Gentle Start Studio Client Contract
Terms & Conditions for Services Rendered
This services agreement (this “agreement”) is entered into by and between [Gentle Start Studio] (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, toilet learning consulting services, or in-home suggestions that are age appropriate and in line with early childhood development timelines in accordance with the terms agreed upon by the Client and the Consultant (the “Services”).
THIS AGREEMENT is dated the date on which the Client selects and pays for the Services and remains in effect forever after.
1. Payment Terms & Conditions
The agreed upon compensation due to the Consultant for performing the Services is outlined on the Consultant’s website under My Shop. All prices are listed in US 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. No refunds will be available once payment has been processed, unless otherwise approved by the Consultant in its sole discretion. If you miss a scheduled 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 Consultant 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.
2. Client Commitment
The Client agrees to cooperate, 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 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.
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 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.
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 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 Consultant’s express written consent. All content on the website, social media platforms, including text, images, videos, forms, downloadable documents, and other material is the intellectual property of Gentle Start Studio.
6. Restricted Use & Copyright Infringement
The Client and anyone who uses the Consultant’s website and Services agrees not to use the website 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. If you believe any content on our site infringes your copyright, please contact us with supporting details, and we will investigate promptly.
7. 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 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 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 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 Consultant. 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 whichever state the Client lives in while Services are rendered.