Terms and Conditions
Please review and sign this agreement before booking your sleep education call.
TERMS AND CONDITIONS
By clicking the BUTTON “AGREE”, “I ACCEPT”, “Submit signature” OR OTHERWISE INDICATING ACCEPTANCE, BY REGISTERING FOR OR USING THE SERVICES, YOU AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT (the “Agreement”), WHICH GOVERNS YOUR USE OF THE SERVICES. If you do not agree to all of the terms of THIS AGREEMENT, do not click the button “submit signature” which will indicate that you do not accept the terms of THIS AGREEMENT and you will be provided with a full refund.
- NO PROVISION OF MEDICAL ADVICE. The Services that Sleeping Beauties provides are not intended to replace, SUBSTITUTE or supplement the medical advice by YOUR physician, paediatrician or qualified health care provider. None of the advice or the Services that the Sleeping Beauties provides WILL be considered medical advice nor should the advice be relied upon as medical advice. Therefore, YOU should consult your physician, paediatrician, or qualified health care provider to rule out any potential underlying medical conditions before embarking on a new sleep program OR USING THE SERVICES. If a medical problem appears or persists, do not disregard or delay seeking medical advice from YOUR physician, paediatrician or qualified health care provider. THE SERVICES ARE NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT.
- Definitions. For the purposes of this Agreement, except as otherwise defined herein, the following words and phrases will have the following meanings:
- “Claims” means all claims, suits, demands, judgments, losses, injuries, obligations, liabilities, costs, damages, and expenses of whatever form or nature, including, without limitation, legal fees, experts’ and consultants’ fees, and other costs of legal defense.
- “Improvements” means any modifications, enhancements, changes or new proprietary information that is developed in relation to the Services.
- “Services” means the following services provided by Sleeping Beauties:
- Sleep Intake Form;
- Sleep Report;
- Sleep Education;
- Follow-up Assistance; and
- Creation of an individualized sleep plan.
- “SIDS Information Outline” means the American Academy of Pediatrics guidelines on Safe Sleep Recommendations, and the La Leche League International ‘Safe Sleep 7’, attached hereto as Exhibit “A”.
- “Taxes” means any consumption, excise, goods and services, harmonized sales, retail sales, social services, use, value added taxes and any other tax, duty, governmental fee or other like assessment or charge of any kind whatsoever imposed by any federal, provincial, state, territorial, municipal or other governmental authority in any jurisdiction.
- “Sleeping Beauties” means Cayla Solomon, a sole proprietorship with a principal place of business in Toronto, Ontario, Canada, who will be providing the Services.
- Currency. All currency or dollar references in this Agreement will be in Canadian dollars.
- Payments. You are obligated to pay in advance for the Services. You order through Sleeping Beauties website. Sleeping Beauties accepts payment through the use of the third party payment facilitator “PayPal”. By accepting this Agreement, You are giving Sleeping Beauties (or a third-party payment processor on Sleeping Beauties behalf) permission to charge You for fees that You owe Sleeping Beauties. All information that You provide in connection with a purchase must be accurate, complete, and current. You are responsible for and must pay any and all applicable Taxes.
- Agreement Term for the Services. Unless earlier terminated pursuant to the terms of this Agreement, Sleeping Beauties will provide the Services until both parties agree, through an email acknowledgement, that You have met the goals listed in Your initial sleep report (“Agreement Term”).
- Force Majeure. In the event that Sleeping Beauties is delayed in or prevented from performing its obligations under this Agreement due to a Force Majeure Event then, upon written notice to You: (a) the affected obligations under this Agreement will be suspended to the extent necessary during the period of the Force Majeure Event, and (b) Sleeping Beauties will not have any liability to You or any other person in connection with such suspended obligation. For purposes of this Agreement, a “Force Majeure Event” means an event beyond Sleeping Beauties reasonable control, including an act of God, fire, flood, explosion, public health emergencies, communicable disease outbreak, general Internet outages, civil disorder, strike, lockout or other labour trouble, material shortages of utilities, delay in transportation, destruction or damage to production facilities breakdown or accident, any law, ruling, judgment, demand or requirement of any governmental authority, riot, war, or other cause beyond the reasonable control of Sleeping Beauties.
- Termination. This Agreement and the Services may be terminated as follows:
- by Sleeping Beauties immediately, with cause, if: (1) Sleeping Beauties does not receive any payment hereunder when due and such non-payment continues for five days following Sleeping Beauties demand for payment in writing; (2) in Sleeping Beauties sole and absolute discretion, You have been verbally abusive or confrontational or do not follow the agreed upon sleep plan; (3) You miss two or more scheduled calls any time during the Agreement Term without giving at least one (1) hour advance prior notice; (4) You request a suspension of the Services for greater than 1.5 weeks; (5) You fail to initiate the sleep plan within one week of Sleeping Beauties sleep education session; (6) You fail to inform Sleeping Beauties about any major changes in Your family’s routine (including, but not limited to, prolonged vacations, changes to daycare or nanny arrangements, living accommodations or relocations, career changes, etc.); or (7) You fail to respond to two emails from Sleeping Beauties over the course of one week;
- by Sleeping Beauties, by giving You written notice, if Sleeping Beauties delayed in or prevented from performing an obligation under this Agreement for a period longer than one (1) month in duration due to a Force Majeure Event; or
- by either party, for convenience and without cause on one week prior written notice to the other party.
