1. Agreement

These Terms of Service (“Terms”) govern all babysitting services provided by Jazz’s Babysitting (“Jazz’s Babysitting”, “I”, “me”, “my”) to the parent or legal guardian (“Client”, “you”, “your”).

By making a booking, you acknowledge that you have read, understood and agree to be bound by these Terms.

These Terms apply to all bookings unless otherwise agreed by Jazz’s Babysitting in writing.

Nothing in these Terms excludes, restricts or modifies any rights or remedies you may have under the Australian Consumer Law or any other applicable legislation.

2. Booking Policy

Bookings are confirmed once accepted by Jazz’s Babysitting and all required documentation has been completed.

Bookings cancelled due to a change of mind are not eligible for a refund or credit.

If your child becomes ill:

  • A credit equal to 100% of the booking fee will be issued where at least eight (8) hours’ notice is provided in writing before the booking commencement time.
  • Where less than eight (8) hours’ notice is provided in writing before the booking commencement time, a credit equal to 40% of the booking fee will be issued.

All credits:

  • are valid for two (2) years from the date of issue;
  • are non-transferable;
  • cannot be exchanged for cash; and
  • may only be used for future bookings.

3. Required Documentation

New Clients must complete and sign the following documents through Jotform:

  • Jazz’s Babysitting Client Intake Form; and
  • Jazz’s Babysitting Qualifications Acknowledgement.

Existing Clients must submit updated documentation where:

  • they have not made a booking within the previous three (3) months;
  • updated qualifications or clearances require acknowledgement; or
  • these Terms have been updated since the previous booking.

These documents must be received no later than 24 hours before the booking commencement time.

Failure to provide all required documentation at least 24 hours before the booking commencement time may result in the booking being cancelled.

It is the Client’s responsibility to ensure all documentation provided to Jazz’s Babysitting is accurate and current.

4. Qualifications and Confidentiality

Clients acknowledge that Jazz’s Babysitting’s qualifications, clearances, certifications and supporting documentation are provided solely for the purpose of verifying professional credentials.

Clients must comply with the confidentiality and permitted use provisions contained in the Jazz’s Babysitting Qualifications Acknowledgement.

5. Emergency Contacts

Clients must nominate two (2) emergency contacts.

The Client warrants that:

  • both emergency contacts have agreed to act in that capacity;
  • both emergency contacts are available on the booking date; and
  • both emergency contacts are located within the Perth metropolitan area unless otherwise agreed by Jazz’s Babysitting.

6. Emergency Medical Treatment

If Jazz’s Babysitting reasonably believes a child requires urgent medical treatment, the Client authorises Jazz’s Babysitting to contact an ambulance, doctor or other emergency medical service.

The Client remains responsible for any costs associated with such treatment.

7. Scope of Services

Unless otherwise agreed in writing:

  • children will remain within the property boundary throughout the booking;
  • swimming pools and spas are strictly prohibited;
  • overnight babysitting is not provided;
  • transportation of children by motor vehicle is not provided; and
  • general household cleaning and meal preparation outside normal childcare duties are not included.

8. Medical Information

Clients must disclose all medical conditions, allergies, medications and behavioural requirements before the booking.

Where applicable, Clients must provide:

  • a current GP Medical Action Plan;
  • all required rescue medication;
  • two (2) in-date EpiPens where prescribed; and
  • any additional medication required for the child.

If required medication or medical documentation is not provided, or medication has expired, Jazz’s Babysitting may refuse to commence or continue the booking until the issue has been resolved.

Medication will only be administered in accordance with written instructions provided by the Client.

9. Food

Clients are responsible for ensuring meals are prepared before the scheduled booking commencement time, or that takeaway orders have been placed and paid for unless otherwise agreed in writing.

Jazz’s Babysitting is unable to pay for food on behalf of the Client.

For health reasons, Jazz’s Babysitting cannot prepare or handle kiwi fruit or eggplant due to allergies.

10. Travel Fees

Travel fees apply where the booking location exceeds 20 kilometres (one way) from Bentley, Western Australia.

