Terms and Conditions

Client Acknowledgment. Client acknowledges and agrees that (i) the Services are based upon an ongoing relationship between Consultant and Client and that the opportunity for independent sleep development dramatically increases when Client fully engages in a tangible plan provided by Consultant; (ii) a plan will be designed with Client’s goals and needs in mind; (iii) the Services are developed for families who are willing and ready to make changes in order to see their child develops as an independent sleeper; and (iv) Client will follow the guidelines provided to Client of the American Association of Pediatrics. Client further acknowledges and agrees that (i) Consultant is not a medical professional and does not offer medical advice, services, or treatment; (ii) the Services are not intended to replace or supplement any form of medical advice and shall not be relied upon as medical advice; and (iii) Client if concerned at any time or for any reason about a medical issue, Client will immediately contact Client’s pediatrician.
Client Responsibilities. Client agrees to (i) complete Consultant’s intake form; (ii) take part in a sleep training call and make best efforts to follow the sleep plan provided; (iii) maintain a sleep log provided by Consultant for the Term; and (iv) contact Consultant within 24 hours of a scheduled session if due to an unforeseen event rescheduling is required.
Fee/Refund Policy . The fee for the Services is based upon the particular service package Client selects. Once payment is made, all monies are nonrefundable. Any refunds made will be in the sole discretion of Consultant. In absolutely no circumstances will a refund be considered once a sleep plan has been developed and provided to Client.
Confidentiality. Client agrees not to use or disclose any confidential information disclosed to it by Consultant for Client’s own use for any purpose other than to carry out discussions concerning, and the undertaking and performance of the Services. Client acknowledges and agrees that confidential information provided by Consultant is customized to each specific client based on a number of factors and may not be appropriate for other parties outside of the client/consultant relationship. Client agrees that Client will take all reasonable measures to protect the secrecy of and avoid disclosure or use of such confidential information.
Limitation of Liability; Disclaimer. Client agrees that Consultant will have no liability whatsoever for any injuries, losses, claims, damages or any special, exemplary, punitive, indirect, incidental or consequential damages of any kind, whether based in contract, tort, strict liability or otherwise, resulting from the provision of the Services. Notwithstanding this disclaimer, if Consultant is found liable for any loss or damage which arises out of, or is in any way connected with, anything arising out of or related to the Services, then Consultant’s liability will in no event exceed, in total, the sum of one hundred dollars ($100.00).
Governing Law/Disputes. This Agreement shall be governed by and construed in accordance with the internal laws of the State of Virginia, without giving effect to any principles of conflicts of law. With respect to any claims, controversies or disputes that are not finally resolved through arbitration as provided below or as otherwise provided therein, both Parties hereby (a) irrevocably consent to the personal jurisdiction of the state and federal courts located in Virginia (b) waive any right they may have to object to jurisdiction of or venue in such courts and (c) agree that service of process may be made upon it in any proceeding by any means allowed by Virginia or federal law.
Arbitration. Any dispute, controversy or claim, other than a claim for injunctive or other equitable relief, that arises out of or relates to this Agreement or the breach or alleged breach of any provision hereof (each a “Dispute”) shall be submitted to arbitration in Winchester City, Virginia before an experienced arbitrator selected in accordance with the rules of the American Arbitration Association or its successor, as the exclusive remedy for any such claim or Dispute. The decision of the arbitrator shall be final, conclusive and binding upon the Parties. The prevailing Party in such arbitration shall be entitled to recovery of its costs and expenses including reasonable attorneys’ fees incurred as a result of such arbitration. Should any Party to this Agreement pursue any Dispute by any method other than said arbitration, the responding Party shall be entitled to recover from the initiating Party all damages, costs, expenses and attorneys’ fees incurred as a result of such action.
Other Remedies. Client acknowledges that certain breaches of this Agreement by Client would cause irreparable injury to Consultant for which monetary damages would not be an adequate remedy and therefore, notwithstanding anything to the contrary herein, the Consultant shall have the unrestricted right to seek equitable relief in any court of competent jurisdiction for any violation requiring equitable relief in the sole discretion of the Consultant, without the need of posting a bond or other form of security, and without proving special damages. Such equitable relief shall be in addition to and not in lieu of any other damages or relief the Consultant may be entitled to hereunder, and the Company shall be entitled to recover all reasonable costs and attorney’s fees incurred in seeking such equitable relief.
Severability. If any provision of this Agreement is held or declared to be prohibited or invalid under applicable law, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of such provisions or the remaining provisions of this Agreement.