These General Terms and Conditions ("T&C") of the provider, Kristýna Čočková, MSc., self-employed person, IČO: 09031197, registered address: Vašíčkova 3436, 272 04, Kladno, Czech Republic, phone: +420 606 074 569, +353 85 130 1311, email: info@formnfunction.eu (hereinafter "Provider"), govern the rights and obligations between the provider and the client in connection with the provision of interest-based regenerative and recreational services, particularly in the field of nutritional coaching, personal training and massage therapy.
I. Introductory Provisions
- These T&C regulate the rights and obligations between the provider and the client (hereinafter the "client") in connection with the provision of interest-based regenerative and recreational services, particularly in the field of nutritional coaching, personal training and massage therapy (hereinafter collectively referred to as "services").
- The provider operates the website https://www.formnfunction.eu/ (hereinafter the "website") and conducts business on the basis of a trade licence. The provider is not a VAT payer.
- The provider is a specialist in nutritional coaching, personal training and massages. Information on the provider's certifications and specialisations can be found on the website.
- Important notice: The provider is not a healthcare professional within the meaning of applicable legislation and does not provide healthcare services within the meaning of Act No. 372/2011 Coll., on healthcare services. All services provided as part of nutritional coaching are exclusively of a regenerative, recreational and educational nature and are intended only for healthy persons who wish to improve their lifestyle and dietary habits. The provider does not replace doctors or dietitians, does not perform diagnosis, treatment or disease prevention. In the case of health problems, chronic illnesses, use of medications or specific health conditions (e.g. pregnancy, younger or older age), consultation with a doctor or qualified professional is recommended.
- These T&C form an integral part of every contract concluded between the client and the provider, unless the parties expressly agree otherwise.
- The client agrees to the conclusion of the contract by means of remote communication means.
II. Subject Matter of Services
- The provider offers services in three basic forms: in-person services, online services and combined services. The form of cooperation is always determined by the provider, who will take into account the client's wishes. These services focus on comprehensive care for the client's health and performance through nutritional coaching, personal training or massage therapy. Services may be provided individually or in group form. Unless otherwise agreed, the individual form applies.
- Nutritional coaching includes detailed analysis of the client's dietary habits, creation of individual plans, targeted recommendations in the field of nutrition and supplementation and systematic education in the principles of healthy eating, with a focus on the client's individual goals. This service is provided in personal, online or combined form.
- Personal training represents comprehensive support in the field of physical activity. It includes the creation of personalised training plans, leading individual training sessions, professional supervision of proper exercise technique and consultations focused on optimising movement habits and overall performance. This service is also provided in personal, online or combined form.
- Massage services are provided exclusively in person, either in the provider's mobile premises or at another location agreed with the client, focusing on regenerative and relaxation techniques.
- The above services may also be provided in group form (group coaching). Group coaching will usually be provided online, containing a pre-determined duration, a certain number of video calls, possibly supporting materials and a support group via an online platform. Specifications are listed on the provider's website when offered.
- Educational courses — the provider may also organise online or in-person educational courses focused on nutrition, training or lifestyle. The client is obliged to pay the full course price in advance. If the provider cancels the course, the full paid price will be refunded or a voucher provided. If the client cancels later than one week before the agreed date, the paid course price is forfeited in favour of the provider; otherwise it may be credited or refunded by agreement.
- The list of currently provided services is on the provider's website or will be communicated directly to the client upon request. For personal training and nutritional coaching, the client may choose from pre-defined service packages or based on individual agreement. Packages contain a detailed specification of services, their scope, validity and price.
- For professional athletes and clients with more demanding goals, the provider offers specialised programmes focused on sports performance, competition preparation and comprehensive training methodologies. For such specialised persons there are increased health risks and each of these persons acknowledges that the provider considers it necessary to consult all recommendations with a doctor.
