General Terms and Conditions

Definitions

Smarter Athlete: the coaching business established in Sint-Oedenrode, the Netherlands, Chamber of Commerce no. 50531336, VAT no. NL003103703B30.
Client: the person or organization with whom Smarter Athlete enters into a coaching agreement.
Parties: Smarter Athlete and the client together.
Consumer: a client who is an individual acting for private, non-business purposes.
Services: the coaching, testing, and related services offered by Smarter Athlete, including but not limited to endurance coaching packages, performance testing (such as INSCYD metabolic profiling), training plan design, and race-day guidance.

Applicability

These terms and conditions apply to all quotations, offers, agreements, and services provided by or on behalf of Smarter Athlete.
Parties can only deviate from these terms if explicitly agreed in writing.
Smarter Athlete expressly excludes the applicability of any general terms and conditions of the client or third parties.

Services offered

Smarter Athlete provides 1-on-1 endurance coaching for runners, cyclists, swimmers, and triathletes. Services are delivered through monthly or seasonal coaching packages, one-off performance testing, and race-specific advisory services, as described on smarterathlete.nl.

Prices

All prices shown by Smarter Athlete are in euros and are inclusive of VAT, unless stated otherwise.
Smarter Athlete may adjust prices for its services shown on its website at any time. Price changes do not affect a coaching package already paid for during its agreed minimum term.
Smarter Athlete may adjust prices annually and will inform the client of any increase before it takes effect.
If a client does not agree with a price increase, they have the right to terminate the agreement with due observance of the applicable notice period below.

Payments and payment term

Coaching packages are billed monthly in advance, unless otherwise agreed.
The client must pay the invoiced amount within 7 days of the invoice date.
If payment is not received within the agreed term, the client is in default without further notice being required.
Smarter Athlete may suspend coaching services if payment is not received within a reasonable period after the due date.

Consequences of late payment

If the client does not pay within the agreed term, Smarter Athlete is entitled to charge statutory interest from the day the client is in default.
A defaulting client owes reasonable extrajudicial collection costs in addition to the outstanding amount.
In the event of bankruptcy, suspension of payment, or attachment on the client's part, all amounts owed to Smarter Athlete become immediately due and payable.

Delivery of services

Coaching services are delivered digitally, primarily through TrainingPeaks and direct communication (such as WhatsApp, video calls, or email), as described in the chosen coaching package.
Delivery of the initial training plan takes place within a reasonable period after intake and, where applicable, after completion of initial performance testing.
Ongoing coaching (plan updates, feedback, check-ins) is delivered in line with the frequency described for the client's coaching package.
Any timeline communicated by Smarter Athlete is indicative. Smarter Athlete is not liable for minor delays in delivery of coaching materials, provided it makes reasonable efforts to deliver within a reasonable period.

Duration and termination of the agreement

Coaching agreements run for the minimum term stated in the chosen package (for example, 3, 6, or 12 months), after which they automatically continue on a monthly basis unless terminated.
After the minimum term, either party may terminate the agreement with 1 month's written notice.
Smarter Athlete may terminate the agreement with immediate effect if the client seriously fails to meet their obligations, including non-payment.
Termination does not release the client from the obligation to pay for services already delivered.

Right of withdrawal (consumers only)

A consumer who purchases a coaching package online has the right to cancel the agreement within 14 days of entering into it, without giving a reason, in accordance with Dutch consumer law.
This right of withdrawal lapses once the consumer has explicitly requested that Smarter Athlete start delivering the service within the 14-day period and has acknowledged that they lose their right of withdrawal once the service is fully delivered.
If the consumer withdraws after coaching has already started with their explicit consent, they owe an amount proportional to the part of the service already delivered up to the moment of withdrawal.
To exercise the right of withdrawal, the consumer can notify Smarter Athlete via .

Cancellation and refunds outside the withdrawal period

Outside the 14-day withdrawal period, cancellation of a coaching package is subject to the notice period described under "Duration and termination of the agreement."
Amounts already paid for services delivered are non-refundable.
No refund is given for missed check-ins, calls, or sessions caused by the client, though Smarter Athlete will make reasonable efforts to reschedule where possible.

Performance of the agreement

Smarter Athlete performs its services to the best of its knowledge and ability, in line with good coaching practice. Coaching services are a best-effort obligation, not an obligation of result. Smarter Athlete does not guarantee specific performance outcomes, race results, or injury-free training.
Smarter Athlete may have parts of the agreed services performed by third parties (for example, testing partners).
The client is responsible for providing accurate and timely information relevant to their training (health status, training history, availability, race calendar) so that Smarter Athlete can deliver appropriate coaching.

Client responsibilities and health

The client confirms they are medically fit to undertake endurance training, or has consulted a physician where relevant, before starting or continuing a coaching program.
The client is responsible for informing Smarter Athlete promptly of any injury, illness, or change in health status that may affect training.
Smarter Athlete is not liable for injury or health issues arising from training, except in cases of intent or gross negligence on its part.

Intellectual property

Smarter Athlete retains all intellectual property rights on training plans, methodology, documents, and materials it provides to the client, unless otherwise agreed in writing.
The client may use these materials for personal training purposes only and may not copy, share, resell, or publish them without Smarter Athlete's prior written permission.

Confidentiality

Both parties keep confidential any information shared in the context of the coaching relationship that is reasonably understood to be private or sensitive, including personal health and performance data.
This obligation continues for the duration of the agreement and for 3 years after it ends.

Liability

Smarter Athlete is only liable for damage suffered by the client if and insofar as it results from intent or gross negligence on the part of Smarter Athlete.
Smarter Athlete is never liable for indirect damage, including consequential loss or lost income.
If liable, Smarter Athlete's liability is limited to the amount paid by the client for services in the 3 months preceding the event giving rise to the claim, or to the amount paid out by Smarter Athlete's liability insurance, if applicable.

Complaints

The client must report any complaint about the services as soon as possible, and in any case within 1 month of discovering the issue, by emailing .
Smarter Athlete will respond to complaints within a reasonable period and make reasonable efforts to resolve them.

Force majeure

Smarter Athlete is not liable for failure to perform its obligations if this is due to circumstances beyond its reasonable control, including illness, internet or system outages, or government measures.
If a force majeure situation lasts longer than 30 days, either party may terminate the agreement in writing.

Changes to these terms

Smarter Athlete may amend these terms and conditions. Minor changes may be made at any time. Material changes will be communicated to clients in advance.
Consumers have the right to terminate the agreement in the event of a material change to these terms.

Applicable law and disputes

Dutch law applies exclusively to all agreements between Smarter Athlete and its clients.
Disputes will be submitted to the competent Dutch court in the district where Smarter Athlete is established, unless the law prescribes otherwise.

Drawn up on 11 August 2026.