Terms of Service
Last Updated: March 13, 2026
IMPORTANT: PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE ENCHANTED CHILDCARE PLATFORM. BY CREATING AN ACCOUNT, MAKING A BOOKING, OR USING ANY SERVICES PROVIDED THROUGH THE PLATFORM, YOU AGREE TO BE BOUND BY THESE TERMS. THESE TERMS INCLUDE A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER IN SECTION 11.
1. The Platform
1.1 Platform Description
Enchanted Childcare, LLC ("Company," "we," "us," or "our") operates a technology-enabled marketplace platform (the "Platform") that connects families ("you" or "User") with independent childcare service providers ("Service Providers" or "Sitters") who offer themed, costumed babysitting experiences. The Platform facilitates discovery, booking, payment processing, and quality assurance for these services.
1.2 We Are a Marketplace, Not a Childcare Provider
THE COMPANY IS A TECHNOLOGY PLATFORM THAT FACILITATES CONNECTIONS BETWEEN FAMILIES AND INDEPENDENT SERVICE PROVIDERS. THE COMPANY DOES NOT PROVIDE CHILDCARE SERVICES, DOES NOT EMPLOY THE SERVICE PROVIDERS, AND DOES NOT SUPERVISE, DIRECT, OR CONTROL THE MANNER IN WHICH SERVICE PROVIDERS PERFORM CHILDCARE. Service Providers are independent contractors who determine how they deliver their services. The Company's role is limited to providing the technology platform, processing payments, facilitating communication, and maintaining quality standards through its review and vetting systems.
1.3 Eligibility
You must be at least 18 years of age and the parent or legal guardian of the child(ren) for whom you are booking services (or have written authorization from the parent or legal guardian) to use the Platform. By using the Platform, you represent that you meet these requirements.
2. Accounts and Bookings
2.1 Account Creation
To use the Platform, you must create an account and provide accurate, complete, and current information. You are responsible for maintaining the security of your account credentials and for all activity that occurs under your account.
2.2 Booking Process
When you submit a booking through the Platform, you select a character, date, time, and any add-on services. Payment is collected at the time of booking via credit card. The Platform matches your booking with an available Service Provider, whose profile is shared with you prior to the booking date. If no Service Provider is available, you will receive a full refund.
2.3 Pre-Booking Information
Before each booking, you must complete a pre-booking information form providing parent/guardian phone numbers, the booking location address, allergies or medical conditions for each child, the location of any necessary medications (EpiPen, inhaler, etc.), an emergency contact other than the parents, and any special instructions or behavioral notes. Failure to provide accurate and complete pre-booking information may result in cancellation of the booking.
3. Pricing and Payment
3.1 Base Pricing
The base service is a 3-hour themed babysitting experience. Each Service Provider supervises a maximum of 3 children. Current pricing is displayed on the Platform at the time of booking. Add-on services (extra hours, second Service Provider for 4+ children under Service Provider supervision) are priced separately and displayed during the booking checkout process. For party bookings where parents or guardians remain on-site and supervising, unlimited children may attend the party, but only up to 3 children per Service Provider may be left under Service Provider supervision at any time.
3.2 Required Second Service Provider
Each Service Provider supervises a maximum of 3 children. Bookings with 4 or more children under Service Provider supervision require a second Service Provider. This requirement is mandatory and the associated fee is added to your booking total during checkout. The maximum number of children under Service Provider supervision per booking is 6 (two Service Providers at a 1:3 ratio). For party bookings where parents or guardians are present and actively supervising, additional children beyond the 1:3 ratio may attend, but each Service Provider supervises a maximum of 3 children who are under their active care.
3.3 Payment Processing
All payments are processed through Stripe, a third-party payment processor. The Company does not store your credit card information. By making a booking, you authorize the Company to charge the payment method on file for the full booking amount at the time of booking.
3.4 Gratuities
Tips and gratuities for Service Providers are not included in the booking price and are at your sole discretion. Any gratuities provided directly to a Service Provider are a matter between you and the Service Provider.
