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Homesitting Terms and Conditions
Background
A Homesit is in the business of introducing home sitters to homeowners.
B The home owners obtain the benefit of having someone live in and look after their property and pets whilst they are away.
C The home sitter obtains the benefit of free accommodation during the period the home sitter resides in the house (“the home sit period”).
D Homesit charges a fee to the home owner for arranging the home sit.
TERMS & CONDITIONS
1. Homesit will introduce a home sitter to the Home owner for a fee. That fee is based on the home sit period and the pets to care for.
2. Neither the Home owner nor the home sitter introduced by Homesit are obliged to accept the proposed home sit arrangement. If either the Home owner or the home sitter introduced by Homesit reject the proposed arrangement then Homesit will use its best endeavours to introduce an alternative home sitter.
3. Homesit’s sitters have undertaken to Homesit that if a proposed home sit arrangement is accepted by both the home owner and the sitter, then the sitter will:
a. reside in the relevant home for the period of time that has been arranged by Homesit.
b. comply with the home owners’ reasonable instructions in relation to the care of the home and pets.
c. immediately advise Homesit and the relevant home owner if for any reason the sitter becomes unable to take care of a home or the relevant pets, is unable to comply with the home owners’ reasonable instructions, the relevant home is damaged, or the pet/s are injured or become ill.
4. Homesit takes steps to prevent unsuitable people from being included in its pool of home sitters. Notwithstanding this, however, Homesit is only introducing the home sitter to the Home owner and cannot guarantee the actions or omissions of the home sitters. Accordingly any liability of Homesit (whether pursuant to this agreement or any other agreement or arrangement between Homesit and the Home owner) for the actions, omissions or breaches of the home sitter is specifically excluded and Homesit will not be liable for any direct or indirect losses or damage which may be caused by the home sitter.
5. The home owner will not seek to employ, retain or use (either directly or indirectly) any home sitter introduced by Homesit to carry out a further home sit for a period of 2 years after the date of the initial home sit agreed to, except via Homesit.
6. The sitter will take reasonable care of the homes, and the pets in those homes, that Homesit arranges for the sitter to home sit at.
7. The sitter is not obliged to take on any home sit that Homesit arranges. If the sitter agrees to take on a home sit, however, the sitter will reside in the relevant home for the home sit period.
8. The sitter will comply with the home owners’ reasonable instructions in relation to the care of the relevant homes and pets.
9. If for any reason the sitter becomes unable to take care of a home or the relevant pets, is unable to comply with the home owners’ reasonable instructions, the relevant home is damaged or the pet/s are injured or become ill, then the sitter will immediately advise Homesit and the relevant home owner.
10. The sitter indemnifies Homesit against any claims which may be made by the owner of the homes that the sitter home sits pursuant to an arrangement made via Homesit.
11. The sitter will not:
12. Charge or seek to charge any amount to the owners of the relevant homes (whether directly or indirectly, and whether for goods or services or any other benefit provided by the sitter to the home owner) during the home sit period; and
(a) For a period of 2 years from the date of being engaged in a Sit, be employed or retained directly or indirectly by any home owner (being a home owner that Homesit has introduced the sitter to, or which Homesit has arranged the sitter to carry out a homesit for) to carry out a home sit for the home owner otherwise than through Homesit’s business; and
(b) Otherwise be engaged in or take part in the business of home sitting within 200 metres of any home that the sitter has carried out a house sitting arranged by Homesit (otherwise than the home sitting business operated by Homesit).
13. If the sitter breaches the above clause 12 then the sitter will pay Homesit (by way of liquidated damages):
(a) the amount that the sitter has charged the owner/s of the relevant homes, or the amount that Homesit would have charged the owner/s of the relevant homes, whichever is the greater; and
(b) Homesit’s legal and enforcement costs and disbursements, calculated on a solicitor-client basis, of enforcing Homesit’s rights under clause 12.
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