Last updated: 16 May 2026 — The Dutch-language version prevails in the event of any discrepancy.
The Apex Lab: trade name of Pro Performance Therapy.
Client: the natural or legal person entering into an agreement with The Apex Lab.
Participant: the individual taking part in measurements, questionnaires, assessments, or workshops.
Services: (occupational) health and vitality advice, analyses, workshops/training, questionnaires, wearable data processing, and related activities.
Agreement: any arrangement between The Apex Lab and the Client, incl. quotation, order confirmation, and these terms.
In writing: includes email.
These terms apply to all quotations, assignments, and Agreements of The Apex Lab.
Deviations are valid only if agreed in writing.
Order of precedence in case of conflict: (i) order confirmation/Statement of Work (SoW), (ii) any data processing agreement, (iii) these Terms & Conditions, (iv) quotation.
Quotations are non-binding and valid for 30 days unless stated otherwise.
An Agreement is formed upon written acceptance of the quotation or upon commencement of performance.
Unless agreed otherwise, the Agreement is a best-efforts obligation: The Apex Lab performs the Services with due care, without guaranteeing a specific result.
The Client provides, in good time, all information, access, and resources reasonably required (incl. contact with participants).
The Client warrants the accuracy and completeness of information supplied.
We may have work performed (in part) by carefully selected subcontractors.
Information and reports from The Apex Lab do not constitute medical or occupational-health advice and do not replace consultation with a (company) doctor.
Decisions the Client/participant makes based on analyses are their own responsibility.
Processing of (special category) personal data takes place in accordance with our Privacy Policy.
For health data (incl. wearable and questionnaire data) the participant's explicit consent is required via our Informed Consent form. The Client ensures correct information provision to participants in the context of the assignment.
The Apex Lab uses, among others, Google Workspace/Drive and Labfront as (sub)processors. Where The Apex Lab acts (in part) as processor on behalf of the Client, the parties conclude a data processing agreement.
Raw data is pseudonymised where possible (Participant ID); the key file is stored separately with restricted access.
Unless stated otherwise, rates are exclusive of VAT and other levies. Travel, accommodation, and material costs are invoiced separately.
Payment term: 14 days from the invoice date.
In case of late payment, statutory commercial interest is due and reasonable extrajudicial collection costs are for the Client's account.
The Apex Lab may index prices annually (reference: CBS Consumer Price Index) and adjust them in the interim upon changes in scope or law/regulation.
Individual appointments (consultation/assessment): free rescheduling/cancellation up to 48 hours in advance; thereafter 100% of the fee.
On-site workshops/training: up to 14 calendar days in advance: free; 14 to 8 days: 50%; 7 days or fewer: 100%.
Participant no-show is invoiced as delivered.
Externally reserved venue/material/travel costs are always passed on.
Additional work or scope changes are performed at an additional-work rate after approval.
Deadlines are revised where necessary in case of changes or delays not attributable to The Apex Lab.
The parties keep all non-public information about and from the other party strictly confidential.
This obligation also applies after the end of the Agreement.
All intellectual property rights in methods, templates, tools, questionnaires, analyses, and reports rest with The Apex Lab or its licensors.
The Client receives a non-exclusive, non-transferable right of use for internal use. Reuse outside its own organisation, publication, or resale requires prior written consent.
Materials supplied by the Client remain the Client's property; the Client grants The Apex Lab a right of use for performing the assignment.
Deliverables are deemed accepted if no substantiated rejection is received within 10 working days of delivery.
Complaints must be reported in writing within a reasonable period. Submitting a complaint does not suspend payment obligations.
The Apex Lab is liable solely for direct damage that is the direct result of an attributable shortcoming, capped per event (a series of related events counting as one event) at the invoice amount excl. VAT of the assignment, with an absolute maximum of €25,000.
The Apex Lab is not liable for indirect damage (consequential damage, lost profit/turnover, missed savings, reputational damage), nor for decisions the Client/participants make based on analyses/reports.
Liability lapses if the shortcoming was partly caused by incorrect or incomplete information from the Client.
The Client indemnifies The Apex Lab against third-party claims (incl. participants) insofar as these arise from the Client's information or instructions or from the Client's use of results contrary to the Agreement.
Force majeure exists where performance is prevented by circumstances beyond The Apex Lab's reasonable control (incl. supplier/IT-service failure, power outages, illness, epidemics, government measures).
In case of force majeure, obligations are suspended. If force majeure lasts longer than 30 days, the parties may dissolve the Agreement (in part) in writing without liability for damages.
For third-party functionality (such as Google Workspace/Drive, Labfront, video platforms, form tools), the terms of use and availability of the relevant provider apply.
The Apex Lab is not liable for outages or changes at these third parties, but will endeavour to offer reasonable work-arounds.
The Apex Lab processes personal data in accordance with the Privacy Policy and applicable law (GDPR).
If and insofar as The Apex Lab acts as processor, a separate data processing agreement applies.
After the end of the engagement, personal data is deleted according to the retention periods in the Privacy Policy; anonymised statistics may be retained longer.
Either party may dissolve the Agreement in writing for an attributable, material shortcoming not remedied within 30 days of written notice of default.
On termination, provisions intended by their nature to survive (such as confidentiality, IP, liability) remain in force.
On early termination, the Client pays for all work performed and costs incurred up to that point.
Without The Apex Lab's written consent, the Client will not employ or directly/indirectly engage employees or regular subcontractors of The Apex Lab for comparable work, during the term of the Agreement and for 12 months thereafter.
The Apex Lab may mention the Client's (trade) name and logo as a reference (without substantive details) unless the Client objects in writing.
Dutch law applies to these terms and the Agreement.
Disputes are submitted exclusively to the competent court in Amsterdam, unless mandatory law provides otherwise.
If a provision is void or annulled, the remaining provisions remain in force; the parties replace the invalid provision with a valid one that approximates its purpose as closely as possible.
Rights and obligations under the Agreement are not transferable without the other party's prior written consent, except for transfer to a legal successor.