THIS BABYSITTING SERVICES AGREEMENT & HANDBOOK (the “agreement”) is made and provided as of your registration date by and between Babysitters of Boulder LLC (the “agency,” “us, or “we”), a Colorado limited liability company, and you (the “client,” “family,” or “you”) (together, the “Parties”). This agreement and handbook details the terms of working with our providers (each a "provider," "sitter," "nanny," "team member," or "caregiver"). In consideration of the mutual covenants agreed to herein and other good and valuable consideration, the Parties agree as follows: 

 

1. SERVICES PROVIDED BY THE AGENCY 

We are pleased to provide your family with referral to our childcare providers. We take care to recruit and vet experienced and reliable local sitters and nannies. We are a referral service. We do not employ or pay providers directly. Providers are paid directly by clients. As part of our services TO YOU, we will provide:

• a match to a provider with qualifications compatible with your childcare needs and schedule

• backup childcare at standardized hourly rate if your provider becomes unavailable (to the extent available, and subject to severe weather warnings and COVID-related mandates)

• a referral to a new provider, if the first provider cannot complete work as assigned for your family

• standardized hourly rates which include light childcare related housekeeping as time permits

• assurance that all providers on our team:​

  • are at least 18 years of age.

  • have a minimum of 3 years childcare experience which can be nannying, sitting, parenting, caring for younger siblings, daycare or church nursery, pediatric medical care, teaching, camp counseling, youth leadership with church or other organization, or volunteering.

  • provide two childcare references.

  • complete an FCRA compliant background check and DMV record check at the time of joining the agency.

  • have current insurance, valid license, and access to a reliable car at the time of joining the agency. 

  • have current pediatric CPR certification and agree to re-certify every two years.

  • speak proficient English (necessary in emergencies, i.e. communicating rapidly with 911).

  • have been educated on our Confidentiality and Privacy Statement, to safeguard your family's personal information they may encounter while working in your home.

  • have received the COVID-19 vaccine, and agree to follow current mandates while at work. We honor documented medical exemptions or exemption for sincerely held religious belief. Parents may select to book with vaccinated caregivers only or indicate no preference. Many team members have also completed a booster however we cannot guarantee the booster.

 

We will perform the services as an independent contractor, and nothing in this Agreement is intended to create a relationship of employer-employee, principal-agent, partner or joint venture between the parties.

 

​​2. RESPONSIBLE USE AND NO PROHIBITED USE 

•  Clients must use their account in our online booking system or contact the agency to reserve a provider's time. This includes childcare and other family support tasks. Clients cannot independently contact and book with our providers without notifying the agency in advance and paying our booking charge. 

• Clients cannot independently refer a team member to others. Please refer others to the agency only. There is a $750.00 fee if we learn that you have independently referred a team member that we have sourced and vetted. 

• For the time that you are a client and for one (1) year thereafter, you and your family will not, directly or indirectly, independently recruit, solicit, or induce, or attempt to recruit, solicit, or induce, any of our providers.

• Parents agree to remit finder's commission for up to 12 months of a nanny's work with their family. Example: you hire a nanny for an 8 month contract and wish to keep working together. You agree to pay the commission for the remaining 4 months, even if you and/or your nanny close your account with the agency.

• You agree that any sitter or nanny supervising playdates or additional children will receive the standard additional pay for supervising additional children (see Hourly Rates Section 3B).

 

COPARENTING or OTHER PARENTING RELATIONSHIPS. 

If each parent has their own address (coparenting, separated, divorced, etc.) then each parent must independently register and use their own account. To request childcare you must be a registered client. 

 

If one parent is not permitted on the property, the best practice is to have the babysitter meet you and your child at your property or to meet the coparent in a public place. Example: please do not instruct your babysitter to meet your coparent 500 feet from your home, alone, to collect your child. The babysitter can meet your coparent in an agreed-upon public location during the day to collect your child. 

 

COPARENT BEHAVIOR. Clients should only discuss childcare needs with our childcare providers. Please refrain from the following: sharing derogatory opinions about a coparent, sharing details about a coparent's medical conditions or diagnoses, or divulging personal details about your coparenting relationship. All of these behaviors are extremely ill advised and inappropriate. Please bear in mind that the Colorado court system can order the agency, or any of our representatives, to produce materials such as texts, emails, or our recorded business line phone records, or to testify in a court of law. Anything you say to us can become part of a court record. 

 

BOOKINGS THAT CANNOT BE COMPLETED, IN PART OR IN FULL, AS A RESULT OF THE OTHER PARENT'S ACTIONS, WILL BE INVOICED TO YOUR ACCOUNT PER THE PAYMENT POLICIES OUTLINED IN THIS AGREEMENT. 

