A PDF copy of this agreement will be emailed to you.
Authorization
I authorize the caregiver booked by The Nanny Network, LLC (the “Agency”) to care for my child(ren) and will provide the caregiver
instructions and emergency telephone numbers. I will pay the caregiver directly according to the Rates listed below and I authorize the Agency
to charge my credit card for the agency referral fee plus any applicable surcharges. I understand that this caregiver is not an employee of
The Nanny Network, but is considered my household employee. I hereby hold the Agency and caregiver harmless for all damage, destruction, or
accident claims, which may arise out of or in connection with the rendering of child care services provided by this caregiver.
In consideration of the referral, screening and support services provided by the Agency, I will contact the Agency if I desire further
childcare by this caregiver. I will not contact this caregiver directly nor will I use the services of this caregiver without contracting
through the Agency. I understand that I will be responsible for paying the Agency a $4000.00 placement fee if I hire this caregiver without
going through the Agency.
Driving (check if applicable)
I authorize the caregiver to drive my child, understanding that the Agency makes no representation as to the caregiver’s driving ability.
Medication (check if applicable)
I authorize the caregiver to give my child medication according to written instructions on the back of this page (including name of
medication, amount, and specific times). I recognize that the caregiver is not medically licensed and is administering this medication
at my request and for my convenience.
Cancellation Policy
Rates
Parent Signature:
*Holidays include New Year’s Day, Easter, Memorial Day, Independence Day, Labor Day, Rosh Hashanah, Yom Kippur, Thanksgiving, Christmas Eve, Christmas Day,
and New Year’s Eve. Holiday pay rate to the caregiver is $20 per hour.
THE NANNY NETWORK, LLC SERVICE AGREEMENT
THIS SERVICE AGREEMENT, made this
day of
,
,
between The Nanny Network, LLC, a Maryland Limited Liability Company, dba The Nanny Network (hereinafter referred to as the “Service”), and
(hereinafter referred to as the “Employee”).
WHEREAS, The Nanny Network, LLC is an agency referring child care providers (hereinafter referred to as “Nannies”) to families to potentially employ for the purpose of temporary child care; and
WHEREAS, the Employee is a benefit-eligible employee of D.F. Dent & Company (“D.F. Dent”) and desires to use the Service to receive referrals of Nannies to potentially employ for the purpose of temporary child care.
NOW THEREFORE, the parties agree as follows:
D.F. Dent will submit a non-refundable Annual Membership Fee of $100.00, on behalf of the Employee, to the Service for which the Service will select qualified Nannies and provide referrals of Nannies to the Employee for potential temporary child care employment. The Annual Membership Fee will expire after a period of twelve (12) months from the date of this agreement and renew upon request. D.F. Dent will also pay the daily placement fees associated with ten (10) days of back-up child care during the twelve (12) month period.
The Employee will be responsible for paying the Nanny at the time of service. Nannies must be paid a 4-hour minimum. Nannies referred to the Employee by the Service are to be paid a minimum of $15.00 per hour. A range of $15.00-20.00 per hour is suggested. Nannies should also be reimbursed for mileage for any job-related driving (excluding commute time). Children must be a minimum of 4 weeks of age.
If the Employee exceeds its back-up child care benefit limit of ten (10) days and requests additional child care within the aforementioned twelve (12) month period, the Employee agrees to pay to the Service those fees specified in the Fee Schedule, attached hereto as Exhibit A (“Fee Schedule”), for any and all temporary child care that is arranged . Any fees that are due will be charged to the credit card provided to the Service at the time of registration.
Any use of any Nanny should be arranged through Nanny Network. During the term of this Agreement, and for a period of three (3) years following its termination or expiration, Employee agrees not to solicit, engage, or hire any Nanny introduced by agency without notifying the agency and paying the applicable fees. In the event Employee hires or contracts with a Nanny referred or introduced by agency, a $5000.00 placement fee will immediately be due and charged to the credit card on file. Breach of this provision of the Agreement by Employee constitutes a material default in this Agreement. Any fees that are due will be charged to the credit card provided to the Service at the time of registration. In addition, the Employee will be responsible for the Annual Membership Fee and all placement fees if Employee exceeds benefit limit or is found to be ineligible for the D.F. Dent back-up child care benefit.
All information obtained by Employee from the Service about a Nanny is confidential and may not be disclosed to any other person. IN ADDITION, NANNIES REFERRED TO EMPLOYEE BY SERVICE MAY NOT BE REFERRED TO ANY THIRD PARTY AT ANY TIME. In the event Employee does refer or share a Nanny referred by the Service, Employee will be responsible for payment to the Service of any and all applicable fees. Breach of this provision of the Agreement by Employee constitutes a material default in this Agreement.
Nannies referred by the Service will be at least eighteen (18) years of age and will work in the Employee’s home or in such other place designated by the Employee only for the purpose of child care. The Nanny shall be deemed to be employed by the Employee, not the Service.
Employee understands that the Service does not guarantee Nanny Placement nor does the Service guarantee that the Employee will be satisfied with Nannies referred by the Service.
Cancellation fees are the responsibility of the Employee. D.F. Dent will not be responsible for any cancellation fees . Once care has been booked, a cancellation fee applies. If cancellations are made with more than 24 hours notice, you’ll be charged 50% of the daily placement fee on your personal credit card. If less than 24 hours notice is provided, the entire daily placement fee will be charged. If Employee cancels care within 2 hours of the start time, an $85.00 cancellation fee will apply. In the event of a Nanny cancellation, the Service will make its best effort to arrange a replacement Nanny for the Employee. However if a replacement Nanny is not found, the entire applicable Placement Fee will not be due and a day of back-up child care will not be charged to the Employee’s benefit account. Cancellations for snow days incur a 100% service fee. If Nanny is unable to get to a job because of weather conditions, family will receive a 1-day credit.
Employee understands that the Employee Release, attached hereto as Exhibit B, is made a part hereof, and the Employee voluntarily and knowingly agrees to its terms.
In the event that the Service employs an attorney to collect any fees due from Employee or to enforce any term of this Agreement or the Employee Release, the Employee shall pay such reasonable attorney fees and costs as are incurred by the Service as a result thereof. Employee shall be liable for such attorney fees whether or not the Service institutes legal proceedings.
Employee agrees to accept Nanny referrals from the Service without regard to age, color, race, sex, creed, national origin, religion, disability or marital status.
The Service exercises its best efforts in conducting criminal background checks of the Nannies. Such background checks rely upon the accuracy, reliability, and content of public records or any other information contained therein. The Service does not warrant or guarantee that any of the public records data is complete.
The Service assumes no responsibility for paying or withholding any federal, state, or local taxes, social security contributions, or insurance premiums required or arising from the nanny’s employment with the Employee. Employee understands that he/she is responsible for all governmental filings, including tax withholdings, overtime pay, and workers compensation.
The Employee agrees that, if the Service finds that the Nanny(ies) is (are) being subjected to exploitative conditions in the Employee’s household, as determined by the Service, in its sole and absolute judgment, the Service may withdraw the Nanny(ies) from the Employer’s household and decline any future child care requests.
The Employee consents to the venue and jurisdiction of the District Court of Maryland for Baltimore County with regard to any legal action instituted to enforce any provision or term of this Agreement. This Agreement shall be interpreted by and subject to the laws of the State of Maryland.
Any modification to this Employee Agreement must be in writing and signed by both the Employee and the Service, with the exception that the fees set forth in Exhibit A (i.e., the Fee Schedule) may be changed at any time during the term of this Agreement at the sole and absolute discretion of the Service.
This Agreement may be executed in counterparts and shall be considered in full force and effect as of the date of execution by the Employee. A photo copy shall be deemed to be an original of the Agreement.
The undersigned has read, understands and agrees to the foregoing Agreement and is signing the same this day of , . The undersigned has received a copy of the foregoing Agreement.
Signature
Authorization to Charge Credit Card: In the event that the Employee, at any time, remits payment to the Service by credit,
debit or charge card(s), the Employee hereby authorizes the Service to process any or all of said card(s)
to collect any amounts due to the service from the Employer.
EXHIBIT A
Temporary Nanny Fee Schedule[1]
Annual Membership Fee (non-refundable fee) $150
Discounted Annual Renewal $100
Member Placement Fees (In addition to Placement Fees listed, Nanny Salary is paid directly to the Nanny by the Client)
Short Term Temp Placements
Daily Weekday Placement Fee (4 hour minimum) $25/day
After 5th Weekday placement in the Month $20/day
Evening and Weekend Placement Fee $15/day
Non-Member Placement Fees (In addition to Placement Fees listed, Nanny Salary is paid directly to the Nanny by the Client)
Daily Weekday Placement Fee (4 hour minimum) $50/day
Overnight Nannies $75/night
Surcharges (Members and Non-Members)
Emergency Placement (less than 24 hours’ notice or Holiday Placement) $15 added
Caregiver Salary (paid directly to Caregiver by Client)
Nanny $15-20/hour
Mileage reimbursement for on-job driving IRS Mileage Rate
Overtime Pay (any hours, exceeding 40 per week, paid to one caregiver) 1.5x Nanny’s Hourly Rate
[1] Temporary Nanny Fee Schedule will apply if Employee desires to use Service once Employee’s back-up child care benefit limit has been exceeded or if Employee desires to use Service for personal use.
