Terms and conditions

1. Definitions

In these general terms and conditions the following terms are understood to mean:

Academy: the Academie Energetische Geneeskunde (Academy for Energy Medicine), registered with the Chamber of Commerce under number 57035970.

Teacher: a partner approved by and affiliated with the Academy, for as long as this partner offers courses via the Academy’s website, https://energymedicine.eu.

Customer: a purchaser of a product, service or other offering of the Academy

Student: a registered customer who takes part in a course, workshop or other educational offering

Affiliate partner: a participant in the Academy’s affiliate programme

Relation: collective name for customers, students, teachers and affiliate partners and all other relations of the Academy and its teachers. This term is used most often. The other terms are only used when the provision relates exclusively to one of the types of Relations (that is, exclusively to a Customer, a Student, a Teacher or an Affiliate partner). When a provision applies to all Relations, the term Relation is used. The term Relation is not used to refer to the Academy.

Agreement: every oral, digital and written agreement between the parties mentioned in these general terms and conditions, as well as agreements that have come about through use of the website, services of and communication with the Academy.

Parties: Academy, Teacher, Customer, Student and Affiliate partner, with Relations being used to refer to all of these parties together, except the Academy.

1. Applicability
   • These terms apply to and form part of all current and future offers, agreements and other acts aimed at any legal effect in which the Academie Energetische Geneeskunde (registered in the trade register of the Chamber of Commerce under number 57035970) or (one of) its owner(s) or teachers, hereinafter referred to as “the Academy”, is involved, as well as to all consequences thereof.
   • Deviations from these general terms and conditions are only valid insofar as these deviations have been expressly agreed between the parties in writing. The Relation cannot derive any rights from such an expressly and in writing agreed deviation for future agreements.
   • Other general terms and conditions, including those of the Relation, however they are stated or referred to, do not apply to the legal relationship between the Academy, the Relations and any third parties and are rejected in advance.

1. General
   • When a Customer books a course via the Academie Energetische Geneeskunde or makes a purchase, when a Teacher joins the Academy, or when someone registers as an Affiliate partner, but also when a Relation interacts with the website https://energymedicine.eu or communicates with or uses services of the Academy or its teachers, or when a Relation enters into a written, digital or oral agreement with the Academy or its teachers, the Relation automatically agrees to the current general terms and conditions.
   • These terms are clearly displayed on the website https://energymedicine.eu
   • Affiliated teachers may use their own general terms and conditions. These can be found on their websites. In that case these current general terms and conditions do not apply to that offering, but the general terms and conditions of the teacher do. In all cases teachers are responsible and liable for everything related to their offering.
   • On the websites and in the general terms and conditions of the affiliated teachers, reference is made to these current general terms and conditions for the educational offering that is offered via the Academy, if the teacher uses these current general terms and conditions for this offering.
   • When making a purchase or entering into a written or digital agreement, the general terms and conditions are presented to the Relation.
   • When entering into an oral agreement, the Relation is verbally referred to the general terms and conditions, after which a written confirmation follows in which the general terms and conditions are presented to the Relation.
   • All emails from the Academy refer to the General Terms and Conditions.
   • These general terms and conditions can be requested from the Chamber of Commerce.

1. Responsibilities of the Academy and teachers
   • The Academy is a partnership between various independent Teachers. The Academy is a focal point for cooperation, exchange and a shared vision. All Teachers subscribe to the vision and mission of the Academy and want to offer training that fits this vision. The Academy assesses training courses before they are offered via the Academy, to see whether they fit within the vision / mission and whether they are of sufficient level.
   • The affiliated Teachers are themselves fully responsible for their offering and the agreements they enter into with their Customers, Students and other Relations. Even if the training is sold via the Academy, the agreement is concluded between the Relation and the teacher concerned.

1. Acceptance of assignments
   • All offers from Teachers and the Academy are non-binding and revocable, even if a period for which the offer applies is stated in them. In the case of oral provision of information, an offer is only deemed to have been made once it has been confirmed in writing by the Academy or Teacher.
   • An affiliated Teacher cannot make an offer in the name of the Academy and the Academy cannot make an offer in the name of an affiliated Teacher unless express written permission has been given by both.
   • An agreement between the Academy and a Relation comes about through written acceptance of the price agreement by the Relation or an oral confirmation. If the Relation makes changes to it, the agreement only comes about after the Academy has agreed to those changes in writing.
   • An agreement between a Teacher and a Relation comes about through written acceptance of the price agreement by the Relation or an oral confirmation. If the Relation makes changes to it, the agreement only comes about after the Teacher has agreed to those changes in writing.
   • An agreement can concern both a short-term training activity (read: one day or one part of a day) and a long-term training activity (read: multiple days or parts of days over multiple years).

