Night Owl Kids Care – Terms & Conditions

 

 

Trusted, Licensed, Insured, and Event-Ready Childcare Since 2015

 

Thank you for choosing Night Owl Kids Care (NOKC) for your upcoming event. Our goal is to provide a seamless, safe, and professional childcare experience that aligns with the standards of weddings, corporate events, military training programs, and private groups. By booking services with NOKC, the Booking Party (“Client”) agrees to the following Terms & Conditions.

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1. Booking, Payment & Confirmation

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• Payment in full is required to reserve your event date and secure childcare staff.

• No staff will be scheduled until nonrefundable deposit is received and cleared.

• No services are guaranteed until final payment is received and cleared.

• Payment constitutes the Client’s confirmation of the event details, including date(s), time(s), locations(s), number of children, and specific care needs.

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2. Cancellations, Nonrefundable Dates & Rescheduling

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• All payments become nonrefundable as of the Nonrefundable Date listed on the invoice or contract.

• Cancellations before the Nonrefundable Date may be refunded, less the nonrefundable deposit and any non-recoverable costs already incurred.

• Cancellations on or after the Nonrefundable Date are nonrefundable, as staff have committed their time and declined other opportunities.

• Reserved staffing and readiness: Payments compensate NOKC not only for hours of care ultimately used, but also for reserving staff, declining other work, scheduling, administrative preparation, supplies, training, travel arrangements, and maintaining readiness to perform the scheduled services. A Client’s decision not to use some or all reserved services does not reduce the amount owed.

• Requests to reschedule must be submitted in writing and are subject to availability. Updated pricing or fees may apply. If the new proposed event date takes place within 21 days of inquiry, that is considered "short notice" and is subject to staffing availability and additional fees.  

• One reschedule/adjustment request is allowed per original event request. Additional reschedules/adjustments become new event requests. If the booking party fails to utilize their one reschedule/adjustment from the originally booked event, then the services are deemed forfeited, with no refund issued.

• Written changes and authorized approval: All requests to change an event’s date, time, location, attendance, age groups, care requirements, or service scope must be submitted in writing. A requested change is not accepted or effective unless approved in writing by an authorized representative of Night Owl Kids Care, LLC. Verbal discussions, acknowledgments, or efforts to assist with a requested change do not constitute approval or modification of the agreement.

• Approved rescheduled/adjusted events must take place within 60 days of the originally scheduled event date and may be subject to updated pricing. Failure to reschedule within 60 days will result in forfeiture of services and are non-refundable.

• Late changes do not create a refund right or waive terms: NOKC’s consideration of, discussion of, or attempt to accommodate a late change does not waive the original agreement, cancellation policy, payment obligations, or any other contractual right. If NOKC cannot accommodate a requested change, the original booking terms remain in effect unless NOKC agrees otherwise in writing.

Overview of Refund/Transferable Status:

• Deposit: non-refundable immediately.

• More than 30 days before the event: eligible for one approved reschedule, but not a cash refund of the deposit.

• Thirty days or fewer: all payments within this period are non-refundable.

• Fourteen days or fewer: all payments additionally non-transferable.

 

3. Staffing, Ratios & Special Care Requirements

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• NOKC follows childcare ratios that meet or exceed AR 608-10 and all applicable state and local regulations.

• Final staffing levels are based on:

   

  • The ages of the children,

  • Number of participants, and

  • Any additional needs, developmental delays, or one-on-one requirements.

   

• If the event includes a larger percentage of infants or children who require individualized supervision, additional staffing and fees may be necessary. These changes will be discussed with the Client or designated group coordinator prior to implementation.

4. Staffing Guarantee & Remedies

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NOKC makes every effort to provide the number of caregivers confirmed in writing.

If NOKC—due to reasons within its control—fails to provide the full number of scheduled caregivers:

 

• The sole and exclusive remedy is a refund equal to the per-staff fee for each missing caregiver.

• Refunds are issued by check or another approved method after verifying the correct payee information.

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NOKC is not responsible for venue delays, last-minute space changes, security restrictions, or circumstances outside of its immediate control.

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5. Client Responsibilities

 

To ensure a safe and successful childcare environment, the Client agrees to:

 

• Provide an indoor, enclosed, climate-controlled, child-ready space with functioning doors, appropriate lighting, access to water and restrooms, and adequate separation from event traffic and other hazards. NOKC does not provide childcare outdoors, at waterfront locations, near swimming pools or bodies of water, or in other open or hazardous environments unless NOKC has expressly approved the location and safety arrangements in writing before the event. NOKC may decline, suspend, or discontinue care when a space is unsafe or unsuitable. When the condition is outside NOKC’s control, no refund, credit, or transfer will be due. Childcare rooms shall:​

  • Have adequate heating and air conditioning to maintain a safe and comfortable temperature throughout the entire childcare period. (Varies by state)

  • Not be located outdoors, including patios, courtyards, tents, pavilions, rooftops, or other open-air spaces without formal written approval from NOKC authorized team member.

  • Not have direct or unrestricted access to a swimming pool, hot tub, pond, lake, fountain, river, ocean, or other body of water. If water is located near the childcare area, an appropriate permanent barrier, fence, wall, or other secure physical separation must prevent children from independently accessing the water.

  • Provide an environment that allows Night Owl Kids Care staff to safely control entry and exit from the childcare area.

  • Not take place in a hotel room or residential property without written approval from NOKC authorized team member.

