Children’s Symptoms We Can Care For

You may book with us if your child has a runny nose with clear discharge. We may be able to send a sitter if your child has mild symptoms such as loss of appetite, low energy, or lingering congestion after an illness that’s no longer contagious. Mask wearing can help to prevent the spread of illness. If you have asked your sitter to wear a mask, kindly demonstrate courtesy by wearing one as well.

The Boulder Valley School District Guide, “How Sick is Too Sick?” may help you determine when it’s best to canceling your booking.

List of Illnesses/Symptoms Which Require You to Cancel 

• lice
• fever (you may request an exception for a low teething fever, a common teething symptom)
• contagious illness such as Norovirus, flu, pink eye, chicken pox, Hand, Foot & Mouth (HFM), strep throat, mumps, measles, etc. 
• ongoing vomiting or diarrhea that is not well-controlled by medication
• persistent coughing and sneezing 
• your child is experiencing shortness of breath, difficulty breathing, or blue skin tone around the face, lips, or chest (an indicator that a child cannot fully catch their breath)
• COVID-19, symptoms of COVID-19 without a negative test, or kept home due to exposure
• if anyone in your home is waiting on a COVID-19 test result, or if any person in your home has symptoms of COVID-19 and does not have another diagnosis or a negative test result, your sitter should not come

This is not necessarily an exhaustive list, and our COVID-19 precautions may change as state or CDC recommendations change. 

• Your sitter can administer medication with your written permission and dosage confirmation – text, email, or handwritten note suffices
• A sitter cannot assume responsibility for the expiration date or functionality of your child’s medication or medical devices
• Our service cannot be used as a home medical aide or pediatric care service

We strive to recruit caregivers with a variety of experience 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 team. We promise to discuss potential concerns with you and make good faith effort 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.

• We cannot book care for you if you or any person in your home has COVID-19 or is experiencing symptoms of COVID-19 and does not have a negative test result
• Because a runny nose is so common, you may book care if your child has a runny nose with clear discharge and no other symptoms
• We follow Boulder County Public Health Department’s current orders regarding isolation, quarantine, exposure reporting, and the definition of exposure – see Boulder County COVID Safety Page
• Your sitter can wear a mask in your home upon request – a documented medical reason is the only exception excusing a sitter from wearing a mask
• If you need your sitter to wear a mask, please have clean masks available
• Per Colorado Revised Pandemic And Epidemic Diseases Statute § 25-1.5-102(1), we do not send sitters to to locations where any person is exhibiting symptoms of COVID-19, has been diagnosed with COVID-19, or has been exposed
• If any person in your family has taken a COVID-19 test, do not book care until you have a negative result
• We do not permit sitters to go to a booking when they have symptoms or are waiting for a COVID-19 test result

• Maximum booking length: 3 nights – may be extended for older children
• Typically requires a minimum of 14 days notice
• The agency booking fee for overnight sits is $35 per overnight
• Overnight care is booked with a sitter who has met your family – for this reason we cannot guarantee replacement in the event your sitter becomes unavailable
• Your child must have an age-appropriate bed
• Your child cannot sleep in a bed with or share a bed with the sitter at any time for any reason
• You must provide your sitter with an appropriate bed such as a guest bed, a foldout couch bed, or your bed with clean linens
• Inform us in advance about anyone else who will be at your home i.e. a house guest, grandparent, roommate, etc.
• Inform us if your child sleepwalks or has night terrors before you make a request
• Have a contingency plan for the person to relieve your sitter in the event that you cannot get home on time due, your child cannot go to school as planned, etc.
• Have an emergency plan for the person to relieve your sitter in the event that your sitter has an emergency
• Daytime care follows our standardized hourly rates
• The overnight rate is $15.69 per hour, 2024 Boulder minimum wage, for up to 8 hours (generally 10:00 pm to 6:00 am) – this is subject to change
• Overnight rate does not apply to night nannies or when a child requires care

OVERNIGHT CARE: LABOR & DELIVERY

• 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 reasonably understood to be private personal information
• This clause shall not prohibit the agency or a provider from reporting concerns of abuse, neglect, or any crime to welfare/protective services or to legal authorities

BACKGROUND CHECK, DRIVING RECORD CHECK and SCREENING

We process a background check and a driving record when a provider joins our group. Our background and DMV checks are processed through a third party vendor compliant with the FCRA (Fair Credit Reporting Act). The background check includes:

• SSN Trace
• County Criminal Record Search of the counties 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.
• DMV record

The DMV record is a summary of the provider’s available driving history. We may accept a candidate to the team if a DMV record check returns an infraction and the candidate can provide a reasonable explanation, factoring in a clean driving record since the date of infraction.

SOCIAL MEDIA

Generally, social media findings would be disqualifying if findings violated our policies in regards to safety, harassment or discrimination, or depict racist images, illegal drug use, mistreatment of children, hate speech, or other discriminatory, unsafe or unlawful behavior. It is not possible to guarantee a full review of an applicant’s online presence due to the size of the internet and of social media.

REFERENCES & RESUME

We require two childcare-related references and accept phone and email verification. We make good faith effort to verify teaching credential if the applicant lists an active ECE or K-12 teaching credential in their resume. We collect proof of degree or transcript if the applicant applies to a nanny position which requires a degree.

The information provided by Babysitters Of Boulder about a provider, and used by Babysitters Of Boulder to determine a provider’s qualifications, is based on information given by that provider. It is not always possible to verify all information. You agree not to hold Babysitters Of Boulder liable for inaccuracies or omissions in such information.

You may request to view a team member’s background check or DMV record if you have a confirmed booking with that team member. You must maintain strict confidentiality of all content therein. 

GROUNDS FOR DISMISSAL OF A SITTER

• Willfully taking your child/dependent to any destination not approved by you
• Willfully allowing the safety of your child/dependent to be compromised
• Compromising the safety of your child/dependent 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

*Personal hygiene may be the result of protected reasons such as a medical condition or cultural differences. In these instances, the agency acts in accordance with anti-discrimination law.

We work at your discretion and it is your right to decline to work with a provider. However, please note that declining for personal preferences such as fit or personality does not constitute an exception to cancellation payment policies or other payment policies. Declining for these reasons may require a cancellation payment for upcoming bookings you wish to cancel or reassign.

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.

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. We recommend that you reach out to the Colorado Department of Labor at (303) 318-8000 regarding possible obligations as an employer.

• 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 recommend that a family sharing a booking with you register with us first.
• The Agency assumes no liability for personal injury, property damage, missed appointments, or sunk costs, including but not limited to: tickets, reservation charges, airline or travel purchases, cancellation or missed appointment fees, lost opportunities, or loss of good will.
• You have reviewed this Service Agreement, which may be updated from time to time. Website terms are incorporated into this Agreement. In the event of any discrepancy between this Agreement and the website, the terms on the website Policies page 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 not to adapt or copy this Agreement or other agency documents or materials for any other use.

• 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.
• We record and/or monitor incoming calls to and outgoing calls from our business line. By proceeding with a call you consent to this recording and/or monitoring.
• 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.

• nts 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.

• 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.
• The decision to terminate your client status is at our sole discretion.
• 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  commission payment for nanny placement, whichever is applicable. We may terminate your client relationship with us 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.

For best results, we recommend 72 hours notice. We have an excellent 85-90% fulfillment rate on short notice requests. It is not guaranteed. To book with your favorite sitters, we recommend booking 2 weeks in advance. You are welcome to request care as soon as you know the date and time you need.

Yes, the sitter receives the cancellation payment for the reservation of their time. Although canceling is courteous of the sitter’s health, the sitter needs to receive pay as well. Our sitters work with many families, and it’s not uncommon for children to have contagious illness especially during the winter. If illness cancellations were unpaid it would significantly impact the sitter’s income and force them to leave the field.