III. Digital Platforms and Client Account
- Services may be provided through various platforms enabling remote access to ensure effective online cooperation, flexibility and comprehensive access to services. These platforms may include in particular:
- Provider's website
- Squarespace / Acuity Scheduling (Squarespace Ireland Limited, Squarespace House, Ship Street Great, Dublin 8, Ireland, D08 N12C)
- Cronometer (Cronometer Software Inc., P.O. Box 3270, Revelstoke, BC V0E 2S0, British Columbia, Canada)
- Everfit (Everfit Technologies, Inc. 845 Market St Ste 450, San Francisco, California, 94103, United States)
- Read your Body (The Body Literacy Collective CIC., Another Place, 3-9 Belfast Road, London, N16 6UN, United Kingdom)
- Google applications and website (Google Sheets, Google Calendar)
(hereinafter collectively also referred to as "platforms").
- The provider may use these specialised digital platforms to enable creation of personalised training plans, analysis of exercise technique, provision of ongoing feedback, generation of regular reports and monitoring of the client's individual progress.
- At the beginning of cooperation, the provider will inform the client which platforms it proposes to use. If the client agrees to the terms of the relevant platform (which they are obliged to read first), the client will proceed to create a client account on the relevant platform, or give the provider consent to create it. Even if the provider creates the account, the client always has the authorisation to enter and change the password and to cancel the account. If the use of platforms is necessary for the provision of services, both contracting parties may withdraw from the service provision contract.
- Login to the client account is via a unique login name (email address) and password created by the client.
- Both the client and the provider will have access to the client account to enable the provision of services. During the provision of services, the provider will add relevant documents (instructional videos, sample meal plans, methodological materials). The provider may also remove these materials, always according to the nature of the specific cooperation and purchased packages.
- The client is obliged to keep the login details confidential and promptly inform the provider of any suspicion of unauthorised use of their account.
- Pairing of the client account with the provider's account can be cancelled by written request, termination of the contractual relationship or unilateral cancellation by the provider in case of breach of contractual terms. Cancellation of pairing will include removal of documents uploaded by the provider, unless the parties expressly agree otherwise.
- The provider is not responsible for the functionality of third-party platforms; in case of their outage, the parties will agree on an alternative method of performance to ensure continuation of services.
IV. Provision of Services to Minor Clients
- Services to clients under 18 years of age can be provided only with the consent of their legal guardians.
- Services for minors can be ordered exclusively by their legal guardians. The legal guardian is obliged to participate in the initial consultation, personally create the order and fill in a detailed form on the minor's health contraindications. The provider warns that the provided services are not healthcare services and always recommends consulting all procedures with relevant professionals.
- Massage services can be provided only to minors from 15 years of age, and exclusively with the consent of the legal guardian.
- For a minor, the legal guardian confirms health fitness and awareness in a document called "Informed Consent", in which they assume full responsibility for properly informing the provider about the minor's health status and confirming their suitability for the selected services.
- For minor clients under 15 years of age, the presence of the legal guardian or a person authorised by them is required throughout the provision of the service. The provider reserves the right to refuse to provide the service without giving reasons and may require additional medical confirmation of health fitness.
- The legal guardian acknowledges the comprehensive nature of the provided services and undertakes to continuously monitor the minor's health status.
V. Provision of Services to Persons with Health Limitations and Pregnant Women
- Services for persons with specific health limitations or pregnant women are provided with maximum regard to the client's individual health status.
- A client with any health limitation or specific health condition must submit, before starting the service: a current medical certificate of health fitness, written consent from the treating physician, and detailed information about their health status. If such confirmation is not submitted even after the provider's prior request, the client bears sole responsibility for the consequences.
- Health limitations requiring increased attention include diabetes mellitus, cardiovascular disease, respiratory disorders, oncological diseases, neurological disorders, pregnancy in various stages, psychiatric diseases and autoimmune diseases. The client is obliged to submit a written declaration listing all relevant health limitations, confirming they do not suffer from contraindications, declaring awareness of possible risks, and agreeing to possible modification of the service.