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2B. REGISTRATION AGREEMENT AND RENEWAL

We do not charge renewal fees and new client registration is $34.95. This is subject to change with advance notice. 

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3. AGENCY BOOKING PAYMENT AND CREDIT CARD USE

• 3 hour minimum booking length.

• Agency booking payment $21.95/day, nonrefundable/nontransferable (the “booking payment”). If you need to cancel this can be credited to your account for future use. Credit does not expire. 

• Agency booking charge $24.95/day for hotels, Airbnbs, VRBO and all non-residence addresses. Can be credited for future use. Nonrefundable/nontransferable. 

• Booking requests less than 24 hours notice are +$15.00 surcharge.

• Agency booking charge for overnight stays $35.00/night (this covers the following morning also). This payment cannot be credited or refunded due to the involved work required to reserve an overnight provider.

• There is a Stripe credit card vendor fee to pay online by credit or debit card: 2.9% + 30 cents per transaction. This is not refundable because we cannot recover this fee. Fee percentage is subject to change by Stripe. 

• In the rare event your sitter must cancel and we cannot provide an alternate, or we cannot secure a provider for your request, we will credit your booking charge to your account for future use. 

• In the event that you do not pay for a confirmed booking per this Agreement, you authorize us to charge your credit card on file for the sole purpose of collecting any outstanding agency charges due, and for paying your provider. This will be considered a payment directly from you to the provider. 

• In the event that the client fails to pay for a service or invoice, we refer such matters to collections. 

• Pricing subject to change. We agree to notify you in advance of pricing changes. 

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3B. SITTER HOURLY RATES (SUBJECT TO CHANGE WITH ADVANCE NOTICE) 

• $25.00/hour base rate for up to 2 children any age 

• $28.00/hour for 3 children 

• $32.00/hour for 4 children (limit is 4 children per sitter)

• + $10.00/hour for any additional child from extended family members or friends (cousin, friend, playdate, carpool, etc.); +$5.00/hour for each additional child 

• HOLIDAYS $30.00/hour base rate: New Year's Eve, New Year's Day, Valentine's Day (after 4:00 pm), Easter, 4th of July, Labor Day, Memorial Day, Black Friday (day after Thanksgiving), and

• $45.00/hour base rate: Christmas Eve (after 4:00 pm), Christmas, Thanksgiving. 

• Hourly rate is subject to change if the actual sit differs from information provided in the booking request.

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3C. PAYMENTS & GAS MILEAGE TO YOUR SITTER

• Reimburse mileage at 65.5 cents/mile (2023 IRS rate) if provider drives their personal vehicle to transport children.

• Parents pay their babysitter directly and in full at completion of a booking. 

• Please pay your sitter for the full time in your scheduled booking if you come home early.

• You agree to reimburse your provider for all approved purchases, required toll road/entry fee (if any) to reach your address, or hotel paid parking garage.

• If a provider must purchase something in order to safely perform the sit, such as a booster seat if you forgot to leave one, you will reimburse the sitter for this purchase. 

• Gratuity is never required. Sitters can accept gratuities and they are appreciated.

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4. CANCELING OR MODIFYING YOUR BOOKING

• Cancellations or modification can be made in your online user account,  by phone, voicemail, text to (303) 749.1168, or email to help@babysittersofboulder.com. You cannot cancel by only contacting the babysitter.

• Cancellations: 

  • sit cancelled with more than 48 hours notice: $25.00 due to your sitter 

  • cancellation less than 48 hours notice: 50% of sit total due to your sitter (with 3 hour minimum, meaning that your scheduled babysitter will always receive at least 3 hours of pay for cancellations < 48 hours notice)

  • if it is an option, please consider paying your sitter in full for short notice cancellation

  • cancellation upon sitter arrival/forgotten booking requires payment in full to your sitter

  • if you and your sitter have a reschedule date in mind to rebook (same duration) we will assist you 

  • 7 day cancellation/change policy for holidays, overnights, events, weddings and multi-sitter bookings (See 4C)

 

• HOW DO I PAY FOR A SIT CANCELLATION? First, please confirm the amount due with the agency. You can pay your sitter directly via Venmo, Apple Pay etc. or you can have the agency process the payment to your card on file. We will forward the payment in full to your sitter. 100% of a cancellation payment goes to your babysitter. 

• If you reduce the length of your booking with less than 48 hours notice you will pay your sitter for the original length of the booking.​​ Example: 6-hour sit changed to 4-hour sit the day before.

