List in DETAIL What Housekeeping Duties Will Be Expected Of The
Nanny:
What Type Of Discipline Methods Are Used In Your Home?
What Qualities In A Nanny Are Most Important To You?
Need Nanny to work (Check all that apply)
Tyler Nanny Services
Family-Agency Agreement
This Agreement is made this:
Day:
Year:
, between Tyler Nanny Services, hereinafter called “Tyler Nanny Services”,
and the Client.
Please Check Each Paragraph Box To Indicate You Have
Read & Understand It
1.The Client will provide Tyler Nanny Services with a written and reasonably specific list of job duties and expectations of the nanny (Family Application). Tyler Nanny Services will endeavor to identify and refer nannies, which meet the criteria of the Client, which have been
identified in the Family Application.
2.Upon request of the Client, Tyler Nanny Services will facilitate the
discussions between the Client and the nanny applicant concerning
employment terms. These discussions may include, but are not limited to,
the topics of compensation, work schedule, vacations, duties, benefits,
and other matters that might be contained in a work agreement between the
Client and the nanny applicant.
.
3.It is understood and agreed that Tyler Nanny Services is not the
Employee or the Employer in this agreement. The Client's selection for
employment of a nanny will be coupled with Tyler Nanny Service's
assistance in helping you, the Client, in defining your relationship with
the nanny.
4.The Client agrees to pay Tyler Nanny Services the $150.00 application
fee plus half of the placement fee in the amount of $900.00 when the
application is completed and submitted to Tyler Nanny Services. The
$900.00 balance of placement fee shall be paid in full to Tyler Nanny
Services when the formal offer is made to the nanny applicant. (ALL FEES
ARE NON-REFUNDABLE) You are welcome to pay your fees via cash, personal
check, or cashier's check. Your nanny can begin employment once your
check has been cleared.
5.If payment is not received by the date required in this agreement, the
Client agrees to the imposition of a LATE PAYMENT CHARGE by Tyler Nanny
Services at the rate of 1.5% per month, or the maximum allowed by law, on
the unpaid balance, along with Tyler Nanny Services, costs of collection,
including attorney's fees & court costs. The Client also agrees that if
the placement fee is not received by the date required, Tyler Nanny
Services may, at its discretion declare this contract null and void, and
any monies collected from the Client will be deemed non-refundable.
6. GUARANTEE: Tyler Nanny Services, will make every reasonable effort to
secure satisfactory nanny applicants for the Client. In the event that
the employment of a permanent nanny, secured with the assistance of Tyler
Nanny Services is terminated prematurely, Tyler Nanny Services will
replace the nanny one time during the first 6 months at no additional
charge.
Tyler Nanny Services will make only one replacement referral free of
charge under the ninety-day guarantee. HOWEVER, SHOULD TERMINATION OF
EMPLOYMENT OCCUR BY REASON OF MISDESCRIPTION OR MISREPRESENTATION
CONCERNING THE DUTIES, COMPENSATION OR TREATMENT OF THE NANNY APPLICANT OR
IF YOU REFUSE TO SIGN A WORK AGREEMENT OUTLINING THE NANNY'S WORK HOURS,
PAY AND DUTIES, THIS REPLACEMENT CLAUSE IS VOID AND WILL BE CONSIDERED A
BREACH OF CONTRACT BY THE CLIENT.
7.The Client shall, at all times, have the right to refuse hiring any
candidate being considered during the placement process.
The Client understands that the nanny applicant alone is responsible for
her/his actions; that the nanny applicant is not an employee of Tyler
Nanny Services and Tyler Nanny Services assumes no responsibility for any
act or omission of the nanny applicant either prior to or after employment
with the Client has commenced. The Client understands and agrees that
although Tyler Nanny Services has assisted the Client in referring a nanny
or child caretaker to work in the Client's home, Tyler Nanny Services
cannot predict the candidate's future behavior or performance and only the
Client can assess the nanny's competence and appropriateness for the
Client's position. The Client also understands that she/he takes full
responsibility for the decisions to hire and to continue to employ the
nanny and that the role of Tyler Nanny Services limited to supplying
applicants for the Client's consideration and performing background checks
on the hired applicant. All background checks are available to Client.
8.Tyler Nanny Services agrees to perform a driver's license check, a
social security trace, past address history, criminal background check,
and a sex offender check.
9..The Client will receive one drug test free of charge to use at any time
during the term of the nannies assignment. This may be used at the
beginning of employment or at anytime you wish. The client needs to call
our office to schedule this.
10.Tyler Nanny Services cannot be a guarantor of the honesty or
reliability of the nanny nor is Tyler Nanny Services an agent of the
nanny or vice versa. Accordingly, the Client hereby releases and agrees
to hold Tyler Nanny Services, its directors, officers, employees,
successors, and assigns, harmless from any act of nonfeasance,
misfeasance, or malfeasance by the nanny, nor will the Client hold Tyler
Nanny Services, its directors, officers, employees, successors, and
assigns, liable for any other claim which she/he may have.
11.The Client agrees to fully indemnify and hold Tyler Nanny Services, it
directors, officers, employees, successors, and assigns, harmless from
any and all claims, demands, losses, liabilities, damages or expenses for
investigation or attorney's fees arising out of, or in any way related
to, this agreement, including any personal injury or property damage.
12.The Client understands that the long-term employment relationship is
strengthened by weekly, as well as daily, discussions between the nanny
and the supervising parent, and agrees to assume all supervisory
responsibilities regarding the performance of the nanny candidate.
13.Tyler Nanny Service's placement fee includes assistance in developing
the Work Agreement. As the nanny's employer, you, the Client, are solely
responsible for any income tax withholding, FICA payments, as well as any
additional taxes or insurance payments required by law.
14.The Client agrees to refrain from making any private agreement with
the nanny candidate or from taking any action which is inconsistent with
this agreement or which has the effect of avoiding any of the Client's
obligations hereunder. Such private agreements and actions include, but
are not limited to, actions that would enable the Client or any other
person to avoid payment of the registration and/or placement fees due to
Tyler Nanny Services. (For example, if the Client gives the name of the
nanny or a friend of the nanny to another person who subsequently employs
the nanny or a friend of the nanny.) If the Client or any person known to
the Client offers a nanny or a friend of the nanny a position trying to
avoid the placement fee, there will be a $5000.00 charge for liquidated
damages EVEN if the nanny declines the offer.
15.If the Client decides to employ a nanny obtained with the assistance
of Tyler Nanny Services, the Client understands and agrees that the nanny
will not start to work until all fees owed to Tyler Nanny Services are
paid in full or unless a prior written agreement has been made between
the Client and Tyler Nanny Services.
16.This Agreement contains the entire agreement between Tyler Nanny
Services and the Client, and no statements, promises, or inducements made
by either party or agent of either party that is not contained in this
written Agreement shall be valid or binding; and this contract may not be
enlarged, modified, or altered except in writing, signed by the parties
herein.
17.It is understood and agreed that if any part, term or provision of
this Agreement is held by a court to be illegal or in conflict with any
law of the State of Texas the validity of the remaining terms of this
Agreement shall not be altered, and the rights and obligations of the
parties shall be construed and enforced as if the contract did not
contain the part, term, or provision held invalid.
18.This agreement will be binding only upon the parties herein and shall
not include any third party nor shall Tyler Nanny Services be a party to
any agreement entered into between the Client and the nanny.
Client’s Name
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