4. Cancellation and Refund Policy
4.1 Family Cancellation
If you cancel a booking more than 24 hours before the scheduled start time, you will receive a full refund to your original payment method. If you cancel within 24 hours of the scheduled start time, no refund will be issued and the booking will be treated as completed for all payment purposes. The full booking amount is retained by the Company, and the assigned Service Provider receives their standard compensation as if the booking had taken place.
4.2 Company Cancellation
In the rare event that the Company is unable to provide a Service Provider for your booking (due to Service Provider cancellation or unavailability), you will receive a full refund to your original payment method plus a discount code for a future booking.
4.3 No-Show
If a Service Provider fails to arrive for a confirmed booking, you will receive a full refund to your original payment method.
5. Assumption of Risk and Release of Liability
5.1 Assumption of Risk
YOU ACKNOWLEDGE AND AGREE THAT CHILDCARE SERVICES INHERENTLY INVOLVE RISKS, INCLUDING BUT NOT LIMITED TO RISKS OF INJURY, ILLNESS, ALLERGIC REACTION, PROPERTY DAMAGE, AND EMOTIONAL DISTRESS. YOU VOLUNTARILY ASSUME ALL SUCH RISKS IN CONNECTION WITH SERVICES BOOKED THROUGH THE PLATFORM.
5.2 Release of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO RELEASE, WAIVE, DISCHARGE, AND HOLD HARMLESS THE COMPANY, ITS MEMBERS, MANAGERS, OFFICERS, AGENTS, AND AFFILIATES FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, LOSSES, LIABILITIES, COSTS, AND EXPENSES (INCLUDING ATTORNEYS' FEES) ARISING OUT OF OR RELATED TO (A) THE SERVICES PROVIDED BY ANY SERVICE PROVIDER, (B) ANY INJURY, HARM, OR DAMAGE TO ANY PERSON OR PROPERTY OCCURRING DURING OR IN CONNECTION WITH A BOOKING, (C) ANY ACT OR OMISSION OF ANY SERVICE PROVIDER, OR (D) YOUR USE OF THE PLATFORM.
5.3 Limitation of Liability
THE COMPANY'S TOTAL LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO THE PLATFORM OR ANY BOOKING SHALL NOT EXCEED THE TOTAL AMOUNT YOU PAID FOR THE SPECIFIC BOOKING GIVING RISE TO THE CLAIM. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, OR EMOTIONAL DISTRESS, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE.
5.4 Acknowledgment
You acknowledge that: (a) Service Providers are independent contractors, not employees of the Company; (b) the Company does not supervise Service Providers during bookings; (c) the Company has conducted background checks on Service Providers as described on the Platform but cannot guarantee the accuracy or completeness of background check results; and (d) the Company makes no warranties regarding the quality, safety, or suitability of any Service Provider.
6. Safety and Conduct
6.1 Your Responsibilities
You are responsible for providing a safe environment for the Service Provider and your children, including ensuring the booking location is clean and safe, providing accurate information about your children's allergies, medical conditions, and behavioral needs, ensuring any necessary medications are accessible and clearly labeled, providing a walkthrough of the booking location and any relevant instructions before departing, and remaining reachable by phone throughout the booking.
6.2 Children's Supervision
Service Providers will not take children outside the booking location (hotel room, vacation rental, or home) unless you have provided explicit written pre-approval through the booking form. Service Providers will not bathe or change children. If your children are young enough to require these activities, please handle them before the Service Provider arrives.
6.3 Incident Reporting
Any concerns about a Service Provider's conduct during a booking should be reported through the Platform's dispute resolution system within 24 hours of the booking's completion. Serious safety concerns should be reported immediately by contacting emergency services (911) and then notifying the Company.
7. Reviews and Content
7.1 Reviews
After each booking, you will receive a prompt to review the Service Provider. Reviews should be honest, accurate, and based on your direct experience. The Company reserves the right to remove reviews that contain profanity, personal attacks, or content that appears fraudulent. Legitimate negative reviews will not be removed. Service Providers may post a response to any review.
