GENERAL TERMS AND CONDITIONS “GTC”

GENERAL TERMS AND CONDITIONS “GTC” 2026

These apply to therapeutic counseling, coaching and training provided by SM Training & Counseling between the therapist, Sergei Malkin and the client / clients / participants

1. Appointment Booking and Confirmation

• Informed Consent: By booking an initial intake session, the client explicitly confirms to have read and to agree to these General Terms and Conditions.
• The client also fills in an intake form in which the client explicitly gives consent to the collaborative exploration. Additionally the client must select preferences for privacy and data protection. If no option is selected, the client agrees to “Yes” option.
• Prepayment Requirement: To schedule and secure the client’s initial intake session, the client must agree to these Terms and Conditions and prepay the session fee in full.
• 48-Hour Deadline: Payment must be successfully processed at least two (2) working days (48 hours) prior to the scheduled session time.
• Definitive Confirmation: The appointment is only definitively confirmed once full payment has been received. If payment is not received within this timeframe, the provisional timeslot will be released to other clients.

 

2. Purpose of the Intake Session

 

• Collaborative Exploration: The intake session serves as a preliminary consultation. During this session, the client and the therapist will jointly explore the client’s request for help, discuss potential treatment options, and evaluate the possibilities for future collaboration.
• Commencement of Treatment: Please note that the intake session itself constitutes the formal start of the assessment and treatment process. Hiwever it does not guarantee or obligate either party to a long-term treatment contract.

 

3. Treatment Agreement

 

• If the client has agreed on a new date for a follow-up meeting after the intake session, this confirms a treatment agreement. This treatment agreement is recorded in writing.
• The treatment agreement is twofold:

 

A. The therapist and the client agree to collaborate for a certain period in the therapist-client relationship. B. The treatment serves the client’s request for help and agreed treatment goals. The therapist will ask the client to formulate the preferred goals during or after the intake. These can be adjusted during the process with mutual consent.

 

• The intake session will facilitate the collaborative, during or after which therapist and client agree on a treatment plan. This treatment plan will facilitate the client’s therapeutic learning within mutually agreed working arrangements and methods.

 

4. Termination of Treatment Agreement

Treatment Agreement can be terminated in the following ways or under the following circumstances:

a. Therapist and client jointly determine that no more sessions are necessary;

b. The client indicates verbally, in writing or via email that the client no longer wishes to continue;

c. The therapist indicates, verbally, in writing or via email, that he will no longer give sessions;

d. Client repeatedly fails to comply with the general provisions of the General Terms & Conditions, or with the treatment agreement, or with any agreements made between client and the therapist during the sessions;

e. Given the evolution of client’s goals or/and progress, the therapist no longer considers himself competent to treat / guide the client. This is certainly the case when the problem is directly related to contraindications.

f. Treatment Agreement ends by operation of law if no session has been agreed for longer than three months (3 months) after the last session, unless expressly agreed otherwise between therapist and client; 


 

5. Fees and pre-payment rule (48-hour term)

• Booking an intake or upon entering into this agreement, a specific fee per session is established and is a part of the formal treatment agreement. (You can find this information in the section fees and reimbursement section on the website).
• Pre-payment must be successfully processed at least two (2) working days (48 hours) prior to the scheduled session time. The client must prepay the next session with at least 48 hours before the start. The client will receive the invoice by email after each session.

 

6. Duration of sessions

• The individual sessions will last 50 minutes, unless explicitly agreed differently between therapist and client. The double individual session can be requested and mutually agreed (although not recommended). The double individual session lasts 90 minutes to remain effective.
• Sessions should be planned with mutual consent to take place on a regular basis for the sake of continuity and more sustainable results.
• The regular couple counseling or couple therapy session will last 75 minutes. In addition, the maximum time for couple therapy session with two people is 90 minutes without break. The couple can request longer sessions but subject to discuss with a therapist.

 

7. Re-intake / resuming treatment

• If the provisions of paragraph 4d apply, the client can, at any time after, request re-intake. In this case, a new treatment agreement is be discussed and agreed, possibly with a different fee.

