BABYSITTING SERVICES AGREEMENT

This Baby-Sitting Services Agreement (hereinafter referred to as the “Agreement”) is made on [INSERT DATE ON WHICH THE AGREEMENT COMES INTO FORCE] (hereinafter referred to as the “Effective Date”) between:

[INSERT NAME OF THE COMPANY], having registered office at [INSERT ADDRESS OF THE COMPANY] (hereinafter referred to as the “Company” which expression shall, unless repugnant to the context or meaning thereof, means and includes its legal representatives, executors, administrators and permitted assigns); and 

[INSERT NAME OF THE COMPANY], having registered office at [INSERT ADDRESS OF THE COMPANY] (hereinafter referred to as the “Client” which expression shall, unless repugnant to the context or meaning thereof, means and includes its legal representatives, executors, administrators and permitted assigns).

The “Company” and the “Client” together shall be referred to as “Parties” and individually as a “Party”.

WHEREAS

1. The Company is engaged in providing the qualified personnel (“Personnel”) for baby-sitting.
2. The Client is willing to have baby-sitting services from the Company.
3. The Client and Company mutually agree to the terms and conditions outlined in this Agreement, which governs the working relationship between the parties.
4. The parties are duly authorized and have the capacity to enter into this agreement.
5. Both the parties affirm to understand the provisions contained herein and in case either party requires clarification as to one or more provisions, either party has had the right to seek clarifications or sought legal guidance.

NOW, THEREFORE, in consideration of the mutual promises contained herein and intending to, be legally bound, the Parties have agreed as follows:

