1. Scope
These General Terms and Conditions apply to all services, coaching plans, sessions, appointments, class passes, digital services, client portal features and mobile app services offered by PTbyNes.
By creating an account, booking a session, purchasing a coaching plan, using a class pass or using the PTbyNes website, client portal or mobile application, the client accepts these General Terms and Conditions.
2. Contact details
PTbyNes - Guerra, Neslin
Bondgenotenlaan 89 bus 0302, 3000 Leuven
BE1021.992.889
Email: info@ptbynes.be
Website: www.ptbynes.be
All legal, administrative or contractual questions can be sent to info@ptbynes.be.
3. Definitions
For the purposes of these Terms and Conditions:
- PTbyNes means the personal training and coaching provider operating under the name PTbyNes.
- Client means any person who creates an account, books a session, purchases a plan or uses the services of PTbyNes.
- Platform means the PTbyNes website, client portal, mobile-friendly environment and mobile application.
- Coach means a personal trainer, coach or authorized representative of PTbyNes.
- Session means a personal training session, group lesson, appointment, coaching moment or any other booked service.
- Coaching plan means a paid trajectory, package, subscription or program offered by PTbyNes.
- Beurtenkaart / class pass means a credit-based package that gives access to a predefined number of sessions.
- Check-in means a digital form or reflection submitted by the client about mood, energy, stress, progress, habits or other coaching-related topics.
4. Services
PTbyNes offers personal training, coaching, progress tracking, fitness guidance, daily or periodic check-ins, appointments, group sessions, digital communication and related administrative services.
The exact content of a coaching plan, appointment, session or beurtenkaart depends on the package selected by the client and the agreement made with PTbyNes.
PTbyNes may adjust the structure, planning, exercises or coaching approach when this is necessary for safety, quality, availability or the client’s progress.
5. Account registration
To use the platform, the client may need to create an account.
The client agrees to provide correct, complete and up-to-date information during registration, onboarding and throughout the coaching relationship.
The client is responsible for keeping login credentials confidential. PTbyNes is not responsible for unauthorized access caused by the client sharing login details, using weak passwords or failing to secure their account.
The client must immediately inform PTbyNes if they suspect unauthorized use of their account.
6. Booking policy
Clients are responsible for managing their own bookings through the platform, unless otherwise agreed with PTbyNes.
A booking is only confirmed when it is visible in the platform or confirmed by PTbyNes.
Clients must arrive on time for their booked session. Late arrival by the client does not automatically extend the session.
PTbyNes may refuse, reschedule or cancel bookings in case of illness, force majeure, coach unavailability, safety concerns, incorrect booking, unpaid amounts or misuse of the platform.
7. Cancellation policy and 48-hour rule
The client can cancel or unsubscribe from a session or appointment up to 48 hours before the scheduled start time.
If the client cancels less than 48 hours before the scheduled start time, does not attend, or arrives too late to reasonably complete the session, the session may be considered used and may be charged or deducted from the client’s beurtenkaart, plan or credits.
This 48-hour rule applies unless PTbyNes explicitly agrees otherwise in writing.
PTbyNes may make exceptions in exceptional circumstances, but is not obliged to do so.
8. Coaching plans
Coaching plans may have a fixed duration, monthly structure, upfront price, recurring payment, limited number of sessions or other specific conditions.
The details of the selected coaching plan will be communicated before or at the time of purchase.
Unless otherwise agreed, coaching plans are personal and cannot be transferred to another person.
A coaching plan does not guarantee a specific physical result. Results depend on several factors, including attendance, effort, health, nutrition, sleep, lifestyle, consistency and truthful communication by the client.
9. Beurtenkaarten / class passes
A beurtenkaart is a credit-based package that gives the client access to a predefined number of sessions.
Each booked and completed session, late cancellation or no-show may be deducted from the beurtenkaart.
Unless otherwise agreed, beurtenkaarten are personal, non-transferable and cannot be exchanged for cash.
Used credits are non-refundable.
If an expiration period applies to a beurtenkaart, this will be communicated at the time of purchase or in the platform. Unused credits may expire after the applicable validity period.
10. Payments and outstanding amounts
Prices are shown in euros and include VAT where applicable, unless stated otherwise.
Payments must be made according to the payment method and timing communicated by PTbyNes.
Unless another payment term is agreed, invoices or outstanding payments must be paid within 14 calendar days.
If a payment remains unpaid after the due date, PTbyNes may:
- Send payment reminders
- Temporarily suspend access to sessions, bookings, plans or the platform
- Refuse new bookings
- Cancel or pause the coaching trajectory
- Charge legally permitted costs or interest, where applicable
- Transfer the unpaid amount for further collection, where legally permitted
The client remains responsible for paying all services, sessions, plans or beurtenkaarten that were correctly ordered, booked or used.
11. Right of withdrawal for distance purchases
Where a client qualifies as a consumer and purchases a service online, by phone or outside the business premises, the client may have a legal right of withdrawal during a period of 14 calendar days, unless an exception applies. Belgian and EU consumer rules generally provide a 14-day cooling-off period for distance contracts.
If the client requests that PTbyNes starts providing services during the withdrawal period, the client may be required to pay for the services already provided.
If a service has been fully performed with the client’s prior express request and acknowledgement that the right of withdrawal may be lost after full performance, the right of withdrawal may no longer apply.
This clause does not limit any mandatory consumer rights that apply under Belgian or EU law.
12. Medical responsibility and health information
The client must provide truthful, complete and up-to-date information about their physical condition, injuries, medical history, health issues, limitations and any other information that may affect safe participation in training or coaching.
