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SLEEP FOUNDATION CONSULTATION AGREEMENT

 

This Sleep Foundation Consultation 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. Sleep Support Services.  Levine will provide one 1-hour foundational sleep education consultation (“Sleep Education Consultation” or “Services”) to Client regarding Client’s child(ren). As used in this Agreement, “Sleep Education Consultation” means providing non-medical advice for Client to use in connection with the sleep practices of Client’s child(ren), and is limited to providing either: (i) education regarding holistic sleep practices for Client’s child(ren), or (ii) discussion of one specific challenge Client’s child(ren) are facing regarding their sleep practices. Levine’s fee under this Agreement includes one 1-hour consultation; a written follow-up summary of the consultation; and electronic delivery of written resources. All Services under this Agreement will be provided virtually.  

 

  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, that 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 $99.00 in exchange for the Services described in Paragraph 1 of this Agreement (the “Fee”).  Payment is due, in full, upon Client’s signing this Agreement.

  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(ren). 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.

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