General Terms and Conditions
Fysi Partnership (Fysi Balance)

Date: May 2026
Chamber of Commerce: 80321186
Address: Wilhelminapark 140, 5041 EJ, Tilburg

Article 1 – General

General Terms and Conditions: These General Terms and Conditions of Payment and Delivery, including the Appendix, are effective from 1 May 2025.

Physi Partnership: Maatschap Fysi, established at Wilhelminapark 140, (5041 EJ) Tilburg, registered with the Chamber of Commerce under number 80321186.

Client: the contracting party (any natural or legal person) to whom Maatschap Fysi provides services, whether or not via referral by an intermediary/referrer. The contracting party is the party that bears the costs of the assignment performed.

Offer (Programs): services provided by Maatschap Fysi for the benefit of a client.

Client: the natural person who is registered with Maatschap Fysi for an intake or program.

Referrer/Intermediary: the party that refers clients to Maatschap Fysi, whether or not based on an agreement.

Agreement: the contract for services concluded between the parties, which came into effect through the Client's acceptance of a quotation, invoice, or framework contract provided by Maatschap Fysi, and to which these general terms and conditions apply.

Attachment: the appendix attached to the General Terms and Conditions and inseparably linked thereto.

Article 2 – Applicability

2.1 These general terms and conditions apply to all quotations and agreements between Maatschap Fysi and the client regarding all services provided by Fysi Balance, regardless of whether these take place on location or elsewhere.
2.2 Deviations are only valid if agreed upon in writing.
2.3 The Client's general terms and conditions are expressly rejected.
2.4 Acceptance of a quotation, invoice, or application constitutes acceptance of these terms and conditions.
2.5 If any provisions prove to be invalid, the remaining provisions shall remain in force.
2.6 Maatschap Fysi may amend these terms and conditions.
2.7 In the event of conflict, the agreement shall prevail.

Article 3 – Quotations and offers

3.1 Quotations are valid for 30 days and without obligation.
3.2 Quotations are based on provided data.
3.3 Obvious errors do not bind Maatschap Fysi.
3.4 Combined quotations do not obligate partial execution.
3.5 Quotations do not automatically apply to follow-up assignments.

Article 4 – Formation and duration of the agreement

4.1 An agreement is concluded by acceptance of a quotation, in writing or by e-mail, or by the registration of a client.
4.2 Changes are only valid after written confirmation.
4.3 The Agreement is binding upon confirmation or commencement of execution.
4.4 Changes may affect deadlines.
4.5 If necessary, the agreement will be amended in consultation.
4.6 Agreements are temporary and terminate automatically upon expiration.
4.7 Without a fixed term, a notice period of 2 months applies.

Article 5 – Obligations of the client

5.1 The Client provides correct information in a timely manner.
5.2 The Client reports relevant changes immediately.
5.3 In the event of insufficient information, execution may be suspended.
5.4 Additional costs due to delay are for the client.

Article 6 – Delivery and cancellation

6.1 The program starts after registration and acceptance.
6.2 Maatschap Fysi operates according to professional standards.
6.3 Execution is determined by Maatschap Fysi.
6.4 Work may be performed by third parties.
6.5 Timeframes are indicative.
6.6 Invoicing can take place per phase.
6.7 Participation in the program starts after payment.
6.8 Appointments must be cancelled 24 hours in advance (€150 per hour for no-show).
6.9 Client agrees to remedial rules (appendix).
6.10 Failure to comply with remedial rules → Full payment due.
6.11 In the event of joint termination:
– Introductory meeting: no cost
– After intake: intake fees
– <3 days before start: 30%
– After start: 50–100% depending on phase
6.12 Unilateral termination: same rules as above.
6.13 No-show without contact → Full payment due.
6.14 Program adjustments may be made after consultation and agreement.

Article 7 – Rates and payment

7.1 Rates may be adjusted annually.
7.2 Report objections within 14 days.
7.3 Payment remains mandatory in the event of an objection.
7.4 Errors in billing details → €15 costs.
7.5 Also in the event of reversals.
7.6 Amendments fall under Article 6.
7.7 Payment within 14 days (companies):
– Statutory interest
– Collection costs (15% + €40 administration)
7.8 Consumers:
– 7-day payment
– 14-day reminder
– Then interest + costs
7.9 Collection costs according to BIK scale.
7.10 Payments are first debited against charges.
7.11 Incapacity program → Intake costs only.
7.12 VAT applies.
7.13 Joint and several liability in case of multiple clients.
7.14 In case of non-payment → suspension or dissolution.

Article 8 – Inability to pay

Dissolution possible in the case of, among others:

• Bankruptcy
• Suspension of payments
• Seizure
• Guardianship
• Loss of power of disposal

Article 9 – Liability and Force Majeure

9.1 Liability limited to the invoice amount.
9.2 No liability for indirect damages.
9.3 Third parties are excluded from liability.
9.4 Incorrect information = risk to the client.
9.5 Exception in case of intent/gross negligence.
9.6 Force majeure includes, among other things, malfunctions, illness, and fire.
9.7 In case of force majeure: suspension or termination.
9.8 The Client indemnifies Maatschap Fysi.

Article 10 – Suspension and dissolution

10.1 Suspension in case of non-performance.
10.2 Dissolution due to impossibility of performance.
10.3 Claims become immediately due and payable.
10.4 The right to compensation remains.
10.5 Notice period: 1 month.
10.6 Late cancellation → automatic termination.

Article 11 – Intellectual property

11.1 All rights are vested in Maatschap Fysi.
11.2 Use by the Client is limited.
11.3 Licenses may not be modified.
11.4 The Client guarantees the lawful use of data.
11.5 Fine for violation: €5,000 per incident.

Article 12 – Privacy

12.1 Data is treated confidentially.
12.2 Confidentiality applies to employees and third parties.
12.3 The Client also has a duty of confidentiality.
12.4 Data can be used anonymously for analysis.
12.5 Website uses cookies.
12.6 Fine for violation: €5,000 per incident.

Article 13 – Applicable law

13.1 Dutch law applies.
13.2 Competent court: Zeeland-West-Brabant District Court (location Tilburg)
(unless consumer → place of residence)

Appendix I – Fysi Balance Recovery Rules

Recovery takes time

The body's recovery capacity is affected by prolonged strain on the autonomic nervous system. Fysi Balance provides objective insight into this and focuses on training recovery.

Programs last on average 18 weeks, in which work is being done on:

• Load capacity
• Breathing
• Data insight
• Education

Commitment is essential

For effective recovery, the following applies:

• Daily Morning Measurement (RMSSD)
• Daily breathing exercises
• Structured training (internal + independent)
• Active use of app and education

Interruptions slow down the recovery process.

Physical recovery → mental recovery

By improving physiological recovery capacity, the following also improves:

• Concentration
• Energy
• Stress regulation

Contraindications

Participation is not possible in the following cases:

• Severe cardiac arrhythmias
• Inability to do cardio training
• Wounds on chest/back (due to heart rate monitor)
• Medical advice against exertion
• BMI > 40 (measurement limitation)
• Insufficient command of the Dutch language