1. Duration of the agreement and dissolution
   • Unless otherwise provided in the agreement, it is entered into for the duration stated in the agreement or, if no written agreement has been concluded, the duration that follows from communication about the product on the Academy’s website and from email traffic or other correspondence with the Teacher concerned.
   • After the agreed contract period has ended, the agreement can be extended or repeated in consultation between both parties.
   • Without prejudice to the right to compensation of costs, damages and interest, each of the parties is entitled to dissolve the agreement without judicial intervention with immediate effect by registered letter if
     • The other party has failed to fulfil one or more of its obligations and is negligent in fulfilling its obligations within a period set for performance by registered letter, unless the shortcoming(s) is (are) of such a nature or minor significance that they reasonably do not justify dissolution.
     • Bankruptcy or suspension of payment is applied for or granted for the other party, or measures are taken that indicate termination or cessation of the business.
     • Any right of the Relation to set off its possible claims against the Academy with any claim of the Relation against the Academy is expressly excluded.
     • Any right of the Relation to set off its possible claims against the Teacher with any claim of the Relation against the Teacher is expressly excluded.
     • The Academy has at all times the right and the authority to set off claims it has against the Relation with any claims the Relation has against the Academy.
     • The Teacher has at all times the right and the authority to set off claims he/she has against the Relation with any claims the Relation has against the Teacher.

1. Cancelling courses and workshops
   • If a Student has registered as a private individual for a course or workshop, they can withdraw within 14 days after the date in the confirmation email. If the Student cancels later, but at least 2 months before the start of the course? Then the Student owes 25% of the course fee. If the Student cancels between two months and six weeks in advance? Then the Student owes 50% of the course fee. If the Student cancels between six and four weeks in advance, the Student owes 75% of the course fee. If the Student cancels less than four weeks in advance, cancelling is no longer possible and the Student owes the entire course fee.
   • If a Student has registered as a business owner for a course or workshop, a refund is in principle not possible. Teachers may deviate from this at their own discretion.
   • Online courses start immediately upon purchase. It is therefore not possible to cancel participation in these and/or get money back.
   • A course or workshop can be cancelled by the Academy and its affiliated Teachers if there are practical obstacles that the Teacher concerned cannot overcome. Examples are illness, cancellation by the room provider or too few registrations. The minimum number of registrations depends on the costs incurred for the course and is therefore variable and at the Teacher’s discretion. In the event of cancellation, the course date is moved in consultation. If this is not possible, the course fee is refunded. This is also at the Teacher’s discretion.

1. Confidentiality, file management and right of access.
   • The Academy will treat all information concerning the Relation that it obtains in the performance of its services confidentially and will not disclose this information to third parties, except insofar as the Academy is obliged to do so or the Academy has obtained permission.
   • The Academy uses privacy regulations that can be consulted on the Academy’s website and can be requested from the Chamber of Commerce.
   • The Academy will impose a duty of confidentiality on its employees and any third parties engaged in the performance of services.
   • The Academy will, at the request of the Relation, provide reports on the Relation’s own treatments/treatment trajectories during training activities, in compliance with the GDPR.
   • The Academy is not obliged to provide reports on treatments/treatment trajectories to the Relation that concern another Relation. Relations can agree on this among themselves in compliance with the GDPR. The Academy is not a party to this and is not liable for any damage resulting from it.