8. 8. Client’s File and File Management

 

• The care provider is legally obliged to keep records. All sessions are concisely reported by the healthcare provider. The client has the right to request in writing to view these reports. The file remains the property of the care provider. The file will be destroyed 20 years after completion of the process of the client’s treatment or the last moment of contact.
• The care provider has a duty of confidentiality and will handle the client’s file carefully and confidentially. Information can only be requested in writing by and/or provided to the client, who can choose to share it with other care providers, family, employer or other involved parties. The client will be informed about risks involved and discretion necessary.
• Matters such as the right to information, contact in the context of privacy and consent for treatment are laid down in the Dutch Medical Treatment Agreement Act (WGBO) and the guidelines of the umbrella and professional association (NVPA and RBCZ). This can be requested from the healthcare provider.
• The client is fully responsible for providing the correct information, whether solicited or unsolicited, during the treatment process. The client is also fully responsible for his own process. This means that if the client feels that the treatment is not helping, of he/she/ they do(es) not understand something or disagree, the client must indicate timely. This also applies to any changes regarding medication use, health, health insurance, general practitioner, name and address details, etc.
• The therapist keeps a file of data pertaining to treatment (intake form, written communication and other relevant documents). The client can request to inspect the file or issue a synopsis of treatment. This request must be made to the care provider in writing . (Part of) the file will be copied for a fee of 10ct per page.
• If the client, client’s GP or other specialist requires a written synopsis of the treatment, an invoice will be sent to the client. This invoice covers a minimum of one hour work at the hourly fee agreed in the agreement with the client.
• Regular evaluation sessions take place in which the client and the therapist verbally report on the client’s developments within the therapy.

 

9. Confidentiality

 

• The therapist adheres to a duty of confidentiality. Client data will only be handed over or communicated to the requested third parties after client’s expressed consent which is to be indicated in the intake form or by client’s specific written request.
• All interactions, including scheduling or attendance, session reports, progress records, and the client’s data are strictly confidential. No record is contained in any academic, educational, or job placement file. The client may request in writing that the client’s therapist release specific information about the client’s counselling to persons the client specifically designate.

 

• EXCEPTIONS TO CONFIDENTIALITY:
• If there is evidence of clear and imminent danger of harm to self, and/or harm to others, therapist is legally required to report this to the authorities.
• The law requires that Professional Care Services who learn of, or strongly suspect, physical or sexual abuse or neglect of any person under 18 years of age must report this information to child protection services.
• A court order, issued by a judge, may require the therapist to release information contained in records and/or require a therapist to testify in a court hearing.

 

10. Referrals

 

• The client can apply for an intake without a referral from a doctor or specialist. However, if additional information is required, the therapist will request permission to contact the client’s GP, occupational health and safety doctor or another specialist. This is always done in consultation with client and with the client’s explicit consent. The client is to sign consent to share the information. If a different type of treatment is desired, the therapist will refer the client to another healthcare institution or specialist.

11. Attendance and Cancellation

 

• The client understands the importance of planning, continuity and attendance. Prompt arrival for appointments is highly appreciated. The client is requested to be on time at the agreed slot and notify the therapist about late arrival. If client arrived late, the time slot cannot be extended.
• The client can cancel an appointment by email or direct message. Please note: Late cancellations with less than 48 hours’ notice will be fully charged. The 48 hours’ notice allows the care provider to use the slot for others.
• If the client is ill and informs the care provider promptly, the cancellation will not be charged. If the care provider is ill, the therapist will inform the client promptly. No replacement will take place. The session will be rescheduled.In the event of long-term illness, a replacement of care provider will be arranged in consultation with you, or the treatment will be stopped.

 

12. Reimbursement (Insurance)

 

• The care provided by SM Training & Counseling is generally not covered by basic insurance.
• If the client is insured with Dutch Insurance company and has supplemental policy, the client may be eligible for reimbursement of (part of) the treatment cost. The client is requested to make inquiries with the insurance policy and verify the conditions.

 

13. In-company services & trainings

 

• The healthcare provider works as a self-employed professional. If necessary, a model agreement can be concluded for companies whose employees make use of the practice offering for providing In-company services for individual (executive) coaching, team and leadership development trainings, and workshops.

 

14. Ethics, Code of conduct, Complaints

 

• The therapist is affiliated with the professional association NVPA.The rules, standards and ethics of this professional association apply to the therapist. (https://nvpa.org/ )
• The client can report complaints about the therapist to this professional association. https://nvpa.org/content/voor-clienten-1
• The therapist is also registered with the center for complaints and disputes in complementary care SCAG. (https://www.scag.nl/ )
• The client shall behave like a guest and adheres to the therapist’s inhouse rules. Smoking (including vape), drinking alcohol or using substance is not allowed during a session. Drinking alcohol prior to the session can lead to the cancellation without refund.
• The costs of destruction of the therapist’s property by the client will be recovered from the client.
• Any form of abuse of the therapist by the client will be always reportedto the police.

