The Butterfly Phase 2024

(Translated from Dutch – original prevails in case of discrepancies)

1.1 All offers and quotations made by The Butterfly Phase, in any form whatsoever, are non-binding unless a term for acceptance is explicitly stated. An agreement is only concluded upon written confirmation by The Butterfly Phase or upon actual performance by The Butterfly Phase.

1.2 All indications in offers, quotations or agreements and their appendices, as well as the characteristics of any samples provided, are for indicative purposes only. Minor deviations shall therefore not be at the expense or risk of The Butterfly Phase.

1.3 Obvious clerical errors or mistakes in offers, quotations and agreements of The Butterfly Phase release it from its obligation to perform and/or from any obligation to pay compensation arising therefrom, even after the agreement has been concluded.

1.4 The Butterfly Phase undertakes to perform its services in accordance with accepted quotations, agreements and professional standards.

2.1 The Butterfly Phase accepts the assignment and thereby assumes full responsibility for the proper execution of the agreed activities.

2.2 The Butterfly Phase performs its work independently. Where necessary for the execution of the assignment, coordination with the Client shall take place, particularly in cases of collaboration with others.

2.3 The Client shall provide The Butterfly Phase with all authority and information necessary for the proper execution of the assignment.

2.4 The Butterfly Phase shall perform the agreed work entirely independently, without supervision or direction from the Client. The Client may give instructions regarding the intended objective of the assignment, insofar as these do not affect the manner of execution.

2.5 Each agreement constitutes an obligation of best efforts, whereby The Butterfly Phase shall perform its obligations to the best of its ability, with due care, professionalism, integrity and respect for ethical standards applicable to the profession.

2.6 The Butterfly Phase has the right, if deemed useful or necessary, to have certain activities performed by third parties or to be assisted by third parties, in consultation with the Client.

2.7 The Client shall ensure that all data indicated by The Butterfly Phase as necessary for the execution of the agreement is provided in a timely, complete and accurate manner. If such data is not provided in time, The Butterfly Phase has the right to suspend the execution of the agreement and/or charge additional costs resulting from the delay at its usual rates.

2.8 If a term has been agreed for the completion of certain activities, this shall not be considered a strict deadline unless expressly agreed otherwise. Exceeding such term does not constitute a breach. The Client may set a new reasonable deadline; exceeding that deadline may constitute grounds for termination.

2.9 If The Butterfly Phase performs work in cooperation with a third party, the parties shall determine each party’s responsibilities in consultation. The Butterfly Phase shall not be jointly and severally liable for the work of third parties.

3.1 The duration of the agreement shall be determined in the quotation, assignment confirmation or written agreement between the parties.

4.1 If The Butterfly Phase foresees that it cannot perform its obligations properly or in time, it shall inform the Client immediately.

4.2 The Butterfly Phase is entitled to be replaced or assisted by another person, provided that the recipient of the service (hereinafter: “Recipient”) and the Client give prior consent due to confidentiality considerations. The Client and Recipient have the right to refuse the substitute.

4.3 The Butterfly Phase remains responsible for the quality of the work during substitution or assistance.

5.1 The Butterfly Phase may terminate the agreement with immediate effect, without judicial intervention, if the Client fails to pay an invoice within 14 days after written notice.

5.2 The Butterfly Phase may terminate the agreement with immediate effect if any obligation is not fulfilled within 14 days after written notice.

5.3 Either party may terminate the agreement immediately in case of suspension of payments or bankruptcy of the other party.

6.1 Fees for services shall be specified in the applicable quotation, offer, booking confirmation, price list or written agreement.

6.2 All fees exclude taxes, travel expenses and other costs incurred on behalf of the Client, including third-party costs.

6.3 The Butterfly Phase may request full prepayment or an advance and may suspend work until payment is made.

6.4 Fees may be adjusted in consultation due to price index changes or government measures.

6.5 Costs of Client-provided tools required for execution shall be borne by the Client.

7.1 The Butterfly Phase shall issue invoices in accordance with legal requirements.

7.2 Payment must be made prior to the first session or within 14 days of invoice date, without deduction or suspension.

7.3 After 14 days, the Client is in default and statutory interest is due.

8.1 Cancellations and requests to reschedule must be submitted in writing.

8.2 Individual sessions may be rescheduled free of charge up to 48 hours before the scheduled start time.

8.3 For cancellations or rescheduling requests made within 48 hours of the scheduled start time, the full fee remains payable.

8.4 In exceptional circumstances, such as serious illness, accident or bereavement, The Butterfly Phase may, at its sole discretion, offer an alternative arrangement.

8.5 Different cancellation and rescheduling conditions may apply to specific services, workshops, retreats, courses or events. Where applicable, these conditions shall be stated in the relevant quotation, booking confirmation or agreement.

9.1 Collection costs are borne by the Client and amount to at least 15% of the outstanding invoice.

10.1 The Butterfly Phase is only liable for damage resulting from serious attributable failure.

10.2 Liability is limited to insurance payout plus deductible.

10.3 If no insurance applies, liability is limited to the fee, with a maximum of €2,500.

10.4 No liability for indirect damages.

10.5 No liability for third parties engaged.

10.6 No liability for incorrect data provided by Client.

10.7 Participation in yoga sessions, workshops, coaching sessions and other activities is at the participant’s own risk. Participants remain responsible for informing The Butterfly Phase of any physical or psychological conditions that may affect participation.

10.8 The Client indemnifies The Butterfly Phase against third-party claims.

10.9 Claims expire after one year.

11.1 The Butterfly Phase shall keep all confidential information secret unless legally required otherwise.

11.2 All sessions and communications are strictly confidential and will not be shared without explicit consent.

11.3 The Butterfly Phase may use anonymised experiences, case examples, insights or testimonials for educational, professional or promotional purposes, provided that such information cannot reasonably be traced back to an identifiable individual.

11.4 Any publication of identifiable client information, photographs or testimonials shall only take place with the Client’s explicit consent.

12.1 All materials provided remain the intellectual property of The Butterfly Phase.

12.2 Use without written permission is prohibited.

12.3 Knowledge may be reused provided it cannot be traced to individuals.

13.1 The Butterfly Phase strives to operate in accordance with recognised professional and ethical standards within the fields of coaching, psychology and yoga.

14.1 Dutch law applies.

14.2 Disputes shall first be resolved amicably or through mediation.

14.3 If unresolved, the competent court in the location of The Butterfly Phase has exclusive jurisdiction.

15.1 Other general terms do not apply unless accepted in writing.

15.2 Invalid provisions do not affect the remainder.

15.3 Amendments must be in writing.

16.1 The Butterfly Phase processes personal data in accordance with applicable privacy legislation and its published Privacy Statement.

16.2 The most recent version of the Privacy Statement is available through the website of The Butterfly Phase.

Drawn up in Breda, dated 02/05/2024, by The Butterfly Phase (last updated June 2026)