1. Costs and payment
   • The costs of the offering of the Academy and its Teachers can be found on the Academy’s website. The information on the website is leading and also applies if other amounts are stated in other media (for example, but not exclusively: leaflets, cards, social media posts).
   • Payment for the courses is made in advance, within two weeks after booking. This date falls no later than one week before the start date of the course concerned. If this provision is not complied with, the Teacher can refuse participation.
   • For some courses payment can be made directly via the webshop; for other courses the Relation registers with the Teacher concerned and pays in the way the Teacher indicates. This is stated on the Academy’s website with the training concerned.
   • All prices are in Euros (€). All prices include VAT / turnover tax insofar as applicable, unless it is expressly stated that this is not included.
   • Services provided by a teacher or employee of the Academy are invoiced to the Relation who purchases or purchased the service, in accordance with the arrangements made in advance.
   • Invoicing afterwards, where applicable, takes place on the basis of the rates and numbers of services agreed between the parties at the start of the service.
   • Unless agreed otherwise in writing, the Relation must pay the Academy within 14 days of the invoice date, without any appeal to set-off.
   • If the Academy has agreed with the Relation to repay an amount to the Relation, the Academy will pay this amount within 8 weeks after the decision to repay, via the agreed means of payment.
   • If one of the Academy’s teachers has agreed with the Relation to repay an amount to the Relation, the teacher will pay this amount within 8 weeks after the decision to repay, via the agreed means of payment.
   • If, after the date on which the agreement was concluded, one or more price factors undergo an increase, the Academy is entitled to increase the agreed price accordingly.
   • The Academy is entitled to increase the agreed price every year.
   • Parties can agree on payment in instalments in writing.
     • If the payment term is exceeded, the Relation is in default without notice of default being required.
     • The Academy is entitled to suspend its obligations to perform services with effect from the date on which the payment term has expired.
     • The Academy will inform the Relation in good time of the aforementioned suspension of its services.
     • With effect from the aforementioned date, the Relation owes statutory interest on the outstanding amount. Furthermore, all extrajudicial collection costs are for the account of the Relation. Collection costs include the costs of lawyers, bailiffs and collection agencies, determined in accordance with the applicable rates or the rates actually charged by third parties engaged, and at least the statutory rates. If there are no statutory rates, at least the usual, market-based rates.

1. Refusal of participation by teachers
   • Teachers are permitted to refuse Relations participation in courses, provided Teachers substantiate this.
   • Refusal may not be related to discrimination and may not be arbitrary.
   • Refusal may be based on practical or ethical grounds, or on the basis of an assessment of the teacher’s own competence, the suitability of the course for a Relation or the physical or psychological safety of the group, the teacher or the Relation themselves.
   • Refusal may also be based on a difficult or disturbed relationship between Relation and Teacher or Relation and Academy.
   • Refusal may also be based on other reasons, provided they are reasonably substantiated.

1. Copyright and intellectual property
   • The intellectual property (copyright) in the course material rests with the author: one of the Teachers or the Academy owner. Clear attribution of sources is included in the course material. Nothing from the course materials may be reproduced, republished or shared without the express prior written permission of the rights holder.
   • The course material usually becomes the property of the Student, but not the copyright. Think of PDFs and syllabi that are handed out.
   • It may be that course material remains the property of the Teacher or the Academy and is only lent out. Think of massage tables and other supplies, some books. If unclear, ask the Teacher. During the course, Students also receive clear explanation about this.
   • The Relation is not permitted to use the content of courses of (fellow) teachers or the Academy in their own courses without attribution. Teachers of the Academy carefully attribute sources themselves, and we also expect this of Students and visiting teachers or other Relations.
   • For some content, it even applies that it may not be taught even with attribution without the prior written permission of the Teacher concerned and/or the responsible and entitled person or organisation. This applies in any case to Healing Touch, Energetic Surgery (Energetische Heelkunde) and Trauma Energetics, but also to all other content for which this is communicated by the Teacher, whether on the website, in the course material, in writing or orally, in class or before or after it, or in other ways and at other times, including afterwards.
   • Copyright provisions also apply to Teachers among themselves: they may not use each other’s content without prior written permission.

