Terms & Conditions

By entering your credit card information, typing your name in the designated space, or otherwise enrolling, electronically, verbally, or otherwise, in our coaching, or consultation services, you (“Client”) are entering into this legally binding Counseling, Coaching, Consultation, or

Workshops Agreement (“Agreement”) with Dr. Kibby Otoo (2Honor, LLC) (“Company”), a Virginia Company. Subject to the terms and conditions as set forth herein, the client retains the company, and the company hereby accepts the client’s retention to perform services described herein.

  1. Scheduling/Absences. If the client needs to reschedule an individual session, the client shall notify the company by email to drkibbyotoo@gmail.com no later than forty-eight

(48) hours before the start of the scheduled individual session. If the client reschedules fewer than forty-eight hours before the start of the scheduled individual session, then the company may, in its sole discretion, refuse to reschedule the session, the client will forfeit the session, and the company shall not issue a refund for any payment made if any. All

 

the sessions in each designated agreement or program shall be scheduled and completed within the three-month designated timeframe of the program from the date of signature on the agreement. If a coach or counselor is ill, there is severe weather or other emergencies, the company may, at the company’s election, reschedule the session or program, substitute a different counselor or coach of the company’s choosing, and/or hold a phone, virtual or Internet meeting. If, at the company’s discretion, an insufficient number of participants commit to a program or workshop, then the company may cancel or reschedule the entire Program or Workshop. If the company cancels or reschedules the program as a whole or workshop, then the company shall issue a refund, or, at the client’s election, the client may apply their Fee towards a subsequent or comparable Program or Workshop.

 

  1. Payments; No Refunds. The client shall pay the company a total fee as stated in the Payment Authorization and Payment Schedule as full compensation for the client’s participation in coaching, program, or workshop (“Fee”). If the client does not attend a session or any part or all the Program/Workshop for any reason or no reason, then the company shall not issue a refund except as expressly provided in this agreement. If

you’re dissatisfied with any product purchase, you may return within 10 days. You’re also eligible for a refund if the purchased product does not arrive within 30 days.

Approved refunds are credited to the original payment source within five to seven days of receipt of the item. Client pays for the cost of shipping.

 

  1. Term; This agreement will take effect on the date first written above. It shall terminate upon completion of the agreed-upon sessions, workshop, or program

unless terminated earlier in accordance with this Section of the Agreement. The company may terminate this Agreement and/or the Program immediately for any reason or no reason. If the company terminates this Agreement and/or the Program, the client shall pay the company any outstanding balances for services received; however, the company shall not charge for or refund a pro rata share of future services. The client may terminate this Agreement and/or the Program immediately for any reason or no reason; provided, however, that client’s obligation to pay the total Fee will survive termination of this agreement and/or program. Termination of this Agreement for any reason or no reason will not affect (a) obligations that have accrued as of the date of termination; and (b)

those obligations which, from the context hereof, are intended to survive termination of this agreement.

 

  1. Client Cooperation. The client shall cooperate with the company. At the company’s request, the client shall provide the company with any documents, information, or data necessary for the company to perform its services in a timely fashion. The client shall attend all counseling sessions, Program sessions, or workshops and, for the best result, complete all program, counseling, or coaching assignments in a timely manner.

 

  1. Liability Disclaimer: No Professional The information contained in or made available by Dr. Kibby Otoo, or any third-party through the coaching program or their

 

websites or services cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, mental, financial, medical, psychological, or legal fields. Dr. Kibby Otoo does not offer any professional personal, medical, financial or legal advice and none of the information provided should be confused as such advice. Limitation of liability. CLIENT EXPRESSLY ASSUMES THE RISKS OF COACHING, INCLUDING WITHOUT LIMITATION THE RISKS IN MAKING LIFESTYLE

CHANGES. The company, its shareholders, directors, officers, employees, agents, and affiliates, as well as Dr. Kibby Otoo in his individual capacity (COLLECTIVELY OR INDIVIDUALLY A COMPANY RELEASEE), will not be liable for damages arising from an act or failure to act on its part in connection with its performance under this agreement, except to the extent that as a result of its reckless disregard for the

consequences of that act or failure to act, or its intentionally causing those consequences, the Company RELEASEE causes the client or nonparty to suffer damages. IN NO EVENT WILL THE TOTAL LIABILITY OF COMPANY RELEASEE ARISING OUT OF OR RELATING TO OR IN CONNECTION WITH THIS AGREEMENT OR THE SUBJECT MATTER HEREOF EXCEED THE TOTAL FEES PAID TO THE

