Service Agreement

Service Agreement

This Service Agreement (“Agreement”) is entered into between Loving Nannies,Inc. (“Loving Nannies”) and Client. Loving Nannies is a professional referral service engaged in the placement of caregivers , including nannies, newborn specialists, babysitters, and mother’s helpers (collectively referred to as “Caregiver”). Client is a family in need of Caregiver services, who seeks to engage Loving Nannies to provide pre-screened Caregiver referrals. This Agreement is effective as of the date of Client’s signature hereto.

1. Scope of Services. Loving Nannies locates, screens and interviews prospective Caregivers to provide referrals to Client. Loving Nannies provides Client with profiles and contact information of prospective Caregivers for Client to interview and employ. Upon Client’s notification to Loving Nannies of a Caregiver selection, Loving Nannies will initiate a background check for the selected Caregiver. The background check includes a Social Security Number Trace, Address History Search, National Criminal and Sex Offender Check, County Criminal Searches and a Department of Motor Vehicles Report (the “Background Check”). Any additional background checks or services will not be included in Loving Nannies’ fee and will be charged separately.
2. Client Selection of Caregiver. Client decides which candidates they would like to interview with, and Client makes the ultimate decision regarding the employment of Caregivers. While Loving Nannies screens candidate Caregivers, Client is responsible for checking references, interviewing, selection, and for the results experienced with the hired Caregiver. Client agrees not to commence any Caregiver’s employment until Loving Nannies has completed the background check and submitted the results to Client. Any hiring of a Caregiver by Client without notification to Loving Nannies shall be a material breach of this Agreement. Client is solely responsible for reviewing and interpreting the background check results, and Loving Nannies does not provide counseling services regarding background check results. If the Caregiver has registered through the third-party Trustline service, Loving Nannies will provide the Trustline report to aid with Client’s investigation. Loving Nannies does not warrant or represent that any Caregivers have completed the Trustline registration.
3. Client Employment of Caregiver. Client will create an employer-employee relationship with the hired Caregiver. Client is responsible for negotiating compensation with the Caregiver, and for complying with all applicable employment laws, including by not limited to social security, health insurance, tax withholding, worker’s compensation, or unemployment insurance. Loving Nannies is a referral resource, and does not directly or indirectly employ Caregivers in any form, and it does not render employment, tax or legal advice to Client.
4. Paid Trial Period. Client shall notify Loving Nannies upon the commencement of any Trial Period. Client may try out any Caregiver referred by Loving Nannies for up to two days, with the exception of our newborn care specialists who are one day or one overnight. All Caregivers will be paid the irregular hourly rate during the trial. If Client continues to use the Caregiver after the trial period, a charge of $50 per day will be due until the placement fee is paid. This $50 fee per day will then be added onto the placement fee when Client’s credit card is charged.
5. Fees to Loving Nannies. A non-refundable Application Fee of $250 is charged to commence the Caregiver search. The Application Fee is charged regardless of whether the Client ultimately hires a Caregiver. Any fees paid to Loving Nannies are separate from wages paid by Client to Caregiver, and wages are negotiable between Client and Caregiver. If Client meets and/or employs any Caregiver referred by Loving Nannies, they agree not to refer the Caregiver to any other person(s) for a period of two years, or they will pay Loving Nannies an additional placement fee.
   
   Upon hiring or booking a Caregiver, the following placement fee is owed to Loving Nannies.
   
   Full-time or Specialty Caregiver (over 30hours/week) $5,000
   Part-time Caregiver (under 29 hours/week) $3,000
   Live-in Caregiver or Nanny/Housekeeper $6,500
   Babysitter (under 10 hours/week) 25% of babysitter’s annual pay or minimum of $2,000
   Newborn Care Specialist 25% of NCS gross pay or minimum of $2,000 (whichever is greater)
   Temporary Nanny 25% of nanny’s pay or minimum $1,000 per assignment ( <150 hours total)
   (The minimum fee for any nanny placement is $2,000. Anything over one month is regular price unless approved by the owner.)
   
