Terms and Conditions for Pediatric Sleep Consulting Services
By purchasing a Sleep Consulting Package with Sleep Baby Sleep Consulting, this “Agreement” is made and entered into between “Client” and Sleep Baby LLC “SLEEP BABY.” Service may be provided by Elizabeth King or another employee of SLEEP BABY, referred to as “the Consultant.”
1. Consultation Services. The Client hereby employs SLEEP BABY to perform the following services in accordance with the terms and conditions set forth in this Agreement. SLEEP BABY will confer with the Client about any concerns relating to the sleep plan agreed upon with the Client, including its implementation and management. Details of which consultation package is to be purchased are agreed upon by the Client and SLEEP BABY via email before invoicing.
2. Terms of Agreement. SLEEP BABY will provide a consultation to the Client regarding the implementation of healthy sleep habits for the Client’s child including the following services for the consulting package purchased. Following the initial phone consultation, the Client will receive any customized sleep plans or other documentation included with their purchased consult via email within 48 hours, unless otherwise agreed to between SLEEP BABY and the Client. The Client agrees to follow the plan using their best judgment and commit to working with SLEEP BABY for a two-week period to establish healthy sleep habits for the Client’s child unless otherwise agreed to between SLEEP BABY and the Client. SLEEP BABY reserves the right to terminate the Agreement at any time with or without full or partial refund if the Client breaches any of the terms of this Agreement or if it appears to the Consultant that the Client or another individual in the Client's household is not following the Sleep Plan prepared by the Consultant.
3. Consulting with Client’s health care provider. The Client agrees to consult with the Client’s pediatrician or family physician (“health care provider”), about the Client’s intention to sleep train prior to implementing the sleep plan if the Client has any questions regarding their child's health. It is the Client’s responsibility to be sure that any underlying medical conditions that may be causing sleep problems (including, but not limited to, sleep apnea, ear infection, allergies, and asthma) have been ruled out as well as to ensure that the health care provider has advised that the Client’s child is healthy. If it is the Client's desire to stop nighttime feedings, the Client should be sure that doing so is okay with their child's healthcare provider. The Client agrees to notify Sleep Baby of any changes to the child's health during the sleep training process as sleep training should not be implemented for a child who is ill or has an underlying medical condition that affects sleep.
4. Liability and Disclaimer. The information provided by SLEEP BABY is neither intended nor is implied to be a substitute for professional medical advice. This consultation is intended as an educational service only. The Client is advised to always seek the advice of a physician or other qualified health care provider with any questions regarding a medical condition or the health and welfare of the Client’s child. SLEEP BABY will use reasonable efforts to include up-to-date and accurate information in consults, but makes no representations, warranties, or assurances as to the accuracy, currency, or completeness of the information provided. SLEEP BABY shall not be liable for any damages or injury resulting from the Client’s access to, or inability to access the information discussed, or from the Client’s reliance on any information provided by SLEEP BABY. This consultation may provide references to outside materials and resources but SLEEP BABY will have no responsibility for the content of such other references and shall not be liable for any damages or injury arising from that content. Any references provided by SLEEP BABY are provided as merely a convenience to the user.
5. Payment to SLEEP BABY. SLEEP BABY will be paid the flat rate of for the work that will be provided in accordance with this Agreement. SLEEP BABY will provide an invoice outlining all services to be rendered and collect payment in full before the initial consultation with the Client. The Client will have the option to seek additional support from SLEEP BABY if desired at a rate dependent upon the level of support being sought.
a. Cancellations – any consultation cancelled within 24 hours of the scheduled first meeting time for any reason other than a death in the immediate family, will not be eligible for a refund.
b. Rescheduling – the Client has up until 24 hours of the scheduled first meeting time to reschedule their consultation without penalty. Consultations rescheduled within 24 hours of the scheduled first meeting time for any reason other than a death in the immediate family, may not be eligible for a refund.
6. Term and Termination. This Agreement shall remain in full force and effect until the conclusion of services provided unless earlier terminated by SLEEP BABY for any reason upon not less than ten (10) business days’ notice given to the Client. Notwithstanding any such termination expense reimbursement payable to SLEEP BABY by the Client as provided herein shall be paid promptly in accordance with this Agreement. Such termination shall not include a refund in any form.
7. Refund. Refunds are at the sole discretion of SLEEP BABY. The invoiced amount paid by the Client is generally considered non-refundable.
8. Non Guarantee. SLEEP BABY does not offer any guarantees related to the effectiveness of services. Results are entirely dependent on commitment from caregivers to follow consistently the plan outlined by SLEEP BABY. SLEEP BABY cannot guarantee results, as many things impact sleep, including but not limited to illness, teething, sleep environment, visitors, traveling, inconsistent reinforcement, and growth spurts.
