Legal Disclaimer
Credit
This document was created using a Contractology template available at http://www.contractology.com.
Limitations of liability for Parents
Sitter Secured and Elle Wisnicki will not be liable to you (whether under the law of contract, the law of torts or otherwise) in relation to the babysitting services provided by referred babysitters connected to this website or Elle Wisnicki whether through this website or directly through Elle Wisnicki / Sitter Secured. These limitations apply any time you, your family, or anyone you are connected with are/is in contact with any sitter referred through Elle Wisnicki / Sitter Secured
- For injury or death of any kind – physical, mental, or otherwise
- Financial loss of any kind
These limitations of liability apply even if Sitter Secured / Elle Wisnicki has been expressly advised on the potential loss.
As a customer you hereby release Sitter Secured / Elle Wisnicki and its agents, employees, officers, directors, affiliates, successors, members, and assigns, of and from any and all claims, demands, debts, contracts, expenses, causes of action, lawsuits, damages and liabilities, of every kind and nature, whether known or unknown, in law or equity, that I ever had or may have, arising from or in any way related to the services (“Services”) being provided to me by Company provided that this waiver of liability does not apply to any acts of gross negligence, or intentional, willful or wanton misconduct.
Limitations of liability for Sitters
Sitter Secured and Elle Wisnicki will not be liable to you (whether under the law of contract, the law of torts or otherwise) in relation to the babysitting services you provide to the parents and children connected to you through Sitter Secured / Elle Wisnicki. These limitations apply any time you are in contact with parents or children connected through Elle Wisnicki / Sitter Secured
- For injury or death of any kind – physical, mental, or otherwise
- Financial loss of any kind
These limitations of liability apply even if Sitter Secured / Elle Wisnicki has been expressly advised on the potential loss.
No warranties
This website is provided “as is” without any representations or warranties, express or implied. Sitter Secured / Elle Wisnicki makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, Sitter Secured / Elle Wisnicki does not warrant that:
- This website or any services connected to Elle Wisnicki will be constantly available, or available at all; or
- the information on this website is complete, true, accurate or non-misleading.
Nothing on this website constitutes, or is meant to constitute, advice of any kind. [If you require advice in relation to any [legal, financial or medical] matter you should consult an appropriate professional.]
Exceptions
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this disclaimer will exclude or limit Sitter Secured / Elle Wisnicki’s liability in respect of any:
- death or personal injury caused by Sitter Secured / Elle Wisnicki’s negligence;
- fraud or fraudulent misrepresentation on the part of Sitter Secured / Elle Wisnicki; or
- matter which it would be illegal or unlawful for Sitter Secured / Elle Wisnicki to exclude or limit, or to attempt or purport to exclude or limit, its liability.
Reasonableness
Through working with Sitter Secured / Elle Wisnicki and referred sitters, you agree that the exclusions and limitations of liability set out in this disclaimer are reasonable.
If you do not think they are reasonable, you must not use this website or the services offered through this website.
Other parties
[You accept that, as a limited liability entity, Sitter Secured / Elle Wisnicki has an interest in limiting the personal liability of its network including each sitter (whether the sitter is featured on the site or not). You agree that you will not bring any claim personally against Sitter Secured / Elle Wisnicki or the direct sitters or temporary sitters in respect of any losses you suffer in connection with the services provided.]
[Without prejudice to the foregoing paragraph,] you agree that the limitations of warranties and liability set out in this website disclaimer will protect Sitter Secured / Elle Wisnicki’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Sitter Secured / Elle Wisnicki.
Unenforceable provisions
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
Summary Statement
By this Waiver, I assume any risk, and take full responsibility and waive any claims of personal injury, death or damage to personal property associated with such Services, including but not limited to temporary or permanent damage to my hair, unsatisfactory results from said Service being provided to me, and personal property damage.
The provision of this Waiver and Release will continue in full force and effect even after termination of the Services being provided to me, whether by agreement, by operation of law, or otherwise.
I have read, understand and fully agree to the terms of this Waiver and Release. I understand and confirm that by to this Waiver and Release, I have given up considerable future legal rights. I have signed this Agreement freely, voluntarily, under no duress or threat of duress, without inducement, promise or guarantee being communicated to me. My signature is proof of my intention to execute a complete and unconditional Waiver and Release of all liability to the full extent of the law.