Coaching / Consulting Sessions Terms of Purchase
These Coaching/Consulting Sessions Terms of Purchase (the “Agreement”) are entered into between the purchaser of said coaching or consulting sessions (“Purchaser”) and Nanny Counsel, LLC (“Agency”). The effective date of this Agreement shall be the date the Purchaser purchases and/or schedules such coaching or consulting sessions via the website www.nannycounsel.com and clicks “I Agree” to these terms.
FOR AND IN CONSIDERATION OF the mutual covenants, promises, agreements, representations, and warranties contained in this Agreement and for other good and valuable consideration private to the parties, the receipt and sufficiency of all of which is hereby acknowledged, the parties hereto agree as follows:
1. Scope of Work. Agency agrees to provide a consulting or coaching session(s) (“Session”) to Purchaser. Each Session runs sixty (60) minutes in length and may be held either in person, on the phone, or via video chat.
2. Payment. The price for each Session is $75 for Nanny Coaching Session and $150 for Family Consulting Session. Payment shall be made prior to the beginning of a session. Any Session that goes over sixty (60) minutes shall be billed in increments of one-tenth of an hour. NSF returned checks and/or credit/debit card chargebacks shall incur a $35 service fee. Any amounts owed that were not paid for up front shall be invoiced by Agency, and payment is due within five (5) days of receipt of invoice. All unpaid amounts shall bear interest at a rate of 18% per annum. Purchaser agrees to pay reasonable attorney fees, plus court costs and expenses incurred in the collection of any unpaid amounts.
3. Warranty Disclaimer. Purchaser acknowledges that the information Agency provides to Purchaser during the Session is based upon Agency’s own knowledge and experience within the industry and cannot guarantee the outcome of certain results. PURCHASER ACKNOWLEDGES THAT AGENCY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, ALL OF WHICH ARE HEREBY EXPRESSLY DISCLAIMED.
4. Termination. In order to obtain a full refund, Purchaser must cancel the Session no sooner than 48 hours before the scheduled session(s). Purchaser agrees that Agency shall retain 20% of the scheduled session fee in the event that Purchaser cancels within 48 hours of the scheduled session. Purchaser agrees that once the scheduled Session takes place and is completed, that services have been fully rendered.
5. Remedies; Limitation of Liability. Purchaser agrees that Agency’s aggregate liability and Purchaser’s sole remedy under this Agreement or otherwise (in tort, in equity, in contract, or at law) relating to the Session is strictly limited to monetary damages in an amount equal to the payments for said Session(s) that were actually paid by Purchaser and received by Agency on account thereof. Purchaser agrees and acknowledges that this limited monetary damage award is their sole and exclusive remedy. Any legal action against Agency must be commenced within 1 (one) year of accrual or shall be time-barred.
6. Miscellaneous. THIS AGREEMENT SHALL BE DEEMED TO BE MADE AND ENTERED INTO IN DAVIDSON COUNTY, TENNESSEE AND SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TENNESSEE. ANY CLAIMS ARISING FROM THIS AGREEMENT SHALL BE BROUGHT ONLY IN A COURT OF COMPETENT JURISDICTION SITTING IN DAVIDSON COUNTY, TO WHICH PURCHASER HEREBY CONSENTS TO PERSONAL JURISDICTION AND VENUE. THE PARTIES HEREBY WAIVE THE RIGHT TO A TRIAL BY JURY. This Agreement constitutes the entire agreement, and all prior representations, negotiations, or understandings between the parties are subsumed herein. If any provision of this Agreement is held invalid or unenforceable by any tribunal or court of competent jurisdiction, such invalidity shall not affect the validity or enforceability of the remaining provisions of this Agreement. This Agreement may be executed in counterparts, with each and all counterparts constituting one and the same Agreement, and the parties hereby stipulate that a photocopy (including facsimile, PDF or tif) shall constitute an original and shall have the same force and effect as an original for all intents and purposes.