COMPANY BY THE CLIENT FOR THE PROGRAM. COMPANY RELEASEE WILL NOT BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR LOST PROFITS. THIS LIMITATION OF LIABILITY PROVISION IS

independent of any other limitation of liability and reflects a separate allocation of risk from provisions specifying or limiting remedies. THE FEES STATED FOR THE

SERVICES ARE A CONSIDERATION IN LIMITING THE COMPANY RELEASEE’S LIABILITY. NO ACTION, REGARDLESS OF FORM, MAY BE BROUGHT AGAINST COMPANY RELEASEE MORE THAN ONE (1) YEAR, or the shortest

duration permitted under applicable law if such period is greater than one (1) year,

AFTER THE CAUSE OF ACTION, HAS ACCRUED. CLIENT ACKNOWLEDGES

that THEY are at least 18 years of age (or, if less than 18 years of age, has caused this AGREEMENT to be signed by THEIR parent or legal guardian). CLIENT ACKNOWLEDGES that this ENTIRE AGREEMENT INCLUDING WITHOUT LIMITATION THIS SECTION. LIMITATION OF LIABILITY shall be binding upon

THEIR estate, THEIR heirs, next of kin, executors, administrators, representatives, successors, and assigns. THIS SECTION WILL SURVIVE ANY EXPIRATION OR

TERMINATION OF THIS AGREEMENT. THE CLIENT ACKNOWLEDGES THAT THE TEXT IN THIS SECTION IS EVIDENT.

 

  1. Governing Law/Arbitration. This agreement and all aspects of the relationship between Company and Client will be construed according to the laws of the state of Virginia

applicable to agreements that are executed and fully performed within Virginia and without regard to any choice of law rules thereunder.

  1. Client shall indemnify the company, its shareholders, directors, officers, employees, agents, and affiliates, as well as Dr. Kibby Otoo in his individual

 

capacity (collectively “Company Indemnitees”), against any loss, claim, cause of action, lawsuit, damage, liability, cost (including without limitation litigation and discovery costs, and reasonable attorneys’ fees) or any other expense whatsoever which any Company Indemnities may incur arising out of or relating to any claim, suit or proceeding instituted by a third party arising out of or relating to company’s services to the client, or which result, in whole or in part, from the acts, errors or omissions, including negligent acts and statutory violations, of the client. This duty to indemnify Company Indemnities will survive any expiration or termination of this agreement.

 

  1. Non-Disparagement. Client shall not disparage the company or any of its shareholders, officers, directors, employees, agents, or affiliates. For purposes of this Section,

“disparage” means any negative statement, whether written or oral, about the company, program, any of the company’s services, Dr. Kibby Otoo, or any of the company’s counselors, coaches, agents, or affiliates. The client acknowledges that this

non-disparagement provision is a material term of this agreement, the absence of which would have resulted in the company refusing to enter into this agreement.

 

  1. Confidentiality. Each Client and Company (the “Receiving Party”) shall hold in trust for the other party hereto (the “Disclosing Party”). They shall not disclose to any person, firm, or entity other than the Receiving Party’s employees and agents who have a need to know such information to perform the HIPAA compliant counseling and coaching

services and shall not use in any way detrimental to the Disclosing Party, any confidential or proprietary information of the Disclosing Party (“Confidential Information”). Without limiting the generality of the foregoing, “Confidential Information” includes any and all information relating to the Disclosing Party’s products, services, research, development,

trade secrets, marketing, and business plans, strategies, customers, suppliers, employees, agents, management and personnel, but does not include information in the public domain other than by reason of a breach of this agreement. If the Receiving Party