• There are no standard exceptions to the cancellation payment policy. At our sole discretion, exceptions may include Colorado State of Emergency Declarations or mandatory emergency evacuations. Stay home orders or isolating for COVID-19 are not an exception to the cancellation payment due to the provider. 

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CANCELING FOR A SICK CHILD OR SICK FAMILY MEMBER

There are no exceptions to the cancellation policy. This is not to penalize or upset customers. The purpose of the cancellation fee is to ensure stable income for the childcare workers. Parents need childcare workers, but childcare workers can only stay in this field if the income is stable. Let's consider it the other way around: could you afford to lose paid work any time someone in your office got sick, or would you have to find a new job?

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CANCELING FOR WEATHER OR EMERGENCIES

In the case of severe weather warnings, we may make a good faith effort to reach out to you about cancellation in advance so that you can avoid a larger cancellation payment. Ultimately clients and providers are responsible to watch the weather and make a decision as they see fit. For safety, we may cancel bookings if a storm advisory or hazardous roads advisory has been issued. If the agency has cancelled the booking no payment is due. 

 

There are no exceptions to the cancellation policy. This is not to penalize or upset customers. The purpose of the cancellation fee is to ensure stable income for the childcare workers. Parents need childcare workers, and childcare workers can only stay in this field if the income is stable. 

 

Consideration of extenuating emergency circumstances are at the sole discretion of the agency. 

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HOLIDAYS, MULTI-SITTER and EVENT CANCELLATION

• 7 day cancellation and change policy applies to holidays (see below), overnights, vacation/travel with a provider, event/wedding bookings, and reservations requiring more than one sitter. Reservation cancellation by the client with less than 7 days notice is assessed 50% payment of the reservation's full anticipated value (with a 3 hour minimum).

• Holidays: Christmas Eve, Christmas Day, New Year's Eve (all day), New Year's Day, Valentine's Day (after 4:00 pm), Easter, 4th of July, Labor Day, Memorial Day, Thanksgiving, Black Friday (day after Thanksgiving).

 

CANCELLATION: OVERNIGHTS or TRAVEL effective 5/5/2023

Babysitters carefully arrange their schedule to reserve their time for a family for overnight or travel childcare. They may have hired a pet sitter, arranged their own childcare, etc. Once an overnight booking or travel booking is confirmed:

• client cancellation with 7 days notice or more: client pays 25% of the booking's total value to the babysitter

• client cancellation less than 7 days notice: client pays 50% of the booking's total value to the babysitter

• client cancellation less than 48 hours notice: client pays 100% of the booking's total value to the babysitter

• until 5/4/23, the current cancellation policy is that the client pays 50% of booking's value to scheduled provider for cancellation less than 7 days notice and $25.00 for cancellation more than 7 days notice

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​​5. PARENT CODE OF CONDUCT AGREEMENT

We diligently recruit and vet kind caregivers your family can depend on. We strive to provide caregivers with a positive experience and dependable income. Our goal is to foster mutual respect and equity. 

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1. Payment is due at the time service is rendered. Pay your sitter in full at completion of your booking.

2. Please do not book care if someone in your home has a contagious illness. Let the agency & your sitter know in advance if your child is unwell or is home due to a COVID-19 classroom closure.

3. If you have asked a provider to wear a mask in your home, it is courteous to wear one too and help maintain social distancing.

4. A provider may supervise other children, playdates etc. when it is agreed upon in advance and includes our added hourly pay. 

5. Parents, sitters and agency representatives agree to treat each other with respect. We do not tolerate harassment, and we do not discriminate on the basis of race, color, weight, gender, gender identity or expression, pronouns, age, sexual orientation, religion, creed, veteran status, national origin, or any other reason prohibited by law. Shouting, profanity, soliciting, threatening, menacing, coercing or intimidating is not permitted.

6. It is best to exchange information or questions during the provider's paid time. Please pay the provider for the added time if they stay additional time to answer your questions/review how the booking went. 

7. Your home will be the provider's workplace. You must provide a safe and sanitary work environment. You must provide the tools and supplies to care for your child, including food, diapers/wipes, clean bottles/dishes, clothing and shoes. These items must be readily & easily accessible. Your sitter will need adequate space to work, i.e. dishes/belongings must be reasonably cleared off work surfaces, trash disposed of correctly, and space to safely walk without tripping hazards.

8. If you dismiss a provider early for personal preferences or for minor performance notes, there may be a cancellation payment due to your provider for confirmed future bookings. Our providers agree to reliably and professionally complete their bookings regardless of personal opinion or minor frustration they may have about a parent or a family. 

