Gentle Start Studio Client Contract

Terms & Conditions for Services Rendered

This agreement (this “agreement”) details the terms and conditions entered into by and between [Gentle Start Studio] (the “Company”) and users (“you” or, the “Client). These terms and conditions govern your use of the website (“Site”) and the purchase or fulfillment of services rendered (“Services”), which may include, but are not limited to, infant and child sleep consulting services, toilet learning consulting services, and in-home suggestions that are age appropriate and in line with early childhood development principles.

The Company and the Client hereby agree to the provisions of this Agreement as they apply to the services rendered by the Company, as set forth in further detail below. By accessing, browsing, and purchasing services from this Site you acknowledge and agree to the following terms and conditions. The Company reserves the right to modify or add to any or all of the terms of this Agreement at any time without prior notice to you. Using the Site or Services after changes have been made to this Agreement serves as acceptance of the changes made.

The Company’s privacy policy (“Privacy Policy”) describes how the Company may use your personal information. Your acceptance of this Agreement also serves as your acceptance of the Privacy Policy, which is incorporated herein by this reference. If you object to your personal information being used as described in the Privacy Policy, please do not use our Site or Services.

1. Payment Terms & Conditions

The agreed upon compensation due to the Company for performing the Services is outlined on the Comapny’s website and at checkout. All prices are listed in U.S. Dollar amounts and are subject to change without notice - applicable taxes may be added at checkout depending on your location. Prior to commencement of the Services, all payments shall be made to the Consultant as set forth in the attached Invoice. If payments are late they may accrue a 1% interest per month after the payment date has passed. You agree to provide complete, accurate, and current payment information at the time of checkout. No refunds will be available once payment has been processed, unless otherwise approved by the Company in its sole discretion. If you miss a scheduled phone or video appointment without notice no refund will be issued but you may reschedule at your earliest convenience. Payments are securely processed through third-party payment platforms, and by submitting your payment you authorize the Company to charge your selected payment method for the agreed upon amount. Gentle Start Studio is not responsible for payment processing errors or security breaches caused by third-party platforms. The Company reserves the right to refuse or cancel any payment from any Client or website user at any time.

Aa). If you are unsatisfied with the Services provided by the Company, you have 30 days to submit your request for a refund, after that period of time there will be no refund issued. You will be required to submit your receipt and any content the Company requests, such as, sleep plans, toilet learning plans, or supplemental material. Gift cards are not eligible for a refund and if you have violated any of this Agreement you are not longer eligible for a refund.

2. Client Commitment

The Client agrees to cooperate, in good faith, with the Company in connection with the Services, including implementing a sleep plan for their family and any other recommendations provided by the Company. The Company 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 provide accurate, complete, and current information throughout the duration of the Services rendered. By engaging with our Services, the Client agrees to the exchange of personal and family-related information relevant to the services provided. This information will be kept confidential in accordance with our Privacy Policy.

a). If you access our Services via a mobile device, you are responsible for any mobile charges, including SMS, data usage, and roaming fees, incurred during use.

b).The Client may terminate this Agreement at any time by ending their use of the Site and Services, but only upon paying all amounts due to the Company. Likewise, the Company may, without notice, suspend your access to the Site or Services or end this Agreement for the failure to comply with any provisions of this Agreement, unauthorized or unlawful use of the Site or your failure to pay any and all amounts due and payable to Company. If this Agreement is terminated for any reason the Company shall no longer have an obligation to the Client.

3. Medical Disclaimer

The Client acknowledges and agrees that the Services are not medical advice and are not intended to replace or supplement the medical advice provided by the Client’s medical provider/pediatrician. Any advice provided by the Company or this Site, 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. If you feel you have a medical emergency, please call 9-1-1 and do not use this website to treat or diagnose any medical issues.

4. Relationship of Parties

This Agreement shall not constitute an employer-employee relationship, and it is the intent of each party that the Company and its employees shall at all times be independent contractors. For the avoidance of doubt, the Company is not a medical professional, the Company’s advice to Client is not medical advice, and no physician-patient relationship shall be created by this Agreement or the Company’s performance of the Services.

5. Intellectual Property Notice

The information and materials (“Content”) provided by the Company in connection with the Services, including, but not limited to, schedules, sleep plans or other materials, including, but not limited to, visual aids, may not be reproduced, republished, or transmitted in any form or by any means without the Company’s express written consent. All Content on the website, social media platforms, including text, images, videos, forms, downloadable documents, logos, graphics, links, and other material is the intellectual property of Gentle Start Studio and protected by copyright, trademark, and all other rights of the Company and third parties. You agree to refrain from selling, copying, transferring, printing, or otherwise manipulating the above listed Content.

6. Restricted Use & Copyright Infringement

The Client and anyone who uses the Company’s website and Services agrees not to use the Site or Services for unlawful or harmful purposes. You agree not to upload or transmit harmful viruses, spam, or disruptive content or attempt to gain access to the website systems or data. Data-mining of the Site or Services and any of its content in any form is strictly forbidden. You agree not to upload, post, or otherwise make available through this Site or Services any content that is confidential, abusive, pornographic, threatening, or objectionable. If you believe any content on our site infringes your copyright, please contact us with supporting details, and we will investigate promptly. Violations of this Section could result in civil or criminal liability.

7. Confidentiality

In performing the Services pursuant to the terms of this Agreement, the Company may obtain confidential and/or personal information regarding the Client (“Confidential Information”). The Company 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 Company will 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.

8. Legal and Binding Agreement

The Company 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 Company, its employees and representatives from any and all claims of liability, loss, damage, injury, or other demands for compensation in connection with Services. This Agreement, together with the purchase of services, represents the entire agreement between the parties and may only be amended or modified by an instrument in writing signed by both parties.

a). LIMITATION OF LIABILITY: To the fullest extent permitted by law, Gentle Start Studio is not liable for any direct, indirect, incidental, or consequential damages or injuries that arise from use of our website or purchasing and adhering to our Services.

b).INDEMNIFICATION: You agree to indemnify and hold harmless Gentle Start Studio, its owners, employees, and affiliates from any claims, losses, or damages resulting from your violation of these Terms or misuses of our Services.

Cc). INTERNATIONAL USE & EXPORT: Our website and Services are controlled and operated from within the United States of America. If you access the site from outside this country/region, you do so at your own risk and are responsible for compliance with local laws. You may not use our Services in violation of applicable export laws and regulations.

Governing Law

These Terms constitute the entire agreement between you, the Client and Gentle Start Studio, the Company. If any provision is found invalid or unenforceable, the remaining provisions remain in full force. Our failure to enforce any right or provision does not constitute a waiver.

This Contract shall be governed by and construed in accordance with the laws of the state of Alaska and also whichever state the Client lives in while Services are rendered.