TERMS AND CONDITIONS FOR DIY POOLS AND SPAS INC.
IMPORTANT: PROPRIETARYMATERIALS INCLUDING ANY AUDIO AND/OR VISUAL PRESENTATIONS, MEMBERS AREA, AND/OR PROGRAMS ASSOCIATED WITH Diy Pools and Spas Inc. BY ACCEPTING SERVICES, YOU ACKNOWLEDGE THAT:
A.YOU HAVE READ THIS AGREEMENT,
- YOU UNDERSTAND IT, AND
- THAT YOU ACCEPT AND AGREE TO BE BOUND BY ITS TERMS.
This Agreement (“Agreement”) is a legal contract between Diy Pools and Spas Inc and the client who agrees to the terms and conditions at checkout.
(collectively the “Parties”).
WHEREAS, Diy Pools and Spas Inc. is engaged in the business of providing pool design, pool plans, and consulting services.
WHEREAS, YOU desire to engage Diy Pools and Spas Inc. to provide pool design, plans, and consulting services to YOU in the form of Audio and/or Visual Presentations, Documents, and periodic personal consulting and evaluation;
NOW, THEREFORE, the Parties agree as follows:
SECTION 1: Service and Program Fees
1.1. Services: Under the terms of this Agreement, Diy Pools and Spas agrees to provide design, plans, and consulting services to YOU in the form of visual documents such as designs and plans, as well as, consulting and evaluation in exchange for a Service Fee. Service Fees will be determined according to paragraph 1.2. below. Your access to services is made conditional on payment of such Service Fee.
1.1.2. Term: The Term of this Agreement will commence upon YOUR acceptance of this Agreement and payment of the applicable Program Fee. YOU agree and understand that upon commencement of the term of this Agreement, you will become a client of Diy Pools and Spas Inc.
1.2. Service Fees: By accepting the terms of this Agreement, YOU agree and understand that you are committing to pay Diy Pools and Spas Inc. through one of the following options:
- “Agreed upon” up-front payment for commencement of services
- “Agreed upon” payment plan for Diy Pools and Spas services - YOU will receive access to and use of Diy Pools and Spas programs and online training, and ongoing consulting services via email, phone, and video conference.
1.3. Promotional Material: By accepting the terms of this Agreement and affirmatively seeking the benefits offered by Diy Pools and Spas Inc., YOU affirmatively agree and acknowledge that Diy Pools and Spas Inc may showcase any shared content or testimonial(s) describing or otherwise referencing, either directly or indirectly, YOUR experience participating in such service(s), including any specific results experienced by YOU over the course of such participation.
1.4. Coaching Duration, Refund Policy, and Guarantees:
Upon enrolling into the program, YOU will receive Consulting in addition to the instruction found inside the program for the duration of your construction project. Our services and agreement will end with the completion of your pool construction.
Love It Or Leave It Guarantee: If you do not love your preliminary design concept or the associated costs are out of your budget, you may request a refund. In order to be eligible for this refund you would have to provide us with documentation of why you do not love the design, or why it will not work for you. If the request is due to budget constraints you must present in writing your budget for the project. If upon review we determine that we can not redesign your project around your budget then you will be eligible for this refund. Your budget must be greater than $30,000 as we do not work with anyone who is not willing to invest at least $30,000 into their pool project. All refund requests must be made within 30 days of purchase to be eligible for a refund. Any eligible refund will be all money paid minus a $350 holding fee to cover credit card fees, commissions, and account setup.
Permit and HOA Guarantee: We will make any necessary corrections to your pool construction plans requested by either your HOA or Building Department. However, if any specialty plans are required that are outside of the scope of our service, you the homeowner will be responsible for obtaining them.
Save Or Don’t Pay Guarantee:
Additionally, Diy Pools and Spas provides a “Save Or Don't Pay” Money-Back Guarantee, meaning that Diy Pools and Spas will provide services as long as it takes to get you results to save a minimum of $10,000 on your pool project. The savings of $10,000 will be based on the average of 3 bids, by reputable and licensed pool companies, on the plans which we provide to you. Your average bid will be weighed in comparison to the sum of the lowest possible bids received by licensed subcontractors. Diy Pools and Spas embodies a “whatever it takes” mentality to get you results, as YOU are our top priority.
