Fitness Productions, a sole proprietorship based in the Netherlands, specializes in the development and production of marketing films and commercials primarily targeting the sports sector.
In these Terms of Service, "Terms of Service" refers to the present terms.
In these Terms of Service, "Client" refers to the natural person or legal entity conducting business activities and utilizing the services of Fitness Productions.
In these Terms of Service, "Parties," both collectively and individually, refer to Fitness Productions and/or the Client.
In these Terms of Service, "Agreement" refers to the contract concluded between Fitness Productions and the Client, whether or not entered into within the framework of a remote sales or service system, where communication takes place solely through one or more remote communication means until the Agreement is concluded. Under the Agreement, Fitness Productions undertakes to provide services to the Client, and the Client agrees to pay a price for these services. The Agreement is formed by an offer from Fitness Productions and its acceptance by the Client, as further specified in Article 4.3 of these Terms of Service.
In these Terms of Service, "Services" refer to all services provided by Fitness Productions and/or third parties engaged by Fitness Productions to the Client, including but not limited to the development and production of advertisement videos, testimonial videos, corporate films, photography, and Facebook advertising management, as well as any other activities performed by Fitness Productions for the Client within the scope of an assignment, including activities not expressly requested by the Client.
In these Terms of Service, "Website" refers to the Fitness Productions website accessible via www.fitnessproductions.net.
Fitness Productions is registered with the Chamber of Commerce under number 81381492 and holds VAT identification number NL003553907B78. Fitness Productions is located at Beukenlaan 4C (6956 CB) in Spankeren, Netherlands.
Fitness Productions can be contacted via email at [email protected], through the website www.fitnessproductions.net, or by phone at +31645996586.
The Terms of Service apply to all offers made by Fitness Productions and to all current and future Agreements, deliveries, commercial relationships, and other legal relationships between the Parties. The Client's terms and conditions are expressly rejected.
Deviation from the Terms of Service is only valid if expressly agreed upon in writing with Fitness Productions.
The applicability of the Client's purchasing or other terms is expressly rejected, unless expressly and in writing agreed otherwise.
The Terms of Service also apply to additional or amended orders from the Client.
If one or more provisions of these Terms of Service are found to be void, the validity of the remaining provisions of these Terms of Service and the entire Agreement will not be affected. In such a case, the Parties will endeavor to replace the void provision with a new, valid provision that closely approximates the invalid provision within the scope of the original Terms of Service.
All offers on the Website are non-binding unless expressly stated otherwise.
The Client may contact Fitness Productions via the Website, email, or phone for any of the offered Services.
After an initial consultation with the Client, Fitness Productions may provide a quote, which will be sent by mail or email. The Agreement is only concluded upon signing of the quote or through an (electronic) order confirmation.
If Fitness Productions sends a confirmation to the Client, it is decisive for the content and interpretation of the Agreement, subject to manifest errors. Fitness Productions is not bound by its offer if the Client can reasonably understand that the offer, or any part thereof, contains an obvious mistake or clerical error.
Any notes or comments made by the Client on Fitness Productions' quote do not form part of the Agreement unless confirmed in writing by Fitness Productions.
An order by the Client, without a prior written quote, requires written acceptance by Fitness Productions.
Fitness Productions will endeavor to perform the Services to the best of its knowledge and ability, in accordance with the requirements of good professional practice, and as much as possible in accordance with the written agreements.
After the initial consultation, Fitness Productions will schedule the recording day with the Client. Following the recording day, Fitness Productions will edit and deliver the videos and/or images within 14 days. The Client is entitled to 2 revision rounds. Fitness Productions has 7 days per revision round.
The Client is responsible for providing the necessary extras/athletes. All extras/athletes must sign a release form before filming begins.
Fitness Productions has the right to have certain tasks performed by third parties.
When engaging third parties, Fitness Productions will exercise due care and, as far as reasonably possible and customary in relation to the Client, consult with the Client in the selection of these third parties. The costs of engaging these third parties are borne by the Client and will be invoiced to the Client by Fitness Productions.