 

14. Liability

 

• This therapeutic practice has professional / business liability insurance. This liability insurance protects S.Y Malkin/ SM Training & Counseling against the financial consequences of mistakes made or damage caused during the exercise of the profession and in practice. If the healthcare provider is found liable for damage suffered, the conditions of the insurer’s professional and business liability insurance apply.
• Y Malkin/SM Training & Counseling is not liable for any adverse consequences that have arisen because the client has provided incorrect or incomplete information, or because the client has known an available information in the medical files of a doctor/specialist or other practitioner, has not provided.
• Y Malkin / SM Training & Counseling is not liable for damage caused to the client’s property by parking on or entering the grounds of the (coaching) rooms rented by the therapist, nor for other damage caused by entering the practice, the hall and using the toilet.
• Y Malkin / SM Training & Counseling is not liable for material damage the client has suffered by visiting the practice. This also applies to lost items or damage to the client’s materials during or after a visit to the practice.
• Y. Malkin / SM Training & Counseling is legally obligated to report incidents in the practice to the agencies.

15. Reporting code for domestic violence and child abuse

 

• The reporting code regulates how the healthcare provider deals with reporting domestic violence and child abuse. Every healthcare provider despite professional confidentiality duty has the right and obligation to report suspicions of child abuse based on the Youth Care Act. The right to report includes the right to provide information about the parents and/or child at the request of the Child Abuse Reporting Center, if necessary, without the consent of the child and/or parent.

16. Privacy / Personal Data Protection

• Y Malkin/ SM Training & Counseling keeps track of personal data of clients and is therefore subject to EU regulations (GDPR). The client can find more information about this on the website, such as the privacy statement.
• For proper treatment, it is necessary that the therapist, as treating clinician, create a file. This is also legally established in the Health Treatment Agreement Act (WGBO). The client’s file contains notes about client’s health status and information about treatment. The file may also include information that is necessary for treatment and that, after client’s explicit permission, requested from another healthcare provider, such as GP.

 

 

• The therapist will make sufficient effort to guarantee client’s privacy. This means, among other things, that:

 

– client’s personal and medical data is handled with care,

– unauthorised persons do not have access to the client’s data,

– the treating therapist is the only person who has access to the data in the file,

– the therapist has a legal obligation of confidentiality (professional secrecy).

 

• This data in the client file will be kept for 20 years as required by the law on treatment agreements.

17. Possible release of the data to the third parties

 

• The data from the client’s file can also be used for the following purposes:

 

– To inform other healthcare providers, for example when therapy has been completed or when a referral is made to another practitioner. This only happens with the client’s prior explicit permission and/ or request.

– For observation use during my absence.

– For anonymised use during peer review.

– A very small part of the data from the client’s file is used for financial administration (date of session, address, and fee) so that I or my administrator can draw up an invoice.

• If the therapist wants to use client’s data for another reason, the therapist will first explicitly ask for client’s permission.

 

18. Privacy on the healthcare invoice

 

• The care invoice the client receive contains the information requested by the health insurer, so that the client can declare this invoice to the client’s health insurer:

 

– the client’s name, address and place of residence

– the client’s date of birth

– the date of the treatment

– a brief description of the treatment

– performance code: xxxx- Psychosocial therapy treatment

– the costs of the consultation

 

19. Payment Terms

 

Article 1

All provisions of the WBGO Act (Book 7, Title 7, Section 5 of the Dutch Civil Code, except for the Dutch Civil Code found in the Government Gazette no. 837 of 1994) apply to this treatment agreement.

 

Article 2

An appointment with an NVPA therapist must be canceled 48 hours before the appointment time if the client is unable to attend. In the event of late cancellation or non-cancellation, the consultation will be fully charged.

 

Article 3

All sessions must be prepaid at least 48 hours before the slot to guarantee the booking. The invoice will be sent by the therapist after the session for the administrative purposes.

 

Article 4

If the planned session is not prepaid at least 48 hours before, the provisional timeslot will be released to other clients.

 

Article 5

If a client buys a package deal (number of sessions), the bill will be sent to the client. The invoice sent by the therapist must be paid within 14 days of the date.  If payment is not made within 14 days, the client is in default. The therapist will send a written reminder and has the option to charge 1% interest per month without further notice of default.

 

Article 6

After thirty days, the therapist is entitled to send a payment reminder, for which a fee of €25 may be charged. If the invoice has not been paid within 14 days after sending the payment reminder, the therapist is entitled to take a collection measure. The costs of the collection measure will be borne by the client.

 

Article 7

When taking measures in accordance with Articles 4, 5 and 6 for payment, this must be done in good faith and in reasonableness and fairness.
Force majeure on the part of the client must be discussed with the therapist at any time.  The damage to the care process due to non-payment must be limited as much as possible by the therapist and client.

 

20. Applicable law

The legal relationship between healthcare provider and clients is exclusively governed by Dutch law. All disputes regarding or in connection with that legal relationship can be settled by the competent court in The Hague, in addition to the competent court under the law.