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Dispute Resolution Policy
1. Good Faith Resolution
In the event of any dispute, claim, or controversy arising out of or relating to services provided by Big On Loyalty LLC, the client agrees to first attempt to resolve the matter in good faith through informal written communication.
All disputes must be submitted in writing to [email address], including a detailed description of the issue and the desired resolution. Big On Loyalty LLCshall have [14] business days to respond.
2. Mediation
If the dispute cannot be resolved informally within [30] days of written notice, the parties agree to attempt to resolve the dispute through non-binding mediation before initiating any formal legal action.
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Mediation shall be conducted by a mutually agreed-upon mediator.
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Costs of mediation shall be shared equally by both parties.
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Mediation shall take place in [City, State/Country], unless otherwise agreed.
3. Arbitration (Optional but Recommended)
If mediation fails to resolve the dispute, the dispute shall be resolved through binding arbitration, rather than in court, unless prohibited by law.
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Arbitration shall be conducted in accordance with the rules of [American Arbitration Association / local equivalent].
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Arbitration shall take place in [City, State/Country].
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The arbitrator’s decision shall be final and binding, and judgment may be entered in any court of competent jurisdiction.
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Each party shall bear its own legal fees unless otherwise awarded by the arbitrator.
(If you do NOT want arbitration, this section can be replaced with a court jurisdiction clause.)
4. Limitation of Liability
To the maximum extent permitted by law, [Business Name]’s total liability for any claim arising out of or related to the event or services provided shall not exceed the total amount paid by the client for the event.
Under no circumstances shall [Business Name] be liable for indirect, incidental, consequential, special, or punitive damages, including but not limited to lost profits, emotional distress, or reputational harm.
5. Attorney’s Fees
In any legal action or arbitration arising out of this agreement, the prevailing party shall be entitled to recover reasonable attorney’s fees and costs, unless prohibited by law.
6. Governing Law & Venue
This policy shall be governed by and construed in accordance with the laws of the [State/Country], without regard to conflict-of-law principles.
Any legal action not subject to arbitration shall be brought exclusively in the courts located in [County, State/Country].
7. Class Action Waiver
To the extent permitted by law, clients agree that disputes shall be resolved on an individual basis only. Clients waive any right to participate in a class, collective, or representative action against [Business Name].
8. Time Limitation on Claims
Any claim or dispute must be brought within [one (1) year] of the event date or the date the claim arose, whichever is earlier, or such claim shall be permanently barred.
9. Severability
If any provision of this Dispute Resolution Policy is found to be unenforceable, the remaining provisions shall remain in full force and effect.
10. Acceptance
By booking an event, signing a contract, or submitting payment, the client acknowledges that they have read, understood, and agreed to this Dispute Resolution Policy.
