This agreement applies as between you, the User of this Website and The Palmtree Lifestyle, Agnes Ricatto of Amsterdam, the Netherlands, the operator of www.thepalmtreelifestyle.com (this “Website”). Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.

 

1. Intellectual Property
1.1. All Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of The Palmtree Lifestyle, our affiliates or other
relevant third parties. By continuing to use the Website you acknowledge that such material is protected by applicable Dutch and International intellectual property and other relevant laws.
1.2. You may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given express written permission to do so by The Palmtree Lifestyle.

2. Links to Other Websites
This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of The Palmtree Lifestyle or that of our affiliates. We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.

 

3. Privacy
3.1. For the purposes of applicable data protection legislation, The Palmtree Lifestyle will process any personal data you have provided to us in accordance with our Privacy Policy available on the The Palmtree Lifestyle website or on request from The Palmtree Lifestyle.
3.2. You agree that, if you have provided The Palmtree Lifestyle with personal data relating to a third party
3.2.1. you have in place all necessary appropriate consents and notices to enable lawful transfer such personal data to The Palmtree Lifestyle and
3.2.2. that you have brought to the attention of any such third party the Privacy Policy available on the The Palmtree Lifestyle’s website or otherwise provided a copy of it to the third party.
3.3. You agree to indemnify The Palmtree Lifestyle in relation to all and any liabilities, penalties, fines, awards or costs arising from your non-compliance with these requirements.

4. Disclaimers
4.1. The Palmtree Lifestyle makes no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems,
that it will be secure, and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Website.
4.2. No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.

5. Availability of the Website
5.1. The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law Terms we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility, and satisfactory quality.
5.2. The Palmtree Lifestyle accepts no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts
of war or legal restrictions and censorship.

 

6. Spam Policy
You are strictly prohibited from using the Website or any of our Services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.

7. Acceptable Use
7.1. You agree not to use the Website or Services for any unlawful purpose, or any purpose prohibited under this clause. You agree not to use the Website or Services in any way that could damage the Website, Services, or general business of The Palmtree Lifestyle.
7.2. You further agree not to use the Website or Services:
7.2.1. to harass, abuse, or threaten others or otherwise violate any person's legal rights.
7.2.2. to violate any of our intellectual property rights or any third party.
7.2.3. upload or otherwise disseminate any computer viruses or other software that may damage the property of another.
7.2.4. to perpetrate any fraud.
7.2.5. to publish or distribute any obscene or defamatory material.
7.2.6. to publish or distribute any material that incites violence, hate, or discrimination towards any group.
7.2.7. to unlawfully gather information about others.

8. Assumption of Risk
8.1. The Website and Services are provided for communication purposes only. You acknowledge and agree that any information posted on our website is not intended to be general advice, medical advice, or advice of any kind, and no fiduciary relationship has been created
between you and us.
8.2. You further agree that your purchase of any of the services on the Website is at your own risk.
8.3. We do not assume responsibility or liability for any information given on the Website.

9. Limitation of Liability
9.1. To the maximum extent permitted by law, The Palmtree Lifestyle accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. Users should be aware that they use the Website and its Content at their own risk.
9.2. Nothing in these terms and conditions excludes or restricts The Palmtree Lifestyle’s liability for death or personal injury resulting from any negligence or fraud on the part of The Palmtree Lifestyle.
9.3. Every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Dutch Civil Code and the Unfair Contract Terms Directive (93/13/EEC). However, in the event that any of these terms are found to be unlawful, invalid
or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.

10. No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

 

11. Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

12. Notices
All notices shall be given to us by email to agnes.the.palmtree.lifestyle@gmail.com. Such notice will be deemed received, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.

13. Law and Jurisdiction
These terms and conditions and the relationship between you and The Palmtree Lifestyle shall be governed by and construed in accordance with the Law of the Netherlands and The Palmtree Lifestyle and you agree to submit to the exclusive jurisdiction of the Courts of Amsterdam.

