1. The Client will provide CN with a written and reasonably specific list of job duties and expectations of the in-home child care nanny.
   
   
2. CN will make its best efforts to recruit in-home nanny applicants and will conduct a reasonable background check of the applicants supplied to the Client for an interview. CN encourages the Client to review the applicant's file and to take whatever steps necessary to verify the nanny applicant's credentials, including the utilization of a private investigation agency.
   
   
3. Upon request of the Client, CN 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.
   
   
4. It is understood and agreed that CN is not the Employee or the Employer in this agreement. The Client's selection for employment of a nanny will be coupled with CN's assistance in helping you, the Client, in defining your relationship with the nanny.
   
   
5. The Client agrees to pay CN a registration fee of ___________ upon execution of this agreement. This registration fee is non-refundable.
   
   
6. The Client agrees to pay CN one-half of the referral fee prior to interviewing nanny applicants. The remaining balance of the referral fee is due when the formal offer is made to the nanny applicant. The total referral fee is ___________.
   
   
7. If the referral fee is not received by the date required in this agreement, the Client agrees to the imposition of a LATE PAYMENT CHARGE by CN at the rate of 1-1/2% per month, or the maximum allowed by law, on the unpaid balance, along with CN's costs of collection, including attorney's fees & court costs. The Client also agrees that if the referral fee is not received by the date required, CN may, at its direction, declare this contract null and void, and any monies collected from the Client will be deemed non-refundable.
   
   
8. GUARANTEE: CN 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 CN is terminated prematurely, prorated fees for additional services are as follows:
   • First ninety days: No additional charges to replace one nanny.
   • Ninety-one through one hundred and twenty days: Nanny replacement for an additional referral fee of ___________.
   • One Hundred-twenty through three hundred and sixty-five days: 90% of the current referral fee.
   • After one year: 95% of the current referral fee will be charged for returning families.

     CN 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 REPLACE AT NO COST CLAUSE IS VOID AND WILL BE CONSIDERED A BREACH OF CONTRACT BY THE CLIENT.

   • The Client shall, at all times, have the right to refuse hiring any candidate being considered during the referral process.

   
   

9. The Client understands that the nanny applicant alone is responsible for her/his actions; that the nanny applicant is not an employee of CN and CN 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 CN has assisted the Client in referring a nanny or child caretaker to work in the Client's home, CN cannot predict the candidate's future behavior or performance and only the Client can assess the nanny's or caretaker'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 or caretaker and that the role of CN is limited to supplying applicants for the Client's consideration and performing a limited background check of the applicant.
   
   
10. CN cannot be a guarantor of the honesty or reliability of the nanny nor is CN an agent of the nanny or vice versa. Accordingly, the Client hereby releases and agrees to hold CN, its directors, officers, employees, successors, and assigns, harmless from any act of nonfeasance, misfeasance, or malfeasance by the nanny, nor will the Client hold CN, 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 CN, 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 whether such liabilities, claims or demands arise out of the negligent acts of CN or from some other cause.
    
    
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. If interviewing a nanny from out of town, the Client agrees to incur transportation costs for the nanny. This may include costs for airline, train, or bus transportation, gasoline reimbursement, taxicabs, etc. However, transportation costs will not be incurred without prior approval by the Client. In addition, any other expenses incurred by the Client or the nanny candidate in the course of this referral (i.e. telephone calls, transportation, or lodging) are the responsibility of the Client and the nanny candidate and should be agreed upon by those two parties before being incurred. All other costs associated with employment of a nanny are the Client's responsibility, and should be defined in the Client's Work Agreement with the nanny. CN's referral 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 laws governing your state of residence.
    
    
14. The term of the FAMILY AGREEMENT shall be for a period of 120 days, commencing with the date of this Agreement. At the end of the 120-day period, in the absence of a nanny referral, all referral fees paid to CN, less CN expenses, shall be returned to the Client. Work and referral coordination time is calculated at $85 per hour, plus telephone and other administrative expenses. This Agreement may be terminated by the Client or CN at any time prior to its expiration point by giving written notice of termination to the other party. However, early termination of this Agreement does not relieve the Client of her/his obligation to pay CN for referral coordination time plus any additional administrative expenses incurred to date.
    
    
15. 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 which would enable the Client or any other person to avoid payment of the registration and/or referral fees due to CN, as, 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.
    
    
16. If the Client decides to employ a nanny obtained with the assistance of CN, the Client understands and agrees that the nanny will not start to work until all fees owed to CN are paid in full or unless a prior written agreement has been made between the Client and CN.
    
    
17. This Agreement contains the entire agreement between CN 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 hereon.
    
    
18. 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.
    
    
19. It is understood and agreed that this contract shall be governed by the laws of the State of Texas. It is further agreed that any controversy or claim arising out of or relating to this contract shall be settled by arbitration in accordance with the rules of the American Arbitration Association and judgement upon the award rendered may be entered in any court having jurisdiction thereof, provided, however, that the arbitration proceedings shall be conducted within Bexar County or Travis County, Texas.
    
    
20. This agreement will be binding only upon the parties hereto and shall not include any third party nor shall CNSA be a party to any agreement entered into between the Client and the nanny.
    
    

The Family Agreement must be accompanied by the Family Application, located here.

For your immediate convenience, we will accept this form over the internet.
However, we require that you print this out and sign the signature areas on this page.

You can fax it to: 210-822-3018
or mail it to:

If in San Antonio: P.O. Box 6326 San Antonio, Texas 78209-6326
Our San Antonio phone number is: 210-66-NANNY (666-2669)

If in Austin: P.O. Box 7005 Austin, Texas 7005
Our Austin phone number is: 512-474-KIDS (5437)

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