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Terms & Conditions

 

 

Private Sleep Coaching Services Agreement and Disclaimer                                                                 

These terms are applicable for Private Sleep Coaching Services
Our Responsibilities:
1. As agreed, Tiny Transition will provide a detailed sleep plan for your child and customized support based on the information provided by you.
2. Unless unanticipated difficulties are encountered, our communication will mainly be in the following form:

  • Unlimited Email Support
  • Walkie-Talkie App
    • Response time is not guaranteed, typical response hours are between 9 am & 5 pm local time, Monday – Friday, unless extended support hours are purchased.
  • Scheduled Check-in Calls

3. Extended Support {optional add-ons} includes support via email, scheduled check-in call and through the walkie-talkie app, during normal business hours, Monday – Friday. As outlined in the program you select to be included when purchased. This includes in-home consultations, half and full-night services, and extended support hours.

Your Responsibilities:
It is understood and agreed that:
1. You will provide Tiny Transitions with all the required information before the consultation.
2. You will notify them of any applicable changes.
3. If your child is under the care of a physician, you will seek your doctor’s approval for implementing sleep changes for your child.
4. You will follow the plan and provide feedback during update calls as described by Tiny Transitions in detail to get the desired results.
5. To be eligible for the phone & email support, you will start the program implementation within 30 calendar days of our consultation date and finish the plan within 30 calendar days of starting it. If you do not, you will forfeit the follow-up support, or you may incur additional fees as the program is re-evaluated and possibly updated. The addition of any other charges would be at the sole discretion of Tiny Transitions.
Confidentiality:

We will maintain the strictest confidence concerning your family’s information. You also agree that you will not share the proprietary information that we provide to you with anyone.
Fees:
Tiny Transition’s price is calculated on time spent creating the plan, consulting with you, and providing support. If for any reason you decide to cease the relationship, you will not be refunded
Disclaimer & Agreement:
The services that Tiny Transitions provides are not intended to replace or supplement any medical advice, even though its employees have been trained and certified in pediatric sleep consulting techniques. You agree that none of the advice that Tiny Transitions provides shall be considered medical advice, nor should the advice be relied upon you as medical advice. You should always seek the advice of your medical practitioner. Therefore, you should consult with your child’s physician or another healthcare professional if you have any healthcare-related questions or before embarking on a new sleep program. If a medical problem appears or persists for either your child, do not disregard or delay seeking medical advice from a personal physician or another qualified healthcare provider.

Accordingly, Tiny Transitions does not make any representations or warranties, express or implied, regarding the consulting services provided. Tiny Transitions liability (if any) is limited to the consulting fee paid by you to Tiny Transitions, and in no event will Tiny Transitions be liable to you for any other claim, losses, or damages. Reliance on any information provided by Tiny Transitions is solely at your own risk.
I understand that the services, programs, and classes offered by Tiny Transitions are voluntary. I will consult my child’s physician if I am concerned about any of the risks to me or my child’s health or well-being that may result from my participation in services with Tiny Transitions. I acknowledge that it is my responsibility to follow instructions for any service provided or purchase I make and to seek help from Tiny Transitions if I have any questions. I understand that there is no guarantee that my work with Tiny Transitions will resolve my need and appreciate my commitment and accountability involved. I knowingly and voluntarily agree to waive and release Tiny Transitions and its employees and representatives from any claims of liability or demands for compensation that I may acquire during my time working with Tiny Transitions.

Sleep Coach Success Lab® Agreement and Disclaimer

1. Contract Parties and Execution

The “Parties” to this Contract (“Contract”) signing below are Tiny Transitions Consulting, LLC. a Pennsylvania limited liability company having an address at P.O. Box 2094, West Chester, PA 19380 (“Tiny Transitions”) and the “Client” described below and in Schedule A.

2. Introduction and Preamble

2.1 Tiny Transitions has developed unique and proprietary programs for helping sleep consultants and other business owners with their business development.
2.2 Tiny Transitions Programs include the training program (“Training Program”), knowledge assessment, licensing of confidential information, and intellectual property licensing and related services.
2.3 Tiny Transitions wants to make its Programs available to the Client to address issues and problems relating to their business.
2.4 Tiny Transitions owns and controls the trade name and trademark Tiny Transitions and related trademarks, domain names, trade secrets, intellectual property, and designs.

The Parties have reviewed this Contract and in consideration of its provisions agree to be bound by them.

3. Training Program

3.1 Tiny Transitions will provide to the Client the Training Program, defined in Schedule B established by Tiny Transitions within the set program period.