Travel distance will be calculated by Jazz’s Babysitting using Google Maps.

Locations exceeding 40 kilometres (one way) will be quoted individually.

Applicable travel fees must be paid before the booking commences.

11. Professional Practice

Jazz’s Babysitting will endeavour to follow all reasonable parenting preferences provided by the Client. However, where a request conflicts with recognised safety standards, legislation or accepted childcare practices (including safe sleep guidelines), Jazz’s Babysitting will exercise professional judgement and follow current best practice.

12. Booking Extensions and Overtime

Standard bookings conclude no later than:

  • 12:00 am for ordinary bookings; and
  • 1:00 am for New Year’s Eve and approved special events.

Clients expecting to return late must notify Jazz’s Babysitting in writing at least one (1) hour before the scheduled finish time.

Any time extension is entirely at the discretion of Jazz’s Babysitting.

Where the Client fails to return home by the agreed finish time:

  • a Late Fee of $100 will apply; and
  • after 20 minutes, overtime will be charged at $80 per 30-minute period (or part thereof).

Where Jazz’s Babysitting is unable to contact the Client, nominated emergency contacts may be contacted.

If no responsible adult can attend within a reasonable time and Jazz’s Babysitting reasonably believes the children’s welfare requires it, Police or other emergency services may be contacted.

13. Health and Safety

For health and safety reasons, Jazz’s Babysitting does not provide babysitting services where a child:

  • is suffering from an infectious illness;
  • is displaying symptoms of illness;
  • has commenced antibiotics for an illness that may still pose a risk to others or is not well enough to participate in normal daily activities; or
  • has previously engaged in behaviour that has caused, or is reasonably likely to cause, physical or psychological harm to others and this information has not been disclosed to Jazz’s Babysitting before the booking.

If, upon arrival, Jazz’s Babysitting discovers that a child is unwell or that the Client has failed to disclose information required under this clause, Jazz’s Babysitting may refuse to commence the booking.

If, during the booking, a child becomes unwell, or Jazz’s Babysitting discovers that a child was unwell before the booking commenced and this was not disclosed by the Client, Jazz’s Babysitting may terminate the booking immediately. 

If, during the booking, a child engages in behaviour that causes, or is reasonably likely to cause, physical or psychological harm to Jazz’s Babysitting or another person, or engages in verbally abusive, threatening or aggressive behaviour, Jazz’s Babysitting may terminate the booking immediately.

If the Client does not return promptly following the termination of the booking, overtime charges will apply in accordance with Clause 12 until responsibility for the child or children has been transferred to the Client, an authorised emergency contact or, where necessary, emergency services.

14. Property Access

For emergency evacuation and safety purposes, Clients must provide:

  • a spare key;
  • digital access codes; or
  • hotel key cards, as applicable.

If Jazz’s Babysitting cannot safely exit the property during the booking, the booking may be terminated and emergency services contacted where necessary.

15. Unsafe Environments

Jazz’s Babysitting reserves the right to refuse or terminate a booking where the environment is considered unsafe, including but not limited to:

  • hoarded or unsanitary homes;
  • homes containing pet snakes;
  • multi-storey homes where, in the reasonable opinion of Jazz’s Babysitting, safe supervision cannot be maintained;
  • staircases without suitable handrails; or
  • any other environment presenting an unreasonable safety risk.

Where practical, Jazz’s Babysitting may agree to alternative arrangements before the booking commences.

16. Adults Present During Bookings

Clients must notify Jazz’s Babysitting in writing 24 hours before the booking commences if any adult will be present for any part of the booking. The notification must include the person’s full name, relationship to the child and how long the adult will be present at the booking.

Acceptance of bookings involving other adults remains entirely at the discretion of Jazz’s Babysitting.

Failure to disclose this information prior to the booking may result in immediate termination of the booking.

17. Security Cameras and Recording Devices

 Clients must notify Jazz’s Babysitting in writing at least 24 hours before the booking commences if any security cameras, video recording devices, audio recording devices, baby monitors with recording capability, or other surveillance devices are installed at the property, whether active or inactive.

