General Terms & Conditions

These Terms set forth the obligations, rights, and stipulations applicable to everyone requesting an offer from Us and to all our basketball training services. By accepting an Offer, the Participant agrees to these Terms.

FNDMNTL Basketball, located at Gruttoweide 29, 3993DK, Houten, is registered in the Dutch Chamber of Commerce (KVK) under number 93377797 ("We/Us").

• Participant — The individual receiving basketball training services. Where the Participant is under 18 years of age, this term also includes their parent or legal guardian, who must provide written consent before services commence.
• Basketball Training Service — Any training plan, session, clinic, or program offered by Us.
• Assignment — A binding agreement formed upon the Participant's acceptance and timely payment of an Offer.

These Terms apply to all Assignments and additional or follow-up Offers. If these Terms conflict with other agreements, these Terms prevail.

If any provision is deemed invalid or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remainder will continue in full force. No waiver of any provision shall be considered a continuing waiver.

An Assignment becomes effective once the Participant has accepted a valid Offer and made full payment before the service start date. For Participants under 18, an Assignment is not effective until written consent has been provided by a parent or legal guardian.

Assignments define the Basketball Training Services to be provided, including schedules. Our obligation is to perform services with best efforts, but we do not guarantee specific results or athletic outcomes.

Training descriptions (e.g., in an app or on a website) are guidelines, not material obligations. Assignments are personal and non-transferable.

Once an Assignment is in place, schedule changes are only permitted in the following cases:

• Third-Party Facility Cancellation — We will seek an alternative location or reschedule the session within a reasonable timeframe.
• Trainer Absence — Sessions may be rescheduled based on court availability. We will notify the Participant as soon as reasonably possible.
• Low Enrollment — If a group session does not meet minimum participation requirements, We may postpone or issue a credit for a future session.

Offers are valid until their stated expiration or the training start date, whichever occurs first. Offers become binding upon the Participant's acceptance and full payment.

Invoices must be paid within 15 days of issuance or before the service start date, whichever comes first. Payment instructions and accepted methods will be detailed in the invoice. Where a Participant fails to pay on time, We will send a written reminder. If payment remains outstanding after a further 14-day notice period, statutory interest as defined by Dutch law (Article 6:119a DCC) will apply from the original due date.

Participants must provide accurate and complete information prior to the commencement of services, including all relevant health-related details (e.g., injuries, medical conditions, or physical limitations). Failure to disclose relevant health information may result in the immediate suspension of services without refund.

Participants must comply with all reasonable instructions from Us and from facility staff at all times. Disruptive, unsafe, or abusive behaviour will not be tolerated. If a facility bans a Participant, the Assignment is immediately terminated with no refund.

Participation in basketball training is at the Participant's own risk. The Participant acknowledges and accepts that:

• Basketball training involves physical exertion and inherent risks, including but not limited to injury, muscle fatigue, and physical strain.
• The Participant is solely responsible for ensuring they are in adequate physical condition to participate. If in doubt, the Participant should consult a medical professional before commencing training.
• We are not liable for injuries resulting from participation, improper use of facilities, or failure to follow instructions, except in cases of gross negligence or wilful misconduct on Our part.
• To the fullest extent permitted by Dutch mandatory law, the Participant agrees not to hold Us liable for injuries or accidents occurring during training. This acknowledgement does not override any rights the Participant holds under mandatory consumer protection law.

The Participant agrees to indemnify, defend, and hold Us harmless from any claims, liabilities, damages, or expenses arising from:

• The Participant's own actions, injuries, or non-compliance with these Terms.
• Third-party claims arising from the Participant's conduct during training.
• Any loss or damage to facilities caused by the Participant.

Indemnification applies only to actions or omissions within the Participant's reasonable control and does not extend to gross negligence or wilful misconduct on Our part, nor does it limit any rights the Participant holds under mandatory Dutch or EU law.

We are not liable for delays, cancellations, or failures to perform due to circumstances beyond Our reasonable control, including but not limited to:

• Natural disasters or extreme weather events
• War, armed conflict, terrorism, civil unrest, or acts of a foreign enemy
• Government restrictions, sanctions, or legislative changes
• Pandemics, epidemics, or public health emergencies
• Facility closures or third-party venue failures
• Unforeseen trainer incapacitation

In the event of a force majeure situation, We will notify the Participant as promptly as possible and may reschedule, modify, or issue a credit for affected sessions at Our discretion.

We process personal data in accordance with the General Data Protection Regulation (GDPR) and the Dutch GDPR Implementation Act (Uitvoeringswet AVG). Health-related information provided by the Participant (including injuries and medical conditions) constitutes a special category of personal data under Article 9 GDPR and is processed solely on the basis of the Participant's explicit consent, given for the purpose of delivering safe and appropriate training services.

Personal data is never shared with third parties except where required by law or as described in our Privacy Policy. Participants have the right to access, rectify, or request deletion of their personal data at any time by contacting Us in writing. Where a Participant withdraws consent for the processing of health data, We reserve the right to assess whether the Assignment can safely continue.

For Participants under the age of 16, processing of personal data requires verifiable consent from a parent or legal guardian, in accordance with Article 8 GDPR and the Uitvoeringswet AVG.

For full details on how We handle personal data, please refer to our Privacy Policy.

We may photograph or record video during training sessions for coaching feedback, promotional, or social media purposes. By accepting an Offer, the Participant grants Us a non-exclusive, royalty-free licence to use their likeness in training-related media.

Participants who do not consent to photography or recording must notify Us in writing prior to the commencement of their first session. Where the Participant is a minor, consent must be granted by a parent or legal guardian. We will respect all opt-out requests and will not use media featuring a Participant who has objected.

Any media featuring Participants will be handled in accordance with Dutch portrait rights (portretrecht) under Article 21 of the Dutch Copyright Act (Auteurswet) and GDPR requirements for image data.

Our liability for any direct damages arising from a material breach of our service obligations is limited to the total fee paid for the relevant Assignment. We are not liable for:

• Injuries sustained during training, except where caused by Our gross negligence or wilful misconduct.
• Loss or theft of the Participant's personal belongings at training venues.
• Service interruptions or reduced quality resulting from incorrect or incomplete information provided by the Participant.
• Cancellations or disruptions caused by third-party facility issues beyond Our control.

Nothing in these Terms excludes or limits liability for death or personal injury caused by Our negligence, or for any other matter where exclusion of liability is not permitted under Dutch mandatory law or EU consumer protection legislation.

Both parties agree to treat all personal, medical, and training-related information as strictly confidential and not to disclose such information to any third party without prior written consent, except where required by law.

Any complaints must be submitted in writing to [email protected]. The complaint period commences on the date the email is received by Us. We will acknowledge receipt within 5 business days and aim to resolve all complaints within 30 days.

If a complaint cannot be resolved amicably, disputes shall be submitted to the competent court in Utrecht, The Netherlands, unless the Participant is entitled to choose another jurisdiction under applicable mandatory consumer law.

We reserve the right to amend these Terms at any time. Material changes will be communicated to active Participants in writing with at least 14 days' notice before taking effect. Continued participation in services after the effective date constitutes acceptance of the amended Terms.

These Terms are drafted in English. In the event these Terms are translated into Dutch or any other language, the English version shall prevail in the event of any conflict or ambiguity between versions.