SLEEP CONSULTING CONTRACT
This agreement made and entered into effective on the date of package purchase, is by and between the purchaser (“Client”) and Binx Baby LLC (“Consultant”).
1. Consultation Services. The Client hereby employs the Consultant to perform the following services in accordance with the terms and conditions set forth in this agreement. The Consultant will confer with the Client about any concerns relating to the sleep plan agreed upon with the Client, including its implementation and management. Details are set out in Section 2.
2. Terms of Agreement. This agreement comes into effect on date of purchase.
The Consultant will provide an online class to the Client regarding the implementation of healthy sleep habits for the Client’s child and also including the following services for the consulting package purchased:
Superstar Sleeper Package:
- One, half-hour phone call to discuss the customized written sleep plan and strategy to address the individual needs of the Client’s child
- Two weeks of email support, Monday-Saturday 9 am-7 pm Eastern Time, with a response generally within two hours, to begin once the Client notifies the Consultant that the sleep plan has been implemented. Email support is up to the parent's discretion to use as needed.
- 24 hours before the initial phone consultation, the Client will receive a customized sleep plan via email. The Client will review the sleep plan and have the opportunity to ask questions and clarify any concerns with the Consultant on the phone call or by email.
- The Client agrees to follow the plan as written and commit to working with the Consultant for a two-week period to establish healthy sleep habits of the Client’s child, unless otherwise agreed to between the Consultant and the Client.
- Following notification from the Client as to when the sleep plan will be implemented, the Consultant will provide support as outlined above to end two weeks from the date of implementation of the sleep plan.
- Implementation of the sleep plan is to begin within two weeks of receiving the sleep plan. If the plan is not implemented during this time the Consultant cannot guarantee space for follow up support.
- The Consultant reserves the right to terminate the agreement if the Client breeches any of the terms of this agreement.
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 and implement the sleep plan with the Client’s child prior to sleep plan implementation. It is the Client’s responsibility to rule out any underlying medical conditions with the Client’s health care provider that may be causing sleep problems (including, but not limited to sleep apnea, ear infection, allergies, asthma), as well as ensure that the health care provider has advised that the Client’s child is healthy, gaining weight appropriately, is thriving, and that it is appropriate to implement the sleep plan that may include ceasing night feedings. The Client agrees to notify the Consultant of any medical changes during the sleep training process as sleep training should not be implemented unless the child has a healthy diagnosis from a health care provider.
4. Liability and Disclaimer. The information provided by the Consultant is neither intended, nor is implied to be a substitute for professional medical advice. This consultation is intended as an educational service. The Client is advised to always seek the advice of a physician or other qualified health care provider with any questions you may have regarding a medical condition or the health and welfare of the Client’s baby, toddler, or child. The Consultant 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. The Consultant 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 the Consultant. This consultation may provide references to other materials and resources but the Consultant 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 the Consultant are provided as merely a convenience to the user.
5. Payment to the Consultant. The Consultant will be paid the flat rate of $450.00 for the work that will be provided in accordance with this agreement. The Client will have the option to seek additional support from the Consultant if required at a rate dependent upon the level of support being sought. There is no refund for unused support time or for any other reason due to the digital nature of the online sleep class and work done by the Consultant in reviewing the intake form and writing the sleep plan.
6. Confidential Information. The Consultant agrees that any information received by her 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 the Consultant in full confidence and will not be revealed to any other persons or organizations without the written consent from the Client. The Client agrees to keep the sleep plan provided by the Consultant for the Client’s personal use and will not share the content of the sleep plan with outside parties without written consent from the Consultant, with exception of the Client’s health care provider and any fellow caregivers of the Client’s child.
7. Parent Commitment. 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 the Consultant encourages and enjoys updates from them, and that it is their responsibility to correspond with the Consultant.
- The Client promises to bring up any concerns, doubts, or confusion in regard to the sleep plan developed with the Consultant and as soon as possible so the Client and the Consultant may address them constructively and work together to achieve the goals.
- The Client understands that the Consultant is generally available to answer questions on weekdays during the business hours and as needed on Saturday, and that correspondence received at night, holidays, and weekends will generally be answered the next business day. However, if the Client is truly distressed, worried, or concerned, the Client will call the Consultant so that she can assist and direct them as promptly as possible.