EXHIBIT B
THE NANNY NETWORK, LLC
EMPLOYEE RELEASE
The undersigned (hereinafter referred to as the “Employee”) hereby acknowledges that I/we have engaged the services of The Nanny Network, LLC dba The Nanny Network (hereinafter referred to as the “Service”) to refer a child care provider (hereinafter referred to as a “Nanny”) for Employee’s child/children/home for occasional, temporary and/or seasonal care.
Employee understands and acknowledges the Service is not an agent or representative of the Nanny(ies) and that the Service and its directors, officers, members, shareholders, agents and employees are not liable for any loss, damage, expense or injury which the Employee, or any other person, may suffer or incur as a result of the wrongful acts, omissions, or negligence of the Nanny(ies). Employee agrees that the Service is not responsible for events beyond its control.
Employee further acknowledges the potential risks inherent in hiring a Nanny and accepts and assumes any and all risks involved in hiring a Nanny referred by the Service. Accordingly, Employee hereby releases the Service and its officers, directors, members, shareholders, agents and employees from all actions, causes of action, claims and demands for injuries, sickness, damages and death which may be sustained by Employer and/or Employee’s child/children/home as a result of using the Service. Employee does hereby agree to indemnify and save harmless the Service and its directors, officers, members, shareholders, agents and employees of and from all injuries, losses, costs, damages and expenses, including reasonable attorney fees as a result of any legal proceedings arising out of or in any way related to Employee’s use of the Service, and from any claims, of whatsoever nature, the Nanny(ies) may have against the Employee.
The undersigned has read, understands and agrees to the foregoing Replacement Policy and is signing same this
day of
,
.
THE NANNY NETWORK, LLC SERVICE AGREEMENT
THIS SERVICE AGREEMENT, made this
day of
,
,
between The Nanny Network, LLC, a Maryland Limited Liability Company, dba The Nanny Network (hereinafter referred to as the “TNN”), and
(hereinafter referred to as the “Client Employee”).
WHEREAS, The Nanny Network, LLC is a child care staffing agency that recruits, screens, and employs in-home child care providers
(hereinafter referred to as “Agency Caregivers”) for the purpose of backup child care (hereinafter referred to as “Services”); and
WHEREAS, the Client Employee is a benefit-eligible employee of Greater Baltimore Medical Center (hereinafter referred to as“GBMC”) and desires to engage TNN for the purpose of backup child care; and
WHEREAS, TNN and Client Employee are referred to individually as a “Party” and collectively referred to herein as the “Parties.”
NOW THEREFORE, the Parties agree as follows:
Agency Caregivers: All Agency Caregivers who fulfill Client Employee requests shall be employees of TNN, and TNN agrees to assume responsibility for such Agency Caregivers’ recruitment, employment, compensation, management and any tax or employer’s liability therefore. TNN agrees that it will screen all Agency Caregivers prior to their being available to fulfill the Services and only assign Agency Caregivers who have passed TNN’s screening requirements. TNN shall, and shall cause Agency Caregivers to, fulfill their obligations under this Agreement in accordance with generally accepted industry standards for quality backup care. Client Employee understands that TNN does not guarantee fulfillment of Services nor does TNN guarantee that Client Employee will be satisfied with Agency Caregivers.
Services: TNN shall make reasonable efforts to make Agency Caregivers available for temporary jobs 24 hours/day and 7 days/week per the terms of this Agreement. For all same day and next day requests for Services, TNN shall use commercially reasonable efforts to place an Agency Caregiver in the Client Employee’s home within four (4) business hours. TNN shall use all commercially reasonable efforts to fill each Service request promptly and in a manner that as nearly as practicable meets a Client Employee’s request for services. Client Employee understands and agrees that Agency Caregivers only will provide care to children who are six (6) weeks old and older and for a maximum of four (4) children at any one time. Client Employee understands and agrees that although TNN will make reasonable efforts to provide Services to Client Employee, service interruptions may occur.
Fees: GBMC will pay TNN seventeen dollars ($17.00) per hour for each hour an Agency Caregiver is booked for Client Employee, up to a maximum of forty (40) hours per contract year (“Benefit Limit”). Client Employee will be subject to a co-pay in the amount of twelve dollars ($12.00) per hour which TNN will collect via Client Employee’s personal credit card. Client Employee understands and agrees that all requests for Services are subject to a four (4) hour minimum. Unless otherwise stated in this Agreement, all fees are non-refundable, earned in full, and due and payable according to the terms of this Agreement. Client Employee understands and agrees that if any of TNN’s fees or portion thereof become delinquent, Client Employee will no longer be eligible for backup child care through TNN. Client Employee further agrees that TNN will charge interest on the unpaid amount of the fee, and Client Employee agrees to pay TNN this interest. Interest will be calculated by multiplying the unpaid balance by the periodic rate of .667% per month (eight percent [8%] annual percentage rate). Client Employee further understands and agrees that if its account is turned over to an agency or other entity for collection, all fees, costs and interest, including but not limited to attorney’s fees and costs, incurred relating to the collection activity will be added to its original balance and become payable to TNN according to the terms of this Agreement.
Cancellations: In the event that Client Employee cancels a job after an Agency Caregiver has been reserved and TNN has notified Client Employee via e-mail or telephone of such reservation, TNN shall charge Client Employee’s personal credit card a cancellation fee of $35.00 for each cancelled request. If Client Employee cancels a job within twenty-four (24) hours of the scheduled start time, a $50.00 cancellation will apply. If Client Employee cancels a job within two (2) hours of the scheduled start time for the job, TNN shall charge Client Employee’s personal credit card a cancellation fee of $85.00. In the event of an Agency Caregiver cancellation, TNN will make its best effort to arrange a replacement Agency Caregiver for Client Employee. However if a replacement Agency Caregiver is not found, any applicable fees will not be due and the hours of backup child care requested will not be charged to Client Employee’s benefit account. GBMC is not responsible for any cancellation fees.
Non-Solicitation: Client Employee understands and agrees that TNN has incurred considerable expense in recruiting and screening Agency Caregivers. Thus, Client Employee agrees not to communicate with Agency Caregivers directly to schedule additional dates of service without contacting TNN directly. In the event Client Employee exceeds its Benefit Limit or makes direct temporary arrangements with an Agency Caregiver, any and all applicable fees as specified in the Fee Schedule, attached hereto as Exhibit A (“Fee Schedule”) will be due and charged to the credit card on file. Client Employee will be responsible for the Annual Membership Fee, placement fees and caregiver hourly rate if found to be ineligible for the GBMC back-up child care benefit. Further, Client Employee agrees not to solicit any Agency Caregiver placed with Client Employee to work directly or indirectly for himself or another person or entity, for purposes of providing caregiving services on a continual basis. If Client Employee directly or indirectly hires or otherwise engages an Agency Caregiver who worked for Client Employee for continual employment, Client Employee agrees to pay TNN a placement fee in the amount of four thousand dollars ($4,000.00).
Release: Client Employee hereby releases TNN and its members, employees and agents (“TNN Parties”) from and against any and all liabilities which Client Employee or any other person may incur as a result of any action or inaction by an Agency Caregiver employed by TNN. TNN shall only be liable to Client Employee for TNN’s or its agent’s gross negligence or intentional misconduct. Client Employee assumes all other liabilities relating to or arising from this Agreement or the subject matter hereof, including without limitation any investigation or failure to investigate an Agency Caregiver.
Confidentiality: All information obtained by Client Employee from TNN about an Agency Caregiver is confidential and may not be shared with or disclosed to any other person. IN ADDITION, AGENCY CAREGIVERS BOOKED FOR CLIENT EMPLOYEE BY TNN MAY NOT BE REFERRED TO ANY THIRD PARTY AT ANY TIME. In the event Client Employee refers an Agency Caregiver to a third party, Client Employee will be responsible for payment to TNN of any and all applicable placement fees.
Authorizations and Disclosures: Transportation and the administration of medication are not part of the Services and are subject to the terms below. If Client Employee elects in its discretion and at its sole risk to grant such authorizations, Client Employee agrees that it will provide specific requests to the Agency Caregiver in writing.
Transportation: Transportation is not part of the Services. However, solely for Client Employee’s convenience and at its discretion, Client Employee may request that an Agency Caregiver drive its child(ren). In such case, Client Employee understands and agrees that Agency Caregiver’s driving record has not been validated, and neither TNN nor its Affiliates make any representation as to the Agency Caregiver’s driving record or ability. TNN and the respective Agency Caregiver(s) expressly disclaim any and all liability relating to Agency Caregiver’s driving per this authorization, and Client Employee hereby fully releases each of them from any such liability. When Client Employee elects to include transportation, Client Employees agree to pay mileage fees, parking and tolls.
Medications: Agency Caregivers are not medically licensed and will administer medication solely at Client Employee’s written request (specifying name of medication, amount and specific time) and for Client Employee’s convenience. Client Employee understands that administering medications is not included in Services and Client Employee’s authorization is completely within its discretion and at its sole risk. TNN and their respective Agency Caregivers are not responsible for, and each expressly disclaims, any and all liability relating to any actions or omissions of Agency Caregiver with respect to medications, and Client Employee hereby releases each of them from any such liability.