9.Confidential Information. SLEEP BABY agrees that any information received from the Client during any furtherance of her obligations in accordance with this agreement which concerns the personal, financial, or other affairs of the Client will be treated by SLEEP BABY in full confidence and will not be revealed to any other persons or organizations without the written consent from the Client.
10. Parent Commitment and Communication. The Client understands that their commitment to this process is absolutely necessary in order to see the results they are hoping for in regard to their child’s sleep. The Client agrees to follow current recommendations from the American Academy of Pediatrics on safe sleep practices. The Client understands that SLEEP BABY encourages and enjoys updates from them and that it is their responsibility to correspond with SLEEP BABY. The Client promises to bring up any concerns, doubts, or confusion in regard to the sleep plan developed with SLEEP BABY and as soon as possible so the Client and SLEEP BABY may address them constructively and work together to achieve the goals set forth in the consultation.
a.The Client must prioritize sleep and follow recommendations given by SLEEP BABY in order to see results. The Client is responsible for being consistent with sleep times, methodology, approach, and follow through in order to see results. SLEEP BABY does not offer any guarantee regarding sleep goals or results as the Consultant is only one half of the partnership, the Client is the other. We work together to achieve success.
b. The Client understands that SLEEP BABY is generally available to answer questions on weekdays during the business hours (9 am – 9 pm at the Consultant’s local time) and that correspondence received during holidays, Saturdays, or Sundays may be answered the next business day. If the Client is needing guidance, the Client should first use their own best judgement and second text or email their Consultant with SLEEP BABY so that they may be assisted as promptly as possible (with the understanding that text messages or emails received between 9am and 9pm (Consultant’s local time) will be answered within 24 hours, as quickly as possible for the individual Consultant). The Client understands they should use their best judgment while waiting for a response from SLEEP BABY, and should use their best judgment at all times during the sleep training process.
11. Professionalism and Courtesy. SLEEP BABY agrees to treat all Clients with respect and kindness especially given the sensitive nature of sleep and family. The Client agrees to maintain professionalism and respectfulness towards the Consultant in all their communications. This includes but is not limited to: no cursing or yelling at the consultant, calling names, or disparaging their professional opinions and work.
12. Signature. Both the Client and SLEEP BABY agree to this Agreement. By paying the invoice received by the client you are stating: Client: I, the undersigned client, hereby warrant that I am competent to contract in my own name. I confirm that I have read the herein Agreement prior to its execution and I am fully familiar with the contents thereof. This Agreement shall be binding upon me and my legal representatives and assigns. I agree to the terms and conditions of this contract.
13. Mandatory Arbitration. In the event of any differences, claims or disputed matters between the parties hereto arising out of this Agreement or connected herewith, the parties agree to submit such matters to arbitration by the American Arbitration Association. Either party can invoke arbitration upon thirty (30) business days’ notice to the other party. The determination of the arbitrator shall be final and absolute. The arbitrator shall be governed by the duly promulgated rules and regulations of the American Arbitration Association or its successor. The decision of the arbitrator may be entered in a judgment in any court of North Carolina or elsewhere. The arbitrator shall not have the power to award consequential or exemplary damages.
14. Indemnification. To the full extent allowed by law, the Client shall fully protect, defend, indemnify and hold SLEEP BABY harmless against and from any and all claims, losses, damages, judgments, expenses or costs, including attorney’s fees and costs of investigation, incurred by it or to which it may become subject, resulting from breach of any term, representation, provision or condition of this Agreement.
15. Validly Existing Agreement. By receiving payment of the Client’s invoice SLEEP BABY and our team of Sleep Consultants agree to the terms and conditions of this contract.
16. Venue. This Agreement shall be governed by and construed in accordance with the laws of the North Carolina.
17. Non-Waiver. The failure of any party to insist in any one or more instances upon performance of any terms or conditions of this Agreement or the granting of concessions shall not be construed as a waiver of future performance of such or any other term, covenant or condition.
18. Notice. All written communications and required notices shall be delivered in writing to 260 Wexford Overlook Dr., Roswell GA 30075.
19. Entire Agreement. This Agreement constitutes the entire agreement between the Parties and supersedes all prior oral and written agreements between the Parties hereto with respect to the subject matter hereof. Neither this Agreement nor any provision hereof may be changed, waived, discharged or terminated orally, except by a statement in writing signed by the party or Parties against whom enforcement or the change, waiver discharge or termination is sought.