TERMS AND CONDITIONS
By browsing the Website and/or using our On-Call Babysitting services, the Client (known as “Parent/s and/or “Family”) confirms that they have carefully read and understand these Terms and Conditions; and that they consent to, and agree to, be bound by, the Terms and Conditions. Rainbow Sitters by Rainbow Nannies reserves the right to make any amendments to the Terms and Conditions at any time; and for any reason. If the Client does not agree to these Terms and Conditions; or any future amendments, their sole recourse is to immediately cease use of our On-Call Babysitting services and/or the Website
Rainbow Sitters by Rainbow Nannies will assist the Client in recruiting, screening, vetting, and presenting On-Call Babysitters for the Client’s review. The client will make all hiring decisions solely. While Rainbow Sitters by Rainbow Nannies employs its best efforts on the Client’s behalf, there is no guarantee of the credentials or performance of the individual On-Call Babysitter. The client will assume all liability associated with the hiring decision.
The On-Call Babysitter will be hired and employed by the Client; and not by Rainbow Sitters by Rainbow Nannies. The client is responsible for all employment matters, including but not limited, to the assignment of job duties, working days and hours, salary, fringe benefits, supervision, household rules; and management.
MEMBERSHIP
To use our On-Call Babysitting services; and book an On-Call Babysitter, the Client must sign up for a membership using the Website.
● $79 registration fee
● $49.99 monthly for unlimited bookings
All monthly; and annual membership fees, are due at the beginning of the applicable membership billing period; and are non-refundable. All monthly; and annual membership fees, will automatically renew at the start of the next membership billing period, unless the Client cancels the membership before the end of the membership period.
Rainbow Sitters by Rainbow Nannies reserves the right to update our prices from time to time; and the Client acknowledges, and agrees, that the Website being updated to reflect changes to membership pricing is adequate notice of such price changes.
The Client may not book an On-Call Babysitter; or otherwise use our On-Call Babysitting services, unless they have a monthly membership in good standing.
RECURRING BILLING AND PAYMENT AUTHORIZATION
Rainbow Sitters by Rainbow Nannies facilitates the processing of electronic payments on the Website; and uses a third-party payment platform, such as Stripe (in each case, the “Payment Provider”), to process credit and debit card transactions on the Website. By using any such Payment Provider, the Client acknowledges, and agrees, to be bound by, such Payment Provider’s applicable terms of service.
LIMITATION OF LIABILITY
The Client acknowledges, and agrees, that all payments; and monetary transactions are handled by the Payment Provider. Rainbow Sitters by Rainbow Nannies is not liable for any disputes; or issues that may arise in connection with financial; and monetary transactions between the Client and the Payment Provider. Rainbow Sitters by Rainbow Nannies is not liable for any loss; or damage, from errant or invalid transactions processed by the Payment Provider. The Client must not process stolen credit cards, or unauthorized credit cards, through the Payment Provider.
MEMBERSHIP CANCELLATION
The Client may cancel their monthly or annual membership at any time; and will continue to have access to the On-Call Babysitting services through the end of their membership billing period. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL MEMBERSHIP PERIODS; OR UNUSED SERVICES; NOR DO WE RETURN PAYMENT. The Client may cancel their monthly or annual membership by sending an email to info@rainbowsitters.com The Client acknowledges, and agrees, that the account will be closed at the end of their current membership billing period.
BOOKING AN ON-CALL BABYSITTER
The Client acknowledges, and agrees, that Rainbow Sitters by Rainbow Nannies categorized On-Call Babysitters as follows:
● Rookie: A Rookie On-Call Babysitter has at least two (2) years of child-care experience; and excellent references [client reviews]. Rainbow Sitters by Rainbow Nannies believes $20 per hour is a fair compensation.
● Pro: A Pro On-Call Babysitter has at least five (5) years of child-care experience; and excellent references [client reviews]. Rainbow Sitters by Rainbow Nannies believes $25 per hour is a fair compensation.
● Elite: An Elite On-Call Babysitter is a Career Nanny registered with Rainbow Nannies, has at least eight (8) years of child-care experience, is infant trained; and has excellent references [client reviews]. Rainbow Sitters by Rainbow Nannies believes $30 per hour is a fair compensation.
