Family/Agency Agreement
Family/Agency Agreement Please fill out the following form completely and when finished, please email it back to us via this email address: [email protected] This agreement made this date: ______________________ Between Nanny Poppins, (herein after referred to as agency) and _________________________________________________ (herein after referred to as client) Address: _____________________________________________________________________________________ Referrals: A.) Nanny Poppins will refer applicants (hereinafter referred to as Nanny ) to the Client, as they become available for consideration as a full-time or part-time live in or out nanny or occasional babysitter. Applicants are screened prior to their referral to the Client only to the extent that they meet the Agency's criteria for a qualified Nanny Applicant. Client agrees to screen and interview applicants carefully to determine whether they meet the Client's criteria and can fulfill the Clients expectations for their position. Offers of employment should not be made by Clients before carefully interviewing and screening applicants, and getting authorization to do so by the agency. Hiring: A.) The Client agrees not to offer employment to any applicants referred by Nanny Poppins without first obtaining authorization from Nanny Poppins directly. The Client understands that applicants are not eligible to begin working for Nanny Poppins Client until the applicant's criminal check and driving record check have been provided to Nanny Poppins and to the Client. CLIENTS AGREE TO OBTAIN AUTHORIZATION FROM THE AGENCY BEFORE EXTENDING AN APPLICANT A JOB OFFER. Clients also agree to notify the Agency of the date the applicant begins her first day in the Client's employment begins. Fees: A.) The Client agrees to pay the Agency a placement Fee for any Nanny referred by said Agency and hired by Client. Placement Fees are those fees as defined in the Agency's Fee Schedule as of the date of the execution of this Agreement. Client acknowledges a receipt of said Fee Schedule, understands said Fee Schedule in its entirety and agrees to fees stated therein. The agreed upon fee is: $_______________ Hours per week: ___________ Total months needed: _________ B.) The Client agrees to pay the referral fee in full to Nanny Poppins Before the nanny begins her employment in the clients home. This fee will be paid in full once the Client has been given authorization to employ the applicant. Clients who employ their nannies before paying the appropriate referral fee as stated in this agreement will be subject to pay an additional $175 babysitting service fee for each week that the referral is late in addition to the agreed upon fee. C.) The client agrees to pay the Agency the appropriate baby-sitting service fee in the event the nanny works more hours then originally contracted for pursuant to this agreement. Such additional fee does not apply to the client contracted the nanny for 24 hours or more per week. The Client is responsible for speaking directly to a representative of the Agency to inform the Agency that the nanny will work additional hours BEFORE that nanny works such additional hours. The Client also agrees and understands that if the nanny works fewer hours then the hours contracted pursuant to this Agreement, the Client will NOT receive a credit toward additional hours of work by an applicant. Non Payment of Fees: A.) If at any time within one year after an initial meeting between a client and any applicant referred by the agency that the applicant becomes a direct or indirect provider of services to the Client, and the Client does not notify the Agency of the nannies employment and/or does not pay the appropriate fee, the client agrees to pay the Agency a $3350 termination fee in addition to any legal fees or court costs incurred by Nanny Poppins, LLC in collecting such fees. B.) The client agrees to pay the fee in full before the nanny begins employment. If the Client fails to pay the referral fee to the agency before the nanny begins employment, Nanny Poppins will have the right to obtain full payment of the referral fee from client, along with attorney's fees and court costs incurred, and will not be obligated to provide the Client with any replacement or guarantee services as specified below in this agreement. The client also agrees to pay finance charges, and all late fees charged by Nanny Poppins Nanny Family Agreement: A.) The Client agrees to request a copy of Nanny Poppins, Nanny/Family Work agreement and to complete and execute such agreement with the nanny before the nanny begins employment. The client and the applicant must fill out the nanny/family work agreement together. Both the Client and the nanny must also sign it and be in the possession of the Agency before the nanny works her first day in the clients employ. Clients who fail to give the Agency a copy of the Nanny/Family Work Agreement signed by both the client and nanny by such time will not be eligible to the REFUND AND GUARANTEE POLICIES set forth below. Refund and Guarantee Policies: A.) The refund and guarantee policies set forth herein only apply to a client who has paid the referral fee prior to the nanny's employment, and has provided Nanny Poppins, with a signed Nanny/Family Work Agreement before the nanny begins employment. Clients will only receive one replacement nanny per contract. Clients agree not to change any of the terms agreed to with their nanny in the Nanny/Family Work agreement (i.e. work hours, pay, benefits, duties, etc.) without first requesting a new Nanny/Family Work agreement and filling it out and signing it with their nanny. Clients understand that if they change the terms of the Nanny/Family work agreement once it has been signed by both the Client and the Nanny that the nanny is not obligated to sign a new Nanny/Family Agreement. B.) Replacement will only be given to the Client by the agency for the amount of hours per week that they originally contracted their nanny for. For example, if a Client hires a nanny for 40 hours per week and thereafter decided for any reason, that they only need for 30 hours per week, which causes their nanny to leave their employ, they will not receive a refund or a replacement. The Clients agree that if they chose to come back to the Agency for a new nanny at this time that they will have to re-contract with the Agency and pay that appropriate for a new nanny. First Month Guarantee: A.) If the nannies employment is terminated during the first 30 days of her employment Nanny Poppins, will either refund the fee paid by the client in full minus a $500 placement charge, or begin searching for a replacement nanny. If the second placement is not successful within one month, no money will be refunded to the client. The client understands and agrees that they are responsible for contacting and speaking directly to a representative of Nanny Poppins, to inform the agency of the situation. Clients agree to request a refund in writing by the 30th day of the month. Second Month to 12 month Guarantee: A.) No money will be refunded from the start of the second month to the twelfth month if the nanny leaves or is terminated. The agency agrees to search in good faith for applicants for the client to interview to hire to complete the length of their contract between the original nanny and the client, as set