This Childcare Agreement (herein the “Agreement”) is between College Staffing Services, Inc. an independently owned and operated franchise of Jovie® doing business in Massachusetts as Jovie Boston (herein “Jovie Boston”) and You, the parent or guardian (herein “You”) of the Child(ren) to be cared for.
Herein You have requested Jovie Boston to provide a Sitter to care for up to three of your Children on a temporary basis (“On-Call Services”) for at least four hours, and not more than 12 hours.
Jovie Boston will attempt to provide a Sitter for the time and place that You have requested, but does not warrant that a Sitter will be available and reserves the right to refuse any care requested at any time with or without reason.
By engaging our services, You agree to not independently solicit, contract, hire or refer our Sitters for any purposes outside of our employ. You are responsible for keeping Jovie Boston and the Sitter informed of the needs of Your Child(ren). Jovie Boston and our assigned Sitters will respond to the Child(ren)’s needs and provide services described in this agreement, subject to and in accordance with Jovie Boston policies and guidelines.
Jovie Boston will charge You for standard On-Call Services provided at the current rate as published on the BabySittersinBoston.com website at the time that the request was accepted by Jovie Boston.
Hourly rates may vary for any non-standard requests including, but not limited to, specific needs of the children, required Sitter qualifications, care during holidays or at hard-to-reach locations.
If You cancel an order for On-Call Services more than 24 hours prior to the requested start time of the order, Your payment will be fully refunded. If you cancel an order within 24 hours of the requested start time, Your payment will be refunded less the current cancellation fee as published on the BabySittersinBoston.com website at the time that the request was accepted by Jovie Boston.
Jovie Boston is the employer of the Sitters provided to You and is responsible for all employment related wage and tax compliance. Jovie Boston agrees to release You from and to defend, with Jovie Boston retaining the right to select counsel, indemnify and hold harmless, You from and against all liability, losses claims, damages and expenses (including attorney’s fees and disbursements which
You may incur as a result of: (a) any claim for wages, benefits, vacation or PTO pay, or unemployment insurance by any Sitter assigned to You; or (b) any workers compensation injury sustained by any Sitter assigned to You covered by Jovie Boston workers compensation insurance policies. As the employer, Jovie Boston reserves the right to replace or remove a Sitter at any time for any reason including, but not limited to, appropriate work conditions.
Provided that Jovie Boston has provided the services defined above according to generally accepted professional industry guidelines, You, Your Child(ren) and or others that may assert a claim on You or Child(ren)’s behalf hereby agree that Jovie Boston and its officers, directors, employees, insurers, and anyone acting on behalf of or on instructions from Jovie Boston (the “Releasees”) shall not be held responsible or liable for any loss, damage, theft of personal property, personal injury, death, costs, or expenses of any nature arising from or related to negligence of the Releasees or otherwise. For the avoidance of doubt, any acts of gross negligence or willful misconduct of Releasees are expressly excluded from foregoing waiver and release. You further agree that the Releasees shall not be held responsible or liable for any claims, other than those listed in Section 3 above, that a Sitter may have or assert against You. You will indemnify and hold the Releasees harmless from any and all such claims by a Sitter.
You are responsible for ensuring You have adequate health, accident, disability, hospitalization, personal property, or other insurance necessary to provide for and pay any medical or other costs that may be required as a result of any injury to You or Child(ren), or as a result of damage to personal property. Jovie Boston does not provide any insurance for Parent or Child(ren). Jovie Boston does provide workers compensation insurance for coverage of the Sitter. You hereby authorize Jovie Boston to take such steps as may reasonably determine to be necessary for the welfare of the Child(ren) should the Child(ren) become sick, have an accident or require medical attention for any reason while the Child(ren) are in the care of Jovie Boston, including without limitation contacting a local physician and/or taking the Child(ren) to a local medical facility.
During the term of any engagement and for 12 months following termination of the engagement, You may not engage, hire, solicit to hire or solicit to engage, directly or indirectly, or refer to a third party to hire or engage, any Sitter introduced to you or that provided services to you, without the express written permission of Jovie Boston and payment of the fees set forth below. You may not make any private agreement with a Sitter or take action which is inconsistent with this agreement, or which has the effect of avoiding any of the obligations of this agreement. Any violation of this provision requires payment of an additional fee of $25,000 as liquidated damages. Private agreements and actions include, but are not limited to, actions that would enable You or any other
person to avoid payment of the Hourly Fees due to Jovie Boston such as employing the Sitter directly and outside of Jovie Boston.
This agreement commences at the time that you submit your request for On-Call Services and continues during the term of Your use of Jovie Boston services, or until terminated by either party upon notice.
Any breach or controversy arising out of, or related to, this agreement or the breach thereof shall be resolved under the laws of the State of Massachusetts. If any term or provision of this Agreement shall be held to be illegal, unenforceable, or in conflict with any law governing it, the validity of the remaining portions of the agreement shall not be affected thereby and shall remain in full force and effect.
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