• Provide accurate information regarding the ages, needs, allergies, and emergency contacts for each child.

• Ensure a responsible on-site point of contact remains reachable throughout the event. Client distributing NOKC's custom parent registration link and registration deadline is sufficient. From there, the parent can provide contact information. Client is responsible for notifying their guests of the deadline.

• Communicate venue access requirements (badges, check-in process, parking instructions, etc.) in advance so that staff can arrive on time. Connecting NOKC with venue sales team is sufficient and NOKC shall communicate with the venue's team for these requirements.

 

 

NOKC reserves the right to remove a child from group activities if safety concerns arise and a one-on-one caregiver is not available. NOKC reserves the right to decline use of, delay, suspend, or discontinue childcare services in, any space that does not meet these safety requirements. If the designated room is determined to be unsuitable upon arrival, the booking party or venue must provide an acceptable alternative space before childcare services can begin.

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Any delay, reduction, interruption, or loss of childcare services resulting from the booking party’s or venue’s failure or inability to provide a compliant childcare space shall be considered forfeited service time. Night Owl Kids Care shall not be responsible for such loss of service, and no refund, credit, prorated adjustment, extension of service time, or rescheduling shall be provided for childcare hours affected by an unsuitable or noncompliant venue space. All contracted fees shall remain due and payable in full.

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Client-caused inability to provide care

If NOKC is unable to provide all or part of the scheduled services because the Client changes the event details, cancels any portion of the event, fails to provide an approved childcare space, or otherwise fails to satisfy the Client’s responsibilities, the affected services will be treated as a Client cancellation. Payments will remain non-refundable and non-transferable in accordance with the applicable cancellation period.

 

Client representative’s authority

The individual submitting payment or approving the booking represents that they are authorized to bind the Client or organization to these terms. The Client is responsible for ensuring that its employees, representatives, cardholders, event personnel, and attendees comply with the agreement.

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6. Safety Standards & Professional Conduct

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Night Owl Kids Care maintains the highest standard of care and professionalism:

 

• All staff complete federal, state, and local background checks, including FBI fingerprinting.

• Staff are trained in child protection, event etiquette, blended-age activities, cultural competency, and emergency procedures.

• Staff follow policies on confidentiality, security, photography restrictions, and mandatory reporting.

 

Parents and guardians must remain reachable at all times when children are in our care.

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7. Guest Conduct & Staff Safety

The booking party is responsible for ensuring that all parents, guardians, guests, attendees, and other individuals interacting with or utilizing Night Owl Kids Care services conduct themselves in a respectful and appropriate manner toward Night Owl Kids Care staff.

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Night Owl Kids Care maintains a zero-tolerance policy for threatening, abusive, aggressive, or intimidating behavior toward its staff. This includes, but is not limited to, yelling, cursing or directing profanity at staff, verbal abuse, threats, harassment, physical intimidation, unwanted physical contact, attempts to provoke confrontation, or other conduct that causes staff to reasonably feel unsafe or threatened.

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Night Owl Kids Care reserves the right to refuse, suspend, or discontinue services to an individual, family, or the event as a whole when such conduct occurs or when management determines that continuing services would compromise the safety or well-being of staff or children in care.

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The booking party is responsible for assisting Night Owl Kids Care in promptly addressing and removing disruptive or threatening individuals from the childcare area when requested. If services are delayed, suspended, or terminated as a result of guest conduct or the booking party’s failure to provide a safe working environment, all affected service time shall be forfeited. No refund, credit, prorated adjustment, extension of service time, or rescheduling will be provided, and all contracted fees shall remain due and payable in full.

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Night Owl Kids Care may contact venue security, event security, property management, or law enforcement when reasonably necessary to protect its staff or the children in its care.

8.Limitations of Liability

 

 

To the fullest extent permitted by law:

 

• NOKC’s total liability for claims arising from services provided shall not exceed the total amount paid for those services.

• NOKC is not liable for indirect, incidental, or consequential damages, including lost event costs, business losses, or reputational claims.

• This limitation applies regardless of the legal theory asserted.

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9. Force Majeure (Events Beyond Our Control)

NOKC is not responsible for delays or failure to perform due to causes outside our reasonable control, including:

 

• Severe weather

• Natural disasters

• Public health emergencies

• Venue closures or lockdowns

• Government restrictions

• Transportation disruptions (NOKC accounts for city traffic in the preparation of timely staff arrival)

• Security incidents

 

 

If such an event occurs, both parties will work together in good faith to reschedule or adjust services when possible. Rescheduling and adjustments are subject to availability and the conditions listed in section 2 of the terms and conditions.

 

10. Governing Law & Venue

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These Terms & Conditions are governed by the laws of the State of Georgia, without regard to conflict-of-law principles.

Any dispute related to NOKC services shall be resolved in the state or federal courts located in Georgia, to which both parties consent.

 

11. Entire Agreement & Modifications

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These Terms & Conditions, together with the invoice or contract and any written addenda, represent the entire agreement between NOKC and the Client.

Modifications must be agreed to in writing by both parties.

Payment of any invoice signifies full acceptance of these Terms.

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12. No Waiver

 

An exception, accommodation, or delayed enforcement by NOKC on one occasion does not waive NOKC’s right to enforce the agreement on that or any future occasion.

13. Contact Information

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For questions, event updates, or concerns, please contact:

 

Jocelyn McGregor, Owner

 jmcgregor@nightowlkidscare.com

 (706) 577-8727