RELEASE AND WAIVER. I, the registerer, do hereby forever release, waive, discharge, and covenant not to sue PlatinumSitters, Inc. and its past, current, and future officers, directors, employees, members, volunteers, contractors, representatives, parents, owners, affiliates, agents, successors, and assigns PlatinumSitters, Inc. from any and all damages, injuries, losses, liability, claims, causes of action, litigation, or demands, including but not limited to those for personal injury, sickness, or death, as well as property damages and expenses, of any nature whatsoever which may be incurred, directly or indirectly, now or in the future, in any way related to COVID-19 and in connection with my participation in the Services or any travel related thereto. I promise not to sue PlatinumSitters, Inc. for any of the foregoing.
ASSUMPTION OF RISKS. I understand that while PlatinumSitters, Inc. has undertaken reasonable steps to lessen the risk of transmission of COVID-19, PlatinumSitters, Inc. is not responsible in any manner for any risks related to COVID-19. I understand that the World Health Organization has classified the COVID-19 outbreak as a pandemic. I further understand that COVID-19 is a highly contagious and dangerous disease, and that contact with the virus that causes COVID-19 may result in significant personal injury or death. I am fully aware that participation at PlatinumSitters carries with it certain inherent risks related to COVID- 19 transmission (“Inherent Risks”) that cannot be eliminated regardless of the care taken to avoid such risks. Inherent Risks may include, but are not limited to, (1) the risk of coming into close contact with individuals or objects that may be carrying COVID-19; (2) the risk of transmitting or contracting COVID-19, directly or indirectly, to or from other individuals; and (3) injuries and complications ranging in severity from minor to catastrophic, including death, resulting directly or indirectly from COVID-19 or the treatment thereof. Further, I understand that the risks of COVID-19 are not fully understood, and that contact with, or transmission of, COVID-19 may result in risks including but not limited to loss, personal injury, sickness, death, damage, and expense, the exact nature of which are not currently ascertainable, and all of which are to be considered Inherent Risks. I hereby voluntarily accept and assume all risk of loss, personal injury, sickness, death, damage, and expense arising from such Inherent Risks.
This COVID-19 Assumption of Risk, Release, and Waiver of Liability Agreement (“Agreement”) shall be binding on my heirs, executors, administrators, successors, and assigns. I expressly agree that this Agreement is intended to be as broad and inclusive as is permitted by applicable laws, and that if any portion of this Agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect. This Agreement contains the entire understanding of the parties relating to the subject matter, and shall not be altered, modified, amended, waived or supplemented in any manner whatsoever except by a written agreement signed by both parties hereto or their duly authorized representatives. This Agreement may be executed, made and delivered electronically.
To the maximum extent permitted by applicable law, I (a) covenant and agree not to elect a trial by jury with respect to any issue arising out of this Agreement that is triable of right by a jury, and (b) waive any right to trial by jury with respect to such issue to the extent that any such right exists now or in the future. This waiver of right to trial by jury is given knowingly and voluntarily.
By Signing up as a sitter and/or parent, I am complying and understand this Agreement and enter into it voluntarily in consideration of the opportunity to hire sitters with PlatinumSitters. I acknowledge I am giving up legal rights and/or remedies which may be available to me.
This agreement ("Agreement") between PlatinumSitters, INC.), 4242 Six Forks Road, Suite 1550, Raleigh, NC 27609 and anyone who procures services through PlatinumSitters, INC. North Carolina, is bound to all of the terms and conditions set forth in this agreement.
PlatinumSitters, INC. provides background checks on all potential Sitters through GoodHire.com. GoodHire is 100% FCRA compliant, providing SSN trace, address history, National Criminal Database search, and sex offender list check. All potential Sitters are interviewed by an employee of PlatinumSitters, INC. and screened subjectively. Although we do our best to hire the best sitter for our clients, we do not warrant the quality of services provided by each particular sitter.
At your request, we will make available to you the opportunity to request an appointment for the services of a Sitter. Appointments will be processed and confirmed in accordance with the instructions set forth at HOW IT WORKS. In consideration of our services, we will charge you applicable fees in accordance with our PRICING & RATES, which you represent you have read and understand.
Sitters are NOT our employees. We are a referral agency with independent contractors. You are solely responsible for determining and agreeing with a Sitter the exact nature of the services to be provide and the manner in which such services will be carried out. You are responsible for the payment of the fee set forth by PRICING & RATES prior to the conclusion of a Sitter's services. You are responsible for complying with all applicable laws, and you will indemnify and hold us, our owners and employees from and agains any claims against us arising out of or relating to your failure to comply with such laws.
We are not responsible or liable in any manner whatsoever for the acts or omissions of any Sitter 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 SITTERS AND HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. You will indemnify and hold us, our owners and employees from and against any claims by you or any third party arising out of or relating to the acts or omissions of any Sitter.
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 Sitter. 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.
A) NON-SOLICITATION OF CARE PROVIDERS, B) NOTIFICATION REQUIREMENT C) THEFT OF SERVICES D) THIRD PARTY REFERRAL
A) At no time may you directly contact and offer employment to Care Providers that are registered with PlatinumSitters INC. You should contact Care Providers through PlatinumSItters INC only and may only offer additional work requests for Care Providers through PlatinumSitters INC. You agree to notify the PlatinumSItters Inc promptly of each contact with Care Providers, including any job offers – on-call, temporary, part-time or full-time, and the acceptance of a position. Under no condition will you employ Care Provider unless authorized to do so by the PlatinumSitters.
B) You may only offer additional work assignments for Care Providers through PlatinumSitters INC. You agree to accurately report the number of hours the Care Provider is hired to work. You also agrees to notify PlatinumSitters INC when offering any referred Care Providers employment in any capacity within 5 (five) years of the referral, and pay the agency placement fee.
C) Violation of this provision shall constitute a Theft of Services and result in a $5000 charge to the Client in liquidated damages. THE PARTIES AGREE THAT THE DAMAGES SET FORTH IN THIS SECTION ARE LIQUIDATED DAMAGES AND NOT PENALTIES AND THAT THEY ARE REASONABLE IN LIGHT OF THE HARM THAT WILL BE CAUSED BY ANY CLAIM, THE DIFFICULTIES OF PROOF OF LOSS, AND THE INCONVENIENCE AND INFEASIBILITY OF OTHERWISE OBTAINING AN ADEQUATE REMEDY.
You expressly agree that by entering into this agreement, you are waiving your right to trial by Jury for any claim arising under or relating to this agreement. All disputes arising under or relating to this agreement will be settled by binding arbitration in Raleigh, NC before a single arbitrator under the auspices of the American Arbitration Association in accordance with its-then-current rules for commercial arbitration.
PlatinumSitters, INC. may amend this agreement at any time upon notice posted to our website which constitutes your acceptance thereof.
I HEREBY REPRESENT THAT I HAVE READ AND UNDERSTOOD THIS AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS.