Updated March 1st, 2020 by Dana Uchto
By using the Project’s Date Night website, you agree to the following terms of service:
1.Use of personal data.
We will never sell or disclose your personal information to any 3rd party marketers.
All babysitters at Project Date Night are independent contractors and not hired employees.
Project Date Night is an online-based referral company that provides our customers with available on-call babysitters within our network. All services offered by Project Date Night, including referrals for last-minute childcare coverage, emergency childcare requests, date nights, etc. are available ONLY to families that have an active membership with Project Date Night;
You ( PARENTS) are responsible for determining and agreeing with each babysitter regarding the exact nature of the services that will be provided as well as the manner in which such services will be carried out. You are solely responsible for payment to each babysitter you booked by the rates described in our RATES AND SERVICES. Payment to each babysitter shall be sent after rendered service via Venmo application to ensure the correct amount for services rendered. It is your responsibility to communicate with a sitter with a reasonable amount of notice and agree upon changes in timing, and expectations as to duties of the said babysitters.
You are responsible for complying with all laws (including without limitation local, state and federal tax laws) that are applicable.
By using this service, you agree to indemnify and hold us, our owners and contractors from and against any claims against us arising out of or relating to your failure to comply with such laws.
In consideration of our services, we may charge your card on file all applicable fees as described in RATES AND SERVICES, including any unpaid wages to our babysitters. By using this service, you acknowledge that you understand and agree to these charges, which may change from time to time.
During the term of this Agreement, and for one (1) year following its termination or expiration, you agree:
– not to solicit or induce any of our babysitters (independent contractors) to terminate or breach contractual or other relationship with us;
– not to solicit any babysitters ( independent contractors) of whom you become aware through a referral by us ( working with us), to employ or contract with that said babysitter for childcare services other than through our services.
You agree that your breach of this section will cause substantial damages to Project Date Night LLC, and the cost would be too difficult to quantify with any degree of certainty.
In the event of such a breach by you, you will pay $5,000 in liquidated damages to Project Date Night LLC as a reasonable estimate of such damages, and not as a penalty or punishment.
We perform a thorough reference check on all of the babysitters in our network. We also require an Adult & Pediatric CPR, AED, and First Aid training and certification from each of our babysitters (babysitters= contractors). We also conduct in-person interviews with any potential candidates for Project Date Night babysitters( contractors) and hold quarterly childcare training sessions. Despite these and other reasonable efforts to work with only highly qualified candidates, we make no warranties or representations as to the quality of services to be provided by a particular babysitter. On-demand background checks – performed by a third party – can be requested. While we believe these services to be reliable and reputable, we do not warrant the accuracy of the provided checks and are not responsible for any inaccurate results.
5. Limitation of Liability.
In no event will we be liable to you 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 you for any claims by you under this Agreement exceed the greater of Booking Fees paid by you to us in the twelve (12) months preceding the claim or $1,000.
We are not responsible or liable in any manner whatsoever for the acts or omissions of any babysitter while providing services to you or the loss or damage arising therefrom. To the extent permissible under applicable law, we make no warranties in connection with our services or the services provided by any babysitter (independent contractor), and hereby disclaim all warranties of any kind, whether express, implied or statutory. You will indemnify and hold us, our owners and contractors from and against any claims by you or any third party arising out of or relating to the acts or omissions of any babysitter.
7. Amendments; Termination.
We may amend this Agreement at any time upon notice posted on our website, and your continued use of this website constitutes your acceptance thereof. Otherwise, the Agreement may not be amended without the written agreement between you and us. Either you or we may terminate this Agreement immediately upon notice to the other.
This Agreement will be governed by the laws of the State of New York and are subject to change without notice based on the laws of said state. It constitutes the entire agreement between you and us 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.
a. Under federal anti-discrimination laws, businesses can refuse the service to any person for any reason, unless the business is discriminating against a protected class.
- Project Date Night reserves the right to refuse service should issues arise that cannot be reasonably handled. When providing our services, it is important that we meet with families individually to get a scope of the services required. Should we for any reason deem the aforementioned needs as outside of what we offer, we reserve the right to decline service.
b. Additional information:
- For the ease and transition of the child(ren) and the babysitters, more often than not we expect the parents/guardians to not be in the residence at the time of service. There are certain instances where exceptions to the rule can be made, but for continuity purposes, it is best to vacate the premises. We respect that many families may have home offices and have to perform certain duties in the residence but it is your responsibility to coordinate with the babysitter.
- It is expected that you provide proper equipment for the babysitter to use in inclement weather for themselves as well as the child(ren). Within reason or a snowstorm/extreme weather conditions, we expect families to consider the welfare and safety of babysitters and provide cab fare/car service home.
- we require parents who leave children in our care while they are traveling, to provide us with the following:
– notice of minimum one week of international and three days of domestic travel;
– an updated list of local emergency contacts that are allowed to care for and make medical decisions regarding the child; If there is no one – we need notarized permission that will allow us to make those decisions in case of emergency when parents are unreachable;
– information as to how can we reach you at your travel destination in case we can’t contact you by your cellphone alone ( for example – if we have to reach you while you are at the shoot or hotel Information, etc.);
– the exact information of your child’s schedule for the time you are away, including meal plan and $ for food shopping/activities if necessary;
– The essential school information including access to the school’s communication system; the sitter should also be listed at school as an emergency contact for when parents are traveling;