9. You agree not to solicit providers regarding other services, product sales, personal training, donations, political events/rallies, events related to religious/church memberships, etc. 

10. We advise that clients avoid making frequent or short notice changes to bookings. This can result in sitters declining to book in the future which can reduce your pool of sitters.

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5B. INCLUSION & RESPECTFUL ENVIRONMENT 

 Babysitters Of Boulder is an equal opportunity staffing agency. We do not tolerate harassment. Our sitter recruitment is based on each individual's qualifications, references, background check results and kind, professional demeanor. We do not consider physical characteristics such as hair color, hair style, piercings, visible tattoos, and so on.

 

We do not discriminate on the basis of age, race, color, weight, gender, gender identity or expression, sexual orientation, religion, veteran status, national origin or any other reason prohibited by law. Canceling with a provider for any of these reasons will incur 100% payment charge for the full duration of all scheduled bookings on file with the provider regardless of when the cancellation is made.

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We stand by this policy to support our team members, and we commit to provide this same inclusive support to you and your family. A family is a family. We welcome all families including LGBTQ+ and families formed through adoption, surrogacy, IVF, and so on. 

 

Equal Opportunity Staffing In Gender.

Our team includes women, men, transgender men and women, and nonbinary people. You must notify us in advance if you have a sincerely held religious belief, cultural belief, or other sincere and nondiscriminatory reason that requires matching with female providers. Please note that we do not allow discrimination against transgender team members.

 

We review requests on a case-by-case basis and do not guarantee an accommodation. Clients with a specific need for a certain gender of babysitter must notify us in advance, because requests that have already been posted to the job board can be claimed by any available team member. Canceling a confirmed booking due to gender will still be subject to our 100% payment cancellation policy above.

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6. SAFETY REQUIREMENTS FOR YOUR CHILD

• Sitters can sit for a maximum of 4 children at a time; reservations > 4 children require a second sitter at full hourly rate.

• Reservations for children < 2 years old are limited to 2 children under two per childcare provider. (Example: twin babies and a 4 year old sibling calls for one sitter; twin babies and a 22 month old sibling calls for a second sitter). 

• You will receive your provider's profile, photo and contact information prior to start time.

• You are responsible for giving your provider emergency contacts. ​

• If a carseat is needed you must install it. The agency cannot permit your provider to install a carseat.

• If a booster seat is needed you must provide it. 

• You agree to provide an age appropriate, safe bed or crib if nap/bedtime is part of your booking. 

• Your sitter cannot leave a child to finish a nap unattended in a carseat, such as placing the carseat in the child's bedroom (risk of positional asphyxia).​​ 

• The safe supervision of your child is your provider’s first priority at all times. We value completing family support tasks or light housekeeping, however these must come second to supervision. 

• If a provider will be using your car you agree to maintain appropriate car insurance and to maintain the car in safe working condition.

• ​You are responsible to ensure that your home/booking location is a safe environment for children including but not limited to: chemicals have been correctly labeled and stored, sufficient child safety devices properly installed, furniture/decor which could fall on a child secured, medication /medical devices are functional, secure and not expired, pets/animals secured if necessary, and all hazardous areas or items, sharp objects, weapons and ammunition are properly secured.

• HOTEL SITS: you agree to reimburse your childcare provider if they use the hotel paid parking garage for safe well-lit parking. Children must be in the same room or directly adjoining suites.

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6B. CHILDREN UNDER 2 YEARS OLD 

• must have a baby monitor (or app) with a functioning screen AND sound in the sleeping space. 

• must have an age appropriate crib or pack n’ play free of suffocation hazards including pillows, loose blankets, large toys, or fabric crib bumpers. A sitter cannot put a baby to nap/sleep in an adult bed, couch/sofa, etc. Supervised stroller naps are ok provided that supervision and proper care of any other children in the home can be maintained.

• must be able to nap/sleep without being held for the duration of the nap/sleeping period (for worker shoulder and spinal health). Occasional baby wearing of young infants is ok. 

• must have sufficient diapers, wipes, bottles/cups, food (formula, breastmilk, solids) and changes of clothing for the booking.

• Reservations for children < 2 years old are limited to 2 children under two per childcare provider. (Example: twin babies and a 4 year old sibling calls for one sitter; twin babies and a 22 month old sibling calls for a second sitter). 