- For pregnant clients, additional specific requirements apply, including confirmation from the treating gynaecologist, division of services according to the trimester of pregnancy and individual assessment of the suitability of each activity.
- The provider reserves the right to adjust the scope of the service, refuse to provide the service without medical consent, or immediately terminate the service if there is suspicion of risk to the client's health. If the provider must refuse or terminate the service due to non-fulfilment of the client's obligations (in particular failure to submit a medical certificate), the provider has the right to a cancellation fee of 100% of the service price.
VI. Initial Consultation
- The initial consultation is a free, approximately 15-minute meeting conducted exclusively online via Google Meet. Its primary purpose is mutual acquaintance, assessment of the possibility of providing services and definition of the client's individual requirements. The consultation applies only to nutritional and training services.
- The initial consultation is an integral and mandatory part of starting cooperation in nutritional and training services. Without completing this consultation, these services cannot be accessed. If the client has previously cooperated with the provider and resumes cooperation after a period, no further initial consultation is required.
- The client may book the consultation via the web form, by telephone or by another mutually agreed method. Via the web form, the client clicks "BOOK FREE CONSULTATION", fills in the required data and selects a free date. They will then receive a hyperlink by email for connecting to Google Meet.
- During the consultation, the form of future cooperation will be agreed in detail. Immediately after the consultation, the client will receive email confirmation of the agreed services.
- The provider emphasises that the initial consultation is provided once. Without proper cancellation at least 3 working days in advance, it is considered used and no longer available.
- If the client misses the agreed initial consultation date for reasons on the client's side and exhausts their free option, a replacement initial consultation may be booked by email. The replacement will be charged CZK 250, paid before the consultation takes place.
VII. Ordering Services, Conclusion of Contract and Reservation Fee
- Service provision contracts can be concluded electronically via the web form, email communication, by telephone or in person at the provider's premises. The client expressly agrees to concluding contracts via remote online access.
- For online and combined services, the contractual relationship arises at the moment of confirmation of the order by the provider and payment of the agreed price (or first instalment, if agreed).
- For massage services, the order proceeds via email, reservation system or other written communication. The provider confirms the date in writing together with reference to the T&C and sends payment details for the reservation fee amounting to 50% of the service price. The massage service provision contract is concluded at the moment when the provider receives full payment of the reservation fee. Non-payment within 24 hours from sending payment details entitles the provider to cancel the order.
- For services agreed in person at the provider's premises, the contract arises upon mutual confirmation of the offer and order and agreement on price. The client is obliged to pay before starting the service, unless otherwise agreed.
- The provider reserves the right to refuse the order, especially if it could lead to risk to the client's health, if the service contradicts the T&C or legal regulations, or if it is not possible to provide the service capacity-wise.
- The contracting parties are bound by performance from the date of conclusion of the contract. The client is obliged to pay the agreed price and the provider is obliged to provide the ordered service in the agreed scope and quality.
VIII. Payment Terms
- Price of services. The price of services is always stated in the order or contract and includes all applicable taxes and fees, unless otherwise stated.
- Method of payment. All payments made through the provider's website are made exclusively through the Stripe payment gateway (PayGate technology), enabling online payments by payment card, Apple Pay and Google Pay. Payments made directly to the provider can be made in cash, via QR code bank transfer, or bank transfer via internet banking. Payments on the basis of an invoice are made by bank transfer within the due date stated on the invoice.
- Reservation fee. For massage services, the client pays a reservation fee of 50% of the service price upon ordering. This fee serves to bindingly reserve the date and is part of the agreed service price. The reservation fee is non-refundable if the client cancels later than 48 hours before the agreed date, fails to appear without notice, or if the provider must interrupt service provision due to breach of client's obligations. Otherwise, it can be credited towards the service price or refunded by agreement.