The Client shall ensure that all data, which Fitness Productions indicates are necessary or which the Client should reasonably understand are necessary for the execution of the Agreement, are provided to Fitness Productions in a timely manner. If the data required for the execution of the Agreement are not provided to Fitness Productions in a timely manner, Fitness Productions is entitled to suspend the execution of the Agreement and/or to charge the Client for any additional costs arising from the delay at the then usual rates.
The Client shall ensure that Fitness Productions can perform its Services in a timely and proper manner. If the Client fails to fulfill its obligations in this regard, the Client shall compensate Fitness Productions for any resulting damages.
If a deadline has been agreed upon or indicated for the completion of the Services, this is never a strict deadline. In the event of exceeding a deadline, the Client must notify Fitness Productions in writing. Fitness Productions must be given a reasonable period to still fulfill the Agreement after such notification.
If it appears during the execution of the Agreement that it is necessary to change or supplement it for proper execution, Fitness Productions and the Client will make timely adjustments to the Agreement through mutual consultation.
If the Agreement is changed, including an addition, this constitutes an additional assignment. For this additional assignment, a separate agreement on compensation will be made in advance. Without an additional quote, the original conditions apply, with the additional Services being paid at the agreed rate.
The failure or immediate execution of the amended Agreement does not constitute a breach of contract by Fitness Productions and does not entitle the Client to terminate or dissolve the Agreement.
Changes to the originally concluded Agreement between Fitness Productions and the Client are only valid from the moment these changes have been accepted by both Parties through an additional or amended Agreement. This change will be made in writing.
Fitness Productions is authorized to suspend the performance of its obligations or to terminate the Agreement if the Client fails to fulfill, fully or timely, its obligations under the Agreement, or if Fitness Productions has good reason to fear that the Client will fail to meet these obligations, provided that Fitness Productions has given the Client written notice of default, setting a reasonable period for the fulfillment of the obligations, and such fulfillment has not occurred within this period.
Furthermore, Fitness Productions is authorized to terminate the Agreement, under the same conditions as mentioned in paragraph 1 of this Article, if circumstances arise which are of such a nature that the fulfillment of the Agreement is impossible or the unmodified continuation of the Agreement cannot reasonably be demanded.
If the Client fails to fulfill its obligations arising from the Agreement, if this non-performance justifies termination, and if the Client is in default, Fitness Productions is entitled to immediately and with immediate effect terminate the Agreement without any obligation on its part to pay any compensation or indemnification, while the Client, due to default, is obliged to pay compensation or indemnification.
Cancellation of the Agreement after signing the quote or (electronic) order confirmation is not possible.
All amounts mentioned in the quote are in euros and exclusive of VAT, unless otherwise stated.
Fitness Productions has the right to correct obvious typographical errors in the price quotation.
Interim price changes will be passed on to the Client.
Payment is made by bank transfer. 50% (fifty percent) of the invoice must be paid within 14 (fourteen) days after the Client accepts the quote. The remaining 50% (fifty percent) must be paid within 14 (fourteen) days after the delivery of those services by the Client.
The Client is obliged to immediately inform Fitness Productions of any inaccuracies in the provided payment details.
If the Client fails to pay an invoice on time, the Client is automatically in default, without further notice of default being required. In that case, the Client owes statutory interest. The interest on the amount due will be calculated from the moment the Client is in default until the moment of full payment of the amount owed.
If Fitness Productions decides to collect a claim for non-payment of one or more unpaid invoices through legal proceedings, the Client, in addition to the principal sum due and the interest mentioned in Article 9.6, is also obliged to reimburse all reasonably incurred judicial and extrajudicial costs. The compensation for incurred judicial and extrajudicial costs will be determined in accordance with the then applicable Decree governing compensation for extrajudicial collection costs.
Fitness Productions is free to proceed with the delivery of the Services only once the Client has paid the due amount in accordance with paragraph 6 of this Article.
Delivery will be made within 14 (fourteen) days.
If delivery does not take place within this period, the Client shall notify Fitness Productions. Fitness Productions will ensure that delivery takes place as soon as possible, unless this is not reasonably possible according to standards of reasonableness and fairness.