SCREENING AND VETTING
All On-Call Babysitters available for bookings on our Website have been fully screened and vetted by Rainbow Sitters by Rainbow Nannies. Before we list an On-Call Babysitter for booking on our Website, we require that they provide evidence that they:
● are at least eighteen (18) years of age;
● provide a valid, government-issued photo identification for review by Rainbow Sitters by Rainbow Nannies;
● complete a satisfactory face-to-face interview with a representative of Rainbow Sitters by Rainbow Nannies;
● provide at least three (3) excellent references [client reviews];
● have a clean background check; and are TrustLine registered (or start the process to become TrusLine registered);
● have a valid CPR and First Aid certification;
● are legally authorized to work in the USA.
Rainbow Sitters by Rainbow Nannies makes no representations about the truth, accuracy; or completeness of any information provided to us by an On-Call Babysitter. Rainbow Sitters by Rainbow Nannies assumes no liability in the event that an On-Call Babysitter has provided information during the pre-screening that is not true, complete; and accurate.
ON-CALL BABYSITTER BOOKING RATES
Rainbow Sitters by Rainbow Nannies requires a minimum of three (3) hours per booking.
The Client acknowledges, and agrees, to pay all applicable rates listed below directly to the On-Call Babysitter. On-Call Babysitters accepting as payment, Zelle, Venmo, Cash or Payroll. The client has a tax responsibility if an individual On-Call Babysitter earns more than $750 quarterly; or more than $2600 annually.
The hourly rate listed on the profile for the On-Call Babysitter is for one child only.
● An additional $1 per hour is charged for each additional child who is a sibling. ● An additional $2 per hour is charged for each additional child from a different family (including cousins or friends).
● An additional $3 per hour is charged for each hour that the On-Call Babysitter will work between 12:00 AM and 6:00 AM.
● An additional $3 per hour is charged for each hour the On-Call Babysitter will work on a major holiday (New Year’s Day, Memorial Day, 4th of July, Labor Day, Thanksgiving Day; and Christmas Day).
● Per California Labor Law, the hourly rate of the On-Call Babysitter is multiplied by one and one-half (1.5) after nine (9) consecutive hours of Babysitting.
We reserve the right to update the On-Call Babysitter Booking Rates from time to time.
RESTRICTIONS
The Client acknowledges, and agrees, as follows:
● Each booking is based on the On-Call Babysitter’s interest and availability. Rainbow Sitters by Rainbow Nannies does not guarantee that the same On-Call Babysitter will always be available.
● On-Call Babysitters are entitled to cancel bookings. Rainbow Sitters by Rainbow Nannies makes no representations; or guarantees, about their availability. ● Rainbow Sitters by Rainbow Nannies does not guarantee to find a replacement if an On-Call Babysitter cancels a booking.
● On-Call Babysitters can be booked for childcare services only.
● On-Call Babysitters are not permitted to drive the children anywhere.
● On-Call Babysitters are not permitted to administer medication to children, unless it is an emergency medication, like an EPIpen.
● If, and when, the Client wishes that the On-Call Babysitter takes the children outside of their residence, hotel or AirBNB, like swimming pool, park/playground, amusement park, or any other activity, an activity-release form must be signed by both parties at the commencement of the appointment.
CANCELLATION POLICY
Confirmed booking cancellations shall incur a cancellation fee charged as follows:
● $50.00 when canceled less than 24 hours before commencement
● $75.00 when canceled less than 12 hours before commencement
● $100.00 when canceled less than 4 hours before commencement
Cancellation fees are charged to the credit card on file; and must be paid before any additional booking for another On-Call Babysitter can be made.
PERSONAL EXPENSES OF THE ON-CALL BABYSITTER
The On-Call Babysitter is not obligated to incur any personal expenses during a booking. To the extent that the Client wishes the On-Call Babysitter to incur any expenses during a booking (such as a meal, entrance to an amusement park, etc.), the necessary cash should be provided at the start of the commencement.
CONTACTING THE ON-CALL BABYSITTER
The Client acknowledges, and agrees, to only contact the On-Call Babysitter through our platform for any booking. If Rainbow Sitters by Rainbow Nannies has determined that the Client has contacted the On-Call Babysitter privately for the purpose of a booking, Rainbow Sitters by Rainbow Nannies has the right to charge the amount of $1000 to the credit card on file; and the monthly membership will be suspended immediately. The Client acknowledges, and agrees, that this represents a reasonable estimate of the actual damages Rainbow Sitters by Rainbow Nannies may suffer as a result of a breach of these Terms and Conditions.
EMPLOYMENT
The Services provided by Rainbow Sitters by Rainbow Nannies are intended to provide on-call babysitting services only. All bookings of two weeks or longer must be booked as a temporary Nanny through Rainbow Nannies.
The client agrees to comply with all state and federal labor laws for household employer/household employees.
Rainbow Sitters by Rainbow Nannies is not, and will not, be a party to any agreement between Client and any On-Call Babysitter under this agreement.
NOTICE OF NON-DISCRIMINATION
To the extent applicable, the Client hereto acknowledges, and agrees, that they shall not unlawfully discriminate against any person concerning to the provision of services and any activities hereunder, including any unlawful discrimination based on a person’s protected status, whether that protection be based on a person’s race, color, religion, military status, national origin, disability, age, ancestry, gender, sexual orientation, and gender identity or expression, depending on the jurisdiction in which the activity hereunder is being conducted.
HOLD HARMLESS; INDEMNIFICATION
Rainbow Sitters by Rainbow Nannies is in no way to be construed as the employer of any On-Call Babysitter. Client, for himself or herself, his or her spouse, his or her child(ren), heirs, executors, administrators; and personal representatives (“Releasors”), hereby:
(a) fully and forever releases and discharges Rainbow Sitters by Rainbow Nannies, its officers, directors, owners, shareholders, employees; or agents, from any and all claims, demands, damages, rights of action, or causes of action, present or future, whether the same be known, anticipated or unanticipated, made by the Client, Releasors or third parties and resulting from or arising out of a referred or placed On-Call Babysitter’s negligent, willful, wanton, reckless, criminal or other acts, omissions or conduct; and
(b) indemnifies and holds harmless Rainbow Sitters by Rainbow Nannies, its officers, directors, owners, shareholders, employees or agents, from any and all claims, demands, damages, rights of action, or causes of action, present or future, whether the same be known, anticipated or unanticipated, made by Client, Releasors or third parties and resulting from or arising out of any acts, omissions or conduct of the Client, Releasors or third parties of whatever kind or nature whatsoever; and
(c) agrees to defend and to pay any costs or attorney’s fees as a result of any action brought by or against Rainbow Sitters by Rainbow Nannies, its officers, directors, owners, shareholders, employees or agents, resulting from or arising out of any acts, omissions or conduct of Releasors; and;
(d) agrees that it is the intent of the Client, on behalf of Releasors, that this release and indemnity agreement be in full force and effect at any time after the execution of this agreement.
Client agrees that in no event will Rainbow Sitter by Rainbow Nannies be liable or otherwise responsible for any negligent, willful, wanton, reckless, criminal or other action performed by an On-Call Babysitter placed under this agreement. Under no circumstances will Client have the right to make, nor shall this agreement create or give rise to, any direct claims of any kind against the Rainbow Sitters by Rainbow Nannies, its officers, directors, owners, shareholders, employees or agents related to the performance, acts or omissions of an On-Call Babysitter, or related to errors and omissions into any investigation, recruitment, screening, vetting and presentation of an On-Call Babysitter.
(e) Rainbow Sitters by Rainbow Nannies is strictly a referral service for the Client’s convenience and the Client is solely responsible for the selection of the candidate.
ENTIRE AGREEMENT
These Terms and Conditions; and any other agreements incorporated by reference herein constitute the entire and exclusive agreement between Rainbow Sitters by Rainbow Nannies; and the Client in connection with the use of the Services and/or the Website.
Rainbow Sitters by Rainbow Nannies reserves all rights about all and any intellectual property on the Website; or in the contents thereof, including copyrights and trademarks under common law or otherwise.
CURRENCY
All references to “Dollars” and “$” in these Terms and Conditions will be references to the lawful currency in the USA.
LAST UPDATED: December 2024