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Terms and Conditions
This services agreement (this “Agreement”) is entered into by and between Edelweiss Sleep Consulting (the “Consultant”) and (the “Client”). Each of the Consultant and the Client hereby agree to the provisions of this Agreement as they apply to the services rendered by the Consultant, as set forth in further detail below. Subject to the terms and conditions set forth in this Agreement, the Consultant agrees to provide to the Client certain infant and child sleep consulting services in accordance with the terms agreed upon by the Client and the Consultant (the “Services”).
1. Payment Terms and Conditions. The agreed upon compensation due to the Consultant for performing the Services will be set forth in the attached proposal (the "Proposal"). Prior to commencement of the Services, all payments shall be made to the Consultant as set forth in the attached Proposal, 72 hours prior to the scheduled Training Call. If any services are canceled, refunds are limited to unearned fees, funds in excess of unused or non- refundable fees and out-of-pocket expenses. If you cancel less than 72 hours before your delivery, only 50% of the fee will be refunded. Once any materials such as the sleep plan have been delivered, refunds will not be possible.
2. Client Commitment: The Client agrees to cooperate and communicate, in good faith, with the Consultant in connection with the Services, including implementing a sleep plan for their family and any other recommendations provided by the Consultant. The Consultant does not offer any guarantees related to the effectiveness of the Services, but will work diligently with the Client and any related caregivers to achieve the Client’s sleep goals for them and their family. The Client agrees to follow safe sleeping practices in line with SIDS recommendations.
3. Disclaimer: The Client acknowledges and agrees that the Services are not medical advice and are not intended to replace or supplement the medical advice received by the Client. Any advice provided by the Consultant in connection with the Services is for informational purposes only and is intended for use with children with common sleep issues that are unrelated to medical conditions. The Client is advised to consult with and get approval from their child’s pediatrician prior to implementing any sleep plan in connection with the Services, and the Client should always seek the advice of a physician or other medical professional in connection with any questions the Client may have regarding a medical condition or the health and welfare of their child. The Client is responsible for choosing to implement any changes to the child’s sleeping and feeding arrangements at the suggestion of the Consultant.
4. Relationship of Parties. This Agreement shall not constitute an employer-employee relationship, and it is the intent of each party that the Consultant and its employees shall at all times be independent contractors. For the avoidance of doubt, Consultant is not a medical professional, Consultant’s advice to Client is not medical advice, and no physician-patient relationship shall be created by this Agreement or the Consultant’s performance of the Services.
5. Intellectual Property Notice: The information and materials provided by the Consultant in connection with the Services, including, but not limited to, schedules, sleep plans, visual aids, or other materials, may not be reproduced, republished, or transmitted in any form or by any means without the Consultant’s express written consent.
6. Confidentiality: In performing the Services pursuant to the terms of this Agreement, the Consultant may obtain confidential and/or personal information regarding the Client (“Confidential Information”). The Consultant agrees to maintain the highest standard of confidentiality and respect for the Client’s personal matters and will not disclose any such Confidential Information without the Client's prior written permission. The Consultant would obtain Client's prior consent before posting photos or videos of the Client and/or its family on social media or in other marketing materials.
7. Limitation of Liability and Release: The Consultant shall not be liable to the Client for any claims, losses, injury, indirect, incidental, special or consequential damages as a result of the Services, whether such claim alleges breach of contract, tortious conduct, negligence or any other theory. The Client hereby agrees, on behalf of itself, its successors and assigns, to waive and release the Consultant, its employees and representatives from any and all claims of liability, loss, damage, injury, or other demands for compensation in connection with the Services.
8. Guarantee: The Consultant will continue to work with the Client for the set amount of days in the package, providing email/phone response within 4 hours between the hours of 8a-9p EST each day (pm time extended when package has bedtime support). This is contingent on the Client consistently following the plan that is provided and staying committed to reaching their goals. The level of success is significantly enhanced by following the recommended sleep solutions made by the Consultant. Not following or only following certain components of the plan will reduce the likelihood of success. It is also crucial for all family members and caretakers to follow the customized sleep plan. Consistency is critical for success. The Consultant has the right to end the services at any time after the set amount of days if the Client is no longer committed to implementing the plan.
9. Entire Agreement. This Agreement, together with the Proposal, represents the entire agreement between the parties and may only be amended or modified by an instrument in writing signed by both parties.
10. Governing Law: This Agreement is governed by and shall be construed, enforced and interpreted in accordance with the laws of the State of Ohio.
11. The Consultant reserves the right to make amendments to the terms and conditions from time to time and without warning.