- Effect of Termination.
- If the Services are terminated or cancelled by You, for any reason, You will not be entitled to any refund. You will pay for all actual costs, including time spent by Sleeping Beauties incurred to complete activities associated with the termination and close-out of the Services.
- If the Services are terminated by Sleeping Beauties pursuant to Section 7(a), Sleeping Beauties will not be obligated to refund to You any portion of the purchase price paid by You (if any).
- If Sleeping Beauties terminates the Services for convenience pursuant to Section 7(b) or Section 7(c), Sleeping Beauties will refund a pro-rated portion of the purchase price (if any) to You to account for the unused portion of the Services based upon Sleeping Beauties hourly rate posted on the the website.
Nothing in this Section gives you any right to a refund from Sleeping Beauties except as stated herein.
- Your Representation and Warranties. You acknowledge and agree that:
- You have read the SIDS Information Outline attached hereto as Exhibit “A” and You agree to follow the safe sleeping practices recommend by the SIDS Information Outline.
- You are at least 18 years old, are at least of the legally required age in the jurisdiction in which You reside, and are otherwise capable of entering into binding contracts.
- You have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement, and that You will so abide.
- You agree to immediately contact Your physician, paediatrician or qualified health care provider if You or Your baby or You family have any medical conditions which prevent them from being sleep trained safely.
- You agree to disclose any medical condition(s) to Sleeping Beauties that You or Your baby or family has.
- You acknowledge that Your use of the Services are voluntary and that injuries, accidents, or other complications may result from participation.
- You acknowledge and agree that it is Your responsibility to follow instructions for any service provided or purchases You make, and to seek help from Sleeping Beauties if You have any questions.
- You acknowledge and agree that injuries, accidents, or other complications associated with the Services may result from Your use of the Services. You agree to consult with Your physician if You are concerned about any of the risks to You or Your baby or Your family’s health or well-being that may result from the Services.
- You acknowledge and agree that if You request a “baby-led” versus a “parent-led” sleep solution as a part of the Services, You understand that the baby-led solution requires additional time.
- You acknowledge and agree that after Sleeping Beauties reviews Your intake form, Sleeping Beauties may notice or identify potential medical issues, nutritional sensitivities or maternal health issues that, in Sleeping Beauties sole opinion, require treatment before Sleeping Beauties will commence the Services. If this is the case, You acknowledge and agree that Sleeping Beauties will not provide the Services and will recommend other experts for You to meet with prior to initiating the Services.
- No Warranties. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOUR PURCHASE OF THE SERVICES IS AT YOUR SOLE RISK. YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SLEEPING BEAUTIES MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER REGARDING THE SERVICES AND EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY (INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES: (a) REGARDING THE SCOPE OR NATURE OF CONTENT OR SERVICES THAT WILL BE AVAILABLE TO CUSTOMER; OR (b) OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, USE, TITLE OR NON- INFRINGEMENT), AND WILL HAVE NO LEGAL, EQUITABLE, OR OTHER LIABILITY OF ANY KIND TO YOU, INCLUDING WITHOUT LIMITATION FOR ANY DAMAGES WHETHER DIRECT, INDIRECT OR CONSEQUENTIAL, REGARDLESS OF THE FORM OF THE ACTION, WHETHER FOR BREACH OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, IN TORT OR OTHERWISE AND YOU HEREBY WAIVE ANY AND ALL CLAIMS OR DEMANDS THEREFOR. To the extent that the jurisdiction in which you reside or to which Sleeping Beauties delivers the Service does not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, the limitations or exclusions set out in this Section may not apply to you in such a jurisdiction and any implied warranties relating to the Service are limited to thirty (30) days from the commencement of the Services. These implied warranties give you specific legal rights and you may have other rights, which vary from jurisdiction to jurisdiction.
- Exclusion of Damages. To the maximum extent permitted by applicable law, in no circumstances WILL SLEEPING BEAUTIES be liable to YOU or any third party for lost profits (whether direct or indirect), costs of substitute SERVICES, or for incidental, consequential, punitive, special or exemplary damages, or indirect damages of any type however caused, whether by breach of representation or warranty, breach of contract, in tort, negligence or any other legal or equitable cause of action even if SLEEPING BEAUTIES has been advised of such damages in advance or if such damages were foreseeable.