- Due date. The price or reservation fee is due according to the date stated in the order, invoice or order confirmation, most often before starting the service. If payment does not go through or is not made on time, the provider is entitled to: suspend service provision, issue a written request with a substitute deadline, and if the client does not make the payment even after the substitute deadline, cancel the order without further liability.
- Payment confirmation. Upon successful receipt of payment, the client will receive payment confirmation and a tax document in electronic or printed form. Access to the ordered services or platforms will be provided if part of the service scope.
IX. Rights and Obligations of Contracting Parties
A. Rights and Obligations of the Provider
- The provider undertakes to provide services in the agreed scope and quality.
- The provider reserves the right to refuse to provide the service if it could lead to risk to the client's health, if the service would be contrary to ethical principles or these T&C, or for organisational reasons.
- The provider is entitled to request the client in writing to fulfil their obligation to provide cooperation with a substitute performance deadline. If the client does not comply, the provider is entitled not to provide services in the extent affected — in such case, the client has no right to a discount.
B. Rights and Obligations of the Client
- The client is obliged to provide the provider with all necessary cooperation, including timely provision of required information and documents, to enable proper provision of services. In particular, they must provide truthful and up-to-date information about their health status.
- The client is obliged to protect access to their user account by using a sufficiently strong password and to keep their login details confidential. The client bears responsibility for all actions performed through their account.
- Services are also provided through third-party online platforms whose terms the client is obliged to read and respect.
- The client undertakes to take reasonable measures to protect their personal data and communication conducted through these platforms. Information on how the provider processes the client's personal data is contained in a separate document — Principles of Personal Data Processing, available at: https://www.formnfunction.eu.
X. Liability and Limitations
- Nature of provided services. The provider is not a provider of healthcare services within the meaning of Act No. 372/2011 Coll. All provided services are of a supportive, preventive, regenerative and educational nature and do not serve as a substitute for medical diagnosis, treatment or other healthcare services.
- Informational nature of recommendations. All information, advice and recommendations provided as part of the services are exclusively of an informational nature. They do not replace professional medical care or individual medical diagnosis. The client is obliged to always assess all recommendations with regard to their current health status and in case of any doubts is obliged to contact a qualified healthcare worker.
- Client's responsibility for health status. The client is responsible for truthful, complete and up-to-date disclosure of information about their health status. If the client breaches this obligation, the provider bears no responsibility for any consequences arising from such omission.
- Exclusion of liability for specific regimes. If the client decides to undergo specific or intensive regimes (e.g. extreme weight loss, "weight cutting" for athletes), they do so exclusively at their own risk. The client is obliged to consult their intention in advance with a qualified doctor. The provider bears no responsibility for any harm to health, property or other consequences arising from these voluntarily chosen regimes.
- Limitation of provider's liability. The provider bears no responsibility for damage arising from non-compliance with recommendations, incorrect or incomplete informing of the provider about health status, or from not undergoing medical consultation if recommended. The provider's liability cannot be excluded in cases of harm caused intentionally or through gross negligence.
XI. Complaints
- The client has the right to claim defective performance of the service if the provided service is not in accordance with the contract, was not performed properly or in the agreed scope and quality. Only defects that exist at the moment of acceptance of the service can be claimed; if not immediately apparent, the client has the right to claim them without undue delay after discovering them.
- The client is obliged to make the claim without undue delay after discovering the defect, but no later than within 2 years from the provision of the service. The claim must be made in writing or electronically to the provider's contact email, stating the description of the defect, date of service provision and proof of the agreed contract or order.
- In the claim, the client may choose the method of remedy: removal of the service defect (e.g. repeated provision, completion), appropriate discount or withdrawal from the contract if the defect cannot be removed.
- If the client does not specify the required method of remedy, the provider will choose the method at its discretion.
- The provider is obliged to settle the claim without undue delay, but no later than within 30 days from the date of its receipt, and inform the client of the result in writing or electronically.
- The claim will not be accepted if the defect was caused by fault on the client's side or non-compliance with the provider's instructions. The client loses the right to make a claim if they do not report the defect in time.
XII. Termination of Contract
- The service provision contract may be terminated:
- by proper provision of all agreed services,
- upon expiry of the agreed validity period of the contract,
- by mutual agreement of the contracting parties,
- by withdrawal of one of the parties according to applicable legal regulations.
- The contract is considered terminated if all agreed services have been properly provided or if its duration has expired. If no specific validity period is specified, the contract is considered terminated at the moment of proper provision of all services.
- The client, as a consumer, has the right to withdraw from the contract concluded outside the provider's premises or by distance method within 14 days from its conclusion, without giving reasons, provided that the service was not started with their express consent before expiry of this period, or if it was not agreed for a specific performance date. Services provided on a specific date (such as massages, courses or personal training) do not give the right to withdraw according to § 1837 of the Civil Code.
- In the event of withdrawal from the contract after starting the provision of the service with the client's express consent, the client is obliged to pay the proportional part of the price corresponding to the scope of services already provided.
- The provider is entitled to withdraw from the contract if the client seriously breaches their contractual obligations (e.g. repeatedly fails to provide necessary cooperation even after written request, breaches copyright, unauthorisedly makes the provided services available to third parties, or fails to pay the due amount even after written request with a substitute performance deadline of at least 5 days). Withdrawal from the contract is effective on the date of delivery of written notice to the client. The provider does not refund amounts for services already provided.
- The client has the right to withdraw from the contract in case of material breach of obligations by the provider (service not provided in the agreed quality, provided late without remedy within 5 days of written request, or not fulfilled at all). In such a case, the provider is obliged to refund the proportional part of the agreed price for unexhausted services.
- In the event of death of one of the contracting parties, rights and obligations are inherited in accordance with relevant legal regulations.
- Upon termination of the contract, both parties are obliged to settle all mutual claims without undue delay, unless otherwise agreed.
XIII. Copyright and Licence Terms
- Provider's copyright works. The provider is the exclusive owner of all video materials, text materials and other training documents provided as part of the ordered services (hereinafter "materials"). These materials are protected by Act No. 121/2000 Coll., the Copyright Act, as amended, and represent the provider's copyright works. The client is granted a non-exclusive, non-transferable licence to use these materials exclusively for personal needs and for a limited period of the purchased service package. Unless otherwise agreed, the client is entitled to use the materials for the period agreed within the package; if not expressly agreed, materials are made available for one year from the date of their provision. The client is not entitled to copy, download, modify, reproduce, publicly distribute or incorporate these materials into other works in any way. Breach of these licence terms gives the provider the right to immediately terminate the contractual relationship and claim compensation for damage. The client acknowledges that unauthorised use or distribution of these materials may be prosecuted according to relevant legal regulations.
- Client's copyright works. The client may voluntarily provide their videos or photos documenting their progress as part of the cooperation, which will be uploaded exclusively to pre-agreed and contractually secured platforms. The provider is entitled to use the provided materials exclusively for the purposes of realisation and evaluation of the agreed services, ensuring their confidentiality and appropriate security. The provider undertakes to destroy the materials upon termination of the contractual relationship or at the client's request.
XIV. Digital Content
- If provision of digital content (e.g. videos or other materials) is part of the services, the provider will make it available for the period agreed within the package; unless expressly agreed otherwise, it will be made available for one year from the date of its provision to the client.
- Functionality, compatibility, interoperability and requirements for the digital environment (e.g. specific browser, stable internet, need to install specific applications or platforms) are stated for each service that also includes provision of digital content on the website and in the order.
- Licence to use is governed by Article XIII of the T&C.
- The provider is responsible for the conformity of the digital content with the agreed properties, quality, updates and flawless functionality for the duration of the obligation.
- Upon provision, the client expressly agrees to the start of performance and extinction of the right to withdraw according to § 1837 letter l) of the Civil Code with confirmation according to § 1824a paragraph 2 of the Civil Code.
- Provision of digital content is governed by relevant provisions of the applicable legal regulations, in particular § 2389a et seq. of the Civil Code.
XV. Consumer
- A consumer is any person who, outside the scope of their business activity or independent exercise of their profession, concludes a contract with an entrepreneur or otherwise deals with them. The client will usually be a consumer.
- The consumer enjoys enhanced protection according to applicable legal regulations granted in particular by Act No. 89/2012 Coll., the Civil Code and Act No. 634/1992 Coll., on consumer protection, as amended.
- Since the service provision contract is usually concluded by distance method, the client has the right to withdraw from the contract within the meaning of § 1829 of the Civil Code, with clear exceptions as stated in Article XII. According to § 1837 of the Civil Code, the consumer cannot withdraw from the contract:
- on provision of services if they were fully provided; in the case of performance for payment, only if it started with the consumer's prior express consent before expiry of the withdrawal period, and the entrepreneur informed the consumer that by providing the performance the right to withdraw expires;
- on accommodation, transport of goods, rental of transport means, catering or leisure activities if to be performed according to the contract on a specific date or within a specific period;
- on delivery of digital content not supplied on a tangible medium, after performance has begun; in the case of performance for payment, if it started with the consumer's prior express consent before expiry of the withdrawal period, the consumer was informed that thereby the right to withdraw expires, and the entrepreneur provided confirmation according to § 1824a paragraphs 1 and 2 or § 1828 paragraphs 3 and 4.
- In the case of choice of law different from the law of the client's usual residence as a consumer, the client may always invoke the cogent (imperative) norms of the legal order of their usual residence which cannot be limited or excluded by this agreement.
XVI. Out-of-Court Dispute Resolution
- According to Act No. 634/1992 Coll., on consumer protection, the client as a consumer has the right to out-of-court resolution of a consumer dispute arising from the contract. In such a case, they are entitled to contact the Czech Trade Inspection Authority (Central Inspectorate — ADR Department, Štěpánská 15, 120 00 Prague 2, email: adr@coi.cz, website: adr.coi.cz). Out-of-court resolution is initiated exclusively upon the client's proposal if the dispute could not be resolved directly with the provider. The proposal can be submitted no later than 1 year from the date when the client first exercised their right which is the subject of the dispute with the provider.
- The client has the right to initiate out-of-court dispute resolution online through the ODR platform available at ec.europa.eu/consumers/odr/. The European Consumer Centre Czech Republic (Štěpánská 567/15, 120 00 Prague 2, www.evropskyspotrebitel.cz) is the contact point according to Regulation (EU) No 524/2013 on online dispute resolution for consumer disputes.
- The Czech Trade Inspection Authority carries out supervision of compliance with Act No. 634/1992 Coll., on consumer protection, within the defined scope.
XVII. Final Provisions
- These T&C take effect on the date of their publication on the provider's website.
- The provider reserves the right to unilaterally amend these T&C to a reasonable extent. The client will be informed of the change at least 15 days before the effective date, for example by notice to the client account, by email or other available means.
- In the event of a change to the T&C, the client has the right to withdraw from the contract without sanctions by the date of effectiveness of the amended terms, in written form sent to the provider. If the client does not withdraw by the date of effectiveness of the amended T&C, it is deemed that they agree to the proposed changes.
- These T&C are prepared in accordance with the applicable legal regulations of the Czech Republic, in particular Act No. 89/2012 Coll., the Civil Code, as amended, and Act No. 634/1992 Coll., on consumer protection, as amended.
- The client confirms that they have familiarised themselves with these T&C, understand them and agree to them.
In Kladno (Czech Republic), 01.01.2026 · Kristýna Čočková, MSc.