List in DETAIL What Housekeeping Duties Will Be Expected Of The
Nanny:
What Type Of Discipline Methods Are Used In Your Home?
What Qualities In A Nanny Are Most Important To You?
Need Nanny to work (Check all that apply)
Nanny Works
Family-Agency Agreement
This Agreement is made this:
Day:
Year:
, between Nanny Works, hereinafter called “Nanny Works”,
and the Client.
Please Check Each Paragraph Box To Indicate You Have
Read & Understand It
1. The Client will provide Nanny Works with a written and reasonably
specific list of job duties and expectations of the nanny (Family Application).
Nanny Works will endeavor to identify and refer nannies, which
meet the criteria of the Client, which have been identified in the Family
Application.
2. Upon request of the Client, Nanny Works will facilitate the
discussions between the Client and the nanny applicant concerning employment
terms. These discussions may include, but are not limited to, the topics
of compensation, work schedule, vacations, duties, benefits, and other
matters that might be contained in a work agreement between the Client
and the nanny applicant.
3.It is understood and agreed that Nanny Works is not the Employee
or the Employer in this agreement. The Client's selection for employment
of a nanny will be coupled with Nanny Works assistance
in helping you, the Client, in defining your relationship with the nanny.
4. Should the Client decide to change their work schedule (i.e. hours/days
nanny is needed), then there will be an additional $100.00 fee. Due to
the great amount of time Nanny Works spends on the phone with
each nanny candidate describing the Client’s position, this additional
fee will pay Nanny Works to repeat their work and prescreen for
the new schedule.
5.The Client agrees to pay Nanny Works the application fee when
the application is completed and submitted to Nanny Works. The
placement fee shall be paid in full to Nanny Works when the formal
offer is made to the nanny applicant. (ALL FEES ARE NON-REFUNDABLE) You
are welcome to pay your fees via check, cash, or credit card.
6.If the referral fee is not received by the date required in this agreement,
the Client agrees to the imposition of a LATE PAYMENT CHARGE by Nanny Works at the rate of 1.5% per month, or the maximum allowed by law,
on the unpaid balance, along with Nanny Works, costs of collection,
including attorney's fees & court costs. The Client also agrees that
if the placement fee is not received by the date required, Nanny Works may, at its discretion declare this contract null and void, and
any monies collected from the Client will be deemed non-refundable.
7.GUARANTEE: Nanny Works, will make every reasonable effort to
secure satisfactory nanny applicants for the Client. In the event that
the employment of a permanent nanny, secured with the assistance of Nanny Works is terminated prematurely, prorated fees for additional
services are as follows:
1. First ninety days: No additional charges to replace one nanny.
2. Ninety-one through one hundred and twenty days: 50% of the current placement
fee.
3. One Hundred-twenty through three hundred and sixty-five days: 85% of
the current placement fee.
4. After one year: 95% of the current placement fee for returning families.
Nanny Works will make only one replacement referral free
of charge under the ninety-day guarantee. HOWEVER, SHOULD TERMINATION
OF EMPLOYMENT OCCUR BY REASON OF MISDESCRIPTION OR MISREPRESENTATION
CONCERNING THE DUTIES, COMPENSATION OR TREATMENT OF THE NANNY APPLICANT
OR IF YOU REFUSE TO SIGN A WORK AGREEMENT OUTLINING THE NANNY'S WORK
HOURS, PAY AND DUTIES, THIS REPLACEMENT CLAUSE IS VOID AND WILL BE
CONSIDERED A BREACH OF CONTRACT BY THE CLIENT.
8.The Client shall, at all times, have the right to refuse hiring any candidate
being considered during the placement process.
The Client understands that the nanny applicant alone is responsible for
her/his actions; that the nanny applicant is not an employee of Nanny Works and Nanny Works assumes no responsibility for any act
or omission of the nanny applicant either prior to or after employment
with the Client has commenced. The Client understands and agrees that although
Nanny Works has assisted the Client in referring a nanny or child
caretaker to work in the Client's home, Nanny Works cannot predict
the candidate's future behavior or performance and only the Client can
assess the nanny's competence and appropriateness for the Client's position.
The Client also understands that she/he takes full responsibility for the
decisions to hire and to continue to employ the nanny and that the role
of Nanny Works limited to supplying applicants for the Client's
consideration and performing background checks on the hired applicant.
All background checks are available to Client.
9.Nanny Works agrees to perform a driver’s license check,
a social security trace, past address history, criminal background check,
and a sex offender check.
10.The Client will receive one drug test free of charge to use at any time
during the term of the nannies assignment. This may be used at the beginning
of employment or at anytime you wish. The client needs to call our office
to schedule this.
11.Nanny Works cannot be a guarantor of the honesty or reliability
of the nanny nor is Nanny Works an agent of the nanny or vice
versa. Accordingly, the Client hereby releases and agrees to hold Nanny Works, its directors, officers, employees, successors, and assigns,
harmless from any act of nonfeasance, misfeasance, or malfeasance by the
nanny, nor will the Client hold Nanny Works, its directors, officers,
employees, successors, and assigns, liable for any other claim which she/he
may have.
12.The Client agrees to fully indemnify and hold Nanny Works,
it directors, officers, employees, successors, and assigns, harmless from
any and all claims, demands, losses, liabilities, damages or expenses for
investigation or attorney's fees arising out of, or in any way related
to, this agreement, including any personal injury or property damage.
13.The Client understands that the long-term employment relationship is
strengthened by weekly, as well as daily, discussions between the nanny
and the supervising parent, and agrees to assume all supervisory responsibilities
regarding the performance of the nanny candidate.
14.Nanny Works placement fee includes assistance in developing
the Work Agreement. As the nanny's employer, you, the Client, are solely
responsible for any income tax withholding, FICA payments, as well as any
additional taxes or insurance payments required by law.
15.The Client agrees to refrain from making any private agreement with
the nanny candidate or from taking any action which is inconsistent with
this agreement or which has the effect of avoiding any of the Client's
obligations hereunder. Such private agreements and actions include, but
are not limited to, actions that would enable the Client or any other person
to avoid payment of the registration and/or placement fees due to Nanny Works. (For example, if the Client gives the name of the nanny
or a friend of the nanny to another person who subsequently employs the
nanny or a friend of the nanny.) If the Client or any person known to the
Client offers a nanny or a friend of the nanny a position trying to avoid
the placement fee, there will be a $1500.00 charge for liquidated damages
EVEN if the nanny declines the offer.
16.If the Client decides to employ a nanny obtained with the assistance
of Nanny Works, the Client understands and agrees that the nanny
will not start to work until all fees owed to Nanny Works are
paid in full or unless a prior written agreement has been made between
the Client and Nanny Works.
17.This Agreement contains the entire agreement between Nanny Works
and the Client, and no statements, promises, or inducements made by either
party or agent of either party that is not contained in this written Agreement
shall be valid or binding; and this contract may not be enlarged, modified,
or altered except in writing, signed by the parties herein.
18.It is understood and agreed that if any part, term or provision of this
Agreement is held by a court to be illegal or in conflict with any law
of your state the validity of the remaining terms of this Agreement
shall not be altered, and the rights and obligations of the parties shall
be construed and enforced as if the contract did not contain the part,
term, or provision held invalid.
19.This agreement will be binding only upon the parties herein and shall
not include any third party nor shall Nanny Works be a party to
any agreement entered into between the Client and the nanny.
Client’s Name
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