1. Provisions regarding discount codes, links and commission
   • Relations may hand out discount codes and receive commission (be an Affiliate partner) if they can identify with the Academy’s mission, its image and its work. If the Relation, via social media or websites under their management, shows that their values and norms do not match those of the Academy, or if the Relation’s expressions are contrary to the Academy’s mission or may cause damage to its reputation, the Relation can no longer use discount codes or links and can no longer earn commission. The Relation’s Affiliate account will then be deleted. Commission that has not been paid out is withheld.
   • Whether the Relation’s online reputation and expressions fit with the Academy and whether the Relation is suitable as an affiliate partner is at the Academy’s discretion. The Relation is in any case not eligible if they make online or live expressions with violent, discriminatory or indecent content, or if the Relation ridicules energy medicine in any form. This of course does not include voicing well-founded criticism and conducting a substantive discussion! The Academy actually welcomes those.
   • In the case of intent and abuse, commission that has already been paid out can be reclaimed, and in the case of reputational damage caused by intent, the Academy can submit a claim for damages against the Relation. The Relation gives permission in advance for the collection of evidence from all their public channels, social media and websites.
   • Commission that has been calculated on the basis of purchases with stolen credit cards or other unauthorised means will not be paid out. Where possible, commission that has already been paid out will be reclaimed. Where necessary, the police will be involved and/or criminal measures will be taken.

1. Liability and responsibilities
   • If the Academy cannot fulfil its obligations under the agreement, or cannot do so on time or properly, as a result of a cause that cannot be attributed to it, including but not limited to: stagnation in the regular course of affairs within the Academy’s organisation, illness of (one of) the persons charged with performing the agreement, sudden unforeseen expenses, etc., the Academy’s obligations are suspended until the moment at which it is able to fulfil those obligations after all.
   • In the performance of the services of the Academy and its Teachers there is an obligation of best efforts.
   • The Academy and its Teachers do not in any way give a (medical) guarantee, nor are they in any way liable for (medical) complications that occur in the Relation at the time of or after performance of the services.
   • Only if these are clearly attributable to a serious attributable shortcoming of the Academy is the Academy liable.
   • Only if these are clearly attributable to a serious attributable shortcoming of a Teacher is the Teacher concerned liable.
   • The Academy and its Teachers are in no way liable for consequential damage.
   • The Academy and its Teachers are not liable insofar as damage results from the fact that the Relation has failed to communicate relevant facts, as a result of which the Academy or its Teachers have not been able to take measures or decisions in time to prevent the damage.
   • The Academy and its Teachers are not liable insofar as damage results from the fact that the Relation has not properly followed oral or written advice from the Academy or its Teachers.
   • The Academy’s liability for damage resulting from the services it has performed is limited to a maximum of the costs of the training activity concerned that it offers itself, not the costs of the offering of the Teachers affiliated with it.
   • The Academy is not liable at all for damage resulting from the services it has performed for the training activity of an affiliated Teacher.
   • The Teacher’s liability for damage resulting from the services performed by the Teacher is limited to a maximum of the costs of the training activity concerned that the Teacher offers themselves.
   • In all cases, any liability of the Academy or its Teachers is limited to the amount charged to the Relation, or to a maximum of the amount covered by the liability insurance taken out by the Academy and its Teachers.
   • The Academy and its Teachers are in no way liable for the quality and composition of the aids, supplements, means etc. that they advise.

1. Delimitation of liability of the Academy and teachers
   • The Academie Energetische Geneeskunde is not responsible for the content of the training courses of the affiliated Teachers or for agreements between Teacher and Relations, for the Teachers, their behaviour and expressions, the locations where the Teachers carry out their work or any other related matter.
   • The Academy is, however, responsible for the presentation of the courses on the website and the information concerning accreditation.
   • The Academy is not responsible for any discrepancy between the presentation of the course on the website and the actual content of the course if this has not been submitted to the Academy. This responsibility therefore lies with the Teachers themselves.
   • Inclusion of a Teacher’s course offering takes place on the basis of the content they supply. Approval is granted on the basis of the level of this supplied content and an honest assessment by the Academy. No rights can be derived from this.
   • If a training course nevertheless turns out not to meet the quality requirements, the Academy will conduct an investigation. If this shows that the training indeed does not meet them, it will be removed from the website as soon as possible. However, the Academy is not liable for choices made before the training was removed and not liable for damage caused as a result.
   • The Academy is not liable for costs, fines and other financial or other claims with regard to the affiliated Teachers, the offering of the affiliated Teachers and everything related to it.
   • There is one exception to this: If the course fees are collected via the webshop at https://energymedicine.eu, the Academie Energetische Geneeskunde is obliged to keep the money paid in responsible custody until it has been transferred to the Teacher concerned. After that its responsibility ends.
   • When a course is paid for via the website https://energymedicine.eu, no claim can be made to any compensation or repayment if the money has already been transferred to the teacher.
   • Refunds, disputes and other matters are dealt with between Teacher and Relation. If disagreements arise between Relation and Teacher that cannot be resolved between them, the Academy can decide to mediate. If this also does not lead to a result, the dispute can be submitted to the complaints committee.
   • If the money is still held by the Academie Energetische Geneeskunde and a dispute arises about repayment, the Academy first waits for the settlement between teacher and Relation. After that the Academy pays the money in accordance with the settlement, either to the teacher or to the Relation. If no settlement is possible, the Academy waits for the ruling of the complaints committee and makes the payment in accordance with this ruling.

