Terms and Conditions for Pediatric Sleep Consulting Services
By purchasing a Sleep Consulting Package with Sishh Little Baby LLC, this “Agreement” is made and entered into between “Client” and SISHH LITTLE BABY LLC “SISHH LITTLE BABY.” Service may be provided by Sistaciou Mccatty or another employee of SISHH LITTLE BABY, referred to as “the Consultant.”
1. Consultation Services. The Client hereby employs SISHH LITTLE BABY to perform the following services under the terms and conditions outlined in this Agreement. Sishh Little BABY will confer with the Client about any concerns relating to the sleep plan agreed upon with the Client, including its implementation and management. Details of which consultation package is to be purchased are agreed upon by the Client and SISHH LITTLE BABY via email before invoicing.
2. Terms of Agreement. SISHH LITTLE BABY will provide a consultation to the Client regarding the implementation of healthy sleep habits for the Client’s child including the following services for the consulting package purchased. Following the initial phone consultation, the Client will receive any customized sleep plans or other documentation included with their purchased consultation via email within 48 hours, unless otherwise agreed between SISHH LITTLE BABY and the Client. The Client agrees to follow the plan using their best judgment and commit to working with SISHH LITTLE BABY for two to three weeks to establish healthy sleep habits for the Client’s child unless otherwise agreed to between SISHH LITTLE BABY and the Client. SISHH LITTLE BABY reserves the right to terminate the Agreement at any time with or without full or partial refund if the Client breaches any of the terms of this Agreement or if it appears to the Consultant that the Client or another individual in the Client's household is not following the Sleep Plan prepared by the Consultant.
3. Consulting with the Client’s health care provider. The Client agrees to consult with the Client’s pediatrician or family physician (“health care provider”), about the Client’s intention to sleep train before implementing the sleep plan if the Client has any questions regarding their child's health. It is the Client’s responsibility to be sure that any underlying medical conditions that may be causing sleep problems (including, but not limited to, sleep apnea, ear infection, allergies, and asthma) have been ruled out as well as to ensure that the health care provider has advised that the Client’s child is healthy. If the Client desires to stop nighttime feedings, the Client should be sure that doing so is okay with their child's healthcare provider. The Client agrees to notify SISHH LITTLE BABY of any changes to the child's health during the sleep training process. Sleep training should not be implemented for a child who is ill or has an underlying medical condition that affects sleep.
4. Liability and Disclaimer. The information provided by SISHH LITTLE BABY is neither intended nor implied to be a substitute for professional medical advice. This consultation is intended as an educational service only. The Client is advised to always seek the advice of a physician or other qualified healthcare provider with any questions regarding a medical condition or the health and welfare of the Client’s child. SISHH LITTLE BABY will use reasonable efforts to include up-to-date and accurate information in consults but makes no representations, warranties, or assurances as to the accuracy, currency, or completeness of the information provided. SISHH LITTLE BABY shall not be liable for any damages or injury resulting from the Client’s access to or inability to access the information discussed or from the Client’s reliance on any information provided by SISHH LITTLE BABY. This consultation may provide references to outside materials and resources, but SISHH LITTLE BABY will have no responsibility for the content of such other references and shall not be liable for any damages or injury arising from that content. Any references provided by SISHH LITTLE BABY are provided merely as a convenience to the user.
5. Payment to SISHH LITTLE BABY. SISHH LITTLE BABY will be paid the flat rate for the work that will be provided under this Agreement. SISHH LITTLE BABY will provide an invoice outlining all services to be rendered and collect payment in full before the initial consultation with the Client. The Client will have the option to seek additional support from SISHH LITTLE BABY if desired at a rate dependent upon the level of support being sought.
a. Cancellations – any consultation canceled within 24 hours of the scheduled first meeting time for any reason other than a death in the immediate family will not be eligible for a refund.
b. Rescheduling – The client has up to 24 hours of the scheduled first meeting time to reschedule their consultation without penalty. Consultations rescheduled within 24 hours of the scheduled first meeting time for any reason other than a death in the immediate family may not be eligible for a refund.
6. Term and Termination. This Agreement shall remain in full force and effect until the conclusion of services provided unless earlier terminated by SISHH LITTLE BABY for any reason upon not less than ten (10) business days’ notice given to the Client. Notwithstanding any such termination, expense reimbursement payable to SISHH LITTLE BABY by the Client as provided herein shall be paid promptly under this Agreement. Such termination shall not include a refund in any form.
7. Refund. Refunds are at the sole discretion of SISHH LITTLE BABY. The invoiced amount paid by the Client is generally considered non-refundable.
8. Non-Guarantee. SISHH LITTLE BABY does not offer any guarantees related to the effectiveness of services. Results are entirely dependent on commitment from caregivers to follow consistently the plan outlined by SISHH LITTLE BABY. SISHH LITTLE BABY cannot guarantee results, as many things impact sleep, including but not limited to illness, teething, sleep environment, visitors, traveling, inconsistent reinforcement, and growth spurts.
