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Sleep Consultant Agreement

Terms and Conditions

Thank you for choosing Sleep Little Bear.  Please read these terms and conditions carefully. By taking part in Sleep Consulting sessions you are deemed to accept these terms and conditions. Please print off a copy for future reference if you are viewing this online.

 

1. Definitions

In this Agreement, the following words shall have the following meanings:

 “Sleep Consultant” means Julia of Sleep Little Bear.

“Coaching” means instructions/advice provided by Sleep Consultant.

 “Confidential Information” means all of your personal information, details and data of any kind including information of which the Sleep Consultant shall have gained knowledge in the course of or in connection with the performance of this agreement.

“Fees” means the fees charged under Clause 4.

“Services” means the provision by the Sleep Consultant to you of Sleep advice as selected on the confirmation form and more particularly described in the Appendix at the end of these terms and/or such other services as may be agreed from time to time by the parties.

“Term” means the period in which this agreement continues in force as specified in Clause 3 (term)

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2. Appointment of Sleep Consultant

You hereby engage the Sleep Consultant to supply the Services during the Term and the Sleep Consultant hereby accepts such engagement upon these terms and conditions. Your entitlement to take part in any Sleep Consultant sessions, consultations or workshops will only arise when the Sleep Consultant has dispatched the order confirmation and received full payment of all sums due in respect of the Sleep Consultant, consulting or workshop(s) unless other payment arrangements have been agreed in writing with you.

 

3. Term

Your Sleep Coaching will start on the date stated on the order confirmation and shall continue for the period agreed on the order confirmation and any agreed extension of such period.

 

4. Fees

You agree to pay to the Sleep Consultant the Fees set out on the order confirmation before the consultation, Sleep Coaching session or workshop starts.

 

5. Sleep Consultant’s obligations

The Sleep Consultant will provide the Services in accordance with the Sleep Consultant Rules and Guidelines attached.

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6. Your obligations

You agree to abide by the Sleep Consultant Rules and Guidelines attached.

 

7. Confidentiality and data protection

7.1.The Sleep Consultant shall not itself disclose to any person, firm or company any of the information disclosed by you during the sessions (“Confidential Information”) and the Sleep Consultant shall not use any of the Confidential Information for its own purposes nor for any purposes other than the provision of the Services PROVIDED THAT the Sleep Consultant may disclose Confidential Information to the extent specifically authorised by you.

 

7.2. The restrictions contained in Clause 7.1 shall cease to apply to any information or knowledge to the extent that

7.2.1. it comes within the public domain other than through breach of Clause 7.1 or

7.2.2. is required or requested to be divulged by any court, tribunal or governmental authority with competent jurisdiction; or

7.2.3. if required by law or the Sleep Consultant in its absolute discretion believes that someone may be harmed.

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7.3. Any personal data that the Sleep Consultant collects from you will be kept secure and the Sleep Consultant will fully comply with all applicable UK Data Protection and consumer legislation from time to time in place.

 

8. Intellectual property

8.1. The copyright in any course materials or systems which are used or provided by the Sleep Consultant in connection with the Services shall remain vested in the Sleep Consultant or the license owner. You may use such documents or systems only for purposes directly related to the Services and shall not make copies of such documents, nor use the same for any purpose not directly related to the Services without the prior written approval of the Sleep Consultant.

 

9. Liability

9.1. The Sleep Consultant shall exercise reasonable skill, care and diligence in the discharge of its obligations under this agreement, but its liability for omissions and errors in the Services arising from the default of the Sleep Consultant shall be limited to a maximum aggregate liability equal to the Booking Fee payable by you.

 

9.2. Nothing in this agreement shall exclude or in any way limit the Sleep Consultant’s liability to you for fraud, death or personal injury caused by its negligence or any liability which may not be excluded or limited as a matter of law.

 

9.3. The Sleep Consultant is not responsible for indirect losses which happen as a side effect of the main loss or damage, including but not limited to loss of income or revenue, loss of business, loss of profits, contracts or potential contracts or loss of anticipated savings.

 

9.4. The Sleep Consultant is not liable for additional costs due to changes in workshops, courses, content, venues or trainers. Every effort will be made to provide reasonable notice where possible.

 

10. Consultations and handouts or workshop materials

10.1. Any handouts or workshop materials that the Sleep Consultant sends to you following dispatch of the order confirmation will be at your risk from the time of delivery. Ownership of any course materials will only pass to you when the Sleep Consultant receives full payment of all sums due in respect of the service/s purchased. 

 

10.2 E-books and videos: Due to the digital nature of the e-books and videos, no automatic right of refund or cancellation exists after an e-book or video has been purchased by you in accordance with Regulation 13 of the Consumer Protection (Distance Selling) Regulations 2000. This does not affect your statutory rights.

 

11. Termination and cancellation of sessions

11.1. The Sleep Consultant may terminate this agreement immediately by notice in writing to you, if you repeatedly fail to follow the Sleep Consultant Rules and Guidelines or fail to pay. In which case the Sleep Consultant shall be entitled to receive the Fees to the end of the effective date on which termination occurs.

 

11.2. If you enter into this agreement over the telephone or online, then in accordance with the Distance Selling Regulations you have the right to change your mind and cancel the agreement (known as your “Cooling-Off Rights”). In order to do so, you must notify the Sleep Consultant in writing within 7 days of receiving the appropriate forms and the Sleep Consultant will refund your Fees within 30 days.  If you wish to receive Sleep Coaching immediately, you agree to waive your Cooling-Off Rights.

 

11.3 In all other cases, cancellation and rearrangement of sessions is in accordance with the Sleep Consultant Rules and Guidelines attached.

 

12. Events beyond the Sleep Consultant’s control

12.1 The Sleep Consultant will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under these terms that is caused by events outside its reasonable control (known as a “Force Majeure Event”). 

 

12.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond the Sleep Consultant’s reasonable control and includes in particular (without limitation) strikes, lock-outs or other industrial action; civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; impossibility of the use of public or private telecommunications networks; the acts, decrees, legislation, regulations or restrictions of any government.

 

12.3 The Sleep Consultant’s performance under these terms is deemed to be suspended for the period that the Force Majeure Event continues, and the Sleep Consultant will have an extension of time for performance for the duration of that period. 

 

13. Governing law

This agreement and any non-contractual obligations arising in connection with it shall be governed by English law. The English courts shall have exclusive jurisdiction to determine any dispute arising in connection with this agreement, including disputes relating to any non-contractual obligations.   

 

Last updated on 16/10/23

 

Appendix- Sleep Consultant Rules and Guidelines

 

Nature of Sleep Consultant

You understand that:

  • Sleep Consulting is neither counselling nor psychotherapy.

  • You are responsible for creating your own results

  • Sleep Consulting results are not guaranteed

  • Sleep Consulting does not offer or replace medical advice

  • If you have specific concerns about your or your child’s health, you should always seek advice from a suitably qualified healthcare professional. 

  • Where information on a specific option is supplied this does not constitute a recommendation. 

 

Forms and Sleep Logs

You will be requested to fill in certain forms and sleep logs prior to the commencement of the Consultation, Sleep Consulting Programme and between Sleep Consulting Programme Sessions.  You understand that not completing these activities may affect your progress in achieving your personal outcomes.

 

Sleep Consulting Options

A. One to one Sleep Consulting:

1. By telephone: You will be called by the Sleep Consultant at the specified time.

2. Online (Zoom/FaceTime): You will be connected by the Sleep Consultant at the specified time.

3. Email: You will receive Sleep Consulting support via email if and as set out in the order confirmation.

4. WhatsApp or Consultation App: You will receive Sleep Consulting support via the App set out in the order confirmation.

 

Please note: Being late for the start of an appointment will not change the end time. Sleep Consulting sessions paid for in advance must be taken within 6 months of the date of booking after which the fee is forfeited.

Cancellation and rescheduling:

In exceptional circumstances, the Sleep Consultant may need to rearrange a Sleep Consulting session. In those instances you will be given 24 hours’ notice where practical.

 

B. Workshops

Workshops take place at: At the locations advertised on the Sleep Consultant’s website. Content and length of workshops is set out in the joining instructions.

If you wish to cancel a workshop the following charges apply:

  • Cancellation 30 days or more prior to the workshop date: you will be charged 25% of the fees (75% refunded)

  • Cancellation between 15 and 30 days prior to the workshop date : you will be charged 75% of the fees (25% refunded)

  • Cancellation 14 days or less prior to the workshop date : you will be charged 100% of the fees (zero refund)

If you fail to attend the workshop, the fees are forfeited (no refund).

Illness/Sickness.  There will be a 25% re-booking fee should you be unable to attend due to illness provided you inform the Sleep Consultant in writing, a minimum of 24 hours prior to the start of the workshop. Failure to notify the Sleep Consultant as stated will be treated as a cancellation and there will be no refund. 

Cancellation by the Sleep Consultant

The Sleep Consultant reserves the right to cancel or postpone a workshop without liability and you will be offered an alternative workshop date, a credit note or a refund.

The Sleep Consultant also reserves the right to alter the workshop content, alter the workshop location or to alter the workshop delegate numbers at any time without liability.
 
Special Requirements

If you have any special requirements in relation to your participation in the Sleep Consulting Workshop please contact us as soon as possible to discuss your requirements on Tel: +44 07477 064717.

Course materials

Please bring these with you to all sessions.

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