Welcome to the Wondersitter, LLC (“we,” “us”, “our”) service! By clicking the “I Accept” button below, you are agreeing on behalf or you and anyone for whom you procure services through the Wondersitter service (“you”, “yours”) that you will be legally bound to all of the terms and conditions set forth in this Client Referral Agreement (the “Agreement”). Do not click the “I Accept” button if you do not agree to be bound by this Agreement. If you do not click the “I Accept” button, you will not be permitted to register to use our referral services. The terms and conditions of this Agreement are as follows.
Prior to selection as Sitters, we perform background checks on all Sitter candidates including using the following services: Trustline.org and pfcinformation.org. Although we believe these services to be reputable, we DO NOT WARRANT the accuracy of the checks provided by any third party, and therefore are not responsible for any inaccurate results. We also conduct screening interviews of candidates and may check candidate references, but despite these reasonable efforts to screen candidates, you acknowledge that selection of Sitters is a subjective process, and that therefore we DO NOT WARRANT the quality of services to be provided by a particular Sitter.
At your request, we will make available to you the opportunity to request an appointment for the services of a Sitter. Appointments will be processed and confirmed in accordance with the instructions set forth at HOW TO. In consideration of our services, we will charge you applicable fees in accordance with our Rates and Policies set forth at RATES & POLICIES, which you represent you have read and understand.
Sitters are NOT our employees. We are a referral agency. Sitters are independent contractors. You are solely responsible for determining and agreeing with a Sitter the exact nature of the services to be provided and the manner in which such services will be carried out. You are solely responsible for payment of a Sitter (in accordance with the rates set forth at RATES & POLICIES prior to the conclusion of a Sitter’s services. You are responsible for complying with all applicable laws (including without limitation local, state and federal tax laws) that are applicable to a Sitter’s provision of services to you, and you will indemnify and hold us, our owners and employees from and against any claims against us arising out of or relating to your failure to comply with such laws.
During the term of this Agreement, and for a period of one (1) year following its termination or expiration, you agree not to: (i) solicit or induce any employee or independent contractor to terminate or breach an employment, contractual or other relationship with us; or (ii) solicit any Sitter of whom you become aware through a referral by us to employ or contract with Sitter for child-care services other than through our services. You agree that your breach of this Section will cause substantial damages to Wondersitter and may be difficult if not impossible to quantify. Accordingly, in the event of such a breach by you, you will pay $5,000 in liquidated damages to Wondersitter as a reasonable estimate of such damages and not a penalty.
We are not responsible or liable in any manner whatsoever for the acts or omissions of any Sitter while providing services to you or the loss or damage arising therefrom. TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE MAKE NO WARRANTIES IN CONNECTION WITH OUR SERVICES OR THE SERVICES PROVIDED BY SITTERS AND HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. You will indemnify and hold us, our owners and employees from and against any claims by you or any third party arising out of or relating to the acts or omissions of any Sitter.
In no event will we be liable to you for any punitive, special, incidental or consequential damages in connection with this Agreement or the acts or omissions of any Sitter. In no event will our liability to you for any claims by you under this Agreement exceed the greater of Booking Fees paid by you to us in the twelve (12) months preceding the claim or $1,000.
Except in the case of an action relating to breach by you of Section 5 above (which may be brought in any court with appropriate jurisdiction), you agree that all disputes arising under or relating to this Agreement will be settled by binding arbitration in San Francisco before a single arbitrator under the auspices of the American Arbitration Association in accordance with its then-current rules for commercial arbitration. YOU EXPRESSLY AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU ARE WAIVING YOUR RIGHT TO TRIAL BY JURY FOR ANY CLAIM ARISING UNDER OR RELATING TO THIS AGREEMENT.
We may amend this Agreement at any time upon notice posted to our website, and your continued use of this website constitutes your acceptance thereof. Otherwise, the Agreement may not be amended without the written agreement of both us and you. Either we or you may terminate this Agreement immediately upon notice to the other. Sections 4-10 shall survive any such termination.
This Agreement will be governed by the laws of the State of California. It constitutes the entire agreement between us and you, and supersedes any other prior or contemporaneous written or verbal representations by any party. If any portion of this Agreement is or is deemed to be invalid or unenforceable, the rest of this Agreement will remain in full force and effect.
I HEREBY REPRESENT THAT I HAVE READ AND UNDERSTOOD THIS AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS.