Client Agreement

This Agreement is effective between the Client and Smart Night Sleep LLC (“Smart Night Sleep”) simultaneously upon the purchase by the Client of a Child Sleep Consulting Bundle from Smart Night Sleep and shall govern the responsibilities, agreements and understandings made between the parties hereto.  The Sleep Consulting & Coaching Service shall be provided by Jennie E Clarke, a Family Sleep Institute Certified Sleep Consultant, (“Consultant”).

​

1. Consultation Services. The Client and Smart Night Sleep will discuss the Client’s concerns and develop, implement and manage a Sleep Plan to maintain a consistent sleep schedule and healthy sleep habits for the Child.  

2. Services of Consultant. After an introductory fifteen (15) minute telephone consultation and an hour planning session and within forty eight (48) hours (or such other time as may be agreed to by the parties) after the Client’s payment of the fee for the selected Child Sleep Consulting Bundle (the “Bundle”), Smart Night will provide the Client a  specially made and personalized sleep plan for the Child prepared by the Consultant and other written information included with the Bundle purchased  by the Client (the “Sleep Plan”). The Client shall strictly implement the Sleep Plan in strict accordance with its terms in order to meet its goals.

​

3. Fee. Smart Night Sleep shall be paid a non-refundable consulting fee in the amount set forth in the Bundle purchased, payable prior to the commencement of Smart Night Sleep’s services. The Client will have the option to seek additional support and services from Smart Night if desired at an additional cost to be agreed and as set forth in a separate written agreement between the parties.

​

4. Client Responsibilities. The Client understands that their dedication and commitment is absolutely necessary to implement and maintain the Sleep Plan.  The Client is responsible for being consistent with sleep times, methodology, approach, and follow through in order to see positive results.

It is also the Client’s responsibility to consult with the Child’s pediatrician or family physician to ascertain the good physical health of the Child and that the Child is free from any disease or disability that may be causing sleep problems or may be likely to interfere with the Sleep Plan prior to its implementation. The Client must keep Smart Night Sleep up to date with the Child’s health condition. Smart Night’s services are educational and not to be considered professional medical advice.  

​

In the event the client desires to reschedule a scheduled telephone conference with the Consultant, the Client must notify Consultant at least twenty-four (24) hours prior to the scheduled telephone conference or the scheduled telephone conference will not be rescheduled, and no refund made in the sole discretion of the Consultant.

​

5. Term. This Agreement shall remain in full force and effect until the earlier of (i) the conclusion of services specified in the Bundle purchased or (ii) upon not less than five (5) business days’ written notice given to the Client by Smart Night that the Client is not following the Sleep Plan prepared by the Smart Night Sleep.

​

6. No Guaranty. Smart Night does not offer any guarantees since many things impact sleep which are not within the control of Smart Night Sleep.

​

7. Indemnification.  Client agrees to defend, indemnify and hold harmless Smart Night Sleep from and against any claim, damage, liability, loss, action, cause of action, penalty, cost or expense (including reasonable fees and expenses of attorneys) relating to, arising out of, or in connection with this Agreement.

​

8. Waiver. Any waiver of any provision of this Agreement must be made expressly and in writing. The failure of any party to insist in any one or more instances upon performance of any terms or conditions of this Agreement shall not be construed as a waiver of future performance of such or any other term, covenant, or condition.

​

9. Notice. Any notice or other communication under this Agreement (a "Notice") shall be in writing and shall be given by email transmission (with delivery confirmation), addressed to Smart Sleep at jennie@smartnightsleep.com and addressed to Client at the email address provided by Client.

​

All email transmissions received during Sleep Night’s business hours, Monday through Friday, 9 a.m. through 9 p.m. at Smart Night Sleep’s local time and email transmissions received during holidays, Saturdays, or Sundays will be answered by the next business day. The Client understands they should use their best judgment while waiting for a response from Smart Night Sleep, and should use their best judgment at all times during the sleep training process.

​

10. Amendments. No supplement, modification or amendment of this Agreement will be binding unless executed in writing by the parties.

​

11. Disputes. The laws of the State of Florida shall govern the validity of this Agreement.  Any dispute arising out of or related to this Agreement that the parties are unable to resolve by themselves shall be settled by arbitration held in Orange County, Florida by a single arbitrator in accordance with the rules of the American Arbitration Association. The arbitrator shall not have the power to award consequential or exemplary damages.

​

12. Validly of Agreement. The payment by Client of the consulting fee in the amount set forth in the Bundle purchased shall be conclusive proof that Client has read and fully understands this Agreement and agrees to the Agreement’s terms and conditions

​

13. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior negotiations, understandings, and agreements of the parties.

​