terms & Conditions
the Boring but Important stuff
CHILD & ADULT CARE CONTRACT
(you, the "Client")
CHILD CARE PROVIDER
Creating Geniuses
(the "Care Provider")
BACKGROUND
A. The Client is of the opinion that the Care Provider has the necessary qualifications, experience, and abilities to provide services to the Client.
B. The Care Provider is agreeable to providing such services to the Client on the terms and conditions set out in this Contract.
IN CONSIDERATION OF the matters described above and of the mutual benefits and obligations set forth in this Contract, the receipt and sufficiency of which consideration is hereby acknowledged, the Client and the Care Provider (individually the "Party" and collectively the "Parties" to this Contract) agree as follows:
SERVICES PROVIDED
1. The Client hereby agrees to engage the Care Provider to provide the Client with the following services
(the "Services"): Supervision of Children & Adults with & without Special Needs.
2.The Services will also include any other tasks which the Parties may agree on. The Care Provider hereby agrees to provide such Services to the Client.
TERM OF CONTRACT
3. This Contract is for occasional care at times and on dates to be established between the
parties. The term of this Contract will begin on the date the Services are first required and will
remain in full force and effect until the completion of those Services.
4. Each further request for care agreed between the Parties will be treated as a renewal of the
term.
PERFORMANCE
4. The Parties agree to do everything necessary to ensure that the terms of this Contract take
effect.
AUTHORIZATION TO TREAT A MINOR
5. The Child Care Provider will be furnished with the necessary documentation so that they may
sanction medical care for the child/children in the event of an emergency and the parent(s)
cannot be reached.
DUTY OF CARE
6. The Care provider under the provisions of this Agreement, accepts a general duty of care
wherever reasonable and necessary.
LIMITATION OF LIABILITY
7. It is understood and agreed that the Child Care Provider will have no liability to the Customer or any other party for any loss or damage (whether direct, indirect, or consequential) which may arise from the provision of the Services.
CURRENCY
8. Except as otherwise provided in this Contract, all monetary amounts referred to in this Contract are in CAD (Canadian Dollars).
COMPENSATION
9. The Care Provider will charge the Client a rate, to which both parties will agree upon in writing for the Care Services (the "Compensation").
10. The Client will be invoiced when the Services are arranged.
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11. Invoices submitted by the Care Provider to the Client are due upon receipt, unless alternate arrangements are agreed to in writing.
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12. In the event that this Contract is terminated by the Client prior to completion of the Services but where the Services have been partially performed, the Child Care Provider will be entitled to pro rata payment of the Compensation to the date of termination provided that there has been no breach of contract on the part of the Care Provider.
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12.1. A non-refundable registration fee of $50 is due upon registration for summer camp. This fee will be applied to the overall camp fee. However, if the child does not attend or if cancellation notice is not provided prior to June 30th of the current year, the $50 registration fee will not be refunded. Cancellations made after June 30th will result in the forfeiture of the registration fee.
13. The Compensation as stated in this Contract does not include sales tax, or other applicable duties as may be required by law. Any sales tax and duties required by law will be charged to the Client in addition to the Compensation.
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14. The Care Provider will not be reimbursed for any expenses incurred in connection with providing the Services of this Contract.
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​INTEREST ON LATE PAYMENTS
15. Interest payable on any overdue amounts under this Contract is charged at a rate of 10.00% per annum or at the maximum rate enforceable under applicable legislation, whichever is lower.
CONFIDENTIALITY
16. Confidential information (the "Confidential Information") refers to any data or information relating to the business of the Client which would reasonably be considered to be proprietary to the Client including, but not limited to, accounting records, business processes, and client records and that is not generally known in the industry of the Client and where the release of that Confidential Information could reasonably be expected to cause harm to the Client.
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17. The Parties each agree that they will not disclose, divulge, reveal, report or use, for any purpose, any Confidential Information belonging to the other Party which they have obtained through the operation of the Contract, except as authorized by that Party or as required by law. The obligations of confidentiality will apply during the term of this Contract and will survive indefinitely upon termination of this Contract.
RETURN OF PROPERTY
19. Upon the expiry or termination of this Contract, the Care Provider will return to the Client any property, documentation, records, or Confidential Information which is the property of the Client.
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CAPACITY/INDEPENDENT CONTRACTOR
20. In providing the Services under this Contract it is expressly agreed that the Care Provider is acting as an independent contractor and not as an employee. The Care Provider and the Client acknowledge that this Contract does not create a partnership or joint venture between them, and is exclusively a contract for service.
NO EXCLUSIVITY
21. The Parties acknowledge that this Contract is non-exclusive and that either Party will be free, during and after the Term, to engage or contract with third parties for the provision of services similar to the Services.
NOTICE
22. All notices, requests, demands or other communications required or permitted by the terms of
this Contract will be given in writing and delivered to the Parties at the following email addresses:
or to such other address as either Party may from time to time notify the other.
INDEMNIFICATION
23. Except to the extent paid in settlement from any applicable insurance policies, and to the extent permitted by applicable law, each Party agrees to indemnify and hold harmless the other Party, and its respective directors, shareholders, affiliates, officers, agents, employees, and permitted successors and assigns against any and all claims, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable legal fees and costs of any kind or amount whatsoever, which result from or arise out of any act or omission of the indemnifying party, its respective directors, shareholders, affiliates, officers, agents, employees, and permitted successors and assigns that occurs in connection with this Contract. This indemnification will survive the termination of this Contract.
MODIFICATION OF CONTRACT
24.Any amendment or modification of this Contract or additional obligation assumed by either Party in connection with this Contract will only be binding if evidenced in writing between the Client and the Care Provider.
TIME OF THE ESSENCE
25.Time is of the essence in this Contract. No extension or variation of this Contract will operate as a waiver of this provision.
ENTIRE AGREEMENT
26. It is agreed that there is no representation, warranty, collateral agreement or condition affecting this Contract except as expressly provided in this Contract.
ENUREMENT
27. This Contract will enure to the benefit of and be binding on the Parties and their respective heirs, executors, administrators and permitted successors and assigns.
TITLES/HEADINGS
28. Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Contract.
GOVERNING LAW
29. This Contract will be governed by and construed in accordance with the laws of the Province of New Brunswick.
SEVERABILITY
30. In the event that any of the provisions of this Contract are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Contract.
WAIVER
31. The waiver by either Party of a breach, default, delay or omission of any of the provisions of this Contract by the other Party will not be construed as a waiver of any subsequent breach of the same or other provisions.
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