This Agreement entered into this ________day of __________________________, 1998 by
and between CARING NANNIES (CN) and_________________________________(Nanny) of
__________________________________________________________. CN and the Nanny agree as
follows:
- CN will make its best efforts to assist the Nanny in finding an in-home childcare
position.
- CN is a referral agency and, as such, the Nanny is under no obligation to accept any
position that a family using the agency may offer. The nanny shall, at all times, have the
right to refuse any job offered to her or him during the referral process.
- CN encourages the Nanny to review the family's background and to conduct any reasonable
background check as the Nanny may see fit.
- Upon request of the Nanny and the Employer-Family, CN will facilitate discussions
between the two 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 Nanny and the
Employer-Family.
- It is expressly understood and agreed that CN is not the employer in this
agreement. The Nanny's selection of an Employer-Family will be coupled with CN's
assistance in helping you, the Nanny, in defining your relationship with the
Employer-Family.
- Upon signing the Nanny and Employer agreement, or within one week of being on the job,
the Nanny agrees to give CN $75.00 to reimburse CN for out-of-pocket expenses incurred in
helping the Nanny find a job. This must be paid each time the Nanny is assisted in finding
a job through CN. If you do not find a job with CN's assistance, then you do not pay
anything.
- The Nanny understands that the Employer-Family alone is responsible for their actions;
that the Nanny is not an employee of CN and CN assumes no responsibility for any act or
omission of the Employer-Family either prior to or after employment with the
Employer-Family has commenced. The Nanny understands and agrees that although CN has
assisted the nanny in referring an Employer-Family, CN cannot predict the
Employer-Family's future performance or behavior and only the Nanny can assess the
appropriateness of the position and whether or not to accept the job or to continue to
stay on the job. The Nanny also understands that she/he takes full responsibility for the
decisions to accept a job and to continue to remain on that job and CN's role is limited
to supplying Employer-Family applicants for the Nanny's consideration and performing an
extremely limited background check of the Employer-Family.
- CN cannot be a guarantor of the honesty or reliability of the Employer-Family nor is CN
an agent of the Employer-Family or vice versa. Accordingly, the Nanny hereby releases and
agrees to hold CN, its directors, officers, employees, successors, and assigns harmless
from any act of nonfeasance, misfeasance, or malfeasance by an Employer-Family, nor will
the Nanny hold CN, its directors, officers, employees, successors, and assigns liable for
any other claim which she/he may have.
- The Nanny agrees to fully indemnify and hold CN, its directors, officers, employees,
successors, and assigns harmless from any and all claims, demands, losses, liabilities,
damages or expenses for investigations and 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.
- Upon accepting employment, the Nanny agrees to take the next available (or within one
month) Red or Green Cross certified infant/child CPR and First Aid courses.
- As a condition of being referred through CN, the Nanny understands she/he must maintain
an operable telephone at their place of residence. In addition, if the Nanny accepts a
live-out position, the Nanny must have an operable automobile available for her/his
exclusive use throughout the entire work day.
- The Nanny agrees to refrain from making an private agreement with any nanny candidate or
family; or from taking any action which is inconsistent with this agreement or which has
the effect of avoiding any of the nanny's, or Employer-Family's obligations hereunder.
Such private agreements and actions include, but are not limited to, actions which would
enable a family, or any other person, to avoid payment of the registration and/or referral
fees due to CARING NANNIES, as, for example, if the nanny gives the name of another nanny
or friend of the nanny to another person who subsequently employs the nanny or the friend
of the nanny. The nanny understands that if she/he makes such an agreement, or takes such
action, that she/he and/or the family hiring the person may be separately and/or jointly
liable for the entire CNA registration and referral fees.
- The Nanny understands and agrees that only when the Employer-Family pays CN the
registration and referral fees can the Nanny go to work for that family. In the rare event
that CN does not receive those fees, the Nanny agrees to discontinue working for the
Employer- Family if asked to do so by CN and CN agrees to refund or waive the $75.00
reimbursement expense.
- This agreement contains the entire agreement between CN and the Nanny, and no
statements, promises, or inducements made by either party that is not contained in this
written agreement shall be valid or binding; and this contract may not be altered except
in writing, signed by the parties hereon.
- It is understood and agreed that if any part, term or provision of this contract 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 affected, 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.
- This Agreement will be binding only upon the parties hereto and shall not include any
third party nor shall CN be a party to any agreement entered into between the Nanny and
the Employer- Family.
- 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 Agreement 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, Texas.
THIS IS A LEGAL DOCUMENT. YOU HAVE THE FREEDOM AND RIGHT TO CONSULT AN ATTORNEY
BEFORE SIGNING THIS DOCUMENT. IF THERE IS ANYTHING IN THIS AGREEMENT THAT YOU DO NOT
UNDERSTAND OR AGREE WITH, PLEASE DO NOT SIGN IT. CONSULT WITH YOUR ATTORNEY FIRST.
BY SIGNING BELOW, I fully understand and accept the above conditions and agree that
non- compliance with any or all of the above conditions is grounds for immediate dismissal
from any job obtained through CN. I also understand and agree that non-payment of any
reimbursable expenses or fees will require that CN take immediate action. In addition, I
understand and agree that all reimbursable expenses or fees made to CN are non-refundable.
This agreement must be submitted along with the
nanny application.
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 may submit it during your personal interview with us, or
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 6326 San Antonio, Texas 78209-6326
Our Austin phone number is: 512-474-KIDS (5437)
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