This is dependent on the fact that you have taken full action on everything learned inside the program, including:
- Following our resource guides
- Watching all video content
- Executing consulting advice given by DiyPools and Spas
- Following the direction and instructions given to you inside our program.
If the “Save or Don’t Pay” guarantee is requested and upon review, it is discovered that you did not fully implement the above criteria, then the “Save or Don't Pay” Money Back Guarantee is therefore voided. We only offer guarantees to people who follow through on their word and actually take action.
Refund Policy: Outside of our above guarantees we do not offer any refunds for any reason. Diy Pools and Spas does literally everything possible inside of the program to get you results, therefore Diy Pools and Spas abides by a no-refund policy. It would not be fair to our team if we provided you with hundreds of hours of consulting and attention, only for you to ask for a refund.
Additionally, having a mindset of asking for a refund means that you will always give yourself an easy way out, and you will not be held accountable to actually follow through on your pool project. By mentally accepting that there is a refund, you’ll back out as soon as the going gets tough because you know there is always an easy way out to quit. Because we don’t want you to quit on yourself, we have implemented this policy. Therefore, please understand that this no-refund policy and all the above-mentioned guarantees are implemented in YOUR FAVOR to help you succeed.
Conclusively, by accepting the terms of this Agreement, YOU agree and understand that you are foregoing the right to claim any refund of fees paid for access and use of the Program(s) offered by DiyPools and Spas, or claim a dispute/file a chargeback.
SECTION 2: Confidentiality
2.1. Confidentiality: Only authorized users, who have duly obtained access to any services offered by Diy Pools and Spas Inc. by personally agreeing to the terms of this Agreement are permitted to use and participate with such services.
2.2 Intellectual Property: YOU acknowledge and agree that, as between YOU and Diy Pools and Spas Inc, Diy Pools and Spas Inc and its third-party licensors own and shall continue to own all rights, title, and interest in and to the associated intellectual property rights under copyright, trade secret, patent, or trademark laws. Any and all trademarks or service marks that Diy Pools and Spas Inc uses in connection with the services rendered by Diy Pools and Spas Inc are marks owned by Diy Pools and Spas Inc. This Agreement does not grant you any right, license, or interest in such marks, and you shall not assert any right, license, or interest in such marks or any words or designs that are confusingly similar to such marks.
SECTION 3: Miscellaneous
3.1. Nontransferability: The rights and obligations under this Agreement are personal to YOU. YOU may not assign or transfer any rights or obligations under this Agreement.
3.2. Indemnification: YOU will, at your own expense, defend, indemnify, and hold Diy Pools and Spas Inc, its agents, and employees harmless from any and all claims, actions, liabilities, injuries, damages, losses, grants, costs, and expenses, including attorney fees, arising out of or in connection with any use of hired subcontractors and the Program(s) and services of this Agreement.
3.3. Integration: This Agreement, along with any additional terms or policies incorporated herein by reference, represents the entire Agreement between YOU and Diy Pools and Spas Inc concerning the program, and this Agreement supersedes and replaces any prior proposal, representation, or understanding YOU may have had with Diy Pools and Spas Inc relating to the Program, whether oral or written.
3.4. Amendment: Diy Pools and Spas Inc reserves the right, in its sole discretion, to amend this Agreement from time to time by posting an updated version of the Agreement at https://www.diypoolsandspas.com
3.5. Governing law: This Agreement shall be governed by and interpreted in all respects in accordance with the laws of the United States and the state of California. The venue for any dispute shall be in the state of California.
3.6. Attorneys' Fees and Legal Expenses. If any proceeding or action shall be brought to recover any amount under this Agreement, or for or on account of any breach of, or to enforce or interpret any of the terms, covenants, or conditions of this Agreement, the prevailing party shall be entitled to recover from the other party, as part of the prevailing party's costs, reasonable attorneys' fees, the amount of which shall be fixed by the court, and shall be made a part of any award or judgment rendered.
IN WITNESS WHEREOF, each of the Parties has executed this Agreement, both Parties by its duly authorized officer, as of the day and year set forth below.
BY CHECKING THE BOX ON CHECKOUT YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND AGREE TO ALL OF THE AFOREMENTIONED TERMS, INCLUDING THOSE RELATED TO PROGRAM FEES, AUTOMATIC MONTHLY BILLING, STRICT NO-REFUND POLICY, AND CONFIDENTIALITY.