BY AGREEING TO THE TERMS AND CONDITIONS, YOU WILL WAIVE OR GIVE UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION FOLLOWING AN ACCIDENT ON YOUR BEHALF AND ON BEHALF OF YOUR CHILD/CHILDREN.

In good and valuable consideration as it is my desire to hire the services of Baja Babysitting Los Cabos, Mexico for the care of the child(ren) (the “Minor”) during the time period specified in Exhibit “A” attached hereto (the “Work Period”), I hereby represent, warrant and agree that:

1. I am the custodial parent or legal guardian of the Minor or have obtained parental authorization to act on their behalf with respect to the Minor for this purpose.

2. I am familiar with and accept that there is the risk of serious injury, damages of property, permanent disability, and possible death based on the day to day activities that may take place during the Work Period. I freely and voluntarily assume and accept all said terms and all the risks associated with the day to day activities that may be engaged by the Minor during Work Period.

3. That the care of the Minor by Baja Babysitting Los Cabos Mexico, shall take place in the hotel or residence premises in which the custodial parent or legal guardian lives or is vacationing (the “Premises”). That I have inspected the Premises, I am familiar with any possible risks or dangers for the Minor and therefore I have personally instructed the Minor of said dangers or risks that may occur within the Premises during the Work Period.

4. That I irrevocably agree to release and hold harmless Baja Babysitting Los Cabos, Mexico, its owners, employees, associates, directors, agents, representatives from any and all claims, demands, suits, costs and charges in connection with or arising out of the child care service, including but not limited to, bodily harm or injury to the Minor except only for loss, harms or injury caused by gross negligence or intentional misconduct by Baja Babysitting Los Cabos, Mexico.

5. I hereby grant permission for Baja Babysitting and its associates or employees full authority to take whatever actions they deem necessary regarding the Minor´s health and safety in the event I cannot be reached or in the situation in which time is of the essence; and fully release Baja Babysitting Los Cabos, Mexico and its associates or employees from any liability in connection with those decisions.

6. That I grant permission for emergency treatment on the Minor by Baja Babysitting Los Cabos, Mexico or by a medical expert when deemed necessary and that all expenses arising or related to said emergency shall be exclusively paid by me.

7. I have reviewed and agree to comply with Baja Babysitting General Terms and Conditions described in Exhibit “A” attached hereto and any instructions given by Baja Babysitting, Los Cabos, Mexico staff.

8. This Agreement is the entire agreement between the parties and may be modified only by a written instrument signed by both parties or their successors or assigns. This Agreement is binding on me, the Minor and our heirs, next of kin, executors, administrators, successors, assigns and personal representatives of Baja Babysitting Los Cabos, Mexico. If any provision of this Agreement is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision and everything else in this Agreement shall continue in full force and effect. This Agreement and all related matters will be governed by and construed in accordance with the laws of the state of Baja California Sur, Mexico and the courts of San José del Cabo, Baja California Sur, Mexico will have original and exclusive jurisdiction over any dispute arising from, connected with or relating to this Agreement or any related matter regardless of any future jurisdiction that the parties may be subject to for any reason.

EXHIBIT “A” Work Period & General Terms and Conditions

The parties agree that the Work Period for the child care services provided by Baja Babysitting Los Cabos, Mexico shall be from dates specified in RESERVATION FORM. Said Work Period can be extended at any time provided notice is given by the custodial parent or legal guardian to Baja Babysitting Los Cabos, Mexico.

Baja Babysitting General Terms and Conditions

1. 1. All childcare services by Baja Babysitting Los Cabos, Mexico require a 4-hour minimum visit. If you use the babysitter for less than said period, you are still required to pay for the entire 4 hours.
   2. Baja Babysitting is requiring it’s clients that want to book, that it is necessary to put a $27 USD deposit to complete their reservation. Until we have received the $27 USD deposit your reservation will not be considered confirmed on our end. The $27 USD deposit will be deducted from the total amount of the reservation. However, this deposit is non-refundable, regardless of whether the reservation is cancelled within the 7 day notice.
   3. Services are charged on an hourly rate basis as follows and do not include payment transaction fees. If Baja Babysitting has not received the total amount due 48 hours after the service has concluded. Baja Babysitting will charge the total amount due to the Card that was used for the Deposit.
      • 1 child = $27 USD per hour
      • 2 children = $32 USD per hour
      • 3 children = $34 USD per hour
      • 4 + children = requires additional babysitter
   4. All bookings requesting services shall be subject to a cancellation policy payment.
      • 7 days before the reservation, 50% of the hours booked will be charged.
      • 48 hours before the reservation, 75% of the total hours booked will be charged.
      • 24 hours before the reservation,100% of hours booked will be charged.
      • Before any of this time no charge Except the $27 USD non refundable deposit.
      • The Cancellation will be charged to the same Credit Card that you made your Deposit with.
   5. Payment can be done in cash with US Dollars or in Pesos (at the equivalent exchange rate), or electronically via Credit Card in MXN Pesos (at the official exchange rate according to Google the day you receive your Invoice).
   6. All payments made with Credit Card a 5% transaction fee will apply.
   7. All babysitters have their own transportation to and from each job within the service area of Cabo San Lucas or San Jose del Cabo (the “Service Area”). If you will be requesting our services outside of the Service Area a gas fee depending on the distance travelled shall be collected by Baja Baby Sitting Los Cabos, Mexico. The following areas shall require payment of a gas fee: Diamante, Pescadero, Todos Santos, La Paz, La Laguna, East cape, Los Barriles, La Ribera.
   8. If your babysitter is working more than 8 hours a day you are responsible for offering meals and water to the babysitter.
   9. Our babysitters are all experienced swimmers and will join your children in the pool with your permission. Swimming in the ocean is strictly prohibited.
   10. An inherent risk of exposure to Covid-19 exists in any open or closed spaces where people are present. We cannot guarantee that you will not be exposed during the provision of the services. By making use of the services of Baja BabySitting Los Cabos, Mexico, you voluntarily assume all risks related to exposure to Covid-19.

Revised: November 18, 2024