4. Training Licensing and Certification Fees and Charges, Refunds

4.1 The Client will pay to Tiny Transitions the training, licensing, certification, renewal and other fees set out in Schedule B, which shall also be subject to this Contract’s refund provisions and subject to any changes to fees that Tiny Transitions may make at its sole discretion for any renewal related training or certification or licensing during the period subsequent to the execution of this Contract.
4.2 There are no refunds provided in the program.

5. Term of Contract

5.1 This Contract will take effect and be binding on the Parties from the date both Parties have executed the Contract.
5.2 Subject to it renewal provisions, this Contract will expire at the end of the term of the relationship.

6. Contract Inclusions and Exclusions, Entire Agreement

6.1 This Contract constitutes the entire agreement between the Parties and supersedes all promotional, academic, operational, and/or other verbal or written communications and/or agreements.
6.2 This Contract incorporates the following, notwithstanding any exclusions:
(a.) Schedule A: Terms and conditions
(b.) Schedule B: Training Program and Fees, including certification, licensing, and fee-related information and additional provisions.
(c.) Provisions included by operation of law.
(d.) Provisions included when Parties state in writing the inclusion intention or intention is reasonably implied.
(e.) Provisions reasonably implied because they are needed to fulfill this Contract’s purpose.

Schedule A: Terms and Conditions

7. Student/Client Application, Admission Standards, and Admissions

7.1 The Client represents and warrants that Client did provide Tiny Transitions with the true, complete, and accurate information that is required by Tiny Transitions to establish that the Client meets the admission, graduation, and certification standards as established by Tiny Transitions, and which may be updated and/or modified by Tiny Transitions, in its sole discretion, from time to time.

7.2 Tiny Transitions acknowledges that its admission standards were devised in order to establish that the Client:
(a.) Is well suited to study with Tiny Transitions in order to gain sufficient knowledge and training in order to build their coaching business.  Tiny Transitions may utilize the following criteria in order to determine suitability, which includes but is not limited to, Client’s professionalism, expressiveness, outgoing nature, motivation, and problem-solving capabilities.
(b.) Client is sufficiently trained by Tiny Transitions, LLC. in order to offer their own personally designed programs to customers, and that such personally designed programs are similar to and based on information provided by Tiny Transitions; and
(c.) Client shall have a reasonable prospect of achieving the scores necessary to complete the Training Program within the set training period timeframe.

7.3 Tiny Transitions represents and warrants that admission standards shall be applied fairly and impartially, shall not be waived for any applicant and that the Client was judged to have met all of the standards based on the information required to be submitted by Tiny Transitions and that was provided by the Client.

8. Student Assessment, Academic Attendance or Work and Participation

8.1 Tiny Transitions has established and will fairly apply its student assessment, promotion, and graduation standards, all designed to determine if the Client is achieving or has achieved Program Learning Objectives and will be eligible to Graduate. These Tiny Transitions standards shall be provided to the Student/Client upon admission to the Training Program.
8.2 Tiny Transitions shall provide final transcripts and graduation credentials to the Student/Client that records, reflects and represents the Client’s training achievements. Such final transcript shall be provided by Tiny Transitions within sixty days of graduation, withdrawal or dismissal from the Training Program, or within any reporting period requirements as set by law.
8.3 Tiny Transitions shall, if and as required by law, store and archive the Client’s Contract, transcript and any credentials bestowed by Tiny Transitions.
8.4 Academic attendance, class participation, and/or other factors may be considered when the Student’s/Client’s work is assessed by Tiny Transitions as part of the Training Program.

9. The Program, Program Learning Objectives

9.1 The Training Program provided by Tiny Transitions to the Client will encompass and include, collectively and not individually, the training curricula, necessary instruction, and content, suggested content delivery systems, a listing of resources, a listing of service providers, a listing of services offered, certain Tiny Transitions property, certain Tiny Transitions intellectual property and other “Program Elements” assembled by Tiny Transitions to assist the Student/Client with their Training Program studies in order to achieve the Learning Outcome Objectives as established in this Contract within the set Training Program period.

10. Program and Service Changes

10.1 Without prior written notification to the Client, Tiny Transitions agrees to make no major change to set Program, including fees; Learning Objectives; assessment; dates of the Training Program, term periods, required class hours, and Training Program duration.
10.2 Tiny Transitions may make any other reasonable changes to the Program without Client approval if Tiny Transitions, in its sole discretion, deems that the change(s):
enhances or does not significantly impact the Client’s ability to achieve Learning Objectives; or is needed to adapt the program to economic, social, or industry conditions.
10.3 Subject to this Contract’s refund provisions, Tiny Transitions may, in its sole discretion, after reasonable written notice has been provided to the Student/Client, cancel or postpone the Training Program and not offer the Program at the scheduled time as set forth in this Contract.

11. Tiny Transitions Contract Performance, Program Quality Assurance, Post Contract Obligations, Site Safety

11.1 The performance of Tiny Transitions under this Contract and the Training Program quality shall be measured only by whether:
(a.) the Training Program and its Program Elements collectively and not individually, in accordance with community and industry standards are sufficient to enable the Student/Client to achieve the Training Program Learning Objectives and assessment and graduation standards in the set Program period, and
(b.) when the Training Program and its Program Elements have been combined with the Student’s/Client’s academic work and contributions and are shown to be reasonably sufficient to allow the Student to substantially meet the Training Program Learning Objectives and assessment and graduation standards in the set Program period.
11.2 The Student’s/Client’s expected academic contributions will include as a minimum, without limitation, their effort, commitment, intelligence, current knowledge and skills, successful completion of the requirements of the Training Program and Training Program participation, as outlined in Schedule B.
11.3 Tiny Transitions makes no promises, representations, or warranties, implied or otherwise, including any implied warranty of merchantability or fitness for a particular purpose, or the Contract performance of Tiny Transitions. The Training Program Quality shall not be measured by what the Client may achieve during or after the performance of this Contract as it may pertain, but not limited to third party relationships; future contracts; future opportunities, future results or activities; future income; compensation; credit transfers; immigration status; or any other similar matters.
11.4 Student/Client must at all times adhere to the Site security and safety requirements of Tiny Transitions. Such requirements will be communicated by or provided to Student/Client by the Tiny Transitions instructor and/or staff.

12. Not A Franchise, Employment, Joint Venture, Agency or Affiliation Relationship

12.1 The Client and Tiny Transitions shall operate independently of each other prior to, during, and after the term of this Contract.
12.2 This Contract is not a Franchise Contract, and the Client and Tiny Transitions agree that this Contract does not cause the parties to enter into a franchise relationship.
12.3 The Client shall not be or represent themselves now or in the future as a franchisee, agent, sub-agent, subsidiary, affiliate, associate, partner, joint venture partner, employee, or legal representative of Tiny Transitions.
12.4 Nothing contained herein will be construed to create the relationship of principal and agent, employer and employee, franchisee and franchisor, or partners or joint venturers.
12.5 Under this Contract, the Client will not be authorized to and will not represent that they are authorized to:
(a.) legally represent Tiny Transitions;
(b.) sign or enter into any contract for or on the behalf of Tiny Transitions; (c.) assume any obligation for Tiny Transitions;
(d.) collect funds from any person for the benefit of Tiny Transitions.
12.6 Notwithstanding the generality of the foregoing and subject to sections on Fees, Certification, and the Training Program, Tiny Transitions makes the following declarations:
(a.) Tiny Transitions will not be a party to or direct and assist Client regarding contracts the Client has or may have with third parties;
(b.) Tiny Transitions does not and shall not grant Client any rights to operate any business or any specific territory;
(c.) Tiny Transitions does not require Client to, and the Client shall not undertake to operate a business in accordance with any standards, specifications, accounting practices, policies, and procedures established by Tiny Transitions;
(d.) Tiny Transitions does not grant to Client a license in any form to use Tiny Transitions trade names, trademarks, other intellectual property, and any confidential information;
(e.) Tiny Transitions does not require Client to pay any non-refundable or monthly fees, sales royalties, and commissions or to meet sales quotas;
(f.) Tiny Transitions does not require Client to obtain any type of permitting, insurance coverages, or to meet any other conditions not specifically set forth in this Contract.

13. Revocations, Cancellation, Terminations, Withdrawals, Dismissals and Delays

13.1 Subject to this Contract’s refund provisions as set forth in Schedule B, the Client may at any time and for any reason withdraw from or cancel their Training Program and Certification.

13.2 Subject to this Contract’s refund provisions as set forth in Schedule B, Tiny Transitions may at any time, after providing five (5) business days written notice to Client, dismiss the Client from the Training Program or revoke the Client’s Certification under this Contract, in the event that Tiny Transitions, in its sole discretion, deems that the Student/Client:
(a.) failed to remit payment or breach any other fundamental term of this Contract;
(b.) failed to achieve an academic standard that justifies continued enrollment in the Training Program;
(c.) provided incomplete or untruthful application information to Tiny Transitions; or
(d.) otherwise engages in behavior or conduct that is illegal, unlawful or immoral.