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Terms of Service

These Terms of Service (the “Terms”) constitute a legal agreement between you and The Palmtree Lifestyle, Agnes Ricatto of Amsterdam, the Netherlands (hereinafter “The Palmtree Lifestyle”, “we”, “our”) and you the member (“you” or “member”) governing the use of the
services the “Services”).

1. General Conditions
1.1. We reserve the right to refuse service to anyone for any reason at any time.
1.2. Prices for our Services are subject to change without notice.
1.3. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
1.4. We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service.
1.5. We reserve the right, but are not obligated, to limit the sales of our Services to any person. We may exercise this right on a case-by-case basis.
1.6. We do not warrant that the quality of any products, services, information purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

2. Reservations / Charges
2.1. In order to make a reservation, a member must first own a package or single session. To buy a package or single session(s), a member can either contact via the registration form, per email, phone or in person. An invoice will be send out by The Palmtree Lifestyle, which
needs to be paid in a matter of 2 weeks to the bank account provided on the invoice. Reservations can be agree with the trainer/coach via email, WhatsApp, social media or phone.
2.2. Packages and single sessions have an expiration date of 3 months, starting from the day the invoice has been created. They are subject to change at any point in time.
2.3. If a member fails to pay fees or charges due, services or privileges may be suspended and/or terminated. The member shall be liable for any external fees, including attorney fees and collection costs that The Palmtree Lifestyle may incur in its efforts to collect any unpaid
balances.

2.4. When a package or single session is purchased, the buyer is entitled to use that class to book a coaching/training session spot at a particular time agreed with The Palmtree Lifestyle. A member shall not redeem a session(s) for cash, and a session(s) cannot be transferred to another person, unless a written permission is given by The Palmtree Lifestyle.
2.5. Session(s) do expire. Expiration dates are 3 months. Future session/package prices are subject to change, however, The Palmtree Lifestyle will honor a member’s session(s)/package until the expiration date, regardless of whether there is a price increase in
the interim.
2.6. All introductory offers, promotions and discount codes are for one-time use only per individual, unless explicitly indicated to the contrary.
2.7. The Palmtree Lifestyle reserves the right to charge full price in the event of an introductory offer, promotion or discount code on a duplicate basis to purchase a session(s)/package(s). Should The Palmtree Lifestyle charge a member full price, the member’s rights to then
cancel such session/package and/or to receive a refund shall continue to apply in accordance with our standard cancellation and refund terms. The Palmtree Lifestyle reserves the right in its discretion to immediately cancel all accounts linked to the buyer in such circumstance.
2.8. All introductory offers, promotions, discounted credits or memberships have an indication of their validity as stated per above. It is a member’s individual responsibility to be aware of any changes in price or expiration of sessions/packages after the introductory offers,
promotions, discounted credits or memberships end.
2.9. Special discount codes communicated on social media by partners (or influencers) are valid for 3 months.

3. Required Equipment
Member safety and physical wellbeing is of primary importance to The Palmtree Lifestyle. If material is used during classes, The Palmtree Lifestyle will provide such. In case of malpractice of the material during a session The Palmtree Lifestyle withholds the right to charge the member to replace the material.

4. Right to Cancel
A member may cancel their sessions packages 1 month in advance of the next cycle. To cancel, a
member has to mail, e-mail or deliver a signed and dated notice which states that the member is
canceling the package. Such note shall be sent to agnes.the.palmtree.lifestyle@gmail.com.

