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Terms and Conditions

The following Terms and Conditions govern the Coaching Agreement between the Client named above and JMB Enterprises LLC, dba Diamond Diva Academy, and its affiliates, sub-contractors, or assigns, entered into effective as of the date of Client’s signature on the Coaching Agreement (“Effective Date”). Client and Diamond Diva Academy / Only Results are each referred to as a “Party” and collectively as the “Parties.”

• PAYMENT TERMS. Client shall pay the amount (the “Fee”) agreed to above, regardless of whether Client completes the Coaching program. Client also agrees to pay all taxes, licenses, and fees levied or assessed on Client incident to the Coaching Agreement or Coaching Services by any governmental agency and unemployment compensation insurance, old age benefits, social security, or any other taxes upon the wages of Client, its agents, employees, and representatives.
• TERM. The Coaching Agreement shall expire according to the term indicated on this agreement, and Client understands and agrees that it shall have no right to receive any Coaching Services following expiration of the Coaching Agreement.
• INTELLECTUAL PROPERTY. DDMA/Only Results retains all right, title and interest in any and all intellectual property related to or associated with the Coaching Services, including without limitation: (a) patent rights (including patents and patent applications, whether registered or unregistered), trade secrets, trademarks and trademark applications (whether registered or unregistered), service marks and service mark applications (whether registered or unregistered), copyrights and copyright applications (whether registered or unregistered), mask works, and any other confidential information pertaining to such intellectual property rights; (b) any right to use or exploit any of the foregoing; and (c) any other proprietary right arising under the laws of the United States. Client understands and agrees that neither the Coaching Agreement nor the provision of Coaching Services by DDMA/Only Results shall constitute a transfer, assignment, or license of any intellectual property rights from or by DDMA/Only Results. Client acknowledges that the content of the Coaching Services, including without limitation the materials and information provided to Client as education, is confidential and proprietary to DDA/Only Results; accordingly, Client agrees that it shall not communicate the teachings, materials, or information acquired or learned from DDA/Only Results to any other person. Client acknowledges that communicating the content of any Coaching Services to another person would work substantial and irreparable injury to DDA/Only Results and that, notwithstanding any other provision of these Terms and Conditions, DDA/Only Results is entitled to obtain a temporary, preliminary, or permanent injunction from any court of competent jurisdiction, as necessary to prevent such injury. 
• INDEMNITY. Client agrees to protect, defend, indemnify and hold harmless DDA/Only Results, its officers, directors, employees or their invitees, from and against all claims, demands, and causes of action of every kind and character without limit arising out of Client’s receipt of Coaching Services or actions taken in response thereto. Client’s indemnity under this Section shall be without regard to and without any right to contribution from any insurance maintained by DDA/Only Results. Client’s agreement to defend and indemnify DDA/Only Results includes, but is not limited to, any claim for personal injury sustained while receiving any Coaching Services or acting on or according to any Coaching Services received.
• NO WARRANTY. DDA/Only Results disclaims all warranties, express or implied, including without limitation the warranty of fitness for a particular purpose, in connection with the Coaching Agreement or the Coaching Services. Client agrees that the Coaching Services are provided without warranty of any kind or description. DDA/Only Results has made no representations, promises, or warranties, and expressly disclaims any warranties, relating to the amount of weight Client may lose or fitness level Client may obtain via the Coaching Services.
• LIMITATION OF LIABILITY. CLIENT AGREES THAT IN NO EVENT SHALL DDA/ONLY RESULTS FITNESS LIABILITY TO CLIENT FOR ANY CLAIM OF ANY KIND OR DESCRIPTION EXCEED THE AMOUNT PAID BY CLIENT TO ONLY RESULTS FITNESS IN THE MONTHS PRECEDING THE FACTS GIVING RISE TO ANY CLAIM BY CLIENT. CLIENT WAIVES ANY RIGHT TO SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND OR DESCRIPTION.
• FORCE MAJEURE. Except for the duty to make payments hereunder when due, and the indemnification provisions under this Agreement, neither DDA/Only Results nor Client shall be responsible to the other for any delay, damage, or failure caused by or occasioned by a Force Majeure Event. As used in this Agreement, “Force Majeure Event” shall mean: Any act of God, act of nature or the elements, terrorism, insurrection, revolution or civil strife, piracy, civil war or hostile action, labor strikes, acts of public enemies, federal or state laws, rules and regulations of any governmental authorities having jurisdiction over the premises, inability to procure material, equipment, or necessary labor in the open market, acute and unusual labor, material, or equipment shortages, or any other causes (except financial) beyond the control of either Party. Delays due to any of the above causes shall not be deemed to be a breach of or failure to perform under this Agreement. Neither DDA/Only Results nor Client shall be required against its will to adjust any labor or other similar dispute except in accordance with applicable law.