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7. POLICY FOR SICK CHILDREN OR FAMILY ILLNESS

Communication is key. You MUST notify the agency and the sitter in advance if:

• you or anyone in your home is sick or has lingering symptoms of an illness 

• your child is sick or was kept home from school

• anyone in your home has symptoms of COVID-19 and does not have a negative test result

• it is helpful to notify us in advance if your child isn't sick but has seasonal allergies, asthma, etc.​​​

 

You must notify the agency and your sitter in advance to help us determine if we can safely send you a provider. If we determine that we cannot, the cancellation fee will apply. The fee is not a penalty that the agency keeps. It is paid in full to the babysitter to help them recoup earnings.

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Please do not book care, and cancel any scheduled booking, if your child has:​​​

• lice (this is highly transmissible)

• fever (parents can request an exception for low grade teething fever, it is important to let us know in advance)

• significant vomiting or diarrhea 

• shortness of breath/difficulty breathing 

• symptoms of COVID-19 or was kept home due to COVID-19 closure 

• highly contagious illness such as (not limited to) RSV, E. coli, Hand, Foot & Mouth (HFM), stomach flu, norovirus etc.  

 

Parents can book care for a child whose only symptom is a runny nose, or something mild/moderate such as stomach upset but otherwise feeling fair, no fever etc. It is recommended that the sitter and all family members wear masks. If your child has the symptoms above when your childcare provider arrives or develops a fever, your provider may need to leave. In this case the agency would invoice your account for the full booking.​

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7B. SITTER ADMINISTERING MEDICATION/MEDICAL DEVICES

• You must provide timestamped written instruction (text, email, handwritten note) for provider to administer any medication to a child.

• A provider cannot assume responsibility for the expiration date or functionality of your child's medication or medical devices.

• We strive to recruit caregivers with a variety of backgrounds, experiences, and training.  It is our goal to provide wonderful service to every family and to build long lasting professional relationships with all clients. There may be a scenario where your family's needs cannot be met by our current team of caregivers.  We promise to discuss any potential concerns with you, and will work to address your needs.  Notwithstanding anything to the contrary in this Agreement, in the event that we determine that we cannot appropriately match you with a caregiver who meets your needs, we reserve the right to refund any deposits and discontinue effort to match you to a caregiver.  In this situation, we will do our best to refer you to other resources we are aware of.

• Our service is not intended to be used as a home medical aide service or pediatric care service.

 

7C. COVID-19 SAFETY POLICIES

• You agree not to book our babysitters if you or any person in your home is experiencing symptoms of COVID-19 and does not have a negative test result yet, or has been diagnosed with COVID-19. 

• We follow Boulder County's mandates regarding exposure, quarantine and isolation. We adhere to the Boulder County Public Health Department's current orders regarding exposure reporting, notification, and the definition of exposure. See Boulder County COVID Safety Page: https://www.bouldercounty.org/families/disease/covid-19-information/quarantine-isolation/.

• Babysitters will wear a mask in your home upon request. A documented medical reason is the only exception to excuse provider from wearing a mask. 

• We cannot limit how providers spend time off, such as patronizing restaurants open for seating, traveling or seeing friends/family. We cannot inquire about a provider’s activities during off time/personal time. 

• Per Colorado Revised Pandemic And Epidemic Diseases Statute § 25-1.5-102(1), sitters and nannies cannot go to locations where any person is exhibiting symptoms of COVID-19, has been diagnosed with COVID-19, or has been exposed (depends on vaccination status & symptoms).

• Because a mild runny nose is so common for children, providers are permitted to come if there are no other symptoms. If any person in your family has taken a COVID-19 test, do not book care until you have a negative result. 

• The agency does not permit providers to come to bookings with symptoms, or to attend a booking while waiting for a COVID-19 test result, to the extent that we are made aware of these things. 

 

8. HOW TO BOOK AN OVERNIGHT SITTER

• Maximum booking length: 3 nights. 

• Typically requires a minimum of 7 to 14 days notice.

• Booking reservation of 35.00/overnight is not refundable or transferrable and not credited to your account if you must cancel. This is because coordinating overnight care requires more hands-on management than a standard booking. 

• Only booked with a sitter who has previously met your child(ren). For this reason we cannot guarantee replacement/substitute in the unlikely event your sitter becomes unavailable for the overnight booking.

• Child(ren) must have an age-appropriate bed (crib, toddler bed, bed with fall guards, etc.).

• Children cannot sleep in a bed with/share a bed with the sitter.

• Sitter must be provided with an appropriate bed such as a guest bed, a foldout couch bed, or your bed with clean linens. 

• You must inform us in advance about anyone else who will be at your home i.e. a house guest, grandparent, roommate, etc. 

• You must inform us if your child sleepwalks or has night terrors before you make a booking request. We may be able to care for children who sleepwalk. We do not book overnights for children experiencing night terrors. 

