One-on-One Customer Terms & Conditions
This Agreement is entered into by and between you, the customer (hereinafter “you” or “your” as the context provides and Other Voices, Inc., a California Corporation doing business as “OTRA VOX” (hereinafter referred to as “OV” or “we” or “us”). Please check the box to indicate that you have read this Agreement, discussed any questions with us, and agree to abide by the policies in this Agreement.
1. Description of Services. OV will provide one-on-one Advisor services designed to help you develop your practice. All sessions are one hour long and are taken remotely through video conference.
2. Fees. Sessions are $150 each. Fees must be paid in advance to reserve a session.
3. Rescheduling, cancellations, missed sessions, and refunds. If you need to reschedule a session, you must do so at least 48 hours in advance of your scheduled session in order to credit your fee toward a new session. If you reschedule a session with less than 48 hours notice, then your original session fee will be forfeited and a new session fee will be due to reserve a new time. No refunds will be granted for canceled or missed sessions.
OV reserves the right to reschedule a session and will coordinate a new time with you. In this event, your fee will be transferred regardless of proximity to the original appointment. No refunds will be granted for sessions rescheduled by OV unless there are no other appointments available.
4. Confidentiality. All information disclosed within Advisor sessions is confidential between you, your Advisor, and Otra Vox and will not be revealed to any third parties without written or verbal permission except where disclosure is required by law and ethical standards. Disclosure may be required in the following circumstances: (a) where there is a reasonable suspicion of child abuse; (b) where this is a reasonable suspicion of elder abuse; (c) where this is a reasonable suspicion that you present a danger to others; and/or (d) where there is reasonable suspicion that you present a danger to yourself unless protective measures are taken. Disclosure may also be required pursuant to legal proceedings where my mental state is at issue.
Furthermore, you acknowledge and agree that sessions cannot be recorded for any purpose.
5. Disclaimer. You hereby acknowledge and agree that the following: You acknowledge that One-on-Ones are a comprehensive process that may involve different areas of your life, including work, finances, health, relationships, education, and recreation. You agree that deciding how to handle these issues, incorporating advice into those areas and implementing choices is exclusively your responsibility; One-on-Ones are not meant to be a substitute for Professional Advice and we make no warranties, express or implied, as to the completeness, accuracy, or appropriateness for any purpose of any information or instruction provided through the sessions; You understand that in order to enhance the quality of the session, you agree to communicate honestly, be open to feedback and assistance, be the active participant in your goals, and to create the time and energy to participate fully. You understand that OV or the Advisor has the right to cancel our session if your submission endorses any form of hate or hate group; appears to duplicate any other submitted submission; contains copyrighted materials owned by others or any trademarks, names or logos owned by others; communicates messages inconsistent with the positive images and/or good; and/or violates any law.
6. Advisors. You acknowledge and agree that the Advisors hosting the sessions may be subcontractors of OV.
7. Limitation of Liability. YOU UNDERSTAND THAT IN NO EVENT WILL OV BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES REGARDLESS OF WHETHER SUCH LIABILITY IS BASED ON BREACH OF AGREEMENT, TORT, STRICT LIABILITY, BREACH OF WARRANTIES, FAILURE OF ESSENTIAL PURPOSE OR OTHERWISE, AND EVEN IF ADVISED OF THE LIKELIHOOD OF SUCH DAMAGES. OV’S LIABILITY UNDER THIS AGREEMENT SHALL IN NO EVENT EXCEED, IN THE AGGREGATE, THE ACTUAL AMOUNT PAID AS FEES PURSUANT TO THIS AGREEMENT.
8. Entire Agreement. This document reflects the entire agreement between you and OV, and reflects a complete understanding of the parties with respect to the subject matter. This Agreement supersedes all prior written and oral representations. The Agreement may not be amended, altered or supplemented except in writing signed by both you and OV.
9. Governing Law. The validity, interpretation, construction and performance of this Agreement shall be governed by the laws of the State of California.
10. Dispute Resolution. If a dispute arises out of this Agreement that cannot be resolved by mutual consent, the parties agree to attempt to mediate in good faith for up to 30 days after notice given of the dispute. If the dispute is not so resolved, and in the event of legal action, either party may commence arbitration proceedings as defined below.
11. Binding Arbitration. ANY DISPUTES ARISING OUT OF OR RELATING TO THIS AGREEMENT MUST BE SUBMITTED TO BINDING ARBITRATION TO BE HELD IN LOS ANGELES COUNTY, CALIFORNIA UNLESS THE MATTER CAN BE RESOLVED IN SMALL CLAIMS COURT, IN WHICH CASE THE MATTER SHALL BE SUBMITTED TO SMALL CLAIMS COURT IN LOS ANGELES COUNTY, CALIFORNIA, AND YOU EXPRESSLY CONSENT TO JURISDICTION THEREIN. ALL FEES SHALL BE BORNE EQUALLY BY THE PARTIES DURING THE ARBITRATION, HOWEVER UPON A JUDGMENT BEING REACHED, THE PREVAILING PARTY SHALL BE ENTITLED TO RECOVER FROM THE OTHER PARTY ALL COSTS AND EXPENSES, INCLUDING REASONABLE ATTORNEY’S FEES AND ARBITRATION COSTS IN ADDITION TO ANY OTHER RELIEF TO WHICH IT MAY BE ENTITLED.
12. Severability. If a court of law holds any provision of this Agreement to be illegal, invalid, or unenforceable, such provision shall be deemed amended to achieve the effect that is as near as possible to that provided by the original provision and the legality, validity, and enforceability of the remaining provisions of this Agreement shall not be affected.
13. Waiver. The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement.
14. Binding Effect. This Agreement shall be binding upon the parties hereto and their respective successors and permitted assigns.
15. Questions. You acknowledge that you have had the opportunity to review this Agreement and its terms and that OV has spoken to you about the contents of this Agreement and answered all your questions, if any, to your satisfaction.
If you have any questions, do not hesitate to reach out to us at firstname.lastname@example.org.