The failure of Fitness Productions to deliver on time is not a valid reason for the termination of the Agreement.
All items delivered by Fitness Productions remain the property of Fitness Productions until these items have been fully or partially paid for.
Fitness Productions does not provide any guarantees regarding the delivered Services.
The Client is responsible for providing correct and representative data and information necessary for the execution of the Agreement. Fitness Productions shall not be liable for damages, including but not limited to those resulting from incorrect orders, if the Client has provided incorrect, non-representative, or irrelevant data.
The delivery period as mentioned in Article 10 paragraph 1 of these General Terms and Conditions can only be given approximately. Although every effort will be made to meet the delivery period, Fitness Productions is never liable for the consequences of exceeding the mentioned period. Exceeding the period does not entitle the Client to cancel the Agreement or refuse the receipt or payment of the Services, nor is Fitness Productions liable to pay any compensation to the Client.
Fitness Productions is not liable for errors or omissions of third parties engaged by it. By using the Services of Fitness Productions, the Client authorizes Fitness Productions to accept, on behalf of the Client, any limitation of liability imposed by a third party engaged by Fitness Productions.
Fitness Productions is not liable for any injury, whether accidental or otherwise, inflicted on the athletes/performers before, during, or after the activities for recording of footage.
Fitness Productions is not liable for indirect damages, including but not limited to consequential damages.
Fitness Productions is not liable for any typographical errors on the Website.
Fitness Productions is not liable for non-performance or late performance of obligations arising from the Agreement, if caused by force majeure as referred to in Article 14 of these General Terms and Conditions.
If Fitness Productions is held liable, it shall only be liable for direct damages actually incurred, paid, or suffered by the Client as a result of a demonstrable failure of Fitness Productions to fulfill its obligations with respect to its Services.
The limitation of liability as described in this Article does not apply in case of intent or willful recklessness on the part of Fitness Productions.
This provision does not exclude liability to the extent that such liability cannot be limited or excluded by law.
Force majeure means all external causes, beyond the control or fault of Fitness Productions, which make timely, complete, or correct performance of the Agreement impossible.
Force majeure as referred to in the preceding paragraph of this Article also includes, but is not limited to: non-performance by a third party, illness of personnel of Fitness Productions itself or a third party, abnormal weather conditions, disruptions in water and energy supplies, strikes, serious disruptions in the systems of Fitness Productions, fire, floods, natural disasters, pandemics, riots, war or other domestic unrest.
In case of force majeure, the performance of the Agreement shall be suspended for as long as the force majeure continues.
If the force majeure lasts longer than one month, both Parties are entitled to terminate the Agreement without intervention of the court. In such a case, Fitness Productions will proceed to refund any amounts paid, minus all costs incurred by Fitness Productions with regard to the Agreement.
Each of the Parties guarantees that all data received from the other Party, known or which should be known to be of a confidential nature, shall remain secret. The Party receiving confidential data shall only use it for the purpose for which it was provided. Data shall in any case be considered confidential if so designated by one of the Parties. Fitness Productions cannot be held to this if the provision of data to a third party is necessary pursuant to a court order, a statutory provision, or for the correct execution of the Agreement.
Fitness Productions reserves the rights and powers that accrue to it under the Copyright Act.
The Client guarantees that no rights of third parties oppose the provision to Fitness Productions of data. The Client shall indemnify Fitness Productions against any action based on the assertion that such provision, use, editing, installation, or incorporation infringes any right of third parties.
If the Client has a complaint, the Client must send it in writing to [email protected] or report it by phone via +31645996586. The complaint will be processed by Fitness Productions, if reasonably possible, within 5 (five) working days after receipt of the complaint, after which the Client will receive a substantive response as soon as possible.
Fitness Productions reserves the right to amend or supplement these General Terms and Conditions at any time. Fitness Productions will inform the Client of this in a timely manner.
The amended General Terms and Conditions shall apply to the Agreement one month after notification to the Client.
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Dutch law applies to the legal relationship(s) between Fitness Productions and its Client.
All disputes arising between Fitness Productions and the Client shall be settled by the competent court of the District of Gelderland, sitting in Arnhem.