TERMS AND CONDITIONS

Last updated: January 2026

Governing law: The Netherlands

These Terms & Conditions (“Terms”) apply to all services and digital courses provided by In My Element Studio (“Service Provider”) to any client or customer (“Client”).

If the Client is a natural person not acting in the course of a profession or business, the Client qualifies as a consumer under Dutch law (“Consumer”).

By booking services or purchasing a digital course, the Client agrees to these Terms.

1. Applicability

1.1 These Terms apply to all offers, proposals, services, digital courses and agreements between the Service Provider and the Client.

1.2 If a separate Service Agreement is signed, that agreement prevails in case of conflict.

1.3 Deviations are only valid if agreed in writing.

2. Nature of Service

2.1 All services qualify as an agreement for services (overeenkomst van opdracht) within the meaning of Article 7:400 of the Dutch Civil Code.

2.2 The Service Provider undertakes to perform services to the best of her knowledge and ability, in accordance with professional standards.

2.3 No specific commercial, financial, marketing or personal results are guaranteed.

2.4 Digital courses, including the Being In My Element program and other digital offerings, are educational in nature and intended for personal and professional development.

3. Scope & Additional Work

3.1 Services are provided as described in the approved proposal or agreement.

3.2 Services not explicitly included are considered additional work (“meerwerk”) and will only be carried out after written approval.

3.3 Additional work may result in adjusted fees and timelines.

3.4 Revision rounds are limited to those agreed in writing.

4. Fees & Payment

4.1 Fees are as stated in the proposal, agreement or checkout page.

4.2 Unless otherwise agreed, invoices are payable within fourteen (14) days.

4.3 Work commences only after receipt of the agreed initial payment.

4.4 In the event of late payment:

• Statutory interest applies in accordance with Dutch law.

• Reasonable collection costs may be charged.

4.5 Payments are non-refundable, except where mandatory Dutch law provides otherwise.

4.6 Intellectual property rights remain with the Service Provider until full payment has been received.

5. Third-Party Cost

5.1 Third-party costs are not included unless explicitly agreed in writing.

This includes, but is not limited to:

• Hosting and domain registration

• Website platforms

• Software subscriptions

• Stock images, fonts or plugins

• Email marketing platforms

5.2 The Service Provider is not liable for outages, policy changes or technical issues relating to third-party platforms.

6. Client Responsibilities

6.1 The Client shall:

• Provide timely and accurate information and materials

• Deliver consolidated feedback within agreed timelines

• Ensure that supplied materials do not infringe third-party rights

6.2 The Client remains responsible for:

• Legal compliance of content

• GDPR/privacy compliance

• Product or service claims

6.3 The Client indemnifies the Service Provider against claims arising from Client-supplied materials.

6.4 Delays caused by the Client may result in timeline adjustments.

7. Intellectual Property

7.1 All intellectual property rights remain vested in the Service Provider until full payment.

7.2 Upon full payment, the Client receives a non-exclusive, non-transferable licence to use the final deliverables for their own business purposes.

7.3 Concepts, drafts, unused proposals, frameworks and materials remain the exclusive property of the Service Provider.

7.4 All digital course materials, including workbooks, worksheets and audio-files remain the intellectual property of the Service Provider and may not be copied, shared, reproduced or resold without written permission.

7.5 The Service Provider may showcase completed work as part of her portfolio and communication, including on her website, social media and in case studies, unless confidentiality has been agreed in writing prior to project commencement.

8. Confidentiality

8.1 Both parties agree to treat confidential information as private and not disclose it to third parties without consent.

8.2 The Service Provider’s methodologies, frameworks and internal documentation constitute confidential business information.

8.3 This obligation survives termination of the agreement.

9. Withdrawal & Termination

Services

9.1 Either party may terminate an agreement in writing.

9.2 If the Client terminates after work has commenced:

• Work performed remains payable

• Deposits remain non-refundable

9.3 The Service Provider may suspend or terminate services if payment or cooperation obligations are not met.

9.4 In case of force majeure (“overmacht”) as defined in Article 6:75 Dutch Civil Code, obligations may be suspended.

Courses

9.5 If the Client qualifies as a Consumer, a statutory withdrawal period of fourteen (14) days applies.

9.6 However, in accordance with Article 6:230p sub g Dutch Civil Code, the right of withdrawal expires once:

• The Consumer expressly agrees to immediate delivery of digital content; and

• The Consumer acknowledges that the right of withdrawal is waived once access begins.

9.7 If no access has been granted and no waiver has been given, withdrawal may be exercised within fourteen (14) days by written notice.

9.8 Once access has been granted and the withdrawal right waived, digital course purchases are non-refundable.

10. Limitation of Liability

10.1 To the maximum extent permitted under Dutch law, the Service Provider’s total liability shall not exceed the amount paid by the Client for the relevant service or course.

10.2 The Service Provider is not liable for indirect damages, including loss of profit, revenue or reputational damage.

10.3 Nothing in these Terms excludes or limits liability for:

• Death or personal injury caused by negligence

• Gross negligence or wilful misconduct

10.4 Statutory rights of Consumers remain unaffected.

11. Governing Law & Disputes

11.1 These Terms are governed exclusively by Dutch law.

11.2 Disputes shall be submitted to the competent court in the district where the Service Provider is established.

11.3 If the Client is a Consumer, disputes may also be brought before the court of the Consumer’s place of residence as required by law.

12. Final Provisions

12.1 If any provision of these Terms is deemed invalid, the remaining provisions remain in force.

12.2 Failure to enforce any provision does not constitute waiver.

12.3 The most recent version of these Terms applies and is available on the website.