1. Additional terms for retreats
   • The teacher is responsible for arranging the meals and the content of the workshops as described on the website and other publication materials.
   • The content of the retreat can be changed before or during the retreat if this is necessary due to, for example, absence of teachers, weather conditions or other unforeseen events or circumstances.
   • Retreats via the Academy exclude accommodation. The Relation must therefore arrange a place to sleep nearby themselves. The Teacher can give tips and staying overnight at the retreat site is often possible and desirable, but the Teacher does not arrange the sleeping place.
   • It is the Relation’s own responsibility to arrange a place to sleep or to provide a replacement if the sleeping place is cancelled. The Relation cannot claim a refund of the retreat for that reason. The Relation also cannot claim compensation for damages if, due to the lack of a place to sleep, they can no longer take part in the retreat.
   • The Relation is responsible for their own psychological process, health and safety and for assessing whether the retreat is a good idea for them. The teacher can help with this by having an intake with the Relation before the start of the retreat. If the Teacher concludes from the intake that a retreat is not a good idea for the Relation, participation in the retreat will be refused. Another intake can be done after 12 months to reconsider participation (at a following retreat). If the Teacher’s judgement is again that this is not a good idea, reconsideration is only possible after three years.
   • Relations are not permitted during retreats to be in a phase of tapering off regular or complementary medication. The Relation must be stable on medication or have already tapered off a year ago. The Relation is not obliged to share medical information with the Teacher or the Academy, but is responsible and obliged to refrain from participating in the retreat if this circumstance applies or if there is any other reason why participation may have a negative effect on the Relation themselves, on the group or the Teacher. If the Relation does decide to share medical information with the Teacher or the Academy, it will be kept safe and not shared with others, in accordance with the privacy regulations, as long as there is no danger to the Relation, Teacher or others on the basis of this information.
   • The Relation is obliged to share with the Teacher the name and telephone number of someone who can pick up the Relation in case of an emergency. That can be a broken leg or a psychological crisis. The Relation is obliged to accept regular care if that is necessary in the judgement of the general practitioner or specialist. If the Relation does not choose this, the Relation is themselves responsible for the consequences. A retreat can never replace regular treatment. If the Teacher estimates on the basis of information provided by the Relation that a retreat is not a good idea, the Relation can be refused participation. This is also still possible during the retreat. If the process and/or behaviour of the Relation causes unrest or danger for the group, the teacher can refuse the Relation further participation. Access to the retreat site is then also refused to the Relation. The Teacher will do their utmost to reach the Relation’s contact person. If that is not (or no longer) possible, the Relation is themselves responsible for arranging a replacement contact person and/or their transport home. If the Relation poses a danger to themselves or others, the Teacher will do everything to reach the treating doctor or crisis service for consultation. If the Relation poses an acute danger to themselves or others, the Teacher will (have) the police called to keep the Relation, the Teacher and others safe.
   • The Relation cannot claim financial or other compensation with regard to anything that has nothing to do with cancelled meals. The Relation is also not compensated if they have to go home during the retreat due to illness or other reasons.
   • The Relation must arrange a suitable cancellation insurance themselves if desired.
   • Many of our Relations (and some Teachers) are sensitive to stimuli. That is why we would like to ask Relations to adhere to the following:
     • If you have booked a sleeping place on the retreat site: between 23:00 and 7:00 it is quiet in the accommodation and on the camping site. You can of course do what you want, but it must be very softly. So no talking, no slamming doors and in the accommodation certainly no shoes or even flip-flops. Sounds very strict and it is quite strict, but a good night’s sleep is important for everyone and you will get used to it quickly. Do you want to talk or do other things in the middle of the night? Find a corner of the site that is a good distance away from the sleeping areas and whisper there too. Sound travels far in the countryside. Walking in the area is also possible at night, but pay attention to your own safety and that of others. Can’t sleep for several nights? Ring the bell, then the facilitator will think along with you.
     • Inside the accommodation we walk without shoes. You can wear slippers or socks. Slippers may have hard soles during the day, but not at night (see point above). Do you walk outside barefoot? Then wipe your feet well before you step inside.
     • Use of media (phone, laptop, etc.) is allowed, but bring earbuds if you want the sound on. It is not pleasant to have to listen to someone else’s sound all the time. Phoning is allowed during the day in your room or at some distance from others, so that nobody is bothered by it. Exceptions of course left aside for emergencies or conversations that concern several people. Watching something together on your device? Find a spot where others are not bothered by it.
     • Perhaps there are other moments when we run into overstimulation. During the retreat we can look together at where the balance lies
   • When we stay at the Rust en Ruimtelodge in Klijndijk
     • …the Engelenhuisje (Angel House) is our ‘safe space’. Are you bothered by stimuli and can we as a group do nothing about it? There is of course a limit to low-stimulus togetherness when you are with so many people, even if the group is not very large. You can always withdraw to your room and we also have a quiet space elsewhere on the site that you can go to, the Engelenhuisje. When you are there, the intention is that you do not sit and talk with each other, but that you grant everyone who is there peace and space. There is a comfortable couch, a table and many chairs and there is a kitchenette.
     • Next to the Engelenhuisje is the Engelentuin (Angel Garden). I would like to ask you to be quiet in that garden as well, so that the Engelenhuisje does not miss its purpose. When the Engelenhuisje is being renovated, we unfortunately cannot use it. Keep in mind that your own room then counts as a safe space. We cannot always guarantee the use of the Engelenhuisje.
     • Avoiding visual stimuli? There is a trampoline in the reeds between the Engelentuin and the Chakratuin (Chakra Garden). It is not quiet there, but if you put some music in your ears, nobody can see you and you see nobody through the reeds around you. Do you want to be alone there? Agree with each other on how you use this spot. We cannot guarantee the use of this trampoline either; it may break and then it is of course out of order.
     • Want a good chat? That is possible in the Chakratuin, the communal tent, during the day in the communal space of the accommodation and around the accommodation on the benches, the trampolines and actually the entire rest of the site.

