Definitions

• GT&C: These General Terms and Conditions.

• Jo Sarah: The entrepreneur and service provider, operating under the name Joanne Smolders Music/Umaversity, registered with the Chamber of Commerce under number 60196580, located at Vlietstroom 23, 3891 EM, Zeewolde, The Netherlands.

• Client: The individual or legal entity engaging with Jo Sarah for services.

• Services: The products and services provided by Jo Sarah/Umaversity, including but not limited to coaching, training, online courses, strategy sessions, books and educational materials, public speaking, moderation, and organizing events.

 

1. Applicability

1.1 These T&C apply to all offers, orders, and agreements between the Client and Jo Sarah.

1.2 By accepting an offer, signing an agreement, or placing an (online) order, the Client agrees to these T&C.

1.3 Any general terms and conditions of the Client are explicitly rejected.

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2. Formation of Agreement

An agreement between the Client and Jo Sarah is established when:

• (i) Jo Sarah has confirmed a Client’s request in writing (e.g., via email); or

• (ii) Jo Sarah  has commenced the provision of Services.

 

3. Execution of Services

3.1 Jo Sarah provides Services with care and to the best of its ability. However, results cannot be guaranteed, as outcomes depend on the Client’s own effort and commitment.

3.2 If a timeline for Service delivery is agreed upon, it is never a strict deadline. Delays do not entitle the Client to compensation.

3.3 If Services are delivered at a location chosen by the Client, the Client is responsible for arranging necessary facilities (venue, internet, catering, etc.), unless agreed otherwise in writing.

3.4 The Client must provide all required information for proper Service execution. If necessary information is missing or incomplete, Jo Sarah has the right to suspend or cancel the Services. Any resulting costs will be borne by the Client.

3.5 Additional work or modifications requested by the Client that are not part of the original agreement will be charged separately.

 

4. Duration of Agreement

The duration of Services, such as coaching or courses, depends on the specific program. The number of sessions, start and end dates, and other details will be communicated beforehand. Missed sessions or access to online content cannot be reclaimed after the agreed duration.

 

5. Online Content & Courses

5.1 Access to online courses or content is granted only after full payment.

5.2 While Jo Sarah strives for uninterrupted availability, it cannot guarantee that online content will always be accessible without technical interruptions.

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6. Third-Party Service Providers

6.1 Jo Sarah may involve third-party service providers (e.g., guest experts, suppliers). She has the right to select these providers at its discretion.

6.2 These T&C also apply to Services provided by third parties on behalf of Jo Sarah.

6.3 The Client authorizes Jo Sarah to accept liability limitations imposed by third-party service providers on behalf of the Client.

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7. Liability & Indemnification

7.1 Jo Sarah is not liable for any damages unless they result from intent or gross negligence.

7.2 Jo Sarah is not responsible for damages caused by third-party service providers unless their errors result directly from intent or gross negligence by Jo Sarah

7.3 The Client indemnifies Jo Sarah against claims from third parties related to the Services provided.

7.4 If Jo Sarah is held liable, its liability is limited to either providing a replacement Service or refunding the paid amount.

7.5 Liability claims expire 12 months after the date of the incident.

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8. Personal Data

8.1 Personal data provided by the Client will be treated confidentially.

8.2 Jo Sarah may store Client contact details to facilitate Service delivery and updates on future offerings.

8.3 Client data will not be shared unless required by law or explicitly agreed upon.

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9. Invoicing & Payments

9.1 The Client will receive a digital invoice for Services. If applicable, VAT will be added. Payments must be made within the stated deadline.

9.2 For events or retreats, an upfront deposit may be required to confirm participation.

9.3 Services requiring upfront payment will only be delivered after full payment.

9.4 Jo Sarah reserves the right to adjust pricing periodically. Changes will not affect ongoing agreements.

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10. Late Payments & Collection Costs

10.1 If a payment deadline is missed, the Client is in default without further notice. Legal interest may be charged.

10.2 Jo Sarah may suspend or cancel Services until all outstanding invoices are paid. It is not liable for any losses resulting from such suspension.

10.3 If payment remains outstanding after a reminder, additional collection fees will apply, amounting to at least 15% of the outstanding amount, with a minimum of €500.

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11. Cancellation by Jo Sarah

11.1 Jo Sarah may cancel Services in case of non-payment, lack of cooperation from the Client, or any other actions that obstruct Service delivery.

11.2 If Jo Sarah is unable to deliver a keynote, course, or moderation due to unforeseen circumstances (e.g., illness, emergency), Jo Sarah will either:

• in consultation with the Client, move the performance to another date;

• if possible: in consultation with the Client, arrange for a replacement, whereby any additional or reduced price will be discussed with the Client in advance; or

• if Jo Sarah and the Client do not reach an agreement, the agreement will be terminated with refund of any advance payments made by the Client.

11.3 If Jo Sarah arrives late for an event but still gives the lecture, the Client is liable to pay the full fee in accordance with the agreements made.

