LACTATION SUPPORT SERVICES AGREEMENT

 

This Lactation Support Services Agreement (“Agreement”) is made by and between ______________ (“Client”) and Lauren Levine d/b/a Wellmama Postpartum Care (“Levine”) (collectively, the “Parties”), and is effective as of the date it is executed by both Parties (the “Effective Date”). 

 

1. Services. In exchange for the obligations described in Paragraph 2 of this Agreement, Levine agrees to provide Client with the following services:

 

1. Lactation Support Services.  Levine will provide one 1.5- to 2-hour lactation support consultation in-home or a 1-1.5 hour lactation support consultation virtually (“Lactation Support” or the “Services”) to Client (circle one): virtually or in Client’s home, located at _________.  As used in this Agreement, “Lactation Support” means non-medical assistance with the process of lactation, including: assisting Client with latch and positioning; educating Client about the infant’s milk intake and Client’s milk production; assisting Client with milk supply; and educating Client about tandem nursing, complimentary bottle-feeding, starting solids, returning to work, and full and partial weaning.  Levine’s Fee under this Agreement includes one 1.5- to 2-hour consultation, plus a reasonable amount of support and advice via email. 

 

1. Services Not Included.  Where Levine agrees to provide the Services in-person, rather than virtually, the Parties expressly agree that Levine will not perform, nor will Client ask Levine to perform, tasks that are not reasonably related to the Lactation Support Services described in Paragraph 1(a). This includes, but is not limited to, cooking, cleaning, pet care, or babysitting.  If Client has children under the age of 10 (other than Infant) in the home during Levine’s in-home consultation, another adult (not Client or Levine) will be present in Client’s home to watch those children.  Furthermore, if Client has a pet that Levine deems to be aggressive, Client will contain the pet in a separate area while Levine is in the home.

 

1. Scheduling.  The Parties agree to schedule Levine’s consultation at a mutually agreeable time at least one week in advance.  Client and Levine mutually acknowledge the consultation may need to be rescheduled due to circumstances outside of either Client or Levine’s control; however, if Client cancels the consultation less than 12 hours in advance, the consultation will not be rescheduled (unless the cancellation is the result of a medical, family, or personal emergency) and Levine will not refund Client any portion of her Fee as a result of the cancelled consultation. It is in Levine’s sole discretion as to whether Client’s reason for cancellation constitutes an “emergency” warranting rescheduling of the consultation.

 

1. Client Obligations. In exchange for the services described in Paragraph 1, Client agrees as follows:

 

1. Fees.  Client will pay Levine either $155 (if Services are performed in-home) or $140 (if Services are performed virtually) in exchange for the Services described in Paragraph 1 of this Agreement (the “Fee”), with the entire fee due upon signing this Agreement. Additional 1-hour follow-up consultations can be booked by mutual agreement of the Parties at the rate of $105.00 per consultation for in-home consultations and $90 for virtual consultations, with payment due upon booking.  All follow-up consultations must be booked within three months of the initial consultation.  Follow-up consultations include a reasonable amount of email support and advice during the week following the follow-up consultation. 

 

1. Respectful Treatment.  Where Levine agrees to provide the Services in-person, Client agrees to treat Levine with respect, and to ensure Levine is treated with respect by the other individuals in Client’s home. If Levine experiences any verbal abuse; condescending language or behavior; harassment of any kind (including sexual harassment); or physical abuse or harm, or threat of the same, Levine’s Services will immediately end and Levine will retain all Fees already paid under this Agreement. Whether Client has breached this Paragraph 2(b) is in Levine’s sole discretion. 

 

1. No Medical Advice or Treatment.  Client acknowledges that Levine, Levine’s agents, and Levine’s employees are not medical professionals, nor is Levine engaged in the practice of medicine.  Client acknowledges that Levine does not engage in the provision of medical services, and that Levine does not treat or profess to diagnose, operate on, or prescribe for any physical ailment or any physical injury or deformity of Client or Client’s child. Client understands that Levine’s services are in no way a substitute for medical care or advice.

 

1. No Guarantee.  The Parties acknowledge that Levine does not guarantee any particular outcome or result in connection with Levine’s Services.

 

1. RELEASE OF CLAIMS. In exchange for the services described in Paragraph 1 of this Agreement, Client hereby releases, waives, and forever discharges Levine, her affiliates, officers, agents, shareholders, representatives, employees, successors, and assigns (collectively, the “Releasees”) to the maximum extent permitted by law, from liability, claims, or causes of action arising out of or related to the Client’s relationship with Levine, this Agreement, Levine’s services, including, but not limited to, claims for injuries to persons (including death); claims for injuries to property; negligence; or breach of contract (the “Released Claims”), and any damages, costs, or fees allegedly arising out of any Released Claims.  The Released Claims do not, however, include claims of gross negligence, willful misconduct, or intentional wrongdoing. Client understands that this Paragraph exempts Levine from liability for, among other things, her own negligence, and that Client is giving up a substantial right by agreeing to this release of claims. 

 

1. Indemnification. Client agrees to defend, indemnify and hold Levine, jointly and individually, harmless against any claims, suits, proceedings, or actions, made by any third party (including any of Client’s invitees or agents) (the “Third Party Claims”) and to pay any settlements, awards, damages, costs, expenses, judgements, or fees (including attorney’s fees) in connection with such Third Party Claims (collectively, the “Losses”), to the extent that such Third Party Claim arises out of or relates to: (a) any breach of this Agreement by Client; or (b) any conduct, acts, or omissions by Client in connection with Levine’s Services, including, but not limited to, violations of laws or regulations, negligence, or misconduct.

 

1. Termination. Levine reserves the right to discontinue the Services at any time and for any reason whatsoever, including, but not limited to, Client’s breach of this Agreement.  If Levine discontinues her Services as provided by this Paragraph 7, Levine will retain a pro rata portion of her Fee for any Services already completed, and will refund the remaining balance of the Fee to Client within 30 days after Levine gives notice to Client she is terminating her Services under the Agreement. 

 

1. No Refunds.  Except as otherwise provided in this Agreement, Levine’s Fee is non-refundable, either in whole or in part.

 

1. Services Not Transferrable.  Client understands they cannot transfer Levine’s Services under this Agreement to another person. 

 

1. Authority. Each Party warrants they are under no disability, restriction, or prohibition with respect to their ability to execute this Agreement and perform its terms and conditions. 

 

1. Entire Agreement. This Agreement sets forth the entire understanding of the Parties hereto relating to the subject matter of this Agreement, and supersedes all prior Agreements, whether oral or written. No modification, amendment, or waiver of this Agreement or any of the terms of this Agreement will be binding upon either Party unless confirmed by a written instrument signed by both Parties.  

 

1. Waiver. No waiver by either Party of any term or provision of this Agreement or of any default of any term of this Agreement will affect either Party’s respective rights to enforce such term or provision, or to exercise any right or remedy in the event of any other default, whether or not similar.

 

1. 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.

 

1. Choice of Law. This Agreement will be interpreted in accordance with the law of the State of Tennessee

 

 

 

1. Forum and Venue. With respect to any claim related in any way whatsoever to this Agreement, the Parties consent to the exclusive jurisdiction, forum, and venue of the state and federal courts, as applicable, located in Davidson County, Tennessee.