7.2 Photo and Media Consent
During the booking process, you may opt in to allow photos taken during the booking to be used for Platform marketing purposes. This consent is entirely optional and does not affect the booking or service quality. If you provide consent, you grant the Company a non-exclusive, royalty-free, perpetual license to use such photos in its marketing materials. You may revoke this consent at any time by contacting the Company, and the Company will make commercially reasonable efforts to remove the content within thirty (30) days.
8. Privacy
8.1 Information Collection
By using the Platform, you consent to the collection and use of information as described in our Privacy Policy, which is incorporated into these Terms by reference. Information collected includes your name, contact information, booking details, children's names and ages, medical information provided in pre-booking forms, and payment information (processed by Stripe).
8.2 Information Sharing with Service Providers
Pre-booking information (children's names, ages, allergies, medical needs, special instructions, and your phone number) is shared with the assigned Service Provider for the sole purpose of performing the booked service. Service Providers are contractually obligated to keep this information confidential.
9. Intellectual Property
9.1 Platform Content
All content on the Platform, including text, graphics, images, logos, and software, is the property of the Company or its licensors and is protected by applicable intellectual property laws. You may not reproduce, distribute, or create derivative works from any Platform content without the Company's prior written consent.
9.2 No Affiliation
The Platform uses descriptive character names for its themed experiences. The Company does not claim affiliation with, endorsement by, or licensing from any entertainment company or intellectual property holder. The characters portrayed by Service Providers are inspired-by interpretations and are not official representations of any copyrighted characters.
10. Non-Solicitation
You agree not to directly or indirectly solicit any Service Provider encountered through the Platform for off-Platform childcare services during the period in which you maintain an active account and for twelve (12) months following the closure of your account. Violations of this provision may result in account termination and forfeiture of any booking credits.
11. Dispute Resolution and Arbitration
11.1 Informal Resolution
Before initiating arbitration, you agree to first attempt to resolve any dispute informally by contacting the Company through the Platform's dispute resolution system. Most concerns can be resolved through this process, including partial credits for minor service issues and full refunds for serious concerns.
11.2 Binding Arbitration
ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS, THE PLATFORM, OR ANY BOOKING ("DISPUTE") THAT CANNOT BE RESOLVED INFORMALLY SHALL BE RESOLVED BY BINDING ARBITRATION IN THE STATE OF FLORIDA IN ACCORDANCE WITH THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION. THE ARBITRATION SHALL BE CONDUCTED BY A SINGLE ARBITRATOR. THE ARBITRATOR'S DECISION SHALL BE FINAL AND BINDING.
11.3 Class Action Waiver
YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS SHALL BE CONDUCTED ON AN INDIVIDUAL BASIS ONLY AND NOT AS A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION AGAINST THE COMPANY. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, YOU WAIVE ANY RIGHT TO A JURY TRIAL.
11.4 Small Claims Exception
Notwithstanding the foregoing, either party may bring an individual action in small claims court for disputes within the jurisdiction of such court.
11.5 Opt-Out
You may opt out of the arbitration and class action waiver provisions by sending written notice to the Company within thirty (30) days of your first use of the Platform. The opt-out notice must include your name, address, and a clear statement that you wish to opt out of arbitration. If you opt out, all other provisions of these Terms remain in effect.
12. General Provisions
12.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of laws principles.
12.2 Modification
The Company may modify these Terms at any time by posting updated Terms on the Platform. Material changes will be communicated via email to registered Users at least thirty (30) days before the effective date. Continued use of the Platform after the effective date of any modification constitutes acceptance of the modified Terms.
12.3 Severability
If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
12.4 Entire Agreement
These Terms, together with the Privacy Policy and any booking confirmations, constitute the entire agreement between you and the Company regarding the Platform and supersede all prior agreements and understandings.
12.5 No Waiver
The Company's failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.
12.6 Contact
Questions about these Terms should be directed to: enchantedchildcarellc@gmail.com
By creating an account, making a booking, or using any services provided through the Enchanted Childcare platform, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service, including the binding arbitration clause and class action waiver in Section 11.
