This Services Agreement (this “Agreement”) is entered into by and between Dream Team Method LLC (the “Consultant”), and (the “Client”). Each of the Consultant and the Client hereby agrees 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 the Client certain infant and child sleep consulting services in accordance with the terms agreed upon by the Client and the Consultant (the “Services”).
1. Payment Terms and Conditions
The agreed-upon compensation due to the Consultant for performing the Services will be set forth in the attached proposal (the "Proposal"). Prior to the commencement of the Services, all payments shall be made to the Consultant as specified in the attached Proposal. No refunds will be available once payment has been processed, unless otherwise approved by the Consultant in its sole discretion.
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.
3. Disclaimer
The Client acknowledges and agrees that the Services are not medical advice and are not intended to replace or supplement any medical advice received by the Client. Any advice provided by the Consultant in connection with the Services is for informational purposes only and is intended for use with children who have common sleep issues unrelated to medical conditions. The Client is advised to consult with and obtain approval from their child’s pediatrician before implementing any sleep plan related to the Services and should always seek the advice of a physician or other medical professional for questions regarding their child’s health and welfare.
4. Relationship of Parties
This Agreement shall not constitute an employer-employee relationship. 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, the Consultant is not a medical professional, and the Consultant’s advice to the Client is not medical advice; 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 visual aids), may not be reproduced, republished, or transmitted in any form or by any means without the Consultant’s express written consent.
6. 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 the Client's consent before posting photos or videos of the Client and/or their family on social media or in other marketing materials.
7. Limitation of Liability and Release
The Consultant shall not be liable to the Client for any claims, losses, injury, or indirect, incidental, special, or consequential damages resulting from the Services, whether such claims allege 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 the Services.
8. Entire Agreement
This Agreement, together with the Proposal, represents the entire agreement between the parties and may only be amended or modified by a written instrument signed by both parties.
9. Governing Law
This Agreement shall be governed by and construed, enforced, and interpreted in accordance with the laws of the State of California.