1. Complaints procedure
   • If the Relation is not satisfied with the offering or services of the Academy or its Teachers, the Relation can approach the Teacher concerned or the Academy to look for a solution.
   • If this does not produce a satisfactory solution, the Relation can also turn to the Academy for mediation for any complaints. In doing so the Relation does not make any claim to any compensation by the Academy.
   • For disputes between Relations and all teachers except Merel de Waard, Merel de Waard is the complaints officer within the Academy.
   • For disputes between Relations, the Academy and Merel de Waard, Wilma Bijl is the complaints officer within the Academy.
   • The right to mediation is limited to a maximum of 10 hours, in email contact, telephone contact or personal contact. The complaints officer can decide to deviate from this.
   • If the dispute is still not resolved, Relations can turn to the dispute resolution body mentioned in the complaints procedure.

1. Applicable law and disputes
   • Dutch law applies to the services of the Academy.
   • In disputes arising from or related to the services or offering of the Academy and its Teachers, only the court and the dispute resolution body mentioned in the complaints procedure are competent to hear the dispute.
   • If one or more articles of the current general terms and conditions are declared void, this does not affect the validity of the other articles of the current general terms and conditions.
   • Disputes between Parties will in the first instance be submitted to the District Court of Midden-Nederland, location Utrecht, unless the law mandatorily prescribes otherwise.

Disclaimer

The information on the Academy’s website and on the websites of its affiliated teachers is not a personal treatment plan for the visitor. No rights can be derived from the content shown, nor are the owners of the websites liable for damage that arises directly or indirectly from the information on these websites. For a medical treatment or a training activity that is tailored to your own medical situation, ask a regular doctor for advice. The treatments and training activities offered on the current website fall under the heading of alternative and/or complementary care. This does not replace the diagnostics, care and/or nursing of regular healthcare, but is merely a supplement to it. The texts on this website are protected by copyright and cannot be used or copied without the permission of the owner.