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πŸ“‹ Contract 1D β€” Compensatory Measures COMPENSATORY
Supplements: Babysitting Services Agreement (Contract 1)
Subject: Pre-agreed compensation for specific breach scenarios
Purpose: Reduce disputes by pre-agreeing consequences
License: CC BY-SA 4.0

The following compensatory measures are pre-agreed between the parties and incorporated into the base Babysitting Services Agreement. Both parties confirm their acceptance of these specific consequences, reducing the need for arbitration in common scenarios.

Scenario A β€” Babysitter Arrives 30+ Minutes Late

Trigger: The Provider arrives at the agreed session location more than 30 minutes after the agreed start time, without having notified the Recipient at least 20 minutes in advance of the delay.

Compensation: CHF 20 (twenty Swiss francs) is automatically deducted from the session payment and credited to the Recipient's WikiDeal account. This compensation is in addition to the adjusted session calculation (Provider is paid only for time actually worked).

Exceptions: Force majeure events (accident, medical emergency, public transport disruption documented by the Provider via platform) exempt the Provider from this penalty. The Provider must submit evidence via the platform within 24 hours of the session for the exception to apply.

Repeat lateness: A Provider who triggers Scenario A more than twice in a 60-day period may have their listing temporarily suspended pending a User Group review.

Scenario B β€” Child Injury Due to Provider Negligence

Trigger: A child in the Provider's care sustains an injury that medical assessment determines was caused or substantially worsened by the Provider's negligence (failure to follow reasonable care standards, the Recipient's care instructions, or the care obligations in Article 2 of the base contract).

Compensation: The Provider is liable for verified medical costs directly attributable to the injury, up to a maximum of CHF 500 (five hundred Swiss francs) per incident. Costs above CHF 500 are the Recipient's responsibility unless gross negligence or wilful misconduct is established, in which case the parties may pursue additional remedies through the WikiDeal Arbitration Panel or formal legal proceedings.

Documentation required: Medical receipt; medical assessment noting cause; WikiDeal platform incident report filed within 24 hours of the incident. All documentation must be submitted via the platform's incident reporting tool. The WikiDeal platform does not cover medical costs directly β€” it facilitates the documentation and payment adjustment process.

Child safety protocol: The Provider is always obligated to call emergency services (144) immediately in any situation involving serious child injury or illness, regardless of cost liability considerations. No contract provision may be interpreted to delay emergency medical care.

Scenario C β€” Babysitter Cancels Less Than 2 Hours Before Session

Trigger: The Provider cancels a confirmed session less than 2 hours before the agreed start time, leaving the Recipient without childcare on short notice.

Compensation: CHF 50 (fifty Swiss francs) is charged against the Provider's WikiDeal account and credited to the Recipient. Additionally, the Provider is placed on a "priority replacement" list: WikiDeal's platform will proactively notify all available Providers in the area of the urgent need, and the Provider who cancelled is flagged as having a confirmed cancellation in their profile history (visible to future Recipients for 90 days).

Exceptions: Medical emergency, family bereavement, or documented force majeure (as defined in Scenario A) exempt the Provider from the CHF 50 penalty but not from the profile notation. The Provider must submit evidence within 12 hours for the exception to apply.

Repeat cancellations: A Provider who cancels within 2 hours more than once in a 30-day period is automatically suspended from accepting new bookings for 14 days, pending User Group review.

Recipient (Family) Β· Date: ___________
Provider (Babysitter) Β· Date: ___________