Terms & Conditions (Algemene Voorwaarden) – Amsterdam Creatief

1. The Agreement & Scope

By completing a booking and paying tuition, you enter into a binding Agreement of Instruction with Watrous Guides (KVK #____________), trading as Amsterdam Creatief. These terms apply to all vocational training, short courses, and mentorship residencies. As the residency is a holistic vocational process, the curriculum is non-severable. No pro-rata refunds or exemptions are granted for prior experience or skipped components. Participation does not grant legally recognized degrees or ECTS credits.

2. Information & Transparency

2.1 Truthful Representation: All information regarding course levels and objectives is a fair reflection of the vocational training offered.

2.2 Study Load: Tuition includes the total study load (Prep, Intake, Field, and Synthesis). Any physical materials (film, paper, etc.) to be purchased by the participant will be disclosed in advance.

2.3 Response Times: Jacob Watrous and Amsterdam Creatief strive to answer administrative questions within 48 hours. If a query requires extensive research, a confirmation of receipt will be sent within that time with an estimated resolution date.

3. Payment & Registration

3.1 Tuition: To secure a residency, 100% of the tuition is payable at the time of enrollment. This ensures the immediate commencement of the Bespoke Curriculum Design phase. Payment constitutes acceptance of these Terms & Conditions.

3.2 Installments: For advanced mentorship programs exceeding €1,000, a structured payment plan may be requested.

3.3 Refund Processing: All valid reimbursements (e.g., in the event of an instructor-led cancellation) will be processed within 14 days.

4. Right of Withdrawal (14-Day Cooling-off Period)

4.1 Standard Rule: In accordance with Dutch law, consumers have a statutory 14-day cooling-off period to cancel their registration without penalty.

4.2 Waiver for Immediate Service: If a residency is scheduled to begin within 14 days of booking, the participant must explicitly check the waiver box on the booking form. By doing so, the participant requests that Amsterdam Creatief begins the Bespoke Curriculum Design immediately, thereby waiving the right of withdrawal once the service has been initiated.

4.3 B2B Exception: The 14-day cooling-off period does not apply to bookings made on behalf of a company or employer.

5. The Two-Phase Instructional Model & Cancellations

5.1 Phases: A residency consists of two distinct phases: (Phase 1) Preparation, Intake, and Roadmap Architecture; and (Phase 2) The Field Study.

5.2 Customization Fee: Upon the commencement of Phase 1 (Intake & Roadmap Architecture), the Participant acknowledges that Amsterdam Creatief performs significant proprietary, bespoke instructional design. Should the Participant cancel after Phase 1 has started, the Participant is liable for 50% of the total tuition. This amount represents the reasonable value of the services and intellectual labor already performed during the Preparation and Architecture phase.

5.3 Short-Notice Cancellations: Cancellations made within 48 hours of the scheduled Field Study are non-refundable, as the bespoke curriculum is finalized and the instructional window has been exclusively reserved.

5.4 Weather as Opportunity: Sessions proceed in all weather conditions unless the KNMI issues a Code Orange or Red warning. While sessions proceed in most weather, the Participant is responsible for providing adequate weather protection for their own equipment. The Consultant is not liable for equipment damage due to environmental exposure. If Amsterdam Creatief cancels due to safety, a full refund or reschedule is offered.

6. Confidentiality, Privacy & Copyright

6.1 Confidentiality: All proprietary creative workflows and business strategies shared by participants are treated with strict confidentiality by Amsterdam Creatief in accordance with its privacy policies:

6.2 GDPR: Data is used solely for session design and logistics in compliance with Dutch privacy laws.

6.3 Intellectual Property: Amsterdam Creatief remains the copyright owner of all course materials. Participants receive personal-use rights for their individual copies.

7. Use of Participant Work & Vocational Case Studies

7.1 Consent-Based: After your field study, Jacob Watrous or Amsterdam Creatief may ask your permission to utilize visual records (sketches/photos) produced during a session for educational "Case Studies". These visual records and information will only be used with the express voluntary written consent of the Participant.

7.2 Anonymization: Case studies utilize the Participant’s first name and last initial only to protect professional identity. Consent can be withdrawn at any time via email.

8. Complaints Procedure & Binding Appeal

8.1 Internal Resolution: Complaints must be submitted in writing to jacob@amsterdamcreatief.nl. We will acknowledge receipt within 48 hours and provide a formal written response within 4 weeks. Records are kept for 2 years.

8.2 Independent Third Party: If a dispute cannot be resolved internally, it will be referred to an independent mediator (e.g., Stichting Geschillencommissie).

8.3 Binding Decision: The decision of the independent third party is binding. However, if the Participant is a consumer (B2C), they have the right to opt for settlement by the competent civil court in the Netherlands within one month after Amsterdam Creatief has invoked this clause in writing.

9. Liability & Indemnification

9.1 Standard of Liability: Jacob Watrous and Amsterdam Creatief are not liable for any damages, loss, or theft of the Participant’s property, nor for any personal injury, unless caused by the intent (opzet) or willful recklessness (bewuste roekeloosheid) of Jacob Watrous or Amsterdam Creatief.

9.2 Insurance & Financial Limitation: Any liability of the Consultant is strictly limited to the amount actually paid out under the Consultant’s professional liability insurance for the claim in question. If, for any reason, no insurance payment is applicable, the Consultant’s total liability for any claim arising out of or in connection with the residency, workshop, or mentorship shall be limited to the total fee (excluding VAT) paid by the Participant for that specific assignment.

9.3 Environmental & Third-Party Risk: The Consultant operates in public and private urban environments and third-party venues. The Consultant is not responsible for the condition, safety, or accessibility of these external environments. Participants are solely responsible for their own physical safety, fitness for the walking components of the residency, and the security of their personal property.

9.4 Third-Party Indemnification: The Participant shall indemnify and hold Jacob Watrous and Amsterdam Creatief harmless against any and all third-party claims (including, but not limited to, claims from venue owners, property managers, or other participants) arising from the Participant’s actions, conduct, or negligence during the execution of the residency.

9.5 Professional Outcome: While the Consultant provides high-level vocational training, the "Architecture of Seeing" is a subjective creative process. The Consultant is not liable for the Participant’s failure to achieve specific professional, commercial, or creative milestones following the residency.

10. Termination for Cause

The Consultant reserves the right to terminate the residency immediately and without refund if the Participant engages in illegal activity, harassment, or behavior that threatens the safety of the Consultant or the public. In such cases, the full fee remains earned by the Consultant.

11. Applicable Law

This Agreement is governed exclusively by Dutch Law. All disputes shall be submitted to the competent court in the district where Amsterdam Creatief is registered (Amsterdam, Noord-Holland).