Disclosure of Illness: Client Employee agrees to disclose at the time of requesting Services whether any child to be supervised by an Agency Caregiver has any contagious illnesses or conditions, such as cold/flu, chicken pox, untreated strep throat, conjunctivitis or head lice. TNN and Agency Caregiver reserve the right to refuse to provide the Service if deemed necessary to protect Agency Caregiver or the public health, or to ensure that the child receives the proper care.
Miscellaneous:
In the event TNN employs an attorney to enforce any term of this Agreement, Client Employee shall pay such reasonable attorney fees and costs as are incurred by TNN as a result thereof. Client Employee shall be liable for such attorney fees whether or not TNN institutes legal proceedings.
Client Employee agrees to accept Agency Caregivers without regard to age, color, race, sex, creed, national origin, religion, disability or marital status.
Client Employee agrees that, if TNN finds that Agency Caregiver(s) is (are) being subjected to exploitative conditions in Client Employee’s household, as determined by TNN, in its sole and absolute judgment, TNN may withdraw Agency Caregiver(s) from Client Employee’s household and decline any future child care requests.
Client Employee consents to the venue and jurisdiction of the District Court of Maryland for Baltimore County with regard to any legal action instituted to enforce any provision or term of this Agreement. This Agreement shall be interpreted by and subject to the laws of the State of Maryland.
Any modification to this Service Agreement must be in writing and signed by both the Client Employee and TNN, with the exception that the fees set forth in Exhibit A (i.e., the Fee Schedule) may be changed at any time during the term of this Agreement at the sole and absolute discretion of the Service.
This Agreement may be executed in counterparts and shall be considered in full force and effect as of the date of execution by Client Employee. A photo copy shall be deemed to be an original of the Agreement.
By executing this Agreement, the Parties represent and warrant that they have carefully read this Agreement, fully understand its final and binding effect, and agree to all of the Agreement’s terms and conditions. The signatories below represent and warrant that they have the authority to enter into this Agreement for the Parties.
Signature
Authorization to Charge Credit Card: Client Employee will remit payment to TNN by credit, debit or charge card(s), and hereby authorizes
TNN to process any or all of said card(s) to collect any amounts due to TNN from Client Employee.
EXHIBIT A
Temporary Nanny Fee Schedule
Annual Membership Fee (non-refundable fee)[1] $150
Discounted Annual Renewal $100
Member Placement Fees (In addition to Placement Fees listed, Nanny Salary is paid directly to the Nanny by the Client)
Short Term Temp Placements [2]
Daily Weekday Placement Fee (4 hour minimum) [3] $25/day
After 5 th Weekday placement in the Month $20/day
Evening and Weekend Placement Fee [4] $15/day
Long Term Temp Placements (One Caregiver) [5]
30 hours or less per week (7 days per week) $250/month unlimited access
30 hours or more per week (7 days per week) $350/month unlimited access
Overnight Nannies [6] $40/night (plus Nanny Salary)
Non-Member Placement Fees (In addition to Placement Fees listed, Nanny Salary is paid directly to the Nanny by the Client)
Daily Weekday Placement Fee (4 hour minimum) $50/day
Overnight Nannies $75/night
Surcharges (Members and Non-Members)
Emergency Placement (less than 48 hours’ notice) $10 added
Emergency Placement (less than 24 hours’ notice or Holiday Placement) $15 added
Nanny Salary (paid directly by Client to the Nanny)
Up to two Children $14/hour
Additional Children $1/hour for each additional child
IRS Mileage Rate IRS Mileage Rate
Holiday Pay [7] $18/hour
Overtime Pay (any hours, exceeding 40 per week, paid to one caregiver) 1.5x Nanny’s Hourly Rate
[1] Annual Membership Fees are automatically renewed at $100 (i.e., a 33% discount). If renewed membership is subsequently cancelled,
renewal discount will be forfeited.
[2] Cancellations must be made at least 24 hours in advance to avoid a service fee. If Client cancels with 24 hours’ notice, a refund in the amount
of the Temporary Fees, less a 50% service fee, will be issued. If 24 hours’ notice is not given, a refund will not be issued and a 100% service fee
will be charged. In addition to a 100% service fee, any cancellations within 3 hours of the scheduled start time will incur a charge of 4 hours of
the nanny’s hourly rate. Those 4 hours will be charged to the Client’s credit card on file and Nanny Network will forward the payment to the
caregiver on behalf of the Client.
[3] Cancellations for snow days incur a 100% service fee. If nanny is unable to get to a job because of weather conditions, the family will
receive a one-day credit toward future use of the service.
[4] For evening placements, there is a 3-hour minimum and child care must start at 6:00 pm or later
[5] Temporary clients are required to pay household employer taxes if they pay a temporary nanny more than $1000 in a calendar quarter or
$2000 in a calendar year.
[6] Overnight booking fee covers care that takes place for 24 hours or less.
[7] Holidays are New Year’s Day, Easter, Memorial Day, Independence Day, Labor Day, Rosh Hashanah, Yom Kippur, Thanksgiving, Christmas
Eve, Christmas Day, and New Year’s Eve.
THE NANNY NETWORK, LLC SERVICE AGREEMENT
THIS SERVICE AGREEMENT, made this
day of
,
,
between The Nanny Network, LLC, a Maryland Limited Liability Company, dba The Nanny Network (hereinafter referred to as the “TNN”), and
(hereinafter referred to as the “Client Employee”).
WHEREAS, The Nanny Network, LLC is a child care staffing agency that recruits, screens, and employs in-home child care providers
(hereinafter referred to as “Agency Caregivers”) for the purpose of backup child care (hereinafter referred to as “Services”); and
WHEREAS, the Client Employee is a benefit-eligible employee of Gilman School (hereinafter referred to as”Gilman”) and desires to engage
TNN for the purpose of backup child care; and
WHEREAS, TNN and Client Employee are referred to individually as a “Party” and collectively referred to herein as the “Parties.”
NOW THEREFORE, the Parties agree as follows:
Agency Caregivers: All Agency Caregivers who fulfill Client Employee requests shall be employees of TNN, and TNN agrees to
assume responsibility for such Agency Caregivers’ recruitment, employment, compensation, management and any tax or
employer’s liability therefore. TNN agrees that it will screen all Agency Caregivers prior to their being available to fulfill the
Services and only assign Agency Caregivers who have passed TNN’s screening requirements. TNN shall, and shall cause Agency
Caregivers to, fulfill their obligations under this Agreement in accordance with generally accepted industry standards for quality
backup care. Client Employee understands that TNN does not guarantee fulfillment of Services nor does TNN guarantee that Client
Employee will be satisfied with Agency Caregivers.
Services: TNN shall make reasonable efforts to make Agency Caregivers available for temporary jobs 24 hours/day and 7
days/week per the terms of this Agreement. For all same day and next day requests for Services, TNN shall use commercially
reasonable efforts to place an Agency Caregiver in the Client Employee’s home within four (4) business hours. TNN shall use all
commercially reasonable efforts to fill each Service request promptly and in a manner that as nearly as practicable meets a Client
Employee’s request for services. Client Employee understands and agrees that Agency Caregivers only will provide care to children
who are six (6) weeks old and older and for a maximum of four (4) children at any one time. Client Employee understands and
agrees that although TNN will make reasonable efforts to provide Services to Client Employee, service interruptions may occur.
Fees: Gilman will pay TNN twenty-two dollars ($22.00) per hour for each hour an Agency Caregiver is booked for Client Employee,
up to a maximum of thirty (30) hours per contract year (“Benefit Limit”). Client Employee will be subject to a co-pay in the amount
of eight dollars ($8.00) per hour which TNN will collect via Client Employee’s personal credit card. Client Employee understands
and agrees that all requests for Services are subject to a four (4) hour minimum. Unless otherwise stated in this Agreement, all fees
are non-refundable, earned in full, and due and payable according to the terms of this Agreement. Client Employee understands
and agrees that if any of TNN’s fees or portion thereof become delinquent, Client Employee will no longer be eligible for backup
child care through TNN. Client Employee further agrees that TNN will charge interest on the unpaid amount of the fee, and Client
Employee agrees to pay TNN this interest. Interest will be calculated by multiplying the unpaid balance by the periodic rate of
.667% per month (eight percent [8%] annual percentage rate). Client Employee further understands and agrees that if its account
is turned over to an agency or other entity for collection, all fees, costs and interest, including but not limited to attorney’s fees and
costs, incurred relating to the collection activity will be added to its original balance and become payable to TNN according to the
terms of this Agreement.
Cancellations: In the event that Client Employee cancels a job after an Agency Caregiver has been reserved and TNN has notified
Client Employee via e-mail or telephone of such reservation, TNN shall charge Client Employee’s personal credit card a cancellation
fee of $35.00 for each cancelled request. If Client Employee cancels a job within two (2) hours of the scheduled start time for the
job, TNN shall charge Client Employee’s personal credit card a cancellation fee of $85.00. In the event of an Agency Caregiver
cancellation, TNN will make its best effort to arrange a replacement Agency Caregiver for Client Employee. However if a
replacement Agency Caregiver is not found, any applicable fees will not be due and the hours of backup child care requested will
not be charged to Client Employee’s benefit account. Gilman is not responsible for any cancellation fees.