• You must have a contingency plan for a person to relieve the babysitter in the event that you cannot get home on time due to flight delay, your child cannot go to school as planned, etc. 

• You must have an emergency plan for a person to relieve the sitter in the rare event that your sitter has a medical emergency or contracts COVID-19.

• Overnight Rate: $15.00/hour ages 1 year and up, covers up to 4 children, for up to 8 hours (generally 10:00 pm to 6:00 am).

• $18.00/hour ages < 1 year. Does not apply to night nanny care. Does not apply for any hours that children wake and require care.

 

8B. HOW TO BOOK OVERNIGHT CARE: LABOR & DELIVERY 

All of the policies above apply, and:

• sitter must be placed on paid "on call" status  to reserve them for labor & delivery childcare.

• paid "on call" status requires 60 to 75% of the sitter's full hourly pay for the opportunity cost of declining other paid work in order to remain available for your family.

• $50.00/day agency commission payment 

• Colorado overtime law may require overtime for any shift exceeding 12 hours.

• paid on call agreements for L&D require a deposit and a credit card on file. 

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9. PROVIDER BACKGROUND CHECK AND DRIVING RECORD CHECK

We process a background check and a driving record for every provider at the time that they join our group. Our background and DMV checks are processed through a third party vendor compliant with the FCRA (Fair Credit Reporting Act). You can see exactly what our background and DMV Record check reviews, here. This check includes:

• SSN Trace

• County Criminal Record Search of all counties in which candidate has resided within the past seven (7) years

• Multi-State Instant Criminal Check with Verification

• DOJ Sex Offender Search. The DOJ Sex Offender search is a nationwide search through the Federal Department of Justice, which includes registry data covering 49 states, excluding Nevada, which is prohibited by state law, and including the District of Columbia and U.S. territories. The 7-Year County Criminal Record Search includes all jurisdictions found in the SSN trace. This search is upgraded to a statewide search, rather than a county search, for a limited set of states including New York, Maine, Vermont, Puerto Rico and other U.S. territories.

 

The DMV record check verifies:

• a valid license to drive a passenger vehicle or motorcycle.

• no more than 2 accidents in the past 3 years.

• no more than 1 moving violation and 1 accident in the past 3 years.

• no more than 2 moving violations in the past 3 years.

• no cell phone or distracted driving violation in the past 3 years.

• no major violation in the past 5 years.

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The DMV record check is a summary of the provider’s overall driving performance assessing the six (6) standards above. We may accept a candidate to the team if a DMV record check returns a finding to consider, and we are able to satisfactorily resolve the finding factoring in a clean driving record since the date of infraction. If you would like additional verification when hiring a nanny through our referral service, such as drug testing, fingerprinting or inspection of a provider's vehicle, you may do so at your own expense. You agree to pay the candidate for their time to complete these additional checks and any cost of these checks.  

 

SOCIAL MEDIA The internet is a massive place and, as such, we cannot guarantee review or verification of an applicant’s online/social media presence. Generally, any social media findings would only be disqualifying if findings violated our policies on safety, harassment or discrimination, or depicted racist images, illegal drug use, drug use/impairment in the presence of children, hate speech, or other discriminatory, unsafe or unlawful behavior. 

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REFERENCES and RESUMES We require two childcare-related references and accept phone or email verification. We do not verify the entire resume an applicant provides. We will collect proof of credential from the state of Colorado, if the applicant  lists an active Colorado ECE or K-12 teaching credential in their resume. We collect a copy/proof of a degree or transcript if the applicant has applied to a nanny position which requires a degree. 

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10. CONFIDENTIALITY and SOCIAL MEDIA POLICY

• Your family's information is confidential, including but not limited to medical, financial or legal information. Providers should share information with the agency only if it is relevant to doing their work. Providers may privately share your address for the purpose of being picked up from your address (ride share etc). Your consent is always required to post or publish any image of your child's face/likeness. 

• You agree to maintain confidentiality of providers' personal details including, but not limited to: phone number, W-2 information, banking/financial information, physical address, results of background and/or DMV record check, and other information you may learn about them that is understood to be private personal information.

• This clause shall never prohibit the agency, a provider or a client from reporting concerns of abuse, neglect, or any crime to welfare/protective services or to legal authorities.