forth in the Nanny/Family work agreement. The client agrees to pay a $175 re-contracting fee to the Agency in such an event. Nanny Poppins, is not responsible to provide childcare services of any kind between termination and replacement dates. The client agrees to pay Nanny Poppins, according to their current fee schedule for services performed by the replacement nanny after the original nanny's contract is current fee schedule for services performed by the replacement nanny after the original nanny's contract is complete. Clients agree to fill out to fill out and return any nanny evaluations sent to them by Nanny Poppins. B.) A replacement nanny will be referred only to complete the specific period of time originally contracted for by the client. The client agrees to pay the agency for any services performed by that replacement nanny beyond the completion date stated in the original nanny's Nanny/Family Work Agreement. C.) Clients agree that once they have hired a replacement nanny they will request a new Nanny/Family Work agreement from the agency and fill it out with their new nanny. This agreement will only be dated until the end of the original nanny's contract. If the client and the replacement nanny wish to continue the employment relationship beyond this time, a new Agency agreement must be signed and the appropriate referral fee must be paid by the client (e.g. $3350 for 24+ hours per week for 7-12 months) The Client agrees not to continue employing the replacement nanny after the completion of the original nanny's contract, until a new Family/Agency Agreement has been signed by the Client and the appropriate fee has been paid to Nanny Poppins. D.) Clients will only receive one replacement nanny per contract period. Summer Nannies: A.) Refunds are not provided for summer nanny replacements. However, Nanny Poppins, will work in good faith to provide the client with applicants to complete the original nanny's contract. The clients will pay a $150 re-contracting fee at such time. Relationship to Client and Nanny: A.) Nanny Poppins, is a referral service, and does not train, employ, or exercise control, authority or discretion over applicants referred to clients. Nanny Poppins, disclaims any and all responsibility for any conduct or omissions of any applicant, including any applicant hired by the client. The agency is not responsible for losses or damages resulting directly or indirectly from its Clients relationship with any applicant or nanny. Nanny Poppins, is not responsible for providing insurance or withholding any payroll taxes, and has no employment relationship with its applicants or nannies. B.) Clients are responsible for making sure their nannies are aware of all rules they want to her to follow as well as safety concerns and hazards. C.) The Client, by signing this agreement, agrees to pay the appropriate referral fee and follow the appropriate policies in the event the client hires any of the applicants referred by the Agency. Other Agreements: A.) Clients agree not to employ any of the associates, friends or relatives of any applicants sent to them by the agency. They understand that the nanny that they hire through the Agency has also signed an agreement of liability in regards to the above-mentioned matter. Clients who employ the above mentioned people agree a $3350 referral fee and any legal fees incurred by the agency while collecting this fee. Clients who wish to employ and of the above mentioned people understand that they can recommend such people to the agency so that they can be properly interviewed and screened to ensure their qualifications. B.) Clients also understand and agree that if they are using another agency to find a nanny that they must immediately inform Nanny Poppins, if they send the Client an application that the client has already been referred by that other agency. The client agrees that upon the hiring of such applicant they would pay the referral fee to the agency that sent the candidate first. C.) Clients understand and agree that if they have placed an ad in the newspaper to locate a nanny that they will pay The agency the appropriate referral fee if Nanny Poppins, refers the applicant whom the client hires before the applicant responds to the clients advertisement. The Client agrees that it is their responsibility to keep track of the timing of the referrals and the advertisement responses. Occasional Baby Sitting Service: A.) Service Provided: Nanny Poppins, occasional baby-sitting service is provided to clients on an as needed and as available basis only. Clients agree to give the agency at least 24 hours notice with each request. Nanny Poppins, does not guarantee the ability to find an occasional sitter to fill each date requested by the client. B.) Fees: The client agrees to pay a $50.00 registration fee annually to request baby-sitters as they need them. The Clients agree to pay an additional referral fee for each date requested which will be determined by Nanny Poppins, fee schedule at the time the client makes the request. The client agrees to pay a fee each time they employ one of the agency's occasional babysitters. The client also agrees to pay the occasional baby sitter her hourly rate at the end of the day or evening directly. The client agrees to speak to the occasional babysitter to decide an hourly rate before they leave their children in her care. C.) Other Terms: The Client agrees not to contact any of the occasional baby-sitters after their initial request without calling the Agency to request her and getting permission to do so. The Client agrees NEVER to contact an occasional babysitter referred to them by Nanny Poppins, for any future employment of any kind. The client understands that they do not have to employ any of the occasional baby-sitters referred to them by the agency. The client understands that they need to determine that an occasional baby-sitter meets their criteria. The client understands and agrees that if they cancel a request after Nanny Poppins, has found them a baby-sitter they will still be obligated to pay the agreed upon fee to the agency. D.) Safety: The client agrees that they as parents are responsible for going over household rules and safety hazards and precautions. Clients are advised to write down all safety concerns, go over them with the baby-sitter verbally before leaving the house, and leave emergency phone numbers. Clients should never leave the house if they are uncomfortable with their occasional baby-sitter. Clients understand that the Agency does not train the baby-sitters. E.) Confirmation: The client understands that they need to confirm dates with the occasional babysitter directly and are responsible for providing her with appropriate directions to their home. They agree to pay their occasional babysitter for 4 hours of work if they cancel their request after she has agreed to baby-sit. This agreement embodies the entire agreement between Nanny Poppins, and the Client. There are no other contracts, agreements, understanding, promises, conditions or obligations made or entered by Nanny Poppins and its Client other than those contained herein. No Modifications to this Agreement shall be Valid unless they are in writing and signed by both parties. I understand and agree to the above. Signature__________________________________
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