Non-Solicitation: Client Employee understands and agrees that TNN has incurred considerable expense in recruiting and
screening Agency Caregivers. Thus, Client Employee agrees not to communicate with Agency Caregivers directly to schedule
additional dates of service without contacting TNN directly. In the event Client Employee exceeds its Benefit Limit or makes direct
temporary arrangements with an Agency Caregiver, any and all applicable fees as specified in the Fee Schedule, attached hereto as
Exhibit A (“Fee Schedule”) will be due and charged to the credit card on file. Client Employee will be responsible for the Annual
Membership Fee, placement fees and caregiver hourly rate if found to be ineligible for the Gilman back-up child care benefit.
Further, Client Employee agrees not to solicit any Agency Caregiver placed with Client Employee to work directly or indirectly for
himself or another person or entity, for purposes of providing caregiving services on a continual basis. If Client Employee directly
or indirectly hires or otherwise engages an Agency Caregiver who worked for Client Employee for continual employment, Client
Employee agrees to pay TNN a placement fee in the amount of four thousand dollars ($4,000.00).
Release: Client Employee hereby releases TNN and its members, employees and agents (“TNN Parties”) from and against any and
all liabilities which Client Employee or any other person may incur as a result of any action or inaction by an Agency Caregiver
employed by TNN. TNN shall only be liable to Client Employee for TNN’s or its agent’s gross negligence or intentional misconduct.
Client Employee assumes all other liabilities relating to or arising from this Agreement or the subject matter hereof, including
without limitation any investigation or failure to investigate an Agency Caregiver.
Confidentiality: All information obtained by Client Employee from TNN about an Agency Caregiver is confidential and may not be
shared with or disclosed to any other person. IN ADDITION, AGENCY CAREGIVERS BOOKED FOR CLIENT EMPLOYEE BY TNN MAY
NOT BE REFERRED TO ANY THIRD PARTY AT ANY TIME. In the event Client Employee refers an Agency Caregiver to a third party,
Client Employee will be responsible for payment to TNN of any and all applicable placement fees.
Authorizations and Disclosures : Transportation and the administration of medication are not part of the Services and are subject
to the terms below. If Client Employee elects in its discretion and at its sole risk to grant such authorizations, Client Employee
agrees that it will provide specific requests to the Agency Caregiver in writing.
Transportation: Transportation is not part of the Services. However, solely for Client Employee’s convenience and at its discretion,
Client Employee may request that an Agency Caregiver drive its child(ren). In such case, Client Employee understands and agrees
that Agency Caregiver’s driving record has not been validated, and neither TNN nor its Affiliates make any representation as to the
Agency Caregiver’s driving record or ability. TNN and the respective Agency Caregiver(s) expressly disclaim any and all liability
relating to Agency Caregiver’s driving per this authorization, and Client Employee hereby fully releases each of them from any such
liability. When Client Employee elects to include transportation, Client Employees agree to pay mileage fees, parking and tolls.
Medications: Agency Caregivers are not medically licensed and will administer medication solely at Client Employee’s written
request (specifying name of medication, amount and specific time) and for Client Employee’s convenience. Client Employee
understands that administering medications is not included in Services and Client Employee’s authorization is completely within
its discretion and at its sole risk. TNN and their respective Agency Caregivers are not responsible for, and each expressly disclaims,
any and all liability relating to any actions or omissions of Agency Caregiver with respect to medications, and Client Employee
hereby releases each of them from any such liability.
Disclosure of Illness: Client Employee agrees to disclose at the time of requesting Services whether any child to be supervised by
an Agency Caregiver has any contagious illnesses or conditions, such as cold/flu, chicken pox, untreated strep throat, conjunctivitis
or head lice. TNN and Agency Caregiver reserve the right to refuse to provide the Service if deemed necessary to protect Agency
Caregiver or the public health, or to ensure that the child receives the proper care.
Miscellaneous:
In the event TNN employs an attorney to enforce any term of this Agreement, Client Employee shall pay such reasonable attorney
fees and costs as are incurred by TNN as a result thereof. Client Employee shall be liable for such attorney fees whether or not TNN
institutes legal proceedings.
Client Employee agrees to accept Agency Caregivers without regard to age, color, race, sex, creed, national origin, religion, disability
or marital status.
Client Employee agrees that, if TNN finds that Agency Caregiver(s) is (are) being subjected to exploitative conditions in Client
Employee’s household, as determined by TNN, in its sole and absolute judgment, TNN may withdraw Agency Caregiver(s) from
Client Employee’s household and decline any future child care requests.
Client Employee consents to the venue and jurisdiction of the District Court of Maryland for Baltimore County with regard to any
legal action instituted to enforce any provision or term of this Agreement. This Agreement shall be interpreted by and subject to
the laws of the State of Maryland.
Any modification to this Service Agreement must be in writing and signed by both the Client Employee and TNN, with the exception
that the fees set forth in Exhibit A (i.e., the Fee Schedule) may be changed at any time during the term of this Agreement at the sole
and absolute discretion of the Service.
This Agreement may be executed in counterparts and shall be considered in full force and effect as of the date of execution by
Client Employee. A photo copy shall be deemed to be an original of the Agreement.
By executing this Agreement, the Parties represent and warrant that they have carefully read this Agreement, fully understand its
final and binding effect, and agree to all of the Agreement’s terms and conditions. The signatories below represent and warrant
that they have the authority to enter into this Agreement for the Parties.
Signature
Authorization to Charge Credit Card: Client Employee will remit payment to TNN by credit, debit or charge card(s), and hereby authorizes
TNN to process any or all of said card(s) to collect any amounts due to TNN from Client Employee.
EXHIBIT A
Temporary Nanny Fee Schedule
Annual Membership Fee (non-refundable fee)[1] $150
Discounted Annual Renewal $100
Member Placement Fees (In addition to Placement Fees listed, Nanny Salary is paid directly to the Nanny by the Client)
Short Term Temp Placements [2]
Daily Weekday Placement Fee (4 hour minimum) [3] $25/day
After 5 th Weekday placement in the Month $20/day
Evening and Weekend Placement Fee [4] $15/day
Long Term Temp Placements (One Caregiver) [5]
30 hours or less per week (7 days per week) $250/month unlimited access
30 hours or more per week (7 days per week) $350/month unlimited access
Overnight Nannies [6] $40/night (plus Nanny Salary)
Non-Member Placement Fees (In addition to Placement Fees listed, Nanny Salary is paid directly to the Nanny by the Client)
Daily Weekday Placement Fee (4 hour minimum) $50/day
Overnight Nannies $75/night
Surcharges (Members and Non-Members)
Emergency Placement (less than 48 hours’ notice) $10 added
Emergency Placement (less than 24 hours’ notice or Holiday Placement) $15 added
Nanny Salary (paid directly by Client to the Nanny)
Up to two Children $14/hour
Additional Children $1/hour for each additional child
IRS Mileage Rate IRS Mileage Rate
Holiday Pay [7] $18/hour
Overtime Pay (any hours, exceeding 40 per week, paid to one caregiver) 1.5x Nanny’s Hourly Rate
[1] Annual Membership Fees are automatically renewed at $100 (i.e., a 33% discount). If renewed membership is subsequently cancelled,
renewal discount will be forfeited.
[2] Cancellations must be made at least 24 hours in advance to avoid a service fee. If Client cancels with 24 hours’ notice, a refund in the amount
of the Temporary Fees, less a 50% service fee, will be issued. If 24 hours’ notice is not given, a refund will not be issued and a 100% service fee
will be charged. In addition to a 100% service fee, any cancellations within 3 hours of the scheduled start time will incur a charge of 4 hours of
the nanny’s hourly rate. Those 4 hours will be charged to the Client’s credit card on file and Nanny Network will forward the payment to the
caregiver on behalf of the Client.
[3] Cancellations for snow days incur a 100% service fee. If nanny is unable to get to a job because of weather conditions, the family will
receive a one-day credit toward future use of the service.
[4] For evening placements, there is a 3-hour minimum and child care must start at 6:00 pm or later
[5] Temporary clients are required to pay household employer taxes if they pay a temporary nanny more than $1000 in a calendar quarter or
$2000 in a calendar year.
[6] Overnight booking fee covers care that takes place for 24 hours or less.
[7] Holidays are New Year’s Day, Easter, Memorial Day, Independence Day, Labor Day, Rosh Hashanah, Yom Kippur, Thanksgiving, Christmas
Eve, Christmas Day, and New Year’s Eve.
SERVICE AGREEMENT
THIS SERVICE AGREEMENT, made this
day of
,
,
between The Nanny Network, LLC, a Maryland Limited Liability Company, d/b/a The Nanny Network (hereinafter referred to as the “Nanny Network”) and
(hereinafter, whether one or more person(s), called the “Client”).
WHEREAS, The Nanny Network, LLC is a business that refers prospective nannies (hereinafter referred to as “Nannies”) to clients for the clients to interview and potentially employ; and
WHEREAS, the Client desires to use Nanny Network and receive referrals of prospective Nannies to interview and potentially employ.
