Terms of Service Agreement
Last updated December
By purchasing this course, I am agreeing to the following terms of service, which will begin on the date of payment:
1. Description of Services. Beginning on the Effective Date, the Provider will provide to the Recipient the following services (collectively, "Services"):
LMPS Therapeutic Parent Program:
Providing a virtual, self-paced parenting course that extends over the course of one year, with the option to purchase an additional year at the end of each year. Included in the LMPS core course fee are weekly group coaching sessions where all information exchanged in the group is with LMPS participants only. The group is not confidential to a single individual; however, it is confidential within the LMPS program.
The LMPS coursework will be available indefinitely, and only as long as the LMPS program is in existence, to the participant after the year has ended; however, there will not be ongoing access to the weekly group coaching sessions or private community page after one year without a new paid contract.
The LMPS videos and materials are proprietary and cannot be shared, sold or published in any way without express written permission from Ce Eshelman, LMFT.
LMPS will not automatically renew at the end of each year.
Additional Consultation:
Ce Eshelman, LMFT, is available for monthly 1 hr. consultation sessions over the course of one year with an additional fee noted at the time of purchase--12 sessions in all. The consultation package can be renewed when the 12 sessions have ended, but they will not automatically be renewed. The fee for the consultation sessions are non-refundable and not covered under the 100% moneyback guarantee.
Moneyback Guarantee
This purchase has a moneyback guarantee that is contingent upon you demonstrating good faith, active participation, and presentation of the following: 1) 100% completion of all written worksheets in LMPS, submitted to LMPS upon request, 2) 100% completion of all videos, 3) Attestation that you have 100% applied the Love+ Parenting Model consistently and daily across a year in your home, 4) You have attended 100% of the weekly group coaching sessions, 5) You have requested and attended at least 2 individual troubleshooting consultations with Ce Eshelman to ensure you are approaching the parenting practices correctly, when you believe the program is not working for you, 6) Attestation that you are practicing 100% Love+ Parenting Model's neurobiological parenting practices presented in Quarters 2, 3 and 4 consistently, and 7) Attestation that you are being regulated when you apply the Love+ Parenting Model principles/practices.
2. Payment. Payment shall be made to the Provider in the total amount of $1,879.00 upon execution of the Contract for LMPS Therapeutic Parent Program.
Payment shall be made to the Provider in the total amount of $2297.00 upon execution of the contract for LMPS 1 hr. monthly consultation package—12 monthly sessions across one year. These services are non-refundable and not subject to the 100% moneyback guarantee.
In addition to any other right or remedy provided by law, if the Recipient fails to pay for the Services when due, the Provider has the option to treat such failure to pay as a material breach of this Contract and will cancel this Contract.
3. Term. This Contract will remain in effect for a period of 1 year.
4. Work Product Ownership. Any copyrightable works, ideas, discoveries, inventions, patents, products, or other information (collectively, "Work Product") developed in whole or in part by the Provider in connection with the Services will be the exclusive property of the Provider.
5. Confidentiality. The Provider and its employees, agents, or representatives will not at any time or in any manner, either directly or indirectly, use for the personal benefit of the Provider or divulge, disclose, or communicate in any manner any information that is proprietary to the Recipient. The Provider and its employees, agents, and representatives will protect such information and treat it as strictly confidential. This provision will continue to be effective after the termination of this Contract. Any oral or written waiver by the Recipient of these confidentiality obligations which allows the Provider to disclose the Recipient's confidential information to a third party will be limited to a single occurrence tied to the specific information disclosed to the specific third party, and the confidentiality clause will continue to be in effect for all other occurrences.
6. Warranty. The Provider shall provide its services and meet its obligations under this Contract in a timely and ethical manner, using knowledge and recommendations for performing the services which meet generally acceptable standards in the Provider's community and region and will provide a standard of care equal to, or superior to, care used by service providers similar to Provider on similar projects.
7. Default. The occurrence of any of the following shall constitute a material default under this Contract:
(a) The failure to make a required payment when due.
(b) The insolvency or bankruptcy of either party.
(c) The subjection of any of either party's property to any levy, seizure, general assignment for the benefit of creditors, application, or sale for or by any creditor or government agency.
(d) The failure to make available or deliver the Services in the time and manner provided for in this Contract.
8. Remedies. In addition to any and all other rights a party may have available according to law, if a party defaults by failing to substantially perform any provision, term, or condition of this Contract (including without limitation the failure to make a monetary payment when due), the other party may terminate the Contract by providing written notice to the defaulting party. This notice shall describe with sufficient detail the nature of the default. The party receiving such notice shall have 30 days from the effective date of such notice to cure the default(s). Unless waived in writing by a party providing notice, the failure to cure the default(s) within such time period shall result in the automatic termination of this Contract.
9. Force Majeure. If performance of this Contract or any obligation under this Contract is prevented, restricted, or interfered with by causes beyond either party's reasonable control ("Force Majeure"), and if the party who is unable to carry out its obligations and gives the other party prompt written notice of such event, then the obligations of the party invoking this provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include, without limitation, acts of God, plague, epidemic, pandemic, outbreaks of infectious disease, or any other public health crisis, including quarantine or other employee restrictions, fire, explosion, vandalism, storm, or other similar occurrence, orders or acts of military or civil authority, or by national emergencies, insurrections, riots, or wars, or strikes, lock-outs, work stoppages or other labor disputes, or supplier failures. The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. An act or omission shall be deemed within the reasonable control of a party if committed, omitted, or caused by such party or its employees, officers, agents, or affiliates.
10. Dispute Resolution. The parties will attempt to resolve any dispute arising out of or relating to this Contract through friendly negotiations amongst the parties. If the matter is not resolved by negotiation within 30 days, the parties will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure.
Any controversies or disputes arising out of or relating to this Contract will be resolved by binding arbitration under the rules of the American Arbitration Association. The arbitrator's award will be final, and judgment may be entered upon it by any court having proper jurisdiction.
11. Entire Agreement. This Contract contains the entire agreement of the parties, and there are no other promises or conditions in any other agreement, whether oral or written, concerning the subject matter of this Contract. This Contract supersedes any prior written or oral agreements between the parties.
12. Severability. If any provision of this Contract will be held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If a court finds that any provision of this Contract is invalid or unenforceable but that by limiting such provision, it would become valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited.
13. Amendment. This Contract may be modified or amended if the amendment is made in writing and is signed by both parties.
14. Governing Law. This Contract shall be construed in accordance with the laws of California.
15. Notice. Any notice or communication required or permitted under this Contract shall be sufficiently given if delivered in person or by certified mail, return receipt requested, to the address set forth in the opening paragraph or to such other address as one party may have furnished to the other in writing.
16. Waiver of Contractual Right. The failure of either party to enforce any provision of this Contract shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Contract.
17. Attorney's Fees and Collection Costs. If there is dispute relating to any provisions in this Contract, the prevailing party is entitled to, and the non-prevailing party shall pay, the costs and expenses incurred by the prevailing party in the dispute, including but not limited to all out-of-pocket costs of collection, court costs, and reasonable attorney fees and expenses.
18. Construction and Interpretation. The rule requiring construction or interpretation against the drafter is waived. The document shall be deemed as if it were drafted by both parties in a mutual effort.
19. Assignment. Neither party may assign or transfer this Contract without the prior written consent of the non-assigning party, whose consent shall not be unreasonably withheld.
20. Disclaimer. The LMPS Therapeutic Parent Program is not a substitute for mental health services and cannot be held accountable for any issues related to the mental health of children and families.