5. Additional Rights to Cancel
5.1. A member, or an official representative may also cancel the purchase of sessions/packages for any of the reasons listed in the article 5.2. To do so, a written notice, either via e-mail or registered mail has to be sent to agnes.the.palmtree.lifestyle@gmail.com.
5.2. A member may cancel sessions/packages in any of the following circumstances:
5.2.1. If a member becomes disabled and, as a result, cannot physically participate in sessions purchased, and such condition is verified by a certified medical practitioner. The Palmtree Lifestyle will then refund the purchase price of the unused sessions/packages.
5.2.2. If a member dies, The Palmtree Lifestyle will refund a representative the purchase price of the unused sessions/packages.
5.2.3. If The Palmtree Lifestyle stops offering sessions/packages, a member may cancel their purchase and receive refund.
5.3. In addition to the member rights of cancellation and refund, if a member wishes to cancel their session, they may do so up until 24 hours before the start of the applicable session. A new appointment will be scheduled for a future date.
5.4. A member can cancel a reserved spot in the following ways:
5.4.1. via call (please check the website for the official phone number, or WhatsApp.
5.4.2. via mail

5.5. For clients running late: the session will start at the agreed time and finish 60 minutes after (if not agreed otherwise)
5.6. For clients leaving early: If a member is planning on leaving early The Palmtree Lifestyle kindly requests that the member informs the trainer/coach ahead of time.
5.7. For clients coming to The Palmtree Lifestyle for the first time: for safety reasons, an introduction to the session is mandatory and is given 5 minutes prior to the session. First Timers must be present at the session no less than 10 minutes before the beginning of the
session. Failing to join the introduction will result in no entry to the session

6. Waiver and Release
6.1. By signing up for and/or attending session(s), events, activities, and other programs and using the premises, facilities and equipment (individually and/or collectively, the “Sessions and Facilities") of The Palmtree Lifestyle and its subsidiaries, the client hereby
acknowledges, on behalf of themselves, their heirs, personal representatives and/or assigns, that there are certain inherent risks and dangers in HIIT workouts, strength, flow, bootcamp style training classes and exercise equipment in association with the Sessions and Facilities. The member acknowledges that some of these risks cannot be eliminated regardless of the care taken to avoid injuries. The member also acknowledges that the specific risks vary from one activity to another, but range from (1) minor injuries such as scratches, bruises, and sprains; (2) major injuries such as eye injury or loss of sight, joint or back injuries, heart attacks, and concussions; and (3) catastrophic injuries including paralysis and death. The same applies for mental/nutritional coaching sessions.
6.2. At all times, the member shall comply with all stated and customary terms, posted safety signs, rules, and verbal instructions given by staff of The Palmtree Lifestyle.
6.3. If in the subjective opinion of the The Palmtree Lifestyle staff, the member would be at physical/mental risk participating in The Palmtree Lifestyle sessions, the member understands and agrees that they may be denied access to the Sessions and Facilities until delivering The Palmtree Lifestyle an opinion letter from a certified medical practitioner, at the sole cost and expense of the member, specifically addressing The Palmtree Lifestyle concerns and stating that The Palmtree Lifestyle concerns are unfounded.
6.4. In consideration of being allowed to participate in and access the Sessions and Facilities, the member hereby (1) agrees to assume full responsibility for any and all injuries or damage which are sustained or aggravated by the member in relation to the Sessions and Facilities,
(2) release, indemnify, and hold harmless The Palmtree Lifestyle, its direct and indirect parent, subsidiary affiliate entities, and each of their respective officers, directors, members, employees, representatives and agents, and each of their respective successors and assigns
and all others, from any and all responsibility, claims, actions, suits, procedures, costs, expenses, damages, and liabilities to the fullest extent allowed by law arising out of or in any way related to participation in the Sessions or use of the Facilities, and (3) represent that the
member (a) have no medical or physical condition that would prevent them from properly using any of The Palmtree Lifestyle’ Sessions and Facilities, (b) do not have a physical or mental condition that would put the member in any physical or medical danger, and (c) have
not been instructed by a physician to not participate in physical exercise. The member acknowledges that by having chronic disabilities or conditions, they are at risk by using The Palmtree Lifestyle Sessions and Facilities, and should not be participating in any Sessions.
6.5. By signing up for and/or attending session(s), events, activities, and other programs and using the premises, facilities and equipment (individually and/or collectively, the “Sessions and Facilities") of The Palmtree Lifestyle and its subsidiaries, the client hereby
acknowledges, on behalf of themselves, their heirs, personal representatives and/or assigns, that The Palmtree Lifestyle does not promise any type of results. However The Palmtree Lifestyle will act in the best interest of the client to achieve the established goals.