NOW THEREFORE, the parties agree as follows:
Client will submit a non-refundable Annual Membership Fee of $150.00 to Nanny Network for which Nanny Network will recruit prospective Nannies and provide referrals of Nannies for potential temporary employment by the Client for a period of twelve (12) months. Annual Membership Fees for the Temporary nanny service are automatically renewed and charged to the Client’s credit card and can be canceled at any time. A 33% discount off the Annual Membership Fee will be given at the time of automatic renewal. If renewed membership is subsequently canceled, renewal discount will be forfeited.
The Nanny Network will recruit and refer prospective Nannies for consideration for employment by the Client but cannot guarantee it will place a Nanny with the Client. Payment of the Annual Membership Fee does not guarantee that a Nanny will be placed with the Client or that the Client will be satisfied with any Nanny referred to Client.
Placement Fees for temporary-daily placement, attached hereto as Exhibit A , will be charged to the Client’s credit card at the time of referral and in advance of the temporary care. Once care has been booked, if Client cancels with at least 24 hours’ notice, a refund in the amount of the Temporary Fees, less a service fee (equaling 50% of the total Temporary Fee owed), will be issued. If 24 hours’ notice is not given, a refund will not be issued and the entire Temporary Fee owed will be charged. In addition to said cancellation fee, any cancellations within 3 hours of the scheduled start time will incur a charge of 4 hours of the nanny’s hourly rate. Those 4 hours will be charged to the Client’s credit card on file and Nanny Network will forward the payment to the caregiver on behalf of the Client.
In the event of a Nanny cancellation, Nanny Network will make its best effort to arrange a replacement Nanny for the Client. However if a replacement Nanny is not found, the entire applicable Placement Fee will be refunded to the Client’s credit card, with the exception of snow days. If a Nanny cancels because of snow or other inclement weather, Client will receive a 100% credit of the Temporary Fees to be used toward future use of the service. If Client cancels because of snow or other inclement weather, a refund will not be issued and the entire Temporary Fees will be charged. TEMPORARY DAILY PLACEMENT FEES ARE ADDITIONAL TO OTHER PLACEMENT FEES AND MAY NOT BE APPLIED TO REDUCE ANY OTHER PLACEMENT FEES.
In the event Client hires a Nanny referred or introduced by Nanny Network for continual employment, Client is obligated to inform Nanny Network and pay the applicable Permanent Placement Fee. If a Nanny is hired on a temporary, after-school, or seasonal basis but Client later upgrades that status, Client is responsible to notify Nanny Network immediately and pay any applicable Placement Fee. In no event will the Placement Fees be reduced if Client lessens the hours of Nanny’s use.
Any use of any Nanny should be arranged through Nanny Network. During the term of this Agreement, and for a period of three (3) years following its termination or expiration, Client agrees not to solicit, engage, or hire any Nanny introduced by agency without notifying the agency and paying the applicable fees. In the event Client hires or contracts with a Nanny referred or introduced by agency, a $6000.00 placement fee will immediately be due and charged to the credit card on file. Breach of this provision of the Agreement by Client constitutes a material default in this Agreement.
All information obtained by Client from Nanny Network about a Nanny is confidential and may not be disclosed to any other person, nor may Client share a Nanny referred by Nanny Network with any third party. NANNIES REFERRED TO CLIENT BY NANNY NETWORK MAY NOT BE REFERRED TO ANY THIRD PARTY AT ANY TIME. In the event Client does refer or share a Nanny referred by Nanny Network, Client will be responsible for payment to Nanny Network of applicable Placement Fees. Breach of this provision of the Agreement by Client constitutes a material default in this Agreement.
Nannies referred by Nanny Network will be at least eighteen (18) years of age and will work in the Client’s home or in such other place designated by the Client only for the purpose of child, companion, house or pet care. The Nanny shall be deemed the employee of the Client, and, at no time, shall be deemed an employee of the Nanny Network.
A late charge equal to one and one-half percent (1 ½ %) per month will be charged and added to the total amount due for those fees not paid by the due date. Client will pay to the Nanny Network $35.00 for each bank-returned check.
Client must provide to Nanny Network a valid credit card number, including expiration date, as a guarantee of payment, and Client hereby authorizes Nanny Network to place charges on that account in accordance with this Agreement and the attached Schedule.
Client understands that the Client Release, attached hereto as Exhibit B , is made a part hereof, and the Client voluntarily and knowingly agrees to its terms.
In the event that Nanny Network employs an attorney to collect any fees due from Client or to enforce any term of this Agreement or the Client Release, Client shall pay such reasonable attorney fees and costs as are incurred by Nanny Network as a result thereof. Client shall be liable for such attorney fees whether or not Nanny Network institutes legal proceedings.
Additionally, if the Client violates the Client Release and said violation results in a monetary loss to the Nanny Network, then Nanny Network shall be entitled to the monetary loss plus interest at the rate of one and one-half percent (1 ½%) per month or the maximum amount allowed by law, whichever is greater, on the outstanding balance due to Nanny Network starting from the date of the violation by the Client to the date the outstanding balance is paid.
Nanny Network refers Nannies on a permanent, temporary or seasonal basis, and Client agrees to accept such Nanny referrals, without regard to age, color, race, sex, creed, national origin, religion, disability or marital status.
Nanny Network exercises its commercially reasonable efforts in conducting criminal background checks of the Nannies. Such background checks rely upon the accuracy, reliability, and content of public records or any other information contained therein. The Nanny Network does not warrant or guarantee that any of the public records data is complete.
Nanny Network or the Client may terminate this Agreement at any time. Any fees due and owing the Nanny Network are payable immediately upon termination of this Agreement.
The relationship between Nanny Network and Client is that of independent contractors and not of employer-employee, partners or joint venture participants. Nanny Network assumes no responsibility for paying or withholding any federal, state, or local taxes, social security contributions, or insurance premiums required or arising from the nanny’s employment with the Client. Client understands that he/she is responsible for all governmental filings, including tax withholdings, overtime pay, and workers compensation.
Client agrees that, if Nanny Network finds that the Nanny(ies) is (are) being subjected to exploitative conditions in the Client’s household, as determined by the Nanny Network, in its sole and absolute judgment, the Nanny Network may withdraw the Nanny(ies) from the Client’s household. In said event, Client shall not be entitled to replacement or refunds of any fees pursuant to this Agreement.
Client consents to the venue and jurisdiction of the District Court of Maryland for Baltimore County with regard to any legal action instituted to enforce any provision or term of this Agreement. This Agreement shall be interpreted by and subject to the laws of the State of Maryland.
Any modification to this Client Agreement must be in writing and signed by both Client and Nanny Network, with the exception that the fees set forth in Exhibit A (i.e., the Fee Schedule) may be changed at any time during the term of this Agreement at the sole and absolute discretion of Nanny Network.
This Agreement may be executed in counterparts and shall be considered in full force and effect as of the date of execution by the Client.
A photo copy shall be deemed to be an original of the Agreement.
The undersigned has read, understands and agrees to the foregoing Agreement and is signing the same this
day of
,
. The undersigned has received a copy of the foregoing Agreement.
EXHIBIT A Fee Schedule
EXHIBIT B CLIENT RELEASE
The undersigned (hereinafter referred to as the “Client”) hereby acknowledges that I/we have engaged
the services of The Nanny Network, LLC, dba The Nanny Network (hereinafter referred to as “Nanny
Network”) to refer a child care provider (hereinafter referred to as a “Nanny”) for Client’s
child/children/home for occasional, temporary and/or seasonal care.
Client understands and acknowledges Nanny Network is not an agent or representative of the
Nanny(ies) and that Nanny Network and its directors, officers, members, shareholders, agents and
employees are not liable for any loss, damage, expense or injury which the Client, or any other person,
may suffer or incur as a result of the wrongful acts, omissions, or negligence of the Nanny(ies). Client
agrees that Nanny Network is not responsible for events beyond its control.
Client further acknowledges the potential risks inherent in hiring a Nanny and accepts and assumes any
and all risks involved in hiring a Nanny referred by Nanny Network. Accordingly, Client hereby releases
Nanny Network and its officers, directors, members, shareholders, agents and employees from all
actions, causes of action, claims and demands for injuries, sickness, damages and death which may be
sustained by Client and/or Client’s child/children/home as a result of using Nanny Network. Client does
hereby agree to indemnify and save harmless Nanny Network and its directors, officers, members,
shareholders, agents and employees of and from all injuries, losses, costs, damages and expenses,
including reasonable attorney fees as a result of any legal proceedings arising out of or in any way
related to Client’s use of the Nanny Network, and from any claims, of whatsoever nature, the Nanny(ies)
may have against the Client.
The undersigned has read, understands and agrees to the foregoing Replacement Policy and is signing same this
day of
,
Signature:
SERVICE AGREEMENT
THIS SERVICE AGREEMENT, made this
day of
,
,
between The Nanny Network, LLC, a Maryland Limited Liability Company, d/b/a The Nanny Network (hereinafter referred to as the “Nanny Network”) and
(hereinafter, whether one or more person(s), called the “Client”).
WHEREAS, The Nanny Network, LLC is a business that refers prospective nannies and family assistants (hereinafter referred to as “Nannies”) to clients for the clients to interview and potentially employ; and
WHEREAS, the Client desires to use Nanny Network and receive referrals of prospective Nannies to interview and potentially employ.
NOW THEREFORE, the parties agree as follows:
Client will submit a non-refundable Retainer of $350.00 to Nanny Network for which Nanny Network will recruit prospective Nannies and provide referrals of Nannies for potential permanent employment by the Client. An hourly consulting fee of $75.00 per hour will be charged once Client’s 60-minute consult has been exceeded. Time will be billed in 15-minute increments.
Retainer includes a one-year membership to Nanny Network temporary nanny service, along with access to Sidekick [1] services.
Nanny Network will recruit prospective Nannies and refer Nannies to Client for consideration for employment by the Client but cannot guarantee it will place a Nanny with the Client. Payment of the initial Application Fee does not guarantee that a Nanny will be placed with the Client or that Client will be satisfied with any Nanny referred to Client.
If Client hires a Nanny referred by Nanny Network, Client shall pay to Nanny Network a Placement Fee in the amount of , due upon hire [2] .
Any use of any Nanny should be arranged through Nanny Network. During the term of this Agreement, and for a period of three (3) years following its termination or expiration, Client agrees not to solicit, engage, or hire any Nanny introduced by agency without notifying the agency and paying the applicable fees. In the event Client hires or contracts with a Nanny referred or introduced by agency, a $5000.00 placement fee will immediately be due and charged to the credit card on file. Breach of this provision of the Agreement by Client constitutes a material default in this Agreement.
Nanny Network will invoice Client upon hire of a permanent Nanny. If Nanny Network does not receive payment by Client by the specified due date, Client’s credit card on file will be charged for the amount specified on the invoice. Client authorizes charges to the credit card on file for any outstanding balance due to Nanny Network.
It is Client’s responsibility to disclose all prospective Nannies’ (first and last) names that Client has been in contact with outside of the Service, both at the onset and during the course of the referral/interview process. If Client objects to paying a Placement Fee for a specific Nanny on the belief the Client knew the Nanny at the time of referral, Client shall remain liable for any applicable Placement Fee unless, within two (2) business days after the referral, Client notifies Nanny Network of its preexisting relationship with the Nanny and provides evidence of the same.
All information obtained by Client from Nanny Network about a Nanny is confidential and may not be disclosed to any other person, nor may Client share a Nanny referred by Nanny Network with any third party. NANNIES REFERRED TO CLIENT BY NANNY NETWORK MAY NOT BE REFERRED TO FAMILY OR FRIENDS. If Client does refer or share a Nanny referred by Nanny Network, Client will be responsible for payment to the Nanny Network of applicable Placement Fees. Breach of this provision of the Agreement by Client constitutes a material default in this Agreement.
Nannies referred by Nanny Network will be at least eighteen (18) years of age and will work in the Client’s home or in such other place designated by Client only for the purpose of child, house or pet care. The Nanny shall be deemed the employee of the Client, and, at no time, shall be deemed an employee of Nanny Network. Client is also responsible for the nanny’s schedule, duties, and supervision as outlined in the Nanny Family Agreement.
A late charge equal to one and one-half percent (1 ½ %) per month or the maximum charge allowed by law, whichever is lower, will be charged and added to the total amount due for those fees not paid by the due date. Client will pay to Nanny Network $35.00 for each bank-returned check.
Client must provide to Nanny Network a valid credit card number, including expiration date, as a guarantee of payment, and Client hereby authorizes Nanny Network to place charges on that account in accordance with this Service Agreement.
Client understands that the Client Release, attached hereto as Exhibit B , is made a part hereof, and the Client voluntarily and knowingly agrees to its terms. The Client further acknowledges receipt of and agrees to Nanny Network’s Replacement Policy, which is incorporated herein by reference and will apply to this Service Agreement.
Temporary Placement Fees (if applicable) will be charged to Client’s credit card at the time of referral and in advance of any temporary care. Temporary fees are outlined in the Fee Schedule, attached hereto as Exhibit A . If cancellations are made with more than 24 hours notice, you’ll receive a refund of 50% of the temporary placement fee. If less than 24 hours notice is provided, the entire temporary placement fee will be charged. TEMPORARY DAILY PLACEMENT FEES ARE ADDITIONAL TO OTHER PLACEMENT FEES AND MAY NOT BE APPLIED TO REDUCE ANY OTHER PLACEMENT FEES.
If Nanny Network employs an attorney or collections service to collect any fees due from Client or to enforce any term of this Agreement or the Client Release, Client shall pay such reasonable attorney fees and costs as are incurred by Nanny Network as a result thereof. Client shall be liable for such attorney fees whether or not Nanny Network institutes legal proceedings.
Additionally, if Client violates the Client Release and said violation results in a monetary loss to Nanny Network, Nanny Network shall be entitled to the monetary loss plus interest at the rate of one and one half percent (1 ½%) per month or the maximum amount allowed by law, whichever is greater, on the outstanding balance due Nanny Network starting from the date of the violation by Client to the date the outstanding balance is paid.
Nanny Network refers Nannies on a permanent, temporary or seasonal basis, and Client agrees to accept such Nanny referrals, without regard to age, color, race, sex, creed, national origin, religion, disability or marital status.
Nanny Network exercises its commercially reasonable efforts in conducting criminal background checks of the Nannies. Such background checks rely upon the accuracy, reliability, and content of public records or any other information contained therein. Nanny Network does not warrant or guarantee that any of the public records data is complete.
Nanny Network or Client may terminate this Agreement at any time. Any fees due and owing Nanny Network are payable immediately upon termination of this Agreement.
The relationship between Nanny Network and Client is that of independent contractors and not of employer employee, partners or joint venture participants. Nanny Network assumes no responsibility for paying or withholding any federal, state, or local taxes, social security contributions, or insurance premiums required or arising from the Nanny’s employment with Client. Client is responsible for all governmental filings, including tax withholdings, overtime pay, and workers compensation.
Client agrees that, if Nanny Network finds that the Nanny(ies) is (are) being subjected to exploitative conditions in Client’s household, as determined by Nanny Network, in its sole and absolute judgment, Nanny Network may withdraw the Nanny(ies) from the Client’s household. In said event, Client shall not be entitled to replacement or refunds of any fees pursuant to this Agreement.
Client consents to the venue and jurisdiction of the District Court of Maryland for Baltimore County with regard to any legal action instituted to enforce any provision or term of this Agreement. This Agreement shall be interpreted by and subject to the laws of Maryland.
Any modification to this Service Agreement must be in writing and signed by both the Client and Nanny Network.
This Agreement may be executed in counterparts and shall be considered in full force and effect as of the date of execution by the Client. A photocopy shall be deemed to be an original of the Agreement.
[1] Sidekick offers household support in the form of laundry service, errand service, and household management.
[2] Hire is considered complete, and therefore Placement Fee is due, upon Client review of background check results.
The undersigned has read, understands and agrees to the foregoing Agreement and is signing the same this
day of
,
. The undersigned has received a copy of the foregoing Agreement.
EXHIBIT A Fee ScheduleClassic Service
Retainer (non-refundable) $350[1]
Classic Placement Fee(non-refundable, due upon hire)
Nanny Share[3] (per family)
Temporary Nanny Service
Annual Membership Fee (non-refundable fee)[4] $150
Discounted Annual Renewal $100
Member Placement Fees (In addition to Placement Fees listed, Nanny Salary is paid directly to the Nanny by the Client)
Short Term Temp Placements [5]
Daily Weekday Placement Fee (4 hour minimum) [6] $35 /day
After 5th Weekday placement in the Month $30 /day
Evening and Weekend Placement Fee [7] $25 /day
Long Term Temp Contracts [8] [9]
1-3 months 15% discount
4-6 months 20% discount
7-9 months 25% discount
10-12 months 30% discount
Non-Member Placement Fees (In addition to Placement Fees listed, Nanny Salary is paid directly to the Nanny by the Client)
Daily Weekday Placement Fee (4 hour minimum) $50 /day
Overnight Nannies [10] $75 /night
Surcharges (Members and Non-Members)
Emergency Placement (less than 24 hours’ notice or Holiday Placement[11] ) $15 added
Caregiver Salary (paid directly to Caregiver by Client)
Nanny, Up to two Children $14 /hour
Family Assistant, Up to two Children $18 /hour
Additional Children $1/hour for each additional child
IRS Mileage Rate IRS Mileage Rate
Overtime Pay (any hours, exceeding 40 per week, paid to one caregiver) 1.5x Nanny’s Hourly
[1] Retainer serves as a non-refundable deposit and includes a one-year membership to Temporary Membership Service which includes Sidekick household management services. Retainer will be credited toward placement fee, due upon hire.
[3] $500 retainer due per family
[4] Annual Membership Fees for Sidekick and Nanny Network temporary services are automatically renewed at $100 (i.e., a 33% discount). If renewed membership is subsequently cancelled,
renewal discount will be forfeited.
[5] Cancellations incur a 50% service fee and must be made at least 24 hours in advance; otherwise, if the cancellation is made within 24 hours of the job, a 100% service fee will be charged.
[6] Cancellations for snow days incur a 100% service fee. If nanny is unable to get to a job because of weather conditions, the family will
receive a one-day credit toward future use of the service.
[7] For evening placements, there is a 3-hour minimum and child care must start at 6:00 pm or later
[8] Discounts available for clients who book a long-term temp nanny and pay up front, at the time of booking confirmation. Daily placement fee for long-term temporary contracts equal to $25 per day.
