Terms and Conditions
Dear client,
Thank you for choosing The Sleepy Sprog. Please read these terms and conditions carefully. By taking part in any programme by The Sleepy Sprog you are deemed to accept these terms and conditions. By paying for a service, you are agreeing to 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:
“Coach” means The Sleepy Sprog/Kelsey Todd, 33 Moonshill road, Stoke St Michael BA3 5LG.
“Confidential information” means all of your personal information, details and data of any kind including information of which the Coach 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 coach to you of coaching advice as agreed verbally 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).
2) Appointment of Coach
You hereby engage the Coach to supply the Services during the Term and the Coach hereby accepts such engagement upon these terms and conditions. Your entitlement to take part in any coaching sessions, consultations or workshops will only arise when the Coach has received full payment of all sums due in respect of the coaching and/or unless other payment arrangements have been agreed in writing with you.
3) Term
Your coaching will start on the date stated on the email confirmation and shall continue for the period agreed on the email confirmation and any agreed extension of such period. Rearrangement of the Services once agreed will be at the discretion of the Coach and subject to the Coach’s availability.
4) Fees
You agree to pay the Coach the fees in full before the coaching starts. Any fees paid will be nonrefundable once you have received the written sleep plan or consultation call, whichever comes first.
5) Coach’s Obligations
The coach will provide the services outlined in the “package description” that you will receive alongside these terms and conditions. The coach will provide this service in accordance with the “Rules and Guidelines” at the bottom of the page.
6) Your Obligations
You agree to abide by the “Rules and Guidelines”.
7) Confidentiality and Data Protection
7.1. The Coach shall not itself disclose to any person, firm or company any of the information disclosed by you during the sessions (“Confidential Information”) (save to employees of the Coach whose duties require such disclosure to be made) and the Coach 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 Coach 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 Coach in its absolute discretion believes that someone may be harmed.
7.3. Any personal data that the Coach collects from you will be kept secure and the Coach will fully comply with all applicable UK Data Protection, GDPR and consumer legislation from time to time in place.
8) Intellectual Property
The copyright in any course materials or systems which are used or provided by the Coach in connection with the Services shall remain vested in the Coach 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 Coach.
9) Liability
9.1. The Coach 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 Coach 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 Coach’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 advice you receive from the Coach is for informational purposes only and is intended for use with common early childhood sleep issues that are wholly unrelated to medical conditions. The Coach’s advice is NOT intended to be a substitute for medical advice or treatment. Always seek the advice of your doctor or other qualified health practitioner regarding any matters that may require medical attention or diagnosis, and before following the advice and using the techniques described in your sleep plan. Reliance on any information provided by the Coach is solely at your own risk.
9.4. The Coach 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.
9.5. The Coach 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.
9.6. Whilst the Coach will endeavour to help you get to your sleep goals, they cannot guarantee that techniques will work for all children. The level of success for your child is significantly enhanced by following the recommendations and advice from the Coach. Not following the plan, or only selecting parts of it, will reduce the likelihood that your child will successfully sleep. Similarly, in a family environment, it is crucial that all family members involved with the plan follow the plan (including parents, grandparents, nannies etc).
10) Consultations and Handouts or Workshop Materials 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.
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11) Termination and Cancellation of Sessions
11.1. The Coach may terminate this agreement immediately by notice in writing to you if you repeatedly fail to follow the Coaching Rules and Guidelines or fail to pay. In which case the Coach 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 Coach in writing within 7 days of receiving confirmation or within 7 days of receipt of the course materials (whichever occurs first) and the Coach will refund your Fees within 30 days. If applicable, you must also return all course materials immediately, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the course materials while they are in your possession. If you fail to comply with this obligation, the Coach may have a right of action against you for compensation. If you wish to receive coaching immediately, including the sleep plan and consultation, you agree to waive your Cooling-Off Rights.
11.3. In all other cases, cancellation and rearrangement of sessions is in accordance with the Coaching Rules and Guidelines attached.
12) Events beyond the Coach’s control.
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12.1 The Coach 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 Coach’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, pandemic 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 Coach’s performance under these terms is deemed to be suspended for the period that the Force Majeure Event continues, and the Coach 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 noncontractual obligations.
Appendix- Coaching Rules and Guidelines
Nature of Coaching You understand that:
• Coaching is neither counselling nor psychotherapy.
• You are responsible for creating your own results
• Coaching results are not guaranteed
• Coaching does not offer or replace medical advice
• If you have specific concerns about yours or your child’s health, you should always seek advice form a suitably qualified healthcare professional
• Where information on a specific option is supplied, this does not constitute a recommendation Assignments, tasks and exercises
You may be requested to undertake certain tasks/exercises/assignments prior to the commencement of the Consultation, Coaching Programme or Workshop and between Coaching Programme Sessions. You understand that not completing these activities may affect your progress in achieving your personal outcomes.
One-to-one coaching
• Telephone appointments You will be called by the coach at the specified time.
• Face to face appointments You and the Coach will meet at the pre-determined venue at the scheduled time.
• Online appointments (Google Meet) You will be sent a link prior to the appointment. The Coach will enter the call at the scheduled time.
• Email You will receive coaching support via email if and as set out in the order confirmation.
• Instant messenger (Whatsapp) you will receive coaching support via WhatsApp if and as set out in the order confirmation. Please note: being late for an appointment does not change the end time.
Cancellation and rescheduling
You must give a minimum of 24 hours’ notice to reschedule or cancel an appointment otherwise the full session fee is payable. Rescheduling of appointments will be subject to the Coach’s availability and not guaranteed. In exceptional circumstances, the Coach may need to rearrange a coaching session. In those instances, you will be given 24 hours’ notice where practical. Should your circumstances change, you may reschedule your sessions/programme subject to prior agreement from the Coach and subject to the Coach’s availability. Any fees paid will not be refunded. Coaching sessions/programmes paid for must be taken within 1 month of the date of booking (subject to the Coach’s availability) after which the fee is forfeited. Failure to attend If you fail to attend two appointments during the coaching period, the coaching agreement will come to an end and the fee will be forfeited.