The client must inform PTbyNes immediately of any change in health, injury, medication, pregnancy, medical advice or other relevant circumstances.
Participation in training, exercise, coaching, nutrition-related guidance or lifestyle changes is at the client’s own risk.
PTbyNes is not a medical provider. Coaching, training and fitness guidance do not replace medical advice, diagnosis or treatment.
PTbyNes may refuse, pause, adapt or stop training if there are safety concerns.
PTbyNes may request medical clearance, such as a doctor’s note, before allowing the client to participate in certain training activities.
13. Assumption of risk
The client understands that physical exercise and training may involve risks, including fatigue, discomfort, muscle soreness, injury or aggravation of existing conditions.
By participating in PTbyNes services, the client confirms that they are physically able to participate, unless they have informed PTbyNes otherwise.
The client remains responsible for listening to their body, stopping exercises when needed and informing the coach of pain, dizziness, discomfort or unsafe situations.
14. Progress, results and client responsibility
PTbyNes will make reasonable efforts to provide professional coaching, guidance and follow-up.
However, PTbyNes cannot guarantee specific results such as weight loss, muscle gain, improved strength, improved condition, improved confidence or other personal goals.
The client is responsible for their own effort, attendance, consistency, lifestyle choices and truthful communication.
Progress measurements, check-ins and coaching feedback are intended to support the coaching trajectory and should not be interpreted as medical advice.
15. Daily check-ins and progress tracking
The platform may allow clients to submit daily or periodic check-ins about mood, energy, stress, motivation, sleep, nutrition, movement, habits and personal reflections.
PTbyNes may use this information to optimize the coaching trajectory, adapt guidance, follow up progress and identify areas where support may be useful.
The client agrees not to use check-ins or communication tools for unlawful, offensive, abusive or misleading content.
16. Communication through the platform
PTbyNes may provide a built-in chat or communication system.
Messages, attachments and communication history may be stored for coaching, support, follow-up, quality and administrative purposes.
Clients should not use the chat system for urgent medical emergencies. In case of emergency, the client must contact emergency services or a medical professional.
17. Mobile app and digital access
For optimal use of PTbyNes services, the client may need access to the mobile-friendly portal or the iPhone app.
Certain features, such as push notifications, daily check-ins, booking reminders or progress updates, may depend on device settings, internet access, app permissions and platform availability.
PTbyNes is not responsible for missed notifications if the client disables notifications, has no internet connection, removes the app, uses outdated software or blocks permissions.
18. Platform availability
PTbyNes aims to keep the platform available and secure, but does not guarantee uninterrupted access.
Temporary downtime may occur due to maintenance, updates, technical issues, hosting problems, force majeure or third-party service interruptions.
PTbyNes may change, improve, replace or remove platform features when needed.
Digital services supplied to consumers may be subject to legal conformity rules for digital content and digital services under Belgian and EU consumer law.
19. Privacy and data protection
PTbyNes processes personal data in accordance with its Privacy Policy.
The platform may collect and process identity data, contact data, health and fitness information, progress data, check-ins, communication data, payment data, account activity, device data and push notification tokens.
Health-related information may qualify as special category personal data under GDPR. GDPR Article 9 provides specific conditions for processing special categories of personal data, including health data.
More information is available in the PTbyNes Privacy Policy.
20. Archiving and end of coaching trajectory
The client may terminate a coaching trajectory according to the conditions of the selected coaching plan or agreement.
At the end of a trajectory, PTbyNes may archive the client account and related coaching information instead of immediately deleting it. This allows a smoother restart if the client resumes coaching later.
The client may request deletion of personal data, subject to legal retention obligations, accounting obligations, legitimate administrative needs or other lawful grounds.
21. Intellectual property
All materials, coaching plans, exercises, digital content, texts, images, platform designs, branding, templates, documents and other materials provided by PTbyNes remain the property of PTbyNes or its licensors, unless otherwise stated.
The client may use these materials only for personal use within the context of their coaching trajectory.
The client may not copy, distribute, sell, reproduce, publish, share or commercially exploit PTbyNes materials without prior written permission.
22. Client conduct
The client agrees to behave respectfully toward coaches, staff and other clients.
PTbyNes may refuse or terminate services in case of:
- Aggressive, inappropriate or disrespectful behavior
- Harassment or discrimination
- Misuse of the platform
- Fraud or attempted fraud
- Repeated no-shows or late cancellations
- Non-payment
- Unsafe conduct during training
23. Force majeure
PTbyNes is not liable for failure or delay in providing services caused by circumstances beyond its reasonable control, including illness, accidents, government measures, technical failures, internet outages, platform downtime, natural events, strikes or other force majeure events.
In such cases, PTbyNes may reschedule sessions, adapt services or temporarily suspend services.
24. Liability
PTbyNes is only liable for direct damage caused by its proven fault, within the limits allowed by law.
PTbyNes is not liable for indirect damage, loss of opportunity, loss of data, emotional damage, loss of expected results, or damage caused by incorrect or incomplete information provided by the client.
Nothing in these Terms and Conditions excludes liability where exclusion is not allowed by law.
25. Changes to these Terms and Conditions
PTbyNes may update these Terms and Conditions when services, platform features, pricing, legal requirements or business processes change.
The most recent version will be made available through the website, portal or app.
For active clients, material changes may be communicated through the platform, by email or through another appropriate channel.
26. Applicable law and disputes
These Terms and Conditions are governed by Belgian law.
In case of dispute, the parties will first try to resolve the matter amicably.
If no amicable solution is reached, the competent courts under Belgian law will have jurisdiction, without prejudice to any mandatory consumer protection rules.