Terms & Conditions-  Terms of Use 

Hello!  By purchasing a Sleep Program with Loving Lessons Sleep Consulting & Postpartum Doula Solutions  (hereinafter “Company”) and Purchaser  (hereinafter “Client”). Collectively, Company and Client will be referred to as the “Parties.” The Parties agree to the terms set forth below: 

Conditions

 

This Agreement will not take effect, and Company will have no obligation to provide services, until: (a) Client agrees to Terms of Use; (b) Client pays the initial Sleep Program Fee; and (c) Company acknowledges acceptance of Client by providing sleep program details agreed upon in purchase. Upon satisfaction of these conditions, this Agreement will be deemed to take effect.

Scope of Services

Company will provide the following services: 

 

Company is dedicated to helping Clients and Client’s children get a restful night’s sleep.  Company shares the methods developed by Kim West, LCSW (aka “The Sleep Lady”) and other gentle parenting solutions that are research based.   

 

The One on One Sleep Coaching Programs:

 

• The Client will have access to the portal and resource library to get started and prepare for the sleep consultation/ planning session.  Company requests that Client complete a Client Sleep History intake form and return it to Company at least 48 hours prior to  consultation appointment.
• During the consultation Company & Client  will meet, discuss, and create a plan together that addresses the Client's child’s sleep and  feeding patterns and sleep environment.  Company and Client will work together to create a personal sleep plan for Client’s child.  As a collaborator in Client's plan, Client will provide Client's parental expertise and unique input about Client's child(ren).  
• Phone follow-up calls are designed to answer more of Client's questions, adjust Client's sleep plan, keep Client focused on Client's personal sleep goals and offer additional sleep support. 
• Usually phone follow-ups are spread out over 2 to 12 weeks depending on the client's needs.  
• Client will call the Company for Phone-Follow ups.  

 

Company Sleep Coach Commitment to Client.  Company will:

• Respect Client, Client's family, and Client's parenting style.
• Allow Client to make informed decisions for Client's family.
• Provide age appropriate recommendations based on the Client's child's age. Client's child's adjusted age will be used,  if/ when needed.
• Prepare for Client's session in advance by reviewing Client's sleep history intake form.
• Review Client's sleep and feeding/eating logs and ask questions to understand Client's unique family situation.  
• Keep Client information confidential. 

 

Client Role.  Client's participation is important for the sleep program to be effective. Client agrees to:

 

• Keep a sleep/wake/eating log during the time Company & Client are working together.
• Carry out the steps in the sleep plan Company & Client  develop.
• Communicate openly with Company about any questions and concerns about Client's child’s sleep, including any special needs, health issues, medical conditions, and/or emotional situations. 
• Discuss Client's experiences so Company and Client  may make any adjustments to the initial plan. 
• If Client sees that the program is not working as Client desires, communicate feedback to Company to better address desired goals.
• Acknowledge and understand that the sleep coaching program’s effectiveness depends upon consistent follow through of Client's plan, both during and after the  work together.

Company Services are not Medical Advice.   

Client understands that Company is not a medical professional or practice and will not advise Client on medical conditions or make medical diagnoses.  

 

Client understands that Client's child’s sleep patterns or difficulty sleeping may be symptomatic of a condition for which medical intervention or medical treatment is advised.  If the Company or Client has any reason to believe that Client's child’s sleep difficulties may be related to a medical condition or that Client's child has health concerns that may be adversely affected by sleep coaching, it is advisable to consult with Client's child’s doctor before beginning the sleep coaching process.

 

Client is solely responsible for discussing any possible medical conditions with Client's child’s physician or other health professional. Client understands that Client assumes primary responsibility for the health of Client's child and, to the extent permitted by law, Client will not hold Company  responsible for any outcomes resulting from complications that are outside of Company control.

 

Sleep Program Fees

Client agrees to pay the fee agreed to in Client's Sleep Program Fee for the services and Deliverables considered in this Agreement.  Client agrees to pay Company the Sleep Program Fee by credit or debit card before Company begins providing the services under this Agreement.

 

Services  will begin upon payment.  