14. Dispute Resolution, Choice of Law and Venue, Limitation of Liability

14.1 The Parties will, without anonymity, immediately report in writing to other Parties all issues regarding the Parties’ performance under this Contract.
14.2 In the event a dispute arises between Tiny Transitions and the Student/Client, the parties will, prior to applying to a court or tribunal for a remedy:
(a.) provide written, and timely disclosure of all relevant facts and documents to the other party; (b.) attempt to resolve the dispute through informal negotiations between the parties;
(c.) if disputes remain unresolved after informal negotiations, the parties agree to try to resolve disputes by non-binding mediation with a neutral mediator jointly paid for; and
(d.) if disputes cannot be resolved within 60 days by non-binding mediation, then the parties may submit the dispute to a single arbitrator for binding arbitration.
14.3 Any and all costs associated with any of the dispute resolution processes listed above shall be the sole responsibility of each party. Further, all mediation or arbitration actions will be held in the State of Pennsylvania, and this Contract shall be construed in accordance with the applicable laws of the State of Pennsylvania. Both Parties agree that any dispute shall be brought before the proper Alternate Dispute Resolution forum and heard exclusively in Chester County, Pennsylvania.
14.4 LIMITATION OF LIABILITY: The liability of Tiny Transitions to the Client is strictly limited to this Contract’s refund provisions, while the Client’s liability to Tiny Transitions is limited to their Contract fees payable to Tiny Transitions. Further, the Parties are not liable to the other for other losses or damages of any kind regardless of cause, in law or equity, even if foreseeable, under any law, legal theory or legislation, including, without limitation, for incidental, direct, indirect, speculative, punitive, exemplary, special, reliance, compensatory or consequential damages or damages related to business interruption, lost revenue, lost profit and opportunity, delays or cancellations caused by technology failure, third party acts, acts of God or other events beyond their control. Notwithstanding the foregoing, any purported limitation or waiver of liability shall not apply to Client’s obligation under the indemnification section of this Contract or either party’s liability to the other for personal injury, death, or physical damage to property claims.
15.5 If Tiny Transitions is held legally responsible for Client actions taken under Certification the Client will indemnify, defend and hold harmless Tiny Transitions from all liability it incurs.
14.6 INDEMNIFICATION: Each party will defend, indemnify, protect and hold harmless the other from and against any and all third-party claims, losses, liens, demands, attorney’s fees, damages, liabilities, costs, expenses, obligations, causes of action, or suits, (collectively “Claims”) to the extent that such Claims are caused by:
(a.) the negligent act or omission or willful misconduct of a party; (b.) the breach of the Contract by either party; or
(c.) property loss, damage, personal injury or death, sustained by a party.
14.7 Notice: Each party with giving the other notice of any Claim. Should Client not diligently pursue resolution of such Claim or fails to provide Tiny Transitions with reasonable assurances that Client will diligently pursue resolution, then Tiny Transitions may, without in any limiting its other rights and remedies, defend the Claim and collect the cost of doing so from Client. Any settlement or compromise Client desires to enter into will be subject to Tiny Transitions’s prior written approval. Tiny Transitions shall have the right, at their discretion, to participate in the defense of such Claim.

15. General Provisions

(a.) Waiver: Neither party’s failure to exercise or delay in exercising any of its rights under this Contract shall constitute or be deemed to constitute a waiver, forfeiture, or modification of such rights. Waiver of a breach of the Agreement shall not be deemed a waiver of any future breach.
(b.) Severability: If any term or provision of the Contract is held to be illegal or unenforceable, the validity or enforceability of the remainder of the Contract shall not be affected thereby and shall remain valid and have continuing force and effect.
(c.) The failure of Tiny Transitions or Client to object to or take affirmative action to enforce this Contract or any associated order against any conduct by the other which violates this Contract shall not be interpreted as a waiver of the right or ability of Tiny Transitions or Client to take subsequent action to enforce this Contract in the future that violates this Contract.
(d.) Amendment: Any amendment or modification to this Contract shall be in writing and signed by both parties.

Subject to this Contract’s refund provisions as set forth in Schedule B, Tiny Transitions may at any time, after providing five (5) business days written notice to Client, dismiss the Client from the Training Program or revoke the Client’s Certification under this Contract, in the event that Tiny Transitions, in its sole discretion, deems that the Student/Client:

Failed to remit payment or breach any other fundamental term of this Contract;
failed to achieve an academic standard that justifies continued enrollment in the Coaching Program; provided incomplete or untruthful application information to Tiny Transitions; or
otherwise engages in behavior or conduct that is illegal, unlawful, or immoral.