Terms.
All. The. Fine. Print.
Use of Website
Disclaimer
The purpose of this website is to provide general information for prospective clients of Well-Rested. It is not intended as a source of advice and no relationship is established between Well-Rested and any person by the use of this site. Sleep education and coaching is not a replacement for true medical advice and should not be used in lieu thereof. Please contact Well-Rested directly to discuss your specific situation. Content on this website cannot be reproduced without the express permission of Well-Rested.
Terms of Service
1. In purchasing a Well-Rested Package you are agreeing to the following terms:
Services Provided:
a) Restful Foundations
An assessment of Client’s mini-intake form. An approximately 1-hour video call during which the Consultant will offer to view the Client’s nursery and assess it for safety considerations. The Consultant will then lead a discussion on healthy sleep foundations and tailor it to the age and needs of the Client. Following this call, the Consultant will email a sleep shaping plan that includes the particulars discussed during the Sleep Foundations call.
b) Well-Rested the Package
A thorough assessment of the Client’s sleep intake form. An approximately 1-hour video consultation, which will cover healthy sleep habits, the Client’s issues being experienced and the options for how to approach these issues. It will be discussed when a good time to start the implementation of the 2-week sleep plan. A Set for Success call will be booked at an agreed upon time, preceding the start of the plan.
Within 48-hours of the consultation, an individualized sleep plan will be emailed to the Client.
The consultant will assess the Client’s sleep log data on a daily basis and will comment on an as needed basis. The Consultant will provide unlimited communications* via phone or email for 14 nights starting with the initiation of the sleep plan.
*within reason
c) Restful Notes
An assessment of Client’s mini-intake form. A 20 or 40-minute phone call (dependent on number/type of questions) to address any Client concern regarding one or more of their child’s sleep concerns.
2. Refunds
Refunds will be accepted only if they are requested more than 72 hours before scheduled consultation or phone call.
3. Appointments
Restful Foundations, Well-Rested the Package, and Restful Notes appointments that need to be rescheduled must be done so at least 24 hours in advance. If you no-show for an appointment without communication, I will send you in writing that our contact has been breached, and therefore our time together has ended. I will wait online for 10 minutes from the start time of our appointment, or give 2 phone calls 10 minutes apart, before determining that you are unable to attend. Support calls can be cancelled and booked the day of.
4. Medical
I understand that I need to consult with my child’s doctor about my intention to sleep train and implement a sleep plan for my child prior to any implementation of a sleep plan put forth by the Consultant. I agree to disclose any medical condition which my child may have to the Consultant as any omissions may affect the success of my child's sleep consulting journey.
I understand that is my responsibility to rule out any underlying medical conditions with my child’s health care practitioner that may be causing sleep problems (i.e., sleep apnea, ear infection, allergies, asthma etc.), as well as to ensure that my child is gaining weight appropriately, is thriving, and that it is appropriate to implement a sleep plan that may include removal of night feedings.
I agree to inform the Consultant of any medical changes during the sleep training process (i.e., illness, ear infection, etc.) as sleep training should not be implemented unless the child has a healthy diagnosis from a health care professional.
I understand that advice and recommendations provided by the Consultant is given in the capacity of a Certified Child Sleep Consultant and is not intended to be a substitute for medical advice or treatment. I will seek the advice of a licensed doctor or other qualified health practitioner regarding any matters that may require medical attention or diagnosis.
5. Resources
The Consultant may provide references to other materials and resources, but they 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. These are provided as a mere convenience to the client.
6. Information
I understand that the Consultant utilizes every provision to keep my information safe. My private information will not be distributed to any third party for any reason, at any time.
Reliance on any information provided by the Consultant is undertaken solely at my own risk. The Consultant does not make any warranties, express or implied, regarding consulting services provided. The Consultant’s liability (if any) is limited to the consulting fee paid by me to the Consultant and in no event will the Consultant be liable to for any additional claim, losses or damages.
The information provided by the Consultant is not intended, nor is implied to be a substitute for professional medical advice. the Consultant makes reasonable efforts to include up-to-date and accurate information in our communications but makes no warranties, or assurances as to the accuracy, currency, or completeness of the information provided. The consultant 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 the Consultant.
7. Outcomes
While the Consultant will endeavour to deliver and support effective strategies to help children sleep consistently, we cannot guarantee success for all children. Not reading the plan, not following the plan, or only selecting to implement elements of the plan without the assistance of the Consultant in making adaptations, will reduce the likelihood of our success. Similarly, it is understood that children progress at different rates, and although estimates are given of when progress will be seen, it is not guaranteed that every child will meet these time frames. For families with multiple caregiveres, it is important that all members involved with my child’s sleep plan follow the plan as given (parents, relatives and other caregivers).
8. Safety
I agree to follow safe sleeping practices in line with the Canadian Academy of Paediatrics and the World Health Organization recommendations. I understand that it is at the discretion of the Consultant if I am following these practices, and that this contact can be terminated at any point if there is reason to believe that these practices are not being upheld.