9. Confidential Information. SISHH LITTLE BABY agrees that any information received from the Client during any furtherance of her obligations under this agreement which concerns the personal, financial, or other affairs of the Client will be treated by SISHH LITTLE BABY in full confidence and will not be revealed to any other persons or organizations without the written consent from the Client.
10. Parent Commitment and Communication. The Client understands that their commitment to this process is absolutely necessary to see the results they are hoping for regarding their child’s sleep. The Client agrees to follow current recommendations from the American Academy of Pediatrics on safe sleep practices. The Client understands that SISHH LITTLE BABY encourages and enjoys updates from them and that it is their responsibility to correspond with SISHH LITTLE BABY. The Client promises to bring up any concerns, doubts, or confusion regarding the sleep plan developed with SISHH LITTLE BABY as soon as possible so the Client and SISHH LITTLE BABY may address them constructively and work together to achieve the goals outlined in the consultation.
a. The Client must prioritize sleep and follow recommendations given by SISHH LITTLE BABY to see results. The Client is responsible for being consistent with sleep times, methodology, approach, and follow-through to see results. SISHH LITTLE BABY does not offer any guarantee regarding sleep goals or results as the Consultant is only one half of the partnership, the Client is the other. We work together to achieve success.
b. The Client understands that SISHH LITTLE BABY is generally available to answer questions Six days a week (Monday-Saturday) during business hours (9 am – 9 pm at the Consultant’s local time). For clients that book additional night support, this service will be provided separately and will provide support text/email support during the nighttime routine. If the Client needs guidance, the Client should first use their own best judgment and second text or email their Consultant with SISHH LITTLE BABY so that they may be assisted as promptly as possible (with the understanding that text messages or emails received between 9 am and 9 pm (Consultant’s local time) will be answered as quickly as possible. The Client understands they should use their best judgment while waiting for a response from SISHH LITTLE BABY and should always use their best judgment during the sleep training process.
c. For in-home consultations, the client must ensure that the environment is safe for the consultant to come in. That is, animals are secured, and the consultant is made aware of any hazards that are/may be in the home. Emergency numbers and exits are made available in case they are needed. In-home consultation is done in the New York, and New Jersey areas and some parts of Connecticut.
11. Professionalism and Courtesy. SISHH LITTLE BABY agrees to treat all Clients with respect and kindness, especially given the sensitive nature of sleep and family. The Client agrees to maintain professionalism and respect towards the Consultant in all their communications. This includes but is not limited to no cursing or yelling at the consultant, calling names, or disparaging their professional opinions and work.
12. Signature. Both the Client and SISHH LITTLE BABY agree to this Agreement. By paying the invoice received by the client you are stating Client: I, the undersigned client, hereby warrant that I am competent to contract in my name. I confirm that I have read the agreement herein before its execution and I am fully familiar with the contents thereof. This Agreement shall be binding upon me and my legal representatives and assigns. I agree to the terms and conditions of this contract.
13. Mandatory Arbitration. In the event of any differences, claims, or disputed matters between the parties hereto arising out of this Agreement or connected herewith, the parties agree to submit such matters to arbitration by the American Arbitration Association. Either party can invoke arbitration upon thirty (30) business days’ notice to the other party. The determination of the arbitrator shall be final and absolute. The arbitrator shall be governed by the duly promulgated rules and regulations of the American Arbitration Association or its successor. The decision of the arbitrator may be entered in a judgment in any court of NEW YORK or elsewhere. The arbitrator shall not have the power to award consequential or exemplary damages.
14. Indemnification. To the full extent allowed by law, the Client shall fully protect, defend, indemnify, and hold SISHH LITTLE BABY harmless against and from all claims, losses, damages, judgments, expenses, or costs, including attorney’s fees and costs of investigation, incurred by it or to which it may become subject, resulting from breach of any term, representation, provision or condition of this Agreement.
15. Validly Existing Agreement. By receiving payment of the Client’s invoice SISHH LITTLE BABY and our team of Sleep Consultants agree to the terms and conditions of this contract.
16. Venue. This Agreement shall be governed by and construed by the laws of NEW YORK.
17. Non-Waiver. The failure of any party to insist in any one or more instances upon the performance of any terms or conditions of this Agreement or the granting of concessions shall not be construed as a waiver of future performance of such or any other term, covenant, or condition.
18. Notice. All communications and required notices shall be sent to contact@sishhlittlebabies.com
19. Entire Agreement. This Agreement constitutes the entire agreement between the Parties and supersedes all prior oral and written agreements between the Parties hereto concerning the subject matter hereof. Neither this Agreement nor any provision hereof may be changed, waived, discharged, or terminated orally, except by a statement in writing signed by the party or parties against whom enforcement or the change, waiver, discharge, or termination is sought.