Little Wild Things - Wedding Terms & Conditions
1. a. The Agency and Babysitters Responsibilities. Little Wild Things Babysitting hereby agrees to perform Babysitting services for the Client at the Event specified above in a professional, workman like manner according to the prevailing standards in the industry (Babysitting/Nannying). The Agency may allocate one or more Babysitters to a job, depending on the ages and numbers of children, staying within the legal ratio of Carers to Children. The Babysitter/s will have up to date First aid and valid WWCC Numbers. The Agency Little Wild Things Babysitting and the Babysitter/s are not responsible for the impact on the final product of any interference caused by guests or other vendors at the Event. The Babysitters will make every effort to obtain, but cannot guarantee delivery of, any specific tasks requested by the client because of the Babysitters lack of control over the Event, its participants, weather, and any rules or restrictions of the venue or official conducting the Event.
b. If the Babysitter/s is exposed to (i) unsafe conditions, or (ii) objectionable or illegal acts at the Event, the Babysitter/s reserves the right to take reasonable action to remedy such a situation, including but not limited to leaving the Event. In such event, The Babysitters shall not be obligated to refund any of the fees paid by the Client because of such action.
2. Agency fee. A non-refundable Agency fee is due upon execution of this agreement, at which time, the Babysitter/s commit to being available to the Client on that date (subject to non-payment, reasonable emergencies and force majeure events, see Section 11). Remaining payments of the balance due for the Services shall be made as set out in the Payment Schedule. In the event that the Client fails to remit payment as specified, the Agency shall have the right to immediately terminate this Agreement with no further obligation to refund money (including the Agency Booking fee), to attend the Event.
3. Minimum Contact Time. The minimum Contact time for all Babysitter/s is 3 hours.
4. Term. The term of this Agreement shall commence upon the execution of this Agreement, and shall terminate upon the end time of Booking.
5. Event Changes. The Agency must be notified immediately of any changes in schedule or location, at least 7 Days in advance of the scheduled Event date. If the Client notifies Agency by phone, a written (i.e. email)confirmation must be sent within 2 days of such notification. If the date of the Event changes and notice is not given as specified above, then the Agency shall be entitled to the Babysitting fee amount as liquidated damages for having to reschedule the Babysitter/s. The Booking fee amount will need to be repaid upon booking the new date, subject to Babysitter/s availability.
6(a). Cancellation. Upon acceptance of these terms and payment of the Agency fee, Babysitters shall commit to attending the Event on the specified date, and shall make no other reservations for that date. If the Client cancels the Event entirely, then the Agency and Babysitters shall not be required to repay any of the payments made by the Client.
(b). Bookings may be cancelled at least seventy two (72) hours prior to the Agreed Booking and will only forfeit the Agency Booking Fee.
In the event that the Booking is cancelled less than seventy two (72) hours
prior to the agreed Booking, The Booking Fee and the full Sitting Fees shall
be charged to the client.
7. Force Majeure. If a Babysitter is unable to attend Event due to fire, flood, casualty, strike, civil disturbance, war, terrorism, sickness, or other acts of God beyond the parties’ control, then the Babysitter shall return all money paid by the Client, and this Agreement shall immediately terminate.
8. Jurisdiction. The state and federal courts serving NSW, Australia shall have exclusive jurisdiction over disputes arising from this Agreement, and both parties here to consent to the jurisdiction of such courts.
9. Solicitor’s Fees. The prevailing party in any litigation or dispute involving this Agreement, or the Services performed there under, shall be entitled to recover reasonable solicitor’s fees, costs, and expenses arising from such litigation or dispute from non-prevailing party.
10. Assignment. This Agreement may not be assigned.
11. Indemnification. The Client hereby acknowledges that the Babysitter/s may be limited by the guidelines or rules of the official performing the ceremony or the venue, and will not hold the Babysitter/s responsible for any impact such restrictions may have on the final product.
12. LIMITATION OF LIABILITY. THE BABYSITTERS ENTIRE LIABILITY FOR ANY CLAIM, LOSS, DAMAGE, OR INJURY ARISING UNDER OR RELATING TO THIS AGREEMENT IS LIMITED TO THE FEES PAID BY THE CLIENT FOR THE SERVICES. IN NO EVENT SHALL THE AGENCY OR BABYSITTERS BE LIABLE FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, EVEN IF THE CLIENT INFORMS THE AGENCY AND OR BABYSITTERS OF CIRCUMSTANCES THAT WOULD GIVE RISE TO SUCH DAMAGES.
13. Event Meals. The Client shall arrange with the caterer for meals to be provided to the Babysitter/s, they will eat with the Children they are caring for.
14. Choice of Law. This Agreement shall be governed by the laws of the State of NSW, notwithstanding its conflicts of laws provisions.
15. Waiver/Miscellaneous. This Agreement represents the complete and entire agreement of the parties with respect to the subject matter herein, notwithstanding any oral or written representations to the contrary made before, during,or after its execution. Any amendments to this Agreement shall only be effective if made in writing that is executed by both parties hereto.