Safe in the Seat

Consult Terms & Conditions

  1. Services. Consultant shall provide, as the case may be, one-on-one live or virtual education, direction, and consultation in the selection and installation of a car seat, harnessing of a child, as well as advice relating to child passenger safety (the “Services”).
  2. Payment.  Payment for the Services is due at time of purchase.
  3. Independent Contractor. Nothing herein shall be deemed or construed to create a joint venture, partnership, agency, or employee/employer relationship between the parties for any purpose, including but not limited to, withholding for purposes of social security or income tax, or entitlement to vacation, insurance, retirement, or other employee benefits. The relationship of the parties is that of independent contractor and client, and is governed solely by this Agreement. Neither party is authorized to act as agent for, or otherwise on behalf of the other party, and no action by either party shall bind the other party.
  4. Exclusion of Warranties. CONSULTANT MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE SERVICES TO BE PERFORMED BY CONSULTANT OR ANY PRODUCTS THAT MAY RESULT THEREFROM. CONSULTANT DISCLAIMS ALL OTHER EXPRESS AND IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Without limitation to the foregoing, Client acknowledges that Consultant has been hired for consultancy and advisory services only. ENFORCEMENT OF ALL SAFETY REGULATIONS SHALL BE THE SOLE RESPONSIBILITY OF CLIENT AND SHALL NOT BE THE RESPONSIBILITY OF CONSULTANT.
  5. Limitation of Liability. CONSULTANT’S TOTAL LIABILITY UNDER THIS AGREEMENT FOR ANY CAUSE WHATSOEVER IS LIMITED TO THE AMOUNT ACTUALLY PAID BY CLIENT UNDER THIS AGREEMENT FOR THE SERVICES THAT GAVE RISE TO SUCH LIABILITY. CONSULTANT SHALL IN NO EVENT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL OR SIMILAR DAMAGES INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF REVENUES, LOSS OF DATA, OR FOR COVER AND THE LIKE, EVEN IF CONSULTANT HAS BEEN ADVISED OF THE LIKELIHOOD OF THE OCCURRENCE OF SUCH DAMAGES.
  6. Release. In consideration of the promises and undertakings in this Agreement, Client on behalf of themselves and their respective spouses, domestic partners, legal guardian of the child(ren), agents, attorneys, predecessors, successors and assigns, hereby forever release and discharge Consultant and their respective officers, directors, shareholders, partners, members, managers, affiliates, subsidiaries, parent companies, past and present employees, agents, attorneys, predecessors, successors, and assigns from any and all claims, demands, personal injury claims, damages or liabilities, costs, expenses (including attorneys’ fees or liens), and causes of action in law or in equity, of any kind, whether known or unknown, suspected or unsuspected, fixed or contingent, asserted or unasserted, arising under this Agreement.
  7. Term. This Agreement shall commence on the date set forth first above and shall remain in effect until the completion of the Services.
  8. Survivability. All provisions regarding indemnification, liability and limits thereon, warranty, and confidentiality shall survive termination of this Agreement.
  9. Cancellations.Client may reschedule appointment up to 48 hours before designated appointment time by using the button in your confirmation or reminder email. Reschedule requests submitted via email, Instagram or any other social platform will not be processed. 
  10. No shows. Consultant will make three attempts to contact Client at the phone number provided (or via the method agreed upon if you are located outside the US). If Client does not answer after third attempt, services will be canceled.  
  11. Refunds. ALL PURCHASES ARE FINAL AND NON-REFUNDABLE. No refunds for gift cards. In the case of a duplicate purchase, please contact [email protected] to apply the value of the gift card to other resources. Please email us directly from your email account so that you can retain a record of your request. Messages submitted via Instagram or any other social platform will not be processed.
  12. Miscellaneous.

a. Marketing and Use of Personal Information. Client agrees Consultant may take photos, videos, audios, testimonials during the Services and may use those in marketing and promotional efforts, including on social media. Consultant will not sell or rent your personal information. We may share your personal information in the following circumstances: We share personal information about you with service providers that help with our business activities, including our payment card processors and companies that help us improve our products and services. We may share general statistical information as long as it is not identifiable. We may share your personal information when required by law, or we believe sharing will help to protect the safety, property, or rights of us, our customers, our associates, or others.

b. Governing Law, Arbitration. This Agreement shall be governed by and enforced in accordance with the laws of the State of Florida (excluding conflict of law provisions). Any dispute or disagreement between parties under this Agreement shall be settled by arbitration in Tampa, Florida under the Commercial Arbitration Rules then in effect of the American Arbitration Association. The panel of arbitrators shall consist of one (1) arbitrator. 

c. Notices. Any notice required or permitted to be delivered pursuant to this Agreement shall be in writing and shall be deemed delivered upon delivery if delivered in person or one (1) business day after deposit with a national overnight courier, in each case addressed to the address set forth in the first paragraph of this Agreement or to such other address as may be specified by either party upon notice given to the other in accordance with the terms of this Agreement. 

d. Force Majeure. Each party shall be excused from performance under this Agreement and shall have no liability to the other party for any period it is prevented from performing any of its obligations, in whole or in part, as a result of delays caused by the other party by an act of God, war, civil disturbance, court order, third party performance or nonperformance, strikes, work stoppages or other cause beyond its reasonable control, and such nonperformance shall not be a default under, or grounds for termination of, this Agreement. 

e. Entire Agreement; Construction. This Agreement constitutes the entire agreement between the parties and supersede all prior agreements. No modification, amendment or supplement to this Agreement shall be effective for any purpose unless agreed to in writing and signed by authorized representatives of the parties. If any provision of this Agreement is found by any court of competent jurisdiction to be invalid or unenforceable, the invalidity of such provision shall not affect the other provisions of this Agreement, and all provisions not affected by such invalidity shall remain in full force and effect. No delay or omission on the part of either party to exercise or avail itself of any right, power or privilege that it has or may have hereunder shall operate as a waiver; any waiver must be in writing and signed by the party granting such waiver. The waiver by either party of a breach or default in any of the provisions of this Agreement by the other party shall not be construed as a waiver of any other breach or default. Headings contained in this Agreement are for convenience of reference only and shall not affect the meaning and interpretation of this Agreement. 

f. Client understands this Agreement is binding on both parents or the legal guardian of the child(ren) regardless of whether both parents or the legal guardian signs the Agreement.