ASAP Sitters Services Agreement 2018

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This SERVICES AGREEMENT is entered between you, the "Client", and ASAP Sitters, LLC, ("the Company") a limited liability company organized in the Commonwealth of Virginia.

1. PURPOSE OF AGREEMENT

Client desires to hire an in-home childcare provider, otherwise known as a “babysitter”. The Company is a babysitter referral agency and desires to assist Client in screening qualified candidates and referring such candidates to serve as babysitters for Client.

2. TERMS, CONDITIONS AND DEFINITIONS

2.1. Definitions.
2.1.1. The Company is a Virginia Limited Liability Corporation located at 5678 Brownsville Rd, Charlottesville, VA 22903, phone number (703) 209-4717.
2.1.2. "Client" as used in this Agreement refers to you.

2.2. General Terms and Conditions.
2.2.1. The parties agree and acknowledge that any babysitter hired by the Client will be an Independent Contractor or Employee of the Client. The Company will not be a party to any employment agreement or contract between Client and the babysitter candidates the Company submits to Client.
2.2.2. The Company will serve as the agent of Client for the purposes of recruiting, screening and referring a babysitter.
2.2.3. All hiring decisions will be made solely by Client.
2.2.4. Client will not disclose to any third party the information provided by the Company or prepared by the Company in connection with this Services Agreement. The parties expressly acknowledge that the information prepared and provided by the Company is the proprietary information of the Company and has been developed solely for the purposes of providing the services set forth in this Services Agreement.
2.2.5. The Company will not disclose to any third party, other than as necessary to perform pursuant to this Services Agreement, any personal or identifying information provided to the Company by Client.
2.2.6. By-Pass Policy: ALL Sitter Requests must be made through the Company. Client may not contact babysitters directly for as long as the babysitter is part of the the Company referral roster. Directly or independently hiring or attempting to hire a babysitter referred by the Company , will terminate this Agreement and membership immediately and no fees will be refunded. Client will be charged a $600 fee.
2.2.7 In the event that a former Client wishes to request a babysitter that is currently on the Company referral roster, a one-time or subscription with the service is required. If Client wishes to employ a babysitter referred by the Company for a long-term situation, such as a nanny, Client will contact the Company immediately to discuss a placement fee.
2.2.8. Babysitters may require, at their sole discretion, to be paid for a minimum of three (3) hours even if the actual length of time worked is less than three (3) hours.

3. SERVICES PROVIDED BY THE COMPANY

3.1. Babysitter Candidates.the Company agrees to use its best efforts to recruit and prescreen babysitter candidates on behalf of Client. Each babysitter referred by the Company shall have undergone a nationwide criminal and sex offender background check prior to being referred by the Company to client.

3.2. Information Services.the Company understands that the decision to hire a babysitter to provide in-home childcare services can be complicated. the Company will provide as much information as possible to assist Client in making the decision.

4. DUTIES OF CLIENT

4.1. Best Efforts and Final Decision. Client agrees to use their/his/her best efforts to reach an agreement for in-home child care services with a babysitter candidate submitted by the Company . The parties, however, acknowledge that this process is subjective by nature and that the final hiring decision is that of Client. Client is responsible for negotiating the terms and conditions of any agreement with the babysitter candidate(s).

4.2. Relationship between Client and Babysitter. Client and the babysitter candidate have the full and complete authority to negotiate the terms and conditions of child care service per referral. Client and the babysitter candidate must, however, comply with all applicable state laws, rules and regulations. In the event Client or the babysitter candidate does not comply with any such law, rule or regulation, Client will indemnify and hold harmless the Company from any and all claims arising from such noncompliance.

5. WAIVER AND RELEASE OF LIABILITY

5.1. Client agrees that the Company , and its owners, officers, directors, employees, insurers, and anyone acting on behalf of the Company shall have no responsibility or liability for any loss, delay, damage, personal injury, emotional distress, death, costs, fee or expenses of any type incurred by the Client in connection with their selecting and hiring a babysitter referred to Client by the Company , including without limitation any loss, delay, damage, personal injury, emotional distress, death, cost, fee or expense resulting from acts of God, acts of war or government restriction as well as events directly or indirectly caused by any acts or omission by or of a babysitter candidate.

5.2. Client hereby voluntarily covenants not to sue the Company , and releases, waives, and discharges the Company from and against any and all liability for any and all claims and causes of action arising from or related to any act or omission by or of any babysitter candidate.

5.3. Client agrees that the Company shall not be held responsible or liable for any claims, of whatever nature, that a babysitter may have or assert against Client, and waive any claim seeking indemnity or contribution from the Company . The Client agrees to indemnify and hold the Company harmless from any and all such claims by a babysitter including any court costs and legal fees incurred in defending against any such claim.

5.4. The complete contents of this entire covenant not to sue, release, waiver, and discharge, extend to any and all claims that may be made by the Client, or their spouse, child/children/family, estate, heirs, assigns, and anyone who might assert a claim on their behalf or on behalf of the minor child.

