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FOR CRYING OUTLOUD! PTY LTD (ACN 153 351 323) ("For Crying Outloud!") – TERMS AND CONDITIONS FOR SITTERS

These terms and conditions constitute your formal agreement with For Crying Outloud!

The parties agree as follows:
  1. For Crying Outloud! does not directly employ or otherwise engage**Sitters – we are simply an agency who will refer Sitters to potential *Clients. We are not responsible for payment of a Sitter’s fees, nor can we guarantee a set number of referrals. Sitters are self-employed and engaged directly by the Client.
  2. For Crying Outloud! are not responsible for payment of a carer’s Taxation requirements and suggest all babysitters contact the ATO for further information regarding obligations.
  3. For Crying Outloud! is not responsible for any insurance cover over Sitters, but we suggest Sitter consider taking out Public and Products Liability Insurance as an in-home babysitter. 
  4. If a Client cancels a booking within 12 hours of the babysitting session, the Client is required to pay the Sitter a cancellation fee of an amount equivalent to the minimum 3 hour booking.
  5. Sitters registered with, and introduced by For Crying Outloud! are required to be paid at a rate of $20 p/h up until midnight and $22 p/h thereafter. During holiday periods and public holidays, Sitters will be paid at a rate of $22 p/h up until midnight and $27 thereafter. Sitters will be paid a minimum rate of $130 for overnight stays, which rate is negotiable on a per booking basis. All Sitters will be paid for a minimum of 3 hours regardless of session length.
  6. For Crying Outloud! will never give Clients or potential Clients a Sitter’s personal contact details and will maintain strict confidentially in relation to all information about the Sitter that is disclosed to For Crying Outloud!.
  7. Sitters agree to keep details of all Clients of For Crying Outloud! confidential. Sitters also agree not to provide their personal contact details to Clients of For Crying Outloud! or to arrange any bookings with Clients otherwise than through For Crying Outloud! without the express written consent of For Crying Outloud!. If you, as a Sitter, breach this provision you recognise that you will be liable for and must recompense For Crying Outloud! all loss (direct, indirect and consequential) suffered by For Crying Outloud! as a result of the breach.
  8. For Crying Outloud! accepts no responsibility or liability for any damage, injury expense or loss (direct or indirect including consequential loss) suffered by a Sitter or a Client caused by or in connection with any Sitters referred to the Client by For Crying Outloud!. Further, each Sitter indemnifies For Crying Outloud! in relation to any loss or expense (including legal costs) for any action brought by a Client against For Crying Outloud! in connection with that Sitter's or the conduct of the Sitter.
  9. Applicants are given 1 month from the date of their interview to return their Working With Children Check (blue card) (Sitters must apply for one under the Working with Children Act 2005 (Vic)) and to register to update or obtain a first aid certificate.
  10. For Crying Outloud! may chose to register Sitters with For Crying Outloud! or de-register Sitters as it sees fit from time to time and in its absolute discretion. 
  11. The Sitter will not remove a child from the residence and/or accommodation unless there is express written consent by the Client authorising the Sitter to allow the child to be driven by the Sitter or to participate in outdoor activities.
  12. The Sitter acknowledges that For Crying Outloud! is not responsible for any of the following:
    1. WorkCover insurance for Sitters (if applicable).
    2. Superannuation contributions (if applicable). 
    3. Paid and unpaid leave (if applicable).
    Sitters should seek their own legal advice in relation to these matters, particularly in relation to Nannies. See www.fairwork.gov.au, www.ato.gov.au and www.workcover.vic.gov.au for more information. The Sitter indemnifies For Crying Outloud! in relation to any claims made the Sitters against For Crying Outloud! in respect of any of the obligations set out in this clause.
  13. Each Sitter acknowledges that it has received these terms and conditions and agrees to be bound by them. In the absence of any express written consent, by accepting a referral from a Client, the Sitter is deemed to have accepted these terms and conditions by conduct. After the initial referral, if there are further referrals entered into between the parties, the parties acknowledge that these terms and conditions will govern all such further referrals.
  14. For Crying Outloud! may amend or vary these terms and conditions at any time without notice to the Sitter.
*The term "Client” or "Clients" refers to the parent/s, guardians or any other person/s that are using For Crying Out Loud to book a Sitter.
**The term "Sitter” refers to babysitters/carers/nannies who are using For Crying Out Loud to be referred Clients.
*** The term "Nanny/Nannies" refers to carers who are engaged by Clients on a permanent or semi-permanent basis.