• Client will have access to the client portal to begin the sleep program.
• Client will have access to resources and materials to prepare  for the consultation
• Client will have lifetime access thereafter to the digital materials. 
• Client will have access to the Company calendar to schedule the 2 hour  consultation.  
• Client’s Sleep consultation session will be virtual via Google Meet.  
• Client Follow-Ups are via phone call.
• Client will have access to the Company calendar to schedule 15-30 minute Phone follow-ups. 
•  Phone follow-ups with Client Sleep program  will expire 1 year from Client's initial consultation date.  

 

Additional Services

Extended support are additional phone-follow ups that can be added to any sleep program.   Extended support calls DO NOT have an expiration date. 

 

Insurance.  Company does not accept insurance.  Client may submit  invoices to Client's insurance company, but Company cannot guarantee reimbursement for  fees or for expenses Client may incur for, during or after  the coaching sessions.  

 

HSA & FSA Payments. Some HSA & FSA companies allow for sleep coaching services to be covered. Be sure to check with Client's HSA & FSA guidelines for eligibility and limitations.

Refunds

 

Company  does not offer any refunds for services that have already been delivered.

 

Company has held nothing back in creating this sleep program for clients for online products,  training, and services  that are delivered instantly and full of over 20 + years of knowledge, experience and time. And that also comes with hours of hands-on help, time and energy.   These things cannot be returned.

 

Company wants you to become a calm, confident, and rested parent so Company is committed to  giving you all the tools and support you need to start your path to sleep filled nights.  Because Company  wants you to experience the amazing results possible in this program, once the program materials have been sent out and delivered,  there are no refunds.  Sleep programs are designed to meet Client needs and support Clients at their pace. 

 

Company has created this policy so that Company & Client are both accountable for Client  success. Company is here to support you every step of the way! 

 

If Client  has  any questions about the sleep program, Company wants to make sure to answer them before Client signs up. Please email Company any questions at [email protected] or call Company at 919-414-2978, so we can make sure this sleep program is a good fit for the Client's family.

 

 

Confidentiality & Non-Disclosure

Company recognizes and acknowledges that the services rendered to Client  may reveal confidential information that is proprietary and personal  to Client. “Confidential Information” means all material, non-public, business-related information, written or oral, whether or not it is marked that is disclosed or made available to Company, directly or indirectly, through any means of communication or observation. Company agrees not to share and agrees to take reasonable measures to protect Client’s Confidential Information.

 

Conversely, Client recognizes and acknowledges that the services rendered to Client by Company may also reveal Confidential Company Information that is proprietary to Company. Company has developed a step-by-step process to work with clients. This process along with any materials drafted by the Company and provided to Client are confidential. Client agrees not to share these materials with others. Client agrees to take reasonable measures to protect Company’s confidential information. 

Warranties and Representations

The Parties warrant and represent that they are free to enter into this Agreement and have the authority to do so. The Parties warrant that all statements made in and in preparation of this Agreement are true.

 

Limit of Liability

Liability shall be limited to the Sleep Program purchased. Except as prohibited by law, Company  shall not be liable to Client or to any other person or entity for any general, punitive, special, indirect, consequential or incidental damages, or lost profits, or any other damages, costs or losses arising out of the Company’s services, materials, or products, including attorney’s fees and related expenses of litigation and arbitration. Except as prohibited by law, to the extent there is liability found as to the Company, such recovery is limited to the amount the Client paid for materials, products, or services.

 

Company Indemnification and Release

To the extent permitted by law, each party hereby agrees to protect, indemnify, defend, and hold harmless the other and their respective managers, officers, members, partners, affiliates, owners, shareholders, beneficiaries, and their respective employees, agents, and contractors (collectively, "Representatives'') against all claim/losses, liabilities, damages, expenses, and costs arising out of or connected with the negligence or intentional misconduct of such party or its Representatives. Further, Client on behalf of itself and its owners, affiliates, partners, subsidiaries, employees, agents, contractors, and consultants (collectively "Releasor"), waives any rights to recover from, and hereby forever agrees to release and hold harmless, Company and their respective owners, parent companies, affiliates, partners and subsidiaries, directors, officers, members, participants, employees, consultants, agents, legal representatives and assigns from any and all claims, costs, personal injuries, deaths, expenses, damages, actions and liabilities, of any nature, whether direct or indirect, known or unknown, foreseen or unforeseen (collectively "Claims") , arising from or relating to any acts or omissions by any third party. 

 

Force Majeure

Neither party shall be held liable or responsible to the other party nor be deemed to have defaulted under or breached this Agreement for failure or delay in fulfilling or performing any obligation under this Agreement when such failure or delay is caused by or results from causes beyond the reasonable control of the affected party, including but not limited to fire, floods, embargoes, war, acts of war, insurrections, riots, strikes, lockouts or other labor disturbances, or acts of God; provided, however, that the party so affected shall use reasonable commercial efforts to avoid or remove such causes of nonperformance, and shall continue performance hereunder with reasonable dispatch whenever such causes are removed. Either party shall provide the other party with prompt written notice of any delay or failure to perform that occurs by reason of force majeure.

 

Attorney's Fees

Should any litigation be commenced between the parties to this Agreement, concerning any provision of this Agreement or the rights and obligations of any party, the prevailing party shall be entitled reimbursement of a reasonable sum of their attorney's fees in such litigation which shall be determined by the Court in such litigation or in a separate action brought for that purpose.

 

Waiver

No waiver of any default by any party or parties to this Agreement shall be implied from any omission by a party or parties to any action on account of such default. If such default persists or is repeated, no express waiver shall affect any default other than the default specified in the express waiver, and that only for the time and to the extent therein stated.

 

Article Headings

All article, paragraph, and section headings set forth in the Agreement are intended for convenience only and shall not control or affect the meaning, construction, or effect of this Agreement or any of the provisions thereof.

 

Severability

If any provision of this Terms of Use  shall be declared invalid or unenforceable, such provision shall be deemed eliminated from this Terms of Use, and all remaining provisions shall continue in full force and effect.

 

Modification by Subsequent Agreement

This Agreement may be modified by subsequent agreement of the parties only by an instrument in writing signed by both of them.

 

Mediation

Company and Client agree to try to settle all disputes between them through private mediation before initiating any arbitration, litigation, or other dispute resolution procedure. The mediation session will occur at a time mutually agreed upon by the parties in consultation with a mutually selected mediator, though no later than thirty days after the date of services of the initial notice, unless otherwise agreed by the parties and mediator.  Each party shall bear its own fees and costs for the mediation. The parties agree to mediate in Wake County, North Carolina.

 

Governing Law

These Terms of Use  shall be governed by and interpreted under the laws of the state of North Carolina.

 

Venue

The Parties agree that any dispute that may arise as related to this Agreement shall be brought in a court within Wake County.

 

Sole and Only Agreement

This Agreement contains the entire understanding between the parties with respect to the subject matter and supersedes any and all other prior written Contracts and understandings (whether oral or written) between the parties. No amendment or modification of this Agreement shall be effective unless executed in writing by both parties.

 

Assignment; Successors and Assigns

Client agrees that Client will not assign, sell, transfer, delegate, or otherwise dispose of, whether voluntarily or involuntarily, or by operation of law, any rights or obligations under this Agreement. Any such purported assignment, transfer, or delegation shall be null and void. Client represents that Client has not previously assigned or transferred any claims or rights released by him pursuant to this Agreement. Subject to the foregoing, this Agreement shall be binding upon and shall insure to the benefit of the Parties and their respective heirs, successors, attorneys, and permitted assigns. This Agreement shall not benefit any other person or entity except as specifically enumerated in this Agreement.

Privacy Policy 

 

Company Site

Company operates the Site www.Loving-lessons.com and is providing information and services contained on the Site as a benefit to visitors to the Site. The information on this Site is provided solely for educational and resource provision purposes. Such information and services are not intended to be specific medical, health, business or other professional advice or direction. If  Client has specific questions regarding Client's health or health status, contact Client's physician or other health care provider. ​

Entire Agreement.  

This agreement is meant to be fair to both parties, so that all parties may feel secure in their mutual commitment. By agreeing to the Terms of Use, Client agrees to pay for services as described above. In return, the Company commits to provide these services.   It is understood that neither Company or its representatives are to be held responsible or liable for any undesirable or unexpected outcome resulting from sleep coaching.   Should a disagreement occur, the Client  agrees to resolve issues amicably therefore excluding Company from any penalty or fault. 

 

Please acknowledge Client agreement and understanding of these terms by checking the Terms of Use.  Company  looks forward to helping Client and Client’s family to make a gentle transition to a restful night’s sleep.

Last updated: Dec 6, 2022