11.4 Events: In the event that the minimum number of participants for an event is not reached, Jo Sarah is entitled to cancel the event. Any deposit already paid will then be refunded to the Client. Jo Sarah is not obliged to refund any other costs. Jo Sarah therefore advises the Client to take out good cancellation insurance and only incur costs (such as booking a flight ticket or hotel) after Jo Sarah has confirmed in writing that the event will go ahead.

11.5 If the event is cancelled by Jo Sarah due to force majeure on the part of Jo Sarah or other circumstances over which Jo Sarah reasonably has no influence, Jo Sarah is not liable for any damage that the Client may suffer as a result.

11.6 Participation in an event at a location outside the Netherlands is not permitted without travel insurance and is at all times at the Client's own risk.

11.7 In addition to the above cancellation options, Jo Sarah has the right to terminate the agreement with the Client with immediate effect if the Client fails to meet its obligations arising from the agreement with Jo Sarah; if the Client files for bankruptcy or is declared bankrupt, applies for a suspension of payments or is granted a suspension of payments, or sells or liquidates its company.

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12. Cancellation by the Client

12.1 Coaching/courses: If due to unforeseen circumstances it is not possible for the Client to attend a coaching session or course, the Client can schedule another suitable date in consultation with Jo Sarah. Furthermore, the following cancellation conditions apply:

• Up to 48 hours before or on the first day of the agreement's execution: 100% of the agreed fee.

• 2 to 14 days before the first day of execution of the agreement: 75% of the agreed fee.

• 14 days or more before the first day of execution of the agreement: 50% of the agreed fee.

12.2 Lectures/Hosting: If Jo Sarah's Services consist of giving an (in-company) course, lecture, presentation or chairing a meeting at the Client's request on a specific date, the same cancellation conditions apply as stated in article 12.1.

12.3 Events: The Client is entitled to cancel his/her participation in an event by means of a written cancellation addressed to Jo Sarah. The same cancellation conditions apply here as stated in article 12.1. However, the Client may, in consultation with Jo Sarah, appoint a substitute.

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13. Force Majeure

13.1 If Jo Sarah is prevented from providing one or more Services due to force majeure of a permanent or temporary nature, Jo Sarah is entitled to terminate the agreement in whole or in part by written notice without judicial intervention, without prejudice to Jo Sarah's right to payment by the Client for Services already provided by Jo Sarah that were provided before a force majeure situation arose, or to suspend the (further) delivery of the Services in whole or in part.

13.2 Jo Sarah will inform the Client of the force majeure as soon as possible. “Force majeure” means any circumstance that Jo Sarah could not take into account at the time of ordering or delivering Services and/or as a result of which a normal delivery of the Services by Jo Sarah cannot reasonably be expected by the Client, such as, but not limited to: illness at Jo Sarah, illness or death at a collaboration partner of Jo Sarah, computer or internet failures, the Client not having sufficient data or providing incorrect data, or the Client not cooperating, as well as fire, floods and other natural disasters at the locations where the Services would be delivered and all other circumstances that delay or make a proper delivery of Services by Jo Sarah impossible. Furthermore, force majeure means the circumstance that suppliers on which Jo Sarah depends for the delivery of Services do not meet their contractual obligations towards Jo Sarah, unless the latter is due to intent or gross negligence on the part of Jo Sarah.

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14. Intellectual Property

14.1 All intellectual property rights related to content (Manifest your Desires Method, courses, books, materials, videos, presentations) remain with Jo Sarah.

14.2 The Client may not use, modify, or resell any content without prior written consent.

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15. Promotion

15.1 Jo Sarah is permitted to mention the name and possibly photo of the Client on the website www.josarah.com or other websites, newsletters and social media channels of Jo Sarah, unless the Client explicitly indicates that they do not want this.

15.2 Jo Sarah will make specific agreements with the Client for events regarding the use by the Client of promotional materials (photos, press kit) from Jo Sarah.

15.3 The name and photos of Jo Sarah may not be used for promotional purposes other than the event itself, so for example not for promoting products or services of the Client.

15.4 Furthermore, the Client is not permitted to make sound and/or image recordings of courses, lectures, presentations or chairing sessions of Jo Sarah, unless Jo Sarah expressly agrees to this in advance and further agreements are made about this, if desired by Jo Sarah.

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16. Confidentiality

The Client must keep all information received from Jo Sarah confidential, particularly regarding courses, coaching, events, and retreats.

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17. Governing Law

17.1 All agreements with Jo Sarah are governed by Dutch law.

17.2 The courts of Amsterdam have exclusive jurisdiction over disputes.

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18. Changes to These T&C

Jo Sarah may update these T&C from time to time. The latest version will always be available on the website.

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Contact

For questions about these Terms & Conditions, please contact:
📧 Email: info@josarah.com
📍 Address: vlietstroom 23, 3891 EM, Zeewolde, The Netherlands