Terms and Conditions
Welcome to HooSitting service! By checking the “I Accept” button on the previous page, families (or “clients”) are agreeing on behalf of themselves and anyone for whom the family procure services through the HooSitting that the family 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 the family does not agree to be bound by this Agreement. If the family does not click the “I Accept” button, the family will not be permitted to register to use our referral services. The terms and conditions of this Agreement are as follows.
2. Sitter Selection Process: All Sitters using this service are current University of Virginia students who are interviewed by HooSitting before becoming a sitter. We conduct screening interviews of candidates and may check candidate references, but despite these reasonable efforts to screen candidates, the families 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.
3. Our Service Fees: At the families request, we will make available to the families 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 Book a Sitter. In consideration of our services, we will charge the families applicable fees in accordance with our Rates and Policies set forth at Rates and Policies, which the families represent they have read and understand.
4. HooSitting are NOT HooSitting babysitters Employees. Babysitters are NOT our employees. We are a referral agency. Babysitters are independent contractors. The families are solely responsible for determining, agreeing with a babysitter the exact nature of the services to be provided and the manner in which such services will be carried out, and paying the amount on the site in accordance with the rates set forth at Rates and Policies. The families are responsible for complying with all applicable laws (including without limitation local, state and federal tax laws) that are applicable to a babysitter’s provision of services to the family, and the family will indemnify and hold us, our owners and employees from and against any claims against us arising out of or relating to the familis’ failure to comply with such laws.
5. Non-Solicitation: During the term of this Agreement, and for a period of one (1) year following its termination or expiration, the families 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 babysitter of whom the families become aware through a referral by us to employ or contract with babysitter for child-care services other than through our services. The families agree that their breach of this Section will cause substantial damages to HooSitting may be difficult if not impossible to quantify. Accordingly, in the event of such a breach by the family, the family will pay $5,000 in liquidated damages to HooSitting as a reasonable estimate of such damages and not a penalty.
6. Disclaimer: We are not responsible or liable in any manner whatsoever for the acts or omissions of any babysitter while providing services to the families or the loss or damage arising there from. 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. The families will indemnify and hold us, our owners and employees from and against any claims by the families or any third party arising out of or relating to the acts or omissions of any Sitter.
7. Limitation of Liability: In no event will we be liable to the families for any punitive, special, incidental or consequential damages in connection with this Agreement or the acts or omissions of any babysitter. In no event will our liability to the families for any claims by the families under this Agreement exceed the greater of Booking Fees paid by the families to us in the twelve (12) months preceding the claim or $1,000.
8. Disputes: Except in the case of an action relating to breach by the families of Section 5 above (which may be brought in any court with appropriate jurisdiction), the families agree that all disputes arising under or relating to this Agreement will be settled by binding arbitration in Virginia before a single arbitrator under the auspices of the American Arbitration Association in accordance with its then-current rules for commercial arbitration. THE FAMILIES EXPRESSLY AGREE THAT BY ENTERING INTO THIS AGREEMENT, THE FAMILIES ARE WAIVING THEIR RIGHT TO TRIAL BY JURY FOR ANY CLAIM ARISING UNDER OR RELATING TO THIS AGREEMENT.
9. Amendments: Termination. We may amend this Agreement at any time upon notice posted to our website, and the families’ continued use of this website constitutes their acceptance thereof. Otherwise, the Agreement may not be amended without the written agreement of both us and the families. Either we or the families may terminate this Agreement immediately upon notice to the other. Sections 4-10 shall survive any such termination.
10. Miscellaneous: This Agreement will be governed by the laws of the State of Virginia. It constitutes the entire agreement between us and the families, 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.