SERVICE AGREEMENT
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:
1. Client will submit a non-refundable Application or Membership Fee of $______ to Nanny Network for which Nanny Network will recruit prospective Nannies and provide referrals of Nannies for potential permanent or 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 renewal. If renewed membership is subsequently canceled, renewal discount will be forfeited and a 100% refund will be issued provided Client has not used the service since the time of renewal.
2. 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 or the Membership 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.
3. If Client hires a Nanny referred by Nanny Network, Client shall pay to Nanny Network those Placement Fees specified in the Fee Schedule attached hereto as Exhibit A (“Fee Schedule”), and made a part hereof. If a Nanny is hired on a part-time, temporary or seasonal basis but Client later upgrades that status, Client is responsible to notify Nanny Network immediately and pay any applicable difference in Placement Fees for that placement. In no event will the Placement Fees specified in the Fee Schedule be reduced if Client lessens the hours of that Nanny works for Client. 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.
4. 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 additional Placement Fees. Breach of this provision of the Agreement by Client constitutes a material default in this Agreement.
5. 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, 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 Nanny Network.
6. All Placement Fees owed to Nanny Network are DUE UPON HIRE and are NON-REFUNDABLE (see Replacement Policy). 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.
7. Client will pay to Nanny Network $35.00 for each bank returned check.
8. 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 Fee Agreement and the attached Schedule.
9. Placement Fees for temporary-daily placement will be charged to the Client’s credit card at the time of referral and in advance of the temporary care. Cancellations must be made at least 24 hours in advance to avoid a cancellation fee. If Client cancels with proper notice, a refund in the amount of the Temporary Fees, less the cancellation fee (equaling 50% of the total Temporary Fees charged), will be issued. If proper notice is not given, a refund will not be issued and the entire Temporary Fees will be charged. In the event of a nanny cancellation, the 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 due to snow or other inclement weather, a 50% service fee will still be charged. THESE TEMPORARY FEES FOR TEMPORARY-DAILY PLACEMENT ARE ADDITIONAL TO OTHER PLACEMENT FEES AND MAY NOT BE APPLIED TO REDUCE ANY OTHER PLACEMENT FEES.
10. 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 the Nanny Network’s Replacement Policy, which is incorporated herein by reference and will apply to this Fee Agreement.
11. 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.
12. 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.
13. 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.
14. 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.
15. 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.
16. 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.
17. 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 the 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.
18. 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.
19. Any modification to this Services Agreement must be in writing and signed by both the 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.
20. 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.
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 care giver (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.