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11. GROUNDS FOR TERMINATION/DISMISSAL OF PROVIDER

• Willfully taking your child/dependent(s) to any destination not approved by you

• Willfully allowing the safety of your child/dependent(s) to be compromised

• Compromising the safety of your child/dependent(s) due to negligence/dereliction of duty

• Inconsistent or non-performance of agreed-upon job responsibilities

• Insubordinate disruptive behavior, dishonesty or stealing

• Breach of Confidentiality or Social Media Policy clause 

• Absenteeism, no show or willful tardiness 

• Unapproved guests 

• Working with odor of cigarette smoke, vape or marijuana smoke

• Poor personal hygiene* 

• Smoking or vaping during work hours, consumption of alcohol during work hours, use or possession of any illegal drug, unauthorized prescription, or marijuana products (regardless of legality); working while diminished or "under the influence" of a medication (even if legally prescribed or OTC)

• Physical mistreatment or verbal mistreatment of a child

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Dismissal of a provider due to personal preferences/not for cause may result in cancellation charges for scheduled future bookings. *Personal hygiene may be the result of protected reasons such as a medical condition or cultural differences. In these instances, the agency must act in accordance with anti-discrimination law.

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12. FEDERAL AND STATE WAGE REQUIREMENTS

With very few exceptions, domestic workers are classified as “non-exempt” (protected) workers. There may be exceptions for "casual babysitters"; see 7 CCR 1103-1(2.2.7) & 29 USC 213(a)(15). Non-exempt workers are entitled to pay for every hour worked at a rate that may not be less than the federal, state and, if applicable, local minimum wage rate. Additionally, overtime (time-and-a-half) is paid for each hour over 40 in a 7-day workweek. Under Colorado state wage law, non-exempt domestic workers must be paid overtime (time-and-a-half) for hours worked in excess of 12 hours in one workday, or 12 consecutive hours regardless of the day. 

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The agency is a referral service. We do not employ childcare providers. While we may provide you with resources regarding taxes, payroll or employer obligations and employee relations, we cannot definitively advise you in regard to these. We recommend that you consult with your own legal counsel or tax service regarding questions or contracts, including this one. A provider may qualify as your employee. We recommend that you reach out to the Colorado Department of Labor at (303) 318-8000 regarding possible obligations as an employer.

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13. THE LEGAL STUFF.

• If there is more than one Client, then all Clients are jointly and severally liable for all obligations under this Agreement.

• You as the Client shall indemnify and hold harmless the Agency, and our employees, team members, managers and agents, from and against any third party claims for any loss, cost, or damage for bodily injury (including death) of any person or damage to real or tangible personal property arising directly from the negligent or intentional actions of the other or its agents in connection with the performance of the services under this Agreement; and from any claims related to unemployment obligations, unpaid employer payroll taxes, or other claims which may arise from the relationship between Client and Provider.  

• You as the client shall indemnify and hold harmless the Agency, and our employees, providers, managers and agents, for any loss, cost, or damage for bodily injury (including death) of any person or damage to real or tangible personal property at the location of your booking, and from any claims, DAMAGES, COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEYS FEES) related to unemployment obligations, unpaid employer payroll taxes, LEGAL ACTIONS or other claims OR MATTERS which may arise from the relationship between Client and Provider.

• The Agency and our employees, providers, managers and agents, shall not be financially responsible or obligated to reimburse/make whole the client for any lost purchases/sunk costs of any kind as a result of a provider cancellation, including, but not limited to, event tickets, concerts or sporting events, hotel bookings, reservation fees, airline purchases, penalties for missed medical appointments, costs of missed coursework, classes or exams, missed opportunity costs, etc. 

• Per Colorado’s Good Samaritan law 13-21-108, “persons rendering emergency assistance shall not be liable for any civil damages for acts or omissions made in good faith as a result of rendering such emergency care or emergency assistance during the emergency, unless the acts or omissions were grossly negligent or willful or wanton.”

• Client acknowledges that childhood injuries sometimes occur despite attentive care and appropriate supervision.

• LIMITATION OF LIABILITY. NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT, INCLUDING BODILY INJURY, DEATH, LOSS OF REVENUE, OR PROFITS OR OTHER BENEFITS, AND CLAIMS BY ANY THIRD PARTY, EVEN IF THE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING WITHOUT LIMITATION TO BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, AND OTHER TORTS.  In no event shall the Agency’s liability to Client exceed the total Referral Fees paid to the Agency by the Client in any twelve (12) month period.

• This Agreement, and the Terms of Service, make up the entire agreement between us, and supersedes all prior negotiations, agreements, representations, and understandings of any kind, whether written or oral.  This Agreement shall inure to the benefit of the Parties hereto, their successors, personal representatives, and heirs.  This Agreement may be amended only by written agreement duly executed by both Parties.