• CONFIDENTIALITY. The Parties shall hold the Coaching Agreement and these Terms and Conditions confidential, and shall only disclose the same as required by law. 
• ARBITRATION/CLASS ACTION WAIVER. Any claim or grievance of any kind, nature or description that Client has against DDA/Only Results, including, but not limited to, economic losses, personal injury, or property damage, shall be exclusively in final and binding arbitration in Pennsylvania. The law of the Commonwealth shall apply to any dispute, without regard to conflict of laws principles. Client agrees not to file suit against DDA/Only Results, any of its affiliates, subsidiaries, officers, directors, or employees. The arbitration will take place before a single arbitrator (hereafter, “Arbitrator”) agreed upon by Client and DDA/Only Results. In the event that Client and DDA/Only Results are unable to reach an agreement on an Arbitrator, Client and DDA/Only Results will each select an arbitrator, and the two of them will select an Arbitrator, residing in or within 25 miles of Newtown Square, Pennsylvania, who will arbitrate the dispute. The arbitrators selected by Client and DDA/Only Results will have no further involvement in the arbitration. The Party initiating arbitration will do so by submitting a written demand for arbitration to the other Party. The receiving Party must respond within 14 days by providing the claimant a list of proposed arbitrators. Within seven (7) days thereafter, Client and DDA/Only Results must either agree upon an Arbitrator, or each select an arbitrator for the purpose of appointing the Arbitrator. The dispute will be subject to rules of arbitration as determined by the Arbitrator. Any claim must be brought in arbitration within one (1) year from when the claim arises. By accepting this Agreement, you agree that no other limitations period applies. Client does not have the right to participate in a representative capacity or as a member of any class of claimants pertaining to any claim subject to arbitration. There is no right or authority for any claim Client has against DDA/Only Results to be arbitrated on a class action basis or on any basis involving claims brought in a purported representative capacity on behalf of the general public or on behalf of other persons or entities similarly situated. Claims brought against DDA/Only Results may not be joined or consolidated with claims brought by anyone else. Each Party will bear its own costs and attorneys’ fees, regardless of which Party, if either of them, is deemed the prevailing party. The decision of the Arbitrator will be final and binding on the Parties and may be reduced to a judgment in any court of competent jurisdiction. This agreement to arbitrate survives any termination or expiration of the Coaching Agreement. Nothing in these Terms and Conditions prevents DDA/Only Results from applying to and obtaining from any court having jurisdiction a writ of attachment, a temporary injunction, preliminary injunction, permanent injunction, or other relief available to protect DDA/Only Results’ interest prior to, during, or following the filing of any arbitration or other proceeding
• GOVERNING LAW. This Agreement shall be governed, construed, and interpreted in accordance with the laws of the Commonwealth of Pennsylvania, without regard to any choice of law provisions.
• ENTIRE AGREEMENT. The Coaching Agreement and these Terms and Conditions represent the entire agreement between the Parties and supersede any other written or oral agreement between the Parties. In the event that the terms of this Coaching Agreement conflict with or are contrary to the terms of any other agreement between the Parties, the terms of this Coaching Agreement shall control.
• AMENDMENTS. The Coaching Agreement and these Terms and Conditions shall not be amended except in writing signed by both Parties.
• NO WAIVER. No waiver by either Party of any of the Terms and Conditions or provisions of the Coaching Agreement shall be effective unless the waiver is in writing and signed by an authorized representative of both Parties.
• SEVERANCE. In the event any provision of the Coaching Agreement or these Terms and Conditions is inconsistent with or contrary to any applicable law, rule, or regulation, the provision shall be deemed to be modified to the extent required to comply with the law, rule, or regulation, and this Coaching Agreement and these Terms and Conditions, as so modified, shall continue in full force and effect.
• NO ASSIGNMENT. The Coaching Agreement cannot be assigned by the Client to another Party. The Coaching Agreement may be assigned by DDA/ Only Results Fitness without the prior written consent of the Client.