6. FEE SCHEDULE

6.1. Membership options.  The fees for memberships are as follows; there is no additional registration fee, and the membership includes unlimited online referrals.*
a) $75 for 3 months
b) $135 for 6 months
c)  $250 annual

* unlimited referrals applies only to requests made via the online Sitter Request system but not to requests made via email, phone or text, which will be billed at the regular rate of $14.95 per request. Unlimited referrals does not apply to longterm placement requests.

Membership fees are automatically charged by Paypal.

6.2. Subscription options. The fees for subscriptions are as follows; there is are additional fees of $9.95 per confirmed online referral or $14.95 for referred and/or confirmed phone, text, or email requests)

a) $9.95/month
b) $27.95 for 3 months
c) $49.95 for 6 months
d) $89.95 for 1 year

6.3. One-time options. All on-line referrals for one-time services for 1 sitter are $24.95 for the first day and $14.95 per day for any consecutive days. A referral fee of $34.95 is charged each time a babysitter is requested by phone or email and is referred or confirmed with less than 24-hours notice and $14.95 per day for any consecutive days.A referral fee of $44.95 is charged each time a babysitter is requested by phone or email and is referred or confirmed for a Federal Holiday or for the following holidays: New Year’s Eve, New Years Day, Valentine’s Day, Easter, Memorial Day, Fourth of July, Labor Day, Halloween, Thanksgiving, Christmas Eve, Christmas Day. Referrals for one-time services for one sitter are $24.95 for the first day and $14.95 per day on any consecutive days.

6.4. Referral Fees.
6.4.1 Membership and Subscriptions fees are billed automatically at the beginning of each subscription or membership period, until canceled.
6.4.2. For Subscriptions: Any and all requests made online from your Client Account will be $9.95.  A "request" is each day and time a sitter is confirmed. Invoices are emailed on the 1st of the month and due on the 15th of the month.
6.4.3 For Subscriptions and Memberships: Any and all requests made via phone, text, or email** will be $14.95 (including short notice, overnight, or holiday requests). A "request" is each day and time a sitter is requested for and referred and/or confirmed for (if you cancel your request before we refer a sitter, there is no charge).

6.5. Cancellations.
6.5.1. For Subscriptions and Memberships, a cancellation fee of $9.95 will be charged if the request is cancelled with less than 24 hours notice if a sitter has been confirmed.
6.5.2. In the event that a babysitter is booked and for reasons beyond the Company control cancels at short notice or fails to arrive at the appointed time, the Company will use its best efforts to find another babysitter for the Client.

6.6. Additional charges. Referral fees are billed to Client at the end of the month. All referral charges are due on the 15th of the month for the previous month's services. A $10.00 late fee will be charged if payment is not received by the 15th of the month. In the event that a balance is 15 days past due, the credit card on file will be charged. There is a $30.00 charge for returned checks.

6.7. Placements.
6.7.1 Short-term / By the Week: $39.95 per week (5 weekdays). 

6.7.2 Long-term placements are considered any requests for a babysitter on an ongoing basis for a month or more. The Long-term Placement fee is based on the number of days/week you will need the babysitter:

1 day/week  = $35 per month
2 days/week = $64 per month
3 days/week = $90 per month
4 days/week = $112 per month
5 days/week = $130 per month
6 days/week = $144 per month
7 days/week = $154 per month

6.7.3. In the event that the Client and/or babysitter discontinues the placement within 2 weeks after the start date, upon Client’s request, the Company will use its best efforts to provide another babysitter candidate for the placement. In the event that a placed babysitter provides notice of unavailability for a date or dates (up to 4 per month) for a day included in the placement, the Company will refer another babysitter to Client with no referral fee charges. For any bookings that are additional to the placement, regular referral fees apply.

6.8. PayPal Payments. Client agrees that all subscription and membership periodic fees will be charged to their PayPal account. Client further agrees to open a PayPal account if they haven't already opened one.

7. TERM AND TERMINATION

7.1. Term of this Services Agreement. This Services Agreement commences from the date the Client agrees to this Agreement and remains in effect until Client cancels the subscription or membership, or at the end of the one-time option.

7.2. Automatic Renewal. This Services Agreement will automatically renew for the subscription or membership period, unless canceled by Client. Renewal fee payments are automatically handled by Paypal.com as per section 6.8.

7.3. Termination for Cause. The Company reserves the right to terminate this Agreement for any reason, including, but not limited to, inappropriate, offensive, or violent conduct toward a babysitter, maintaining an unsafe environment for a babysitter, failure to pay account balance, and/or providing false information. Upon termination for cause, no refunds of registration fees, packages, or credits will be due to Client.

7.4. Survival. Section 5 “WAIVER AND RELEASE OF LIABILITY” of this Agreement shall survive the termination of this Agreement

8. OTHER TERMS AND CONDITIONS

8.1. Entire Agreement. This Services Agreement contains the entire agreement between the parties. This Agreement may be modified, but such a modification can be made only in writing and must be signed by both parties.

8.2. Governing Law. This Services Agreement will be governed by the laws of the Commonwealth of Virginia.