[9]Temporary clients are required to pay household employer taxes if they pay a temporary nanny more than $1000 in a calendar quarter or $2000 in a calendar year.
[10] Overnight booking fee covers care that takes place for 24 hours or less.
[11] Holidays are New Year’s Day, Easter, Memorial Day, Independence Day, Labor Day, Rosh Hashanah, Yom Kippur, Thanksgiving, Christmas
Eve, Christmas Day, and New Year’s Eve.
EXHIBIT B CLIENT RELEASE
The undersigned (hereinafter referred to as the “Client”) hereby acknowledges that I/we have engaged the services of The Nanny Network, LLC, d/b/a The Nanny Network (hereinafter referred to as the “Nanny Network”) to refer a caregiver (hereinafter referred to as a “Nanny”) for Client’s child/children/home for occasional, temporary and/or permanent care.
Client acknowledges it is Client’s responsibility to interview any Nanny referred by Nanny Network and to perform an independent inquiry and investigation into each Nanny’s references and background prior to a final selection of any such Nanny. The parties agree that Client has the right to review and receive copies of any information obtained by Nanny Network about any prospective Nanny referred by the Nanny Network.
Client understands and acknowledges Nanny Network is not an agent or representative of the Nanny(ies) and Nanny Network and its directors, officers, members, shareholders, agents and employees are not liable for any loss, damage, expense or injury which the Client, or any other person, may suffer or incur as a result of the wrongful acts, omissions, or negligence of the Nanny(ies). Client agrees that the Nanny Network is not responsible for events beyond its control including, without limitation, a Nanny’s unavailability due to moving away, sickness, personality conflicts, injury emergency situations or death in the family. Client further acknowledges the potential risks inherent in hiring a Nanny and accepts and assumes any and all risks involved in hiring a Nanny referred by Nanny Network. Accordingly, Client hereby releases the Nanny Network and its officers, directors, members, shareholders, agents and employees from all actions, causes of action, claims and demands for injuries, sickness, damages and death which may be sustained by Client and/or Client’s child/children/home as a result of using Nanny Network. Client does hereby agree to indemnify and save harmless the Nanny Network and its directors, officers, members, shareholders, agents and employees of and from all injuries, losses, costs, damages and expenses, including reasonable attorney fees as a result of any legal proceedings arising out of or in any way related to Client’s use of Nanny Network, and from any claims, of whatsoever nature, the Nanny(ies) may have against the Client.
The undersigned has read, understands and agrees to the foregoing Replacement Policy.
CLASSIC REPLACEMENT POLICY
In accordance with the SERVICE AGREEMENT:
Placement of a Nanny is guaranteed for ninety (90) days from the first date of employment. If a Nanny’s employment by Client terminates within the first thirty (30) days of employment, the Nanny Network will refer additional candidates to Client, if Client desires such referrals. If Client should hire a replacement candidate, the Nanny Network will credit 100% of the Placement Fee paid by the Client towards a replacement Nanny provided the Job Description does not change.
If a Nanny’s employment by Client terminates between the thirty-first (31st) and sixtieth (60th) days of employment, the Nanny Network will refer additional candidates to Client, if Client desires such referrals. If Client should hire a replacement candidate, the Nanny Network will credit 75% of the Placement Fee paid by the Client towards a replacement Nanny provided the Job Description does not change.
If a Nanny’s employment by Client terminates between the sixy-first (61st) and ninetieth (90th) days of employment, the Nanny Network will refer additional candidates to Client, if Client desires such referrals. If Client should hire a replacement candidate, the Nanny Network will credit 50% of the Placement Fee paid by the Client towards a replacement Nannyprovided the Job Description does not change.
No refunds of any Placement Fees will be given. Placement Fees will be credited to Client’s account where they may be used by Client within twelve (12) months of the Nanny’s start date to offset a future Placement Fee for a replacement Nanny.
The replacement policy provided herein by Nanny Network shall be null and void if the Nanny Network does not receive a fully executed Nanny/Family Agreement before the Nanny’s first date of employment, with all fees due to the Nanny Network being paid in full within the time frames specified on the invoice.
The replacement policy provided herein by the Nanny Network shall be null and void if the Nanny Network finds that the Nanny is being subjected to exploitative conditions in Client’s household, as determined by the Nanny Network, in its sole and absolute judgment.
Nanny Network will refer candidates for one replacement nanny only.
Nanny Network cannot guarantee Client will be satisfied with any Nanny referred to Client for replacement.
Signature:
SERVICE AGREEMENT
THIS SERVICE AGREEMENT, made this
day of
,
,
between The Nanny Network, LLC, a Maryland Limited Liability Company, d/b/a The Nanny Network (hereinafter referred to as the “Nanny Network”) and
(hereinafter, whether one or more person(s), called the “Client”).
WHEREAS, The Nanny Network, LLC is a business that refers prospective nannies and family assistants (hereinafter referred to as “Nannies”) to clients for the clients to interview and potentially employ; and
WHEREAS, the Client desires to use Nanny Network and receive referrals of prospective Nannies to interview and potentially employ.
NOW THEREFORE, the parties agree as follows:
Client will submit a non-refundable Retainer (“Retainer”) of $350.00 to Nanny Network for which Nanny Network will recruit prospective Nannies and provide referrals for potential permanent or temporary employment by the Client. Upon hire, the Retainer will be credited toward the Placement Fee (“Placement Fee”). Retainer includes a one-year membership to Nanny Network temporary service and Sidekick services.
Nanny Network will recruit prospective Nannies and refer to Client for consideration for employment by the Client but cannot guarantee it will place a Nanny with the Client. Payment of the initial Retainer does not guarantee that a Nanny will be placed with the Client or that Client will be satisfied with any Nanny referred to Client.
If Client hires a Nanny referred by Nanny Network, Client shall pay to Nanny Network the Placement Fee specified in the Fee Schedule attached hereto as Exhibit A (“Fee Schedule”), and made a part hereof. Placement Fee is due upon hire.
Any use of any Nanny should be arranged through Nanny Network. During the term of this Agreement, and for a period of three (3) years following its termination or expiration, Client agrees not to solicit, engage, or hire any Nanny introduced by agency without notifying the agency and paying the applicable fees. In the event Client hires or contracts with a Nanny referred or introduced by agency, a $6000.00 placement fee will immediately be due and charged to the credit card on file. Breach of this provision of the Agreement by Client constitutes a material default in this Agreement.
In the event Client makes direct temporary arrangements with a Nanny, Nanny Network must be notified within 24 hours of care, in which case the regular Temporary Placement Fee will apply. If Nanny Network is notified 24 hours or more after the care, a daily fee plus a $10 penalty per day will apply.
It is Client’s responsibility to disclose all prospective Nannies’ (first and last) names that Client has been in contact with outside of the Service, both at the onset and during the course of the referral/interview process. If Client objects to paying a Placement Fee for a specific Nanny on the belief the Client knew the Nanny at the time of referral, Client shall remain liable for any applicable Placement Fee unless, within two (2) business days after the referral, Client notifies Nanny Network of its preexisting relationship with the Nanny and provides evidence of the same.
Client must provide to Nanny Network a valid credit card number, including expiration date and security code, as a guarantee of payment, and Client hereby authorizes Nanny Network to place charges on that account in accordance with this Service Agreement.
Nanny Network will invoice Client upon hire of a permanent Nanny. If Nanny Network does not receive payment by Client by the specified due date, Client’s credit card on file will be charged for the amount specified on the invoice and Replacement Policy will be null and void.
All information obtained by Client from Nanny Network about a Nanny is confidential and may not be disclosed to any other person, nor may Client share a Nanny referred by Nanny Network with any third party. NANNIES REFERRED TO CLIENT BY NANNY NETWORK MAY NOT BE REFERRED TO FAMILY OR FRIENDS. If Client does refer or share a Nanny referred by Nanny Network, Client will be responsible for payment to the Nanny Network of applicable Placement Fees. Breach of this provision of the Agreement by Client constitutes a material default in this Agreement.
Nannies referred by Nanny Network will be at least eighteen (18) years of age and will work in the Client’s home or in such other place designated by Client only for the purpose of child, house or pet care. The Nanny shall be deemed the employee of the Client, and, at no time, shall be deemed an employee of Nanny Network. Client is also responsible for the nanny’s schedule, duties, and supervision as outlined in the Nanny Family Agreement.
A late charge equal to one and one-half percent (1 ½ %) per month or the maximum charge allowed by law, whichever is greater, will be charged and added to the total amount due for those fees not paid by the due date.
Client will pay to Nanny Network $35.00 for each bank-returned check.
Temporary Placement Fees (if applicable), as described in Exhibit A, will be charged to Client’s credit card at the time of referral and in advance of the temporary care. If a Nanny has been booked and Client cancels with less than 24 hours’ notice, a refund in the amount of the Temporary Placement Fees, less a 50% service fee,, will be issued. If 24 hours’ notice is not given, a refund will not be issued and the entire Temporary Placement Fees will be charged. TEMPORARY DAILY PLACEMENT FEES ARE ADDITIONAL TO OTHER PLACEMENT FEES AND MAY NOT BE APPLIED TO REDUCE ANY OTHER PLACEMENT FEES.