   *Ongoing overnight newborn care specialist and temporary nanny fees are determined by the owner. Please inquire within for a quote. Fees for newborn care specialists will be paid upfront as soon as they are booked for your job. Client’s credit card on file will be charged the placement fee upon confirmation that Client has hired a Caregiver referred by Loving Nannies. This payment will include the cost of a background check (if the nanny doesn’t already have Trustline).
6. Caregiver Substitution. If Client is not fully satisfied with the Caregiver within 1 year or 365 days of the commencement of employment, Loving Nannies will attempt to provide replacement services for one additional Caregiver. No placement fee will be charged for substitution services. Client must give Loving Nannies ample time to find a replacement, no less than 45 days. The job description and requirements must remain the same or another placement fee will be required. Loving Nannies will refer no less than two replacement Caregivers. The substitution clause will be deemed void if the original Caregiver is subjected to unreasonable or illegal working conditions, or if Client fails to pay Caregiver for services rendered.
7. Limitation of Liability. Loving Nannies accepts no responsibility for Client’s selection of any Caregiver, or for any Caregiver’s conduct or performance. Loving Nannies is a referral service only and is not liable for claims arising from theft, property damage, improper care, crime, bad judgment, any and all claims related to COVID-19 or any other wrongful actions by a Caregiver. Client will use their own judgment drawn from their personal interview, own verification of references and work trial days. Loving Nannies does not bond or insure any Caregiver. Client employs the Caregiver, not Loving Nannies. Client holds Loving Nannies and its officers, directors, shareholders, employees, agents and attorneys harmless for any claims arising out of the employment of any Caregiver referred to Client.
8. COVID-19 Waiver of Liability. Due to COVID-19, some of our normal screening practices such as interviewing nannies in person may be temporarily halted due to safety precautions. In lieu, nannies will be thoroughly vetted through phone and/or video calls. All other screening measures will remain the same. Client agrees to take all reasonable and necessary precautions to protect themselves and others from the spread of COVID-19. Client is voluntarily allowing the nanny and/or nannies to enter their home to interview, conduct a trial and/or work. Client understands that the nanny will be in close contact with themselves and their child(ren). Client acknowledges that there are certain risks associated with COVID-19 and that they are assuming a risk by allowing nannies in their home. Client agrees that they will inform the nanny, after the date this document is signed, if there is a change in their own health condition or knowledge that potentially puts others at risk or invalidates the representations made in this document. Client acknowledges the contagious nature of COVID-19 and understands that due to some people being asymptomatic that a nanny could unknowingly expose the Client/family/child(ren) and that such exposure or infection may result in personal injury, illness, permanent disability and even death. Additionally, Client/family/child(ren) could unknowingly expose the nanny. Clien thereby releases, discharges, holds harmless, and agrees not to sue Loving Nannies, its employees, agents, and representatives for any claims related to COVID-19.
9. Dispute Resolution. In the event of any dispute arising out of or related to this Agreement, the judicial action shall be located in the North County Division of the Superior Court of San Diego. The prevailing party shall be entitled to reasonable attorney’s fees and costs. If the action is disputed in small claims court, the prevailing party shall be entitled to reasonable attorney’s fees incurred in preparing for the hearing.
10. Choice of Law. This Agreement shall be governed by the laws of the State ofCalifornia.
11. Entire Agreement. This Agreement constitutes the entire agreement between the parties, and any prior or contemporaneous agreements or understandings, written or oral, are merged into and superseded by this Agreement.
12. Modification. This Agreement can only be modified in writing, signed by both parties. Any oral modifications are invalid.
13. Unenforceability of Terms. If any provision of this Agreement is found to be unenforceable by a court, that provision shall be stricken and the remainder of this Agreement shall remain valid and binding.