching
7.1 Online coaching services may be delivered remotely through digital platforms such as Trainerize, email, or other communication tools.
7.2 Exercises and training programs provided remotely are performed without the Coach being physically present.
7.3 The client is responsible for ensuring that exercises are performed safely, with proper technique, and in an appropriate training environment.
7.4 The client agrees to stop any exercise that causes pain, dizziness, or unusual discomfort and to inform the Coach as soon as possible.
7.5 The Coach cannot be held responsible for injuries resulting from exercises performed without direct supervision unless caused by gross negligence.
Article 8 — Limitation of Liability
8.1 The Coach provides guidance based on professional knowledge and experience but cannot guarantee specific results.
8.2 Participation in training programs is undertaken at the client’s own risk.
8.3 The Coach is not liable for injuries, damages, or health complications resulting from participation in coaching services unless caused by gross negligence.
8.4 The Coach is not responsible for loss, theft, or damage to personal belongings during training sessions.
8.5 Any damages caused by the client to equipment or property may be charged to the client.
Article 9 — Force Majeure
9.1 In the event of circumstances beyond reasonable control (force majeure), such as illness, government restrictions, or facility closures, obligations may be temporarily suspended.
9.2 If performance of the agreement becomes permanently impossible due to force majeure, the Coach may terminate the agreement without liability.
Article 10 — Use of Client Content (Marketing)
10.1 With prior written consent, the Coach may use anonymized client content for marketing purposes.
This may include:
progress photos
performance statistics
testimonials or feedback
10.2 Personal identity will always be protected unless the client gives explicit additional consent.
10.3 Clients may withdraw consent at any time.
Article 11 — Personal Data
11.1 Personal data is processed solely for the purpose of delivering coaching services and managing the client relationship.
11.2 Data may be processed through secure third-party platforms such as:
Trainerize
payment providers
administrative service providers
11.3 All personal data is handled in accordance with applicable data protection laws (GDPR).
11.4 Further information can be found in the Privacy Policy on the website.
Article 12 — Changes to Terms
12.1 The Coach reserves the right to update these Terms & Conditions.
12.2 The version applicable at the time the agreement was entered into remains valid for existing agreements.
Article 13 — Applicable Law
13.1 These Terms & Conditions are governed by Dutch law.
13.2 Any disputes shall be submitted to the competent court in the Netherlands.
Article 14 — Miscellaneous
14.1 These Terms & Conditions are available at
https://trainwiththomy.com
14.2 Clients will receive a copy of the Terms & Conditions together with their coaching agreement or invoice.
14.3 These Terms & Conditions apply to all coaching agreements entered into from January 1, 2026 onward.