- Release of Liability and Indemnity. To the extent permitted by APPLICABLE law, You shall release, indemnify, defend and hold harmless Sleeping Beauties, its employees, legal representatives, agents, successors and assigns (collectively with Sleeping Beauties, the “Sleeping Beauties Indemnified Parties”), from and against any and all Claims by any party against any of Sleeping Beauties Indemnified Parties to the extent any Claim arises or results from: (i) the Services provided; (ii) the acts, omissions, gross negligence or willful misconduct of You; and (iii) without limitation on the generality of (i) and (ii) above, any claim for injury or death to any persons. In the event that all or any portion of this release of liability and indemnity Section is deemed to be inapplicable for any reason, including, without limitation, as a result of a decision of an applicable court, legislative enactment or regulatory order, the parties agree that this release of liability and indemnity Section shall be interpreted as requiring You to release indemnify, defend and hold harmless Sleeping Beauties Indemnified Parties to the fullest extent permitted by applicable law.
- Limitation of Liability. the total, cumulative liability of Sleeping Beauties arising out of or related to THE SERVICES or THIS AGREEMENT, whether based on contract, in tort or any other legal or equitable theory, WILL be limited in the aggregate to the amounts actually paid to Sleeping Beauties hereunder during the twelve (12) month period preceding the first event giving rise to liability. The existence of more than one claim WILL not enlarge this limit.
- Response to Court Orders: Notwithstanding any other provision herein, You hereby consent to Sleeping Beauties providing any information relating to You and the Services, and any other information related thereto, as may be requested at any time by way of subpoena or other court order, and agree to indemnify and hold harmless Sleeping Beauties from all costs, liabilities, losses, or expenses arising in connection therewith.
- Feedback and Improvements. You understand and agree that any Improvements, feedback, input, suggestions, recommendations, troubleshooting information or other similar information that You provide or which is made available to Sleeping Beauties (including in the course of utilizing support or the Services) may be used by Sleeping Beauties to modify, enhance, maintain and improve Sleeping Beauties and shall become Sleeping Beauties exclusive property without any obligation or payment to You.
- Assignment. You will not transfer or assign any of its rights or obligations under this Agreement without the express written consent of Sleeping Beauties.
- Notices. Any notice required or otherwise given pursuant to this Agreement will be in writing and emailed, faxed, mailed certified return receipt requested, postage prepaid, or delivered by overnight delivery service, to the address set forth in Sleeping Beauties intake form. Any such notice, if delivered or sent by electronic transmission, will be deemed to have been given or received on the day on which it was transmitted, if sent by postage prepaid or delivered by overnight delivery service, will be deemed to have been given or received on the second business day following the day on which it is sent. The address at which notice may be given to a party may be changed by the giving of notice of such change by that party to the other party as provided for in this Section.
- Waiver. No party is to be deemed to have waived the exercise of any right that it holds under this Agreement unless such waiver is made in writing. No waiver made with respect to any instance involving the exercise of any such right is to be deemed to be a waiver with respect to any other instance involving the exercise of the right or with respect to any other such right.
- Severability. If any part or parts of this Agreement are held unenforceable for any reason, the remainder of this Agreement will continue in full force and effect. If any provision of this Agreement is deemed invalid or unenforceable by any court of competent jurisdiction, and if limiting such provision would make the provision valid, then such provision will be deemed to be construed as so limited.
- Governing Law; Forum; No Jury Trials. This Agreement and the Services will be governed and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein without reference to its principles of conflict of laws. Each of the parties submit to the exclusive jurisdiction of any Ontario court sitting in Toronto, Ontario, Canada, in any action, application, reference or other proceeding arising out of or related to this Agreement and the Services and agrees that all Claims in respect of any such actions, application, reference or other proceeding will be heard and determined in such Ontario courts and further consents to any action, application, reference or other proceeding arising out of or related to this Agreement being tried or heard in Toronto, Ontario, Canada. In any such proceedings, each of the parties hereby knowingly and willingly waives and surrenders such party’s right to trial by jury and agrees that such litigation shall be tried by a judge sitting alone as the trier of both fact and law, in a bench trial, without a jury.
- Amendments. You agree that Sleeping Beauties may change the terms of this Agreement from time to time by notifying You via email or other means. You agree to accept, and You hereby accept, any changes to the terms of this Agreement, unless the changes impose commercially unreasonable disadvantages on You. If a change imposes commercially unreasonable disadvantages on You and Sleeping Beauties receives a written objection from You within 30 days of the date when You received notice or You should have noticed the change, Sleeping Beauties may, at Sleeping Beauties sole option and discretion, (a) reverse such change with the effect that the immediately prior version of this Agreement will continue to apply to You, or (b) terminate this Agreement and Your use of the Services and refund to You any prepaid services fees for time periods after the effective date of the change to which You objected in accordance with this Agreement.
- Entire Agreement. This Agreement contains the whole agreement between the parties relating to the subject matter herein and supersedes any and all promises, representations, warranties, undertakings or other statements whether written or oral made by or on behalf of the one party to the other of any nature whatsoever or contained in any document given by one party to the other.
BY AGREEING TO THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS, YOU UNDERSTAND THESE TERMS AND CONDITIONS, AND YOU AGREE TO BE BOUND BY THIS AGREEMENT.