Client understands that the Client Release, attached hereto as Exhibit B, is made a part hereof, and the Client voluntarily and knowingly agrees to its terms. The Client further acknowledges receipt of and agrees to Nanny Network’s Replacement Policy, which is incorporated herein by reference and will apply to this Service Agreement.
If Nanny Network employs an attorney or collections service to collect any fees due from Client or to enforce any term of this Agreement or the Client Release, Client shall pay such reasonable attorney fees and costs as are incurred by Nanny Network as a result thereof. Client shall be liable for such attorney fees whether or not Nanny Network institutes legal proceedings.
Additionally, if Client violates the Client Release and said violation results in a monetary loss to Nanny Network, Nanny Network shall be entitled to the monetary loss plus interest at the rate of one and one half percent (1 ½%) per month or the maximum amount allowed by law, whichever is greater, on the outstanding balance due Nanny Network starting from the date of the violation by Client to the date the outstanding balance is paid.
Nanny Network refers Nannies on a permanent, temporary or seasonal basis, and Client agrees to accept such Nanny referrals, without regard to age, color, race, sex, creed, national origin, religion, disability or marital status.
Nanny Network exercises its commercially reasonable efforts in conducting criminal background checks of the Nannies. Such background checks rely upon the accuracy, reliability, and content of public records or any other information contained therein. Nanny Network does not warrant or guarantee that any of the public records data is complete.
Nanny Network or Client may terminate this Agreement at any time. Any fees due and owing Nanny Network are payable immediately upon termination of this Agreement.
The relationship between Nanny Network and Client is that of independent contractors and not of employer employee, partners or joint venture participants. Nanny Network assumes no responsibility for paying or withholding any federal, state, or local taxes, social security contributions, or insurance premiums required or arising from the Nanny’s employment with Client. Client is responsible for all governmental filings, including tax withholdings, overtime pay, and workers compensation.
Client agrees that, if Nanny Network finds that the Nanny(ies) is (are) being subjected to exploitative conditions in Client’s household, as determined by Nanny Network, in its sole and absolute judgment, Nanny Network may withdraw the Nanny(ies) from the Client’s household. In said event, Client shall not be entitled to replacement or refunds of any fees pursuant to this Agreement.
Client consents to the venue and jurisdiction of the District Court of Maryland for Baltimore County with regard to any legal action instituted to enforce any provision or term of this Agreement. This Agreement shall be interpreted by and subject to the laws of Maryland.
Any modification to this Service Agreement must be in writing and signed by both the Client and Nanny Network.
This Agreement may be executed in counterparts and shall be considered in full force and effect as of the date of execution by the Client. A photocopy shall be deemed to be an original of the Agreement.
The undersigned has read, understands and agrees to the foregoing Agreement and is signing the same this
day of
,
.
EXHIBIT A Fee ScheduleConcierge Service
Retainer (non-refundable) $350[1]
Concierge Placement Fee(non-refundable, due upon hire) 15% of nanny’s annual gross salary [2]
Nanny Share[3] 8% of nanny’s annual gross salary (per family)
Temporary Nanny Service
Annual Membership Fee (non-refundable fee)[4] $150
Discounted Annual Renewal $100
Member Placement Fees (In addition to Placement Fees listed, Nanny Salary is paid directly to the Nanny by the Client)
Short Term Temp Placements [5]
Daily Weekday Placement Fee (4 hour minimum) [6] $35 /day
After 5th Weekday placement in the Month $30 /day
Evening and Weekend Placement Fee [7] $25 /day
Long Term Temp Contracts [8] [9]
1-3 months 15% discount
4-6 months 20% discount
7-9 months 25% discount
10-12 months 30% discount
Non-Member Placement Fees (In addition to Placement Fees listed, Nanny Salary is paid directly to the Nanny by the Client)
Daily Weekday Placement Fee (4 hour minimum) $50 /day
Overnight Nannies [10] $75 /night
Surcharges (Members and Non-Members)
Emergency Placement (less than 24 hours’ notice or Holiday Placement[11] ) $15 added
Caregiver Salary (paid directly to Caregiver by Client)
Nanny, Up to two Children $14 /hour
Family Assistant, Up to two Children $18 /hour
Additional Children $1/hour for each additional child
IRS Mileage Rate IRS Mileage Rate
Overtime Pay (any hours, exceeding 40 per week, paid to one caregiver) 1.5x Nanny’s Hourly
[1] Retainer serves as a non-refundable deposit and includes a one-year membership to Temporary Membership Service which includes Sidekick household management services. Retainer will be credited toward placement fee, due upon hire.
[2] Minimum placement fee of $4000.
[3] $500 retainer due per family
[4] Annual Membership Fees for Sidekick and Nanny Network temporary services are automatically renewed at $100 (i.e., a 33% discount). If renewed membership is subsequently cancelled,
renewal discount will be forfeited.
[5] Cancellations incur a 50% service fee and must be made at least 24 hours in advance; otherwise, if the cancellation is made within 24 hours of the job, a 100% service fee will be charged.
[6] Cancellations for snow days incur a 100% service fee. If nanny is unable to get to a job because of weather conditions, the family will
receive a one-day credit toward future use of the service.
[7] For evening placements, there is a 3-hour minimum and child care must start at 6:00 pm or later
[8] Discounts available for clients who book a long-term temp nanny and pay up front, at the time of booking confirmation. Daily placement fee for long-term temporary contracts equal to $25 per day.
[9]Temporary clients are required to pay household employer taxes if they pay a temporary nanny more than $1000 in a calendar quarter or $2000 in a calendar year.
[10] Overnight booking fee covers care that takes place for 24 hours or less.
[11] Holidays are New Year’s Day, Easter, Memorial Day, Independence Day, Labor Day, Rosh Hashanah, Yom Kippur, Thanksgiving, Christmas
Eve, Christmas Day, and New Year’s Eve.
EXHIBIT B CLIENT RELEASE
The undersigned (hereinafter referred to as the “Client”) hereby acknowledges that I/we have engaged the services of The Nanny Network, LLC, d/b/a The Nanny Network (hereinafter referred to as the “Nanny Network”) to refer a caregiver (hereinafter referred to as a “Nanny”) for Client’s child/children/home for occasional, temporary and/or permanent care.
Client acknowledges it is Client’s responsibility to interview any Nanny referred by Nanny Network and to perform an independent inquiry and investigation into each Nanny’s references and background prior to a final selection of any such Nanny. The parties agree that Client has the right to review and receive copies of any information obtained by Nanny Network about any prospective Nanny referred by the Nanny Network.
Client understands and acknowledges Nanny Network is not an agent or representative of the Nanny(ies) and Nanny Network and its directors, officers, members, shareholders, agents and employees are not liable for any loss, damage, expense or injury which the Client, or any other person, may suffer or incur as a result of the wrongful acts, omissions, or negligence of the Nanny(ies). Client agrees that the Nanny Network is not responsible for events beyond its control including, without limitation, a Nanny’s unavailability due to moving away, sickness, personality conflicts, injury emergency situations or death in the family. Client further acknowledges the potential risks inherent in hiring a Nanny and accepts and assumes any and all risks involved in hiring a Nanny referred by Nanny Network. Accordingly, Client hereby releases the Nanny Network and its officers, directors, members, shareholders, agents and employees from all actions, causes of action, claims and demands for injuries, sickness, damages and death which may be sustained by Client and/or Client’s child/children/home as a result of using Nanny Network. Client does hereby agree to indemnify and save harmless the Nanny Network and its directors, officers, members, shareholders, agents and employees of and from all injuries, losses, costs, damages and expenses, including reasonable attorney fees as a result of any legal proceedings arising out of or in any way related to Client’s use of Nanny Network, and from any claims, of whatsoever nature, the Nanny(ies) may have against the Client.
The undersigned has read, understands and agrees to the foregoing Replacement Policy.
CONCIERGE REPLACEMENT POLICY
In accordance with the SERVICE AGREEMENT:
The Replacement Policy for the Concierge Service incorporates the one hundred twenty (120) days from the first date of employment. If a Nanny’s employment by Employer terminates within the first sixty (60) days of employment, the Service will credit 100% of the Placement Fee paid by the Employer towards the Placement Fee for a replacement Nanny, provided the Job Description does not change.
If a Nanny’s employment by Employer terminates between the sixty-first (61) to one hundred twentieth (120th) day of the first day of employment, the Service will credit 75% of the Placement Fee paid by the Employer toward the Placement Fee for a replacement Nanny, provided the Job Description does not change . The Employer will be responsible for payment of the remaining Placement Fee.
No refunds of any Placement Fees will be given. Placement Fees will be credited to Employer’s account where they may be used by Employer within twelve (12) months to offset a future Placement Fee for a replacement Nanny.
The replacement policy provided herein by the Service shall be null and void if the Service does not receive a fully executed Nanny/Family Agreement, a copy of which has been provided to the Employer, within five (5) days of the Nanny’s first date of employment, with all fees due the service being paid in full within the time frames specified on the invoice.
Service will refer candidates for one replacement nanny only.
Signature:
I have read, understand, and agree to the terms and conditions. I understand and agree that checking the box above constitutes my electronic signature and is intended to have the same force and effect as a manual signature.
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