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Acknowledgment and Waiver of Liability
By clicking the box, I acknowledge and agree that The Peaceful Sleeper LLC, a Nevada limited liability company (“The Peaceful Sleeper”) has facilitated the opportunity for me to receive consultation(s) from an independent sleep consultant (“Sleep Consultant”) for child sleep assistance (the “Services”). While The Peaceful Sleeper and Sleep Consultant will not knowingly place clients in unsafe situations or expose them to unnecessary risk in connection with the Services, it is recognized that accidents or losses occasionally happen which cannot be attributed to any fault on the part of any one individual or organization, such as sudden infant death syndrome (SIDS).
Knowing this and in consideration for my receipt of the Services, I, on behalf of myself, my spouse, and my child(ren) who are the subject of the Services (collectively, “Releasors”) hereby voluntarily forever release, discharge, waive, and hold completely harmless The Peaceful Sleeper and Sleep Consultant and all other entities affiliated with the Peaceful Sleeper and Sleep Consultant, and their members, managers, officers, directors, agents, employees, heirs, assigns, and independent contractors (collectively, “Releasees”) from any and all responsibility for, or liability resulting or arising from, the Services, except to the extent caused by the gross negligence or intentional misconduct of Releasees. This waiver and release of liability includes, without limitation, injuries that occur as a result of Releasees’ ordinary negligence in connection with the Services.
The Peaceful Sleeper and Sleep Consultant make no representations or warranties, express or implied, with respect to the Services. Under no circumstances, or legal or equitable theory, whether in tort, contract, strict liability or otherwise, will The Peaceful Sleeper or Sleep Consultant be liable to me or any other person for any indirect, special, incidental, or consequential losses or damages of any nature arising out of or in connection with the Services. The Peaceful Sleeper and Sleep Consultant are not liable for the consequences of any interruptions or errors, although Sleep Consultant will make commercially reasonable efforts to correct errors or interruptions. I agree that in no event will The Peaceful Sleeper or Sleep Consultant be liable for any damages in excess of the aggregate amount of fees that I paid for the Services.
I further acknowledge and agree that: (i) it is my responsibility to be informed of, and to follow, safe child sleep guidelines issued by the American Academy of Pediatrics (see the child sleep recommendations set forth at https://www.aap.org/) and all applicable national, international, federal, state, and local governmental guidelines; (ii) neither The Peaceful Sleeper nor Sleep Consultant provides medical advice in connection with the Services, and it is my responsibility to consult with a pediatrician or other medical provider to obtain any such medical advice; (iii) child sleep consultations provided by Sleep Consultant constitute non-medical child sleep guidance to be utilized in conjunction, and to be assimilated by me together with, other guidance and advice that I may obtain from medical professionals (such as pediatricians) to assist with a child’s specialized needs (e.g., gastrointestinal issues, developmental disabilities), child behavioral specialists, and other professionals whose guidance may be required to assist with child sleep issues and difficulties in various situations; (iv) neither The Peaceful Sleeper nor Sleep Consultant guarantees any result from the Services or any related goods and services provided to me; and (v) under no circumstances will I be entitled to a refund in connection with the Services or any related goods and services.
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Las Vegas, Nevada 89144