TERMS AND CONDITIONS
The following are the Terms and Conditions which apply to any and all orders, acceptance of estimates, and requests for work to Vicki Diaz Fitness. Any acceptance of estimate, bid or request to order product or do work, is governed by the following Terms and Conditions (“Contract”). “Contracting Party” is any party that accepts an estimate or requests any product or work from Company.
Medical Disclaimer: The information and recommendations provided are not intended to be a substitute for professional medical advice, diagnosis, or treatment. Consult with your medical professional with regard to this information and before beginning any exercise program, nutrition plan and supplement program.
Results Disclaimer: Each individual’s results with any fitness and nutrition program may vary and will be based upon individual’s background, dedication, capacity, previous experience, motivation and level of desire. There are no guarantees concerning the level of success you may experience. The use of any services and/or information and products should be based on your own due diligence.
Dispute Resolution, Venue, Attorneys’ Fees and Waiver of Jury Trial
Mediation – The Parties agree that any claim or dispute relating to this Contract, or any other matters, disputes, or claims between the Parties, shall be subject to non-binding mediation. The Party seeking mediation must submit its demand to the other party in writing, via certified mail, return receipt requested. The Parties shall submit their dispute to a mutually agreeable mediator within sixty (60) days of said notice. Any such mediation shall be held in Collin County, Texas, unless otherwise agreed in writing, and shall be conducted according to the mediation rules of the National Arbitration Forum or the American Arbitration Association. Each Party shall bear its own mediation costs. Prior to and during mediation, the Parties agree not to disparage one another in a public forum, including, but not limited to, the internet, social media sites, the Better Business Bureau, Yelp, Yahoo, Bing, Google, Facebook, or Twitter, by way of example.
Venue – The sole proper venue of any disputes arising from any dispute arising out of services of or the products, shall be in Collin County, Texas.
Attorneys’ Fees – In the event of litigation, the Parties agree that the prevailing party shall be entitled to the recovery of its attorneys’ fees and costs of court.
WAIVER OF JURY TRIAL – THE PARTIES HEREBY UNCONDITIONALLY WAIVE THEIR RIGHT TO A JURY TRIAL OF ANY AND ALL CLAIMS OR CAUSES OF ACTION ARISING FROM OR RELATING TO THEIR RELATIONSHIP. THE PARTIES ACKNOWLEDGE THAT A RIGHT TO A JURY IS A CONSTITUTIONAL RIGHT AND THAT THIS JURY WAIVER HAS BEEN ENTERED INTO KNOWINGLY AND VOLUNTARILY BY ALL PARTIES TO THIS AGREEMENT. IN THE EVENT OF LITIGATION, THIS AGREEMENT MAY BE FILED AS A WRITTEN CONSENT TO A TRIAL BY THE COURT.