24/7 Nanny Services Agreement
P.O. Box 305Carpinteria, CA 93014Tel.: (805) 448-1186
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THIS NANNY SERVICES AGREEMENT (this “Agreement”) is entered into by 24/7 NANNY (“Provider”), and the party named and described above as “Client” (hereinafter referred to as “Client”) effective on the contract date set forth above (the “Contract Date”) with respect to the following:
1.1. Duties. The Provider shall do all of the following:
a. Screen, interview, skill test, and assign an employee (“Nanny”) to perform the Services at the Client’s home or at such other location as specified by the Client. Provider will ensure that the Nanny is a registered TrustLine provider, as required by the California Health and Safety Code;
b. Pay the Nanny’s wages and pay, withhold, and transmit payroll taxes; provide unemployment insurance and workers’ compensation benefits; and handle unemployment and workers’ compensation claims involving the Nanny;
c. Require Nanny to sign Provider’s policies and procedures and application forms which provide that the Nanny is legally the employee of Provider and not the Client and therefore is not entitled to holidays, vacations, disability benefits, insurance, pensions, or retirement plans, or any other benefits offered or provided by Client;
d. Comply with federal, state and local labor and employment laws applicable to the Nanny; and
e. Require the Nanny to sign a Confidentiality Agreement and Social Media Policy in the form attached as Exhibit A before beginning any assignment with Client.
1.2. Right to Control. In addition to Provider’s duties and responsibilities set forth in paragraph 1.1, Provider has the right to physically inspect the work site processes; to review and address, unilaterally or in coordination with Client, Nanny work performance issues; and to enforce Provider’s employment policies relating to Nanny’s conduct at the worksite.
2.1. Duties of Client. The Client shall do all of the following:
a. Provide Provider and Nanny with all information necessary or helpful to carry out the purposes of this Agreement and to enable successful completion of the Services;
b. Provide Nanny with a safe work site and provide appropriate information, training and safety equipment with respect to any hazardous substances or conditions they may be exposed to at the work site.
2.2. Covenants. The Client shall not:
a. Permit Nanny to operate any vehicle or mobile equipment, or entrust Nanny with unattended cash, checks, keys, credit cards, confidential or trade secret information, negotiable instruments, or other valuables without Provider’s express prior written approval or as strictly required by the job description provided to Provider;
b. Change Nanny’s job duties without Provider’s express prior written approval; and
c. Except pursuant to Section 3.4, below, make any offer or promise relating to Nanny’s job, compensation or benefits.
3.1. Provider will invoice Client on a weekly basis or pre-contracted invoicing for (i) the Services provided at the hourly rate quoted in the Basic Terms, and (ii) any additional costs or expenses incurred by Provider or Nanny on behalf of Client and approved in advance by Client. Invoices will be supported by the pertinent time sheets or other agreed system for documenting time worked by the Nanny. Client’s signature or other agreed method of approval of the work time submitted for Nanny certifies that the documented hours are correct and authorizes Provider to bill Client for those hours. If a portion of any invoice is disputed, Client will pay the undisputed portion.
3.2. Payment is due upon receipt of the invoice. If any payment or expense payable hereunder is not received by Provider within 10 days after its due date, it shall be subject to a late payment penalty of 5% of the unpaid amount due for each month or fraction thereof, or such lesser amount as may be the maximum amount permitted by law, until paid.
3.3. Nanny is presumed to be nonexempt from laws requiring premium pay for overtime, holiday work, or weekend work. Provider will charge Client special rates for premium work time only when Nanny’s work on assignment to Client, viewed by itself, would legally require premium pay and Client has authorized, directed, or allowed the Nanny to work such premium work time.
3.4. If Client uses the services of any Nanny as its direct employee, as an independent contractor, or through any person or firm other than Provider during or within 16 weeks after any assignment of the Nanny to Client from Provider, Client must notify Provider and (a) continue the Nanny’s assignment from Provider for his or her next 10 consecutive work hours for Client; or (b) pay Provider a final fee in the amount of 4 times the final billing rate for the Nanny, or $300, whichever is higher.
3.5. Provider and Client will use good faith efforts to agree on changes to the Provider fee to account for any new or increased labor costs associated with employees that arise as a result of federal or state-mandated requirements that become effective after the date of this Agreement.
3.6. All extra charges will be added on to statement, for the client to pay. For example; outings, food, or field trips.
3.7. If client cancels within 24 hours of service, they will be required to pay 50% of the total scheduled cost.
Provider shall (i) maintain confidentiality as to all information regarding Client and Client’s children, pets, and household to the full extent authorized by law; and (ii) require the Nanny to sign a Confidentiality Agreement and Social Media Policy in the form attached as Exhibit A before beginning any assignment with Client.
5.1. Indemnification. Client shall defend, indemnify, and hold Provider and its subsidiaries, shareholders, directors, officers, agents, representatives, and employees harmless from all claims, judgments, costs (including reasonable attorneys’ fees and costs), damages, liabilities and losses arising out of or relating to: (i) Client’s failure to discharge its duties and responsibilities as set forth in this Agreement; (ii) the negligence, gross negligence, or willful misconduct of Client or its agents or employees in the discharge of those duties and responsibilities; and (iii) the performance of the Services under this Agreement, except to the extent of (a) Provider’s failure to discharge its duties and responsibilities as set forth in this Agreement; or (b) the negligence, gross negligence, or willful misconduct of Provider or its officers, employees or authorized agents in the discharge of those duties and responsibilities.
5.2. Limitation. Neither party shall be liable for or be required to indemnify the other party for any incidental, consequential, exemplary, special, punitive, or lost profit damages that arise in connection with this Agreement, regardless of the form of action (whether in contract, tort, negligence, strict liability, or otherwise) and regardless of how characterized, even if such party has been advised of the possibility of such damages.
This Agreement shall commence on the Contract Date and shall continue until terminated pursuant to this Section 6. This Agreement may be terminated by either party upon 30 days’ written notice to the other party; provided, however, that if a party becomes bankrupt or insolvent, discontinues operations, or fails to make any payments as required by the Agreement, the other party may terminate the Agreement upon 48 hours’ written notice.
7.1. Entire Agreement. This Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the subject matter hereof, and no other agreement, statement or promise relating to the subject matter of this Agreement which is not contained herein shall be valid or binding. Any and all amendments or modifications made hereto shall be in writing.
7.2. Governing Law; Severability. The validity of this Agreement and of any of its terms or provisions, as well as the rights and duties of the parties hereunder, shall be governed by the laws of the State of California. If any part of this Agreement is declared unenforceable or invalid, the remainder will continue to be valid and enforceable.
7.3. Attorneys’ Fees. In the event of any dispute between the parties, the prevailing party shall be entitled to recover such party’s costs and expenses incurred, including without limitation reasonable attorneys’ fees, in addition to any other relief.
7.4. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument. Photocopies or electronic copies of such signed counterparts may be used in lieu of the originals for any purpose.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the Contract Date first set forth above.
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Signed by Rachel Oatis
Signed On: January 21, 2019
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Document Name: 24/7 Nanny Services Agreement
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