1. DEFINITIONS
   1.  "Client" refers to an individual engaging the baby-sitting services from the Company under this Agreement.
   2. "Company" refers to an individual who is engaged in providing the baby-sitting services to the Client under this Agreement.
   3. "Services" shall mean the baby-sitting services given by the provider to the Client, as detailed in the Scope of Services.
2. SCOPE OF SERVICES
   1. The services shall be provided at the client’s address located at [INSERT ADDRESS OF THE CLIENT]
   2. The Company shall provide the following babysitting services [INSERT THE SERVICES PROVIDED BY THE PROVIDER]
   3. The Company shall perform the Services diligently and in a professional manner, applying their expertise and best efforts. Any changes or modifications to the Scope of Services must be agreed upon in writing and signed by both parties.
   4. Client acknowledges that the Scope of Services does not include any work beyond the defined services unless explicitly agreed upon in writing and subject to additional fees and terms.
3. DETAILS OF THE CHILD
   1. Name:[INSERT NAME OF THE CHILD]
   2. Gender:[INSERT GENDER OF THE CHILD]
   3. Age:[INSERT AGE OF THE CHIILD]
   4. Date of birth: [INSERT DATE OF BIRTH OF THE CHILD]
   5. [MENTION ANY OTHER SPECIAL NEEDS OR MEDICAL CONDITIONS]
4. CONTACT DETAILS OF THE CLIENT
   1. Name:[INSERT NAME OF THE CLIENT]
   2. Contact No:[INSERT CONTACT NUMBER OF THE CLIENT]
   3. Address:[INSERT ADDRESS OF THE CLIENT]
   4. Emergency Contact No:[INSERT EMERGENCY CONTACT NUMBER]
5. SCHEDULE AND HOURS
   1. The Agreed schedule and hours of service shall be as follows: [INSERT DAYS AND HOURS OF SERVICE].
   2. Any changes to the schedule must be mutually agreed upon in advance by both the parties.
6. PAYMENT
   1. In consideration for the Services, the Client agrees to pay the provider a maximum total fee for the baby-sitting services under this Agreement [INSERT THE FEES].
   2. All payments made to the Company under this Agreement must be in [INSERT CURRENCY]. The payment shall be made via [INSERT MODE OF PAYMENT].
7. TERM AND TERMINATION
   1. The term shall commence on the effective date hereof and shall continue for a period of [INSERT TERM OF THE AGREEMENT], unless terminated earlier or extended as per the terms of this agreement.
   2. The Company may terminate the agreement by giving the Client a written notice of [INSERT NOTICE PERIOD FOR TERMINATION] days on the following grounds:
      1. If the client does not follow the provided guidelines of the baby-sitting services.
      2. If the client fails to make payment for more than [INSERT DURATION FOR DEFAULT IN PAYMENT] from the due date.
      3. If the Client engages in abusive or threatening behavior towards the Company’s staff.
   3. The Client may terminate the agreement by giving the Company a written notice of [INSERT NOTICE PERIOD FOR TERMINATION] days on the following grounds:
      1. If the Company fails to perform the baby-sitting services.
      2. If the Company does not comply with applicable laws and regulations.
8. DUTIES AND RESPONSIBILTIES
   1. The Personnel shall have, the following duties and responsibilities;
      1. To take proper care of the Children and shall never leave them alone.
      2. To give comfort to the Children, care for the children and nurture love to the children.
      3. To speak to the parents of the children after the completion of the shift and provide them feedback of the child.
      4. Shall write observation and create a portfolio for the child.
      5. Shall not have alcohol during the working hours.
      6. Shall take photographs during the service only with the camera provided by the client.
      7. Shall not misconduct, child abuse and violent or threatening behaviour (be it verbal or physical).
      8. Shall properly clean the room where the Children are to be looked after.
9. DAMAGES
   1. In the event of any damage to the Company’s premises or property caused by the child, the client shall be responsible for reimbursing the Company for the cost of repair or replacement.
   2. The Company agrees to notify the client promptly of any damages incurred. The client shall make payment for damages within [INSERT TIMEFRAME] of receiving notice from the provider. Failure to reimburse the provider for damages may result in termination of this agreement.
10. EMERGENCY PROCEDURE
    1. In the event of a medical emergency involving the child under the care of the personnel, provided by the Company, the personnel shall immediately contact the client using the emergency contact information provided. If the client cannot be reached, the provider is authorized to seek medical attention for the child as deemed necessary by medical professionals.
    2. The client agrees to promptly inform the provider of any changes to emergency contact information.
    3. The provider shall not be held liable for any costs incurred as a result of seeking medical attention for the child during an emergency situation.
11. FORCE MAJEURE
    1. Neither party shall be held liable for any failure or delay in performing its obligations under this Agreement if such failure or delay is caused by events beyond the reasonable control of the affected party, including but not limited to acts of God, natural disasters (e.g., floods, earthquakes, hurricanes), war, terrorism, riots, labour strikes, governmental actions, epidemics or pandemics, power outages, or other similar events ("Force Majeure Events").The affected party shall promptly notify the other party in writing of the occurrence of a Force Majeure Event, providing reasonable details of the event, its expected duration, and the steps being taken to mitigate its impact. Failure to provide timely notice may result in the affected party forfeiting its rights under this clause. If a Force Majeure Event continues for a period exceeding [INSERT THE NUMBER OF DAYS CONSTITUTING PERIOD EXCEEDING WHICH, IF THE FORCE MAJEURE CONTINUES, EITHER PARTY MAY TERMINATE THE AGREEMENT] days, either party may terminate this Agreement upon written notice to the other party without further liability, except for obligations accrued prior to the Force Majeure Event.
12. APPLICABLE LAW
    1. This Agreement shall be governed by and constructed in accordance with the Laws, rules, orders and regulations of [INSERT COUNTRY OF APPLICABLE LAWS].