receives a subpoena or court order to disclose any Confidential Information, the Receiving Party shall deliver the prompt written notice to the Disclosing Party and shall cooperate with the Disclosing Party’s attempts to obtain a protective order or other similar protection for the Confidential Information. Company and client acknowledge that the disclosure or misuse of the Confidential Information by the Receiving Party in violation of this agreement may cause irreparable harm to the Disclosing Party, the amount of which would be impossible to ascertain, and that there is no adequate remedy at law for any breach by Receiving Party of this Agreement. Therefore, in addition to any other rights and remedies it may have, Disclosing party will be entitled to obtain from a court of competent jurisdiction an order restraining any such disclosure or other breaches of this agreement and for such other relief as may be appropriate, without the necessity of posting bond. Such remedy will be in addition to any other remedies otherwise available to the Disclosing Party at law or in equity. This provision will survive any termination of this agreement.

 

 

  1. Ownership of Company’s Intellectual Property. The company alone will own all rights, titles, and interests, including all related intellectual property rights such as copyright throughout the world and moral rights, to all course materials, manuals, documents, memoranda, materials, web content, artwork, graphics, and other work product created or developed by the company for the program and/or while providing coaching services to the client (“Company’s Intellectual Property”). The company hereby grants the client a license to use Company’s Intellectual Property for their individual use only in connection with receiving counseling or coaching services. The client shall not

use any of the Company’s Intellectual Property for the client’s business. The client shall not share, copy, distribute, or otherwise disseminate Company’s Intellectual Property without Company’s prior written consent. The client shall not sell, distribute, sublicense, assign, or otherwise transfer any of the Company’s Intellectual Property. Any purported or attempted sale, distribution, sublicense, assignment, or transfer will be null, void, and of no force or effect whatsoever.

 

  1. Model Release. The client hereby irrevocably grants permission for the company to record or photograph or cause recordings and/or photographs to be made, of all or part of the company Programs or workshops. The company may use Program materials,

recordings and/or photographs, and materials submitted by the client in the context of the program for future lectures, teaching, marketing materials, and further other goods or

services provided by the company. The client hereby irrevocably grants permission to the company and/or company’s assignees to use the client’s name, voice, image, likeness, the city and state of client’s residence, and biographical and other information concerning the client (“Released Material”) for any purpose, in any media, now known or hereinafter devised, in perpetuity throughout the universe, without compensation, obligation, or liability to the client of any kind whatsoever. The client acknowledges that their image may be edited, copied, exhibited, published, or distributed and waives the right to inspect or approve the finished product wherein its likeness appears. The client hereby releases

the company, its shareholders, directors, officers, employees, agents, and affiliates, as well as Dr. Kibby Otoo in his individual capacity from any claim or cause of action, now known or later discovered, for, among other things, invasion of privacy, right of publicity, and defamation arising out of or relating to the use and exploitation of the Released Material. THIS SECTION WILL SURVIVE ANY EXPIRATION OR TERMINATION OF THIS AGREEMENT. THE CLIENT ACKNOWLEDGES THAT THE TEXT IN THIS SECTION IS CONSPICUOUS.

 

  1. Modification/Waiver. No amendment of this agreement will be effective unless it is in writing and signed by all parties. No waiver of satisfaction of a condition or failure to comply with an obligation under this agreement will be effective unless it is in writing and signed by the party granting the No such waiver will constitute a waiver of satisfaction of any other condition or failure to comply with any other obligation.

 

 

  1. Severability. The parties intend as follows: i) that if any provision of this agreement is held to be unenforceable, then that provision will be modified to the minimum extent necessary to make it enforceable unless that modification is not permitted by law, in which case that provision will be disregarded; ii) that if an unenforceable provision is modified or disregarded in accordance with this Section , then the rest of this agreement will remain in effect as written; and iii) that any unenforceable provision will remain as written in any circumstances other than those in which the provision is held to be

 

  1. Assignment. The client has no right or power to assign or transfer this agreement or any of their rights, duties, or interest therein, and any such purported or attempted assignment will be null, void, and of no force or effect whatsoever. The company may assign any rights, duties, or obligations under this agreement without the client’s consent.

 

 

  1. Entire This agreement constitutes the entire understanding between the parties with respect to the subject matter of this agreement and supersedes all other agreements, whether written or oral, between the parties.