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7. Valuables and Personal Property
Clients acknowledge that they have been urged to avoid bringing valuables into and unto the Sessions and that The Palmtree Lifestyle shall not be liable for the loss of, theft, or damage to personal property, including items left behind. Clients acknowledge that no portion of any fees paid by them is in consideration for the safeguarding of valuables.

 

8. Etiquette
The Palmtree Lifestyle reserves the right to deny access to any person The Palmtree Lifestyle deems to be acting in an inappropriate or unsafe manner.

9. Re-Scheduling, Lateness and No Show
9.1. We will attempt to accommodate requests to reschedule the date of booking, but cannot guarantee that such requests will be honored, and acceptance of such request is at our sole discretion. Any out-of-pocket costs associated with rescheduling shall be your responsibility.
9.2. If a booking is to be rescheduled a) due to a Force Majeure Event; or b) our unavailability; then we agree to reschedule a booking at the earliest possible mutually convenient date and time.
9.3. Notwithstanding the foregoing, we have sole discretion to determine whether to reschedule a booking or to refund you.
9.4. If a rescheduling request is received less than 48 hours prior to a booking, or if you fail to show up within 15 minutes of the commencement of a booking, we will charge at its sole discretion a cancellation fee of at least 50% and up to the value of the booking.

10. Chargebacks
You agree to contact The Palmtree Lifestyle prior to raising a request for a chargeback or any dispute with your bank or card issuer in relation to any Transaction. If you make a card payment through The Palmtree Lifestyle, and later dispute a legitimate charge by raising a chargeback
without merit or legitimate reason (as determined at our sole discretion), whether fraudulently or otherwise, then we reserve the right to blacklist you by providing compelling evidence to refute your invalid chargeback request and or pursue legal action as the case may be.

11. Accuracy of Billing Information
You agree to provide current, complete and accurate purchase information for all bookings made with us. You agree to promptly update your information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

12. Errors, Inaccuracies and Omissions
12.1. Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to Service descriptions, pricing, promotions, offers and availability. We reserve the right to correct any errors,
inaccuracies or omissions, and to change or update information or cancel bookings if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your booking).
12.2. We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law.

13. Disclaimer of Warranties; Limitation of Liability
13.1. We do not guarantee, represent or warrant that your use of our Services will be uninterrupted, timely, secure or error-free.13.2. We do not warrant that the results that may be obtained from the use of the Services will be accurate or reliable.
13.3. You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Services at any time, without notice to you.
13.4. You expressly agree that your use of, or inability to use the Service is at your sole risk. The service and all and Services delivered to you is provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
13.5. In no case shall The Palmtree Lifestyle, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of
any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort, strict liability or otherwise, arising from your use of any of the service procured using the service, or for any
other claim related in any way to your use of the service, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any product, or otherwise made available via the service, even if
advised of their possibility.
13.6. Nothing in these terms and conditions excludes or restricts The Palmtree Lifestyle’s liability for death or personal injury resulting from any negligence or fraud on the part of The Palmtree Lifestyle.

14. Termination
14.1. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
14.2. These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services.
14.3. If in our sole judgement you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date oftermination; and/or accordingly may deny you access to our Services (or any part thereof).

15. Severability
15.1. In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these
Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.

16. Entire Agreement
16.1. The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
16.2. These Terms and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements,
communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of these Terms).

17. Governing Laws

These terms and the relationship between you and us shall be governed by the laws of the Netherlands and Wales and the courts of Amsterdam shall have non-exclusive jurisdiction over any dispute.