    2. The Parties shall resolve all disputes in connection with the validity or interpretation of this Agreement, unless otherwise expressly stated in the Agreement, in the following manner: 
    3. By direct negotiations between the Provider and Client. 
    4. If negotiations between the parties are unsuccessful, the matter shall be referred to the competent court sitting at [INSERT THE COURT WHICH SHALL HAVE EXCLUSIVE JURISDICTION IN CASE OF DISPUTE BETWEEN THE PARTIES] which shall have exclusive jurisdiction in all matters arising there from unless otherwise agreed between the Parties in writing.
13. NOTICES
    1. Any notice, request, demand, consent or other communication required or permitted under this Agreement shall be in writing and sent either via email on the email address as provided by the parties and shall be considered sent when the email is sent to the correct email address of the party or shall be given by personal delivery (including courier) by certified mail (confirmed by mail) addressed to the party for which it is intended at the address below and shall be deemed to be given on the day of delivery or transmission if within during normal business hours, or, if after business hours, on the next following Business Day, or if mailed by registered or certified mail, on the day which is seven (7) Business Days after such notice is mailed during normal postal conditions.  In the event of a postal disruption, any notice mailed will be deemed received on the seventh (7th) Business Day following resumption of regular postal service:
       1. If to the Client: [INSERT EMAIL ID OR/AND ADDRESS OF THE CLIENT]
       2. If to the Provider: [INSERT EMAIL ID OR/AND ADDRESS OF THE SERVICE PROVIDER]
    2. Either party may change its address/email address for notices and other communications upon notice to the other party in the manner aforesaid.
14. DISPUTE RESOLUTION
    1. The Parties shall endeavor to resolve any differences of opinion which may arise between them with respect to the provisions of this Agreement by negotiation between themselves personally or with the assistance of their attorneys and unless in the opinion of any party, acting reasonably, the matter in dispute is of such significant nature to warrant it being addressed otherwise, no party shall commence any public proceedings until the negotiations have failed to produce a resolution. In furtherance of the provisions of this paragraph, all Parties hereby agree to make themselves available on short notice and to negotiate promptly and in good faith, any matter any party may wish to negotiate.
    2. All disputes arising under this agreement shall be governed by and interpreted in accordance with the Arbitration laws of [INSERT COUNTRY/STATE OF ARBITRATION] , without regard to principles of conflict of laws. The parties to this agreement will submit all disputes arising under this Agreement to Arbitration in [INSERT COUNTRY/STATE OF ARBITRATION] before a single arbitrator .The arbitrator shall be selected by mutual agreement of the parties. The venue of Arbitration proceedings shall be [INSERT NAME OF COUNTRY AND CITY WHERE ARBITRATION SHALL BE CONDUCTED] No party to this agreement will challenge the jurisdiction or venue provisions as provided in this section. The decision of the Arbitrator shall be final and binding upon the parties.
15. MISCELLANOUS
    1. Modifications: Except as otherwise provided herein this Agreement shall not be amended or otherwise modified unless the modification or amendment is done in writing, signed and has been mutually agreed by both the parties.
    2. Language: The language of all communications between the parties pursuant to this Agreement, including notices and reports, will be the [INSERT LANGUAGE OF ALL COMMUNICATION].
    3. Severability: If any provision of this Agreement shall, to any extent, be held to be invalid or unenforceable, it shall be deemed to be separate and severable from the remaining provisions of this Agreement, which shall remain in full force and effect and be binding as though the invalid or unenforceable provision had not been included.
    4. Entire agreement: This agreement along with all the Exhibits constitutes the entire understanding and agreement of the parties with respect to its subject matter and supersedes all prior and contemporaneous agreements or understandings, inducements or conditions, express or implied, written or oral, between the parties. This Agreement may be executed in identical duplicate counterparts, each of which shall be deemed an original, and both of which together shall constitute one and the same instrument. 
    5. No Waiver: Any failure or delay of any Party hereto in exercising any right or privilege with respect to this Agreement shall not be construed to be a waiver or to affect the validity of any part of the Agreement and shall not retrain any of the Parties to enforce any of the provisions of the Agreement.
    6. Amendments and Assignments:  Any amendments to this Agreement shall be made, only if, both Parties agree upon such amendment in writing. This Agreement shall not be assigned by either party without the express, written consent of the other party.
    7. Headings: The headings upon the various sections are solely for convenience and reference only and shall not affect the scope, meaning, intent or interpretation of the provisions of this Agreement, nor shall such headings otherwise be given any legal effect.
16. DECLARATION
    1. Each of the parties hereto covenant and agree to execute and deliver such further and other agreements, assurances, undertakings or documents, cause such meetings to be held, resolutions passed and by-laws enacted, exercise their votes and influence and do and perform and cause to be done and performed any further and other acts and things as may be necessary or desirable in order to give full effect to this Agreement.

IN WITNESS WHEREOF, the parties, intending to be legally bound, have each executed this agreement as of the effective date.

Signed, sealed and delivered on behalf of Provider

Name: [INSERT NAME OF THE SERVICE PROVIDER]

Signature:

Date: [INSERT SIGNING DATE OF THE SERVICE PROVIDER]

Signed, sealed and delivered on behalf of Client

Name: [INSERT NAME OF THE CLIENT]

Signature: 

Date: [INSERT SIGNING DATE OF THE CLIENT]