9. Intake Form
I will complete the client intake form to the best of my ability and understand that any omission or incorrect information may affect the Consultant from providing effective and appropriate strategies to help my child sleep.
10. Sleep Plan
The sleep plan provided by the Consultant is customized specifically for my child. It is important to share this with those that will be helping me to implement these strategies but should otherwise remain exclusively for my use and will not be given to any third party.
I will implement and commit to the sleep plan provided by the Consultant in a timely manner to make best use of my allotted follow-up support offered within my chosen sleep consulting package. The support period begins the day after my “Set for Success” call unless otherwise agreed upon with the Consultant.
11. Support
Support includes questions relevant to the stated child’s case, or talking through any issues being experienced. It is the responsibility of the client to fill out the sleep log daily by 9am. This allows the Consultant to best assess client needs for the day and how to best coach the client for the night to come.
In purchasing a sleep package that includes coaching support, it is understood that this support is to commence at the induction of the sleep plan. The date of induction will be communicated in writing to the Consultant, and this is the beginning of the support term. I understand that it is my responsibility to reach out to the consultant if I am in need of support. If the consultant does not hear from me, it will be assumed that all is well.
There will be no carry over of unused support time, nor will there be any reimbursement for time not used. Sleep coaching should be paused when your child is unwell. At the discretion of the Consultant, if you notify the Consultant in writing of your child becoming ill during the first week of sleep coaching, support may be paused until the child becomes well. If the child becomes ill after night 10 of support, I will coach you on how to continue once they are well, but your support package will not be paused.
Any unforeseen circumstances must be communicated to the Consultant in a timely manner, and the Consultant will use their discretion as to whether there may be a laps in support, to be continued at an alternate time. This will be communicated in writing.
12. Communication
I understand that the Consultant will respond to my communications in a timely manner whenever possible, but that there might be some delay when I communicate outside of hours discussed during my consultation.
I understand that if the Consultant does not hear from me for a period of time, or if I miss a prearranged call or do not respond to communication initiated by the Consultant, they will assume that all is going well and that no further support is required.
I agree that a redacted summary of my child's sleep consulting journey may be used by the Consultant for case studies and/or marketing & promotional efforts. Please note that no identifying information will be used, and all names will be changed or removed.
11. Termination
The Consultant reserves the right to terminate this Agreement at any time, with or without partial refund of the Fees, if I breach the terms of this Agreement.
12. Liability and Disclaimer
The Consultant makes no representations, warranties or guarantees verbally or in writing about results the Services will produce. Client understands that because of the nature of the Services, the results experienced by each Client may significantly vary. Client and their heirs agrees they are using Consultant’s Services at their own risk. Client and Parent releases Consultant, its officers, employees, directors, subsidiaries, principals, agents, heirs, executors, administrators, successors, assigns (hereinafter “Releasees”) from any and all damages that may result from any claims arising from any agreements, all actions, causes of action, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in equity arising from this Agreement or the Services. Client accepts any and all risks, foreseeable or unforeseeable. Consultant will not be held liable for any damages of any kind resulting or arising from including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of Consultant’s Services.
13. Intellectual Property
All information, ideas, products and program materials shared by Consultant is protected. All products and materials are copyrighted and original materials that have been provided to Client are for Client’s individual use only and a single-user license. Client is not authorized to use any of Consultant’s intellectual property for Client’s business purposes. All intellectual property, including Consultant’s copyrighted program and/or materials, shall remain the sole property of the Consultant. No license to sell or distribute Consultant’s materials is granted or implied.
14. General Legal Provisions
a) Consultant shall not be held liable for loss, damage or failure to perform its obligations under the Agreement or be deemed to be in breach of the Agreement if its failure to perform any obligation hereunder results from any contingency beyond its reasonable control, including COVID 19, pandemic, war (whether declared or undeclared), acts of God, hurricanes, tornadoes, typhoons, tsunami, earthquakes, embargoes, explosion, wild fires, riot, delays or defaults caused by carriers, floods, governmental seizure, control or rationing or compliance with any applicable law.
b) The Agreement constitutes the entire agreement among the parties hereto pertaining to the subject matter of the Agreement and no provision of the Agreement may be modified or amended unless such modifications or amendment is agreed to in writing and signed by both parties.
c) The Agreement shall be governed by and construed in accordance with the laws of the Province of Alberta and the federal laws of Canada applicable therein. For the purpose of all legal proceedings the Agreement shall be deemed to have been performed in the Province of Alberta and the courts of the Province of Alberta shall have jurisdiction to entertain any action arising under the Agreement.
d) The rights and obligations of the parties set forth in this Section and any right or obligation of the parties in the Agreement which, by its nature, should survive termination or expiration of the Agreement, will survive any such termination or expiration of the Agreement.
e) No waiver or any breach of any provision of the Agreement shall be effective or binding unless made in writing and signed by the party purporting to give the same and, unless otherwise provided in the written waiver, shall be limited to the specific breach waived.