• Any notices which are to be provided pursuant to this Agreement shall be in writing and may either be delivered in person or sent by certified mail, return receipt requested, postage prepaid sent to the last known address of the applicable party.  Notice shall be deemed received within three (3) business days after notice is deposited in the United States mail, or two (2) business days after deposited with an overnight courier.

• If any provision or provisions of this Agreement shall be held unenforceable for any reason, then such provision shall be modified to reflect the parties’ intention. All remaining provisions of this Agreement shall remain in full force and effect for the duration of this Agreement.  

• This Agreement shall not be assigned by the Client.

• A failure or delay in exercising any right, power or privilege in respect of this Agreement will not be presumed to operate as a waiver, and a single or partial exercise of any right, power or privilege will not be presumed to preclude any subsequent or further exercise, of that right, power or privilege or the exercise of any other right, power or privilege.

• This Agreement and all rights, causes of action and disputes arising hereunder or related to this Agreement shall be governed by and construed in accordance with the laws of the State of Colorado without reference to any principles of conflicts of laws, which might cause the application of the laws of another state. If any dispute arises under the terms of this Agreement the Parties agree to select a mutually agreeable neutral third party in Boulder, Colorado to help them mediate it.   If any arbitration, suit, action or other proceeding of any nature (including any contested matter or adversary proceeding under the U.S. Bankruptcy Code) is instituted in connection with any controversy arising out of, or related to, this Agreement or to interpret or enforce any rights hereunder, the prevailing party shall be entitled to recover reasonable fees and expenses, including attorneys’ fees, as determined by the judge at trial or on appeal or review, in addition to all other amounts provided by law. 

• This Agreement may be signed by the parties in one or more counterparts, each of which when delivered to the other parties (including via facsimile or e-mail portable document format (*.pdf)) will be deemed to be an original copy of this Agreement and all of which, when taken together, will be deemed to constitute one and the same Agreement.

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13B. CLIENT PROMISES

• You understand that you are engaging the Agency as an independent contractor, and that we do not employ the providers. The Agency assumes no liability for personal injury, property damage, lost/sunk costs (event tickets, reservation fees etc.),  lost opportunities or missed appointments arising out of a provider’s performance under this Agreement.

• You have reviewed this Service Agreement, available at babysittersofboulder.com/policies, which may be updated from time to time, and website terms are incorporated into this Agreement.  In the event of any discrepancy between this Agreement and the website, the Service Agreement on the website shall govern.

• You understand that you should consult your own legal or tax counsel regarding this Agreement, questions about the tax treatment of a Provider, payment of unemployment insurance, overtime pay, sick pay, and other matters.  We may give you general information with respect to these, but ultimately it is up to you to make a final determination.

• You agree to not share or adapt this Agreement or other agency documents or materials for any other use. 

• If another child participates in your booking and their parent is not registered with us, you assume responsibility for that child. This includes playdates, carpools, etc. We strongly recommend that a family sharing a booking with you register with our service prior to the booking.

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14. TERM OF THIS AGREEMENT

• This Agreement starts when you register with us, and will continue in effect until terminated by either party for any reason upon thirty (30) days’ written notice (e-mail is sufficient), subject to any remaining payment obligations being fulfilled.  

• If one Party is in breach of this Agreement, the non-breaching Party shall give written notice (e-mail is sufficient) of the breach, and the breaching Party will have seven (7) days to cure the breach.  If the breach is not cured or occurs again, the non-breaching Party may terminate the Agreement immediately, subject to any remaining payment obligations being fulfilled.  

• Babysitters of Boulder LLC reserves the right to update our services or discontinue services to you, or any features or portions thereof, respective of the term of this agreement. 

• We may be unable to retain you as a client if an animal/pet in your home bites, lunges at or displays aggressive behavior towards a provider, and the decision to terminate your client status is at our sole discretion as we see fit for the safety and best interests of our team members.

• If we learn that you have engaged a provider without involving the agency per the terms of this Agreement, we may invoice you the booking fee or the Agency Commission Payment (https://www.babysittersofboulder.com/nanny-placement-pricing), whichever is applicable, and/or terminate you immediately and retain any deposits as liquidated damages.

• Even if the Agreement is terminated, the terms of this section, Section 2 (Responsible Use) Section 3 and 4 (Payment & Cancellation Charge), Section 13 (The Legal Stuff), and 13B (Client Promises) shall survive any termination of this Agreement.

IN WITNESS WHEREOF, the Parties hereto, intending to be legally bound, have executed this Agreement as of the date of online registration. I, the client, have acknowledged and agreed to these terms during registration through the "I Agree" checkbox. I affirm that completing this checkbox represents the full force and effect of my legal signature.