This requirement applies to both internal and external cameras and recording devices.

Clients acknowledge that the disclosure of surveillance devices does not, of itself, prevent Jazz’s Babysitting from accepting or providing babysitting services.

Jazz’s Babysitting reserves the right to decline or terminate a booking where surveillance devices have not been disclosed before the booking commences.

Cameras or recording devices must not be located in private areas where a reasonable expectation of privacy exists, including bathrooms or areas designated for changing clothes.

If Jazz’s Babysitting becomes aware of any such camera or recording device, Jazz’s Babysitting may terminate the booking immediately.

Where the circumstances reasonably warrant, Jazz’s Babysitting reserves the right to report the matter to Police or any other appropriate authority.

18. Respectful Behaviour

Jazz’s Babysitting maintains a zero-tolerance policy towards abusive, threatening, intimidating, discriminatory or disrespectful behaviour from parents, guardians, guests or children.

Where such behaviour occurs, Jazz’s Babysitting reserves the right to terminate the booking immediately.

Where Jazz’s Babysitting reasonably believes it is necessary to protect the safety of the children or Jazz’s Babysitting, the Police or other emergency services may be contacted.

19. Mandatory Reporting

Jazz’s Babysitting is committed to safeguarding the safety, welfare and wellbeing of every child in its care.

As a qualified childcare educator and pre-service teacher in Western Australia, Jazz’s Babysitting complies with all applicable child protection laws and professional obligations.

Where there are reasonable grounds to suspect that a child has experienced abuse, neglect or is otherwise at risk of harm, Jazz’s Babysitting may be required to make a report or provide information to the appropriate authorities in accordance with applicable Western Australian legislation.

20. Payment

All fees, overtime charges, late fees, travel fees and any other charges payable under these Terms become immediately due upon demand unless otherwise agreed.

Outstanding amounts remain payable until paid in full and may be recovered as a debt.

Failure to pay outstanding amounts may result in future bookings being refused.

21. Limitation of Liability

Jazz’s Babysitting will exercise reasonable care and skill in providing childcare services.

Except where liability cannot lawfully be excluded, Jazz’s Babysitting is not liable for indirect or consequential loss arising from the provision of services.

Clients acknowledge that childcare involves inherent risks and agree to provide complete and accurate information relevant to the child’s health, wellbeing and safety. Nothing in this clause excludes, restricts or modifies any rights that cannot lawfully be excluded under the Australian Consumer Law.

22. Privacy

Personal information collected by Jazz’s Babysitting, including contact details, medical information and emergency contact information, is used solely for the purpose of providing babysitting services, ensuring child safety and complying with legal obligations.

Information will be handled confidentially and will not be disclosed except where required by law or where reasonably necessary to protect the health or safety of a child or another person.

Jazz’s Babysitting uses third-party service providers, including Setmore for online bookings and Stripe for payment processing.

Personal information provided through these services will be handled in accordance with these Terms and the applicable privacy policies of those providers.

Jazz’s Babysitting does not store or have access to Clients’ full payment card details. Payment information is securely processed by Stripe in accordance with its security and privacy practices.

23. Unforeseen Circumstances

Jazz’s Babysitting is not liable for any cancellation, delay or failure to provide services where this results from circumstances beyond reasonable control, including illness, family emergencies, severe weather, natural disasters, road closures, government directions or other unforeseen events.

Where practical, an alternative booking date or credit may be offered.

24. Governing Law

These Terms are governed by the laws of Western Australia. Any dispute arising from these Terms will be subject to the jurisdiction of the courts of Western Australia.

25. Entire Agreement

These Terms, together with the Jazz’s Babysitting Client Intake Form, Jazz’s Babysitting Qualifications Acknowledgement and any written booking confirmation issued by Jazz’s Babysitting, constitute the entire agreement between the parties and supersede any prior discussions, representations or understandings relating to the booking.

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

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