BALIA REFERRAL AGENCY LLC.
Balia Nanny Referral Agency
I.PURPOSE This agreement is entered into this " day” of "month", 2024 between the “Balia referral agency, LLC.” (hereinafter referred to as “the agency” and “Domestic Staff/Nanny/NCS " (hereinafter referred to as " the domestic staff/nanny”). The purpose of this agreement is to define the terms and conditions under which the agency will assist the Domestic Staff/Nanny/NCS in being hired by a family hereinafter referred to as “family or families” as an in-home childcare provider.
1. The agency is a referral agency and, as such, the Domestic Staff/Nanny/NCS is under no obligation to accept any position that a family using the agency may offer. The Domestic Staff/Nanny/NCS shall, at all times, have the right to refuse any job offered to her or him during the referral process.
2. Job placement is free for applicants.
3. The agency encourages the Domestic Staff/Nanny/NCS to review the family’s background and to conduct any reasonable background check as the Domestic Staff/Nanny/NCS may see fit.
4. It is expressly understood and agreed that the agency is not the employer in this agreement. The Domestic Staff/Nanny/NCS ’s selection of a family will be coupled with the agency’s assistance in helping you, the domestic staff/nanny, in defining your relationship with the family.
5. The Domestic Staff/Nanny/NCS understands that the family alone is responsible for their actions; that the Domestic Staff/Nanny/NCS is not an employee of the agency and agency assumes no responsibility for any actor omission of the family either before or after employment with the family has commenced.
6. The Domestic Staff/Nanny/NCS understands and agrees that although the agency has assisted the domestic staff/nanny in referring a family, the agency cannot predict the family’s future performance or behavior and only the Domestic Staff/Nanny/NCS can assess the appropriateness of the position and whether or not to accept the job or to continue to stay on the job. The Domestic Staff/Nanny/NCS also understands that “they” take full responsibility for the decisions to accept a job and to continue to remain on that job and the agency’s role is limited to supplying family Applicants for the Domestic Staff/Nanny/NCS ’s consideration and performing an extremely limited background check of the family.
7. The agency cannot be a guarantor of the honesty or reliability of the family nor is the agency an agent of the family or vice versa. Accordingly, the Domestic Staff/Nanny/NCS hereby releases and agrees to hold the agency its directors, officers, employees, successors, and assigns harmless from any act of nonfeasance, misfeasance, or malfeasance by an employer-family, nor will the Domestic Staff/Nanny/NCS hold agency, its directors, officers, employees, Successors, and assigns liable for any other claim which she/he may have.
8. The Domestic Staff/Nanny/NCS agrees to fully indemnify and hold the agency, its directors, officers, employees, successors and assigns harmless from any 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 arising out of the negligent acts of agency or from some other cause.
9. Upon applying to the agency, the Domestic Staff/Nanny/NCS must present a certified infant/child CPR and first aid certification or be willing to receive certification.
10. As a condition of being referred through the agency, the Domestic Staff/Nanny/NCS understands she/he must maintain an operable cell phone. In addition, if the Domestic Staff/Nanny/NCS accepts the position for full-time or part-time, the Domestic Staff/Nanny/NCS must have an operable automobile available for her/his exclusive use throughout the entire workday if required for the position.
11. The Domestic Staff/Nanny/NCS agrees to refrain from making any private agreement with any Domestic Staff/Nanny/NCS candidate or family; or from taking any action which is inconsistent with this agreement, or which has the effect of avoiding any of the Domestic Staff/Nanny/NCS ’s, or employer-family’s obligations
12. 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 referral fees due to agency as, for example, if the Domestic Staff/Nanny/NCS gives the name of another Domestic Staff/Nanny/NCS or friend of the Domestic Staff/Nanny/NCS to another person who subsequently employs the Domestic Staff/Nanny/NCS or the friend of the domestic staff/nanny. The Domestic Staff/Nanny/NCS understands that if she/he makes such an agreement, or takes such action, she/he and/or the family hiring the person may be separately and/or jointly liable for the entire agency registration and referral fees.
13. NCS/Domestic Staff/Nanny acknowledges that most placements will be W-2 employee positions. However, there may be rare instances where a 1099 independent contractor classification is considered, solely at the discretion of NCS/Domestic Staff, and only if the specific duties and working conditions meet the legal definition of an independent contractor according to state and federal regulations.
14. The Domestic Staff/Nanny/NCS shall give a twenty-four-hour notice if an interview cancellation needs to be made. If there are no notices the Domestic Staff/Nanny/NCS understands that the agency will remove them from the database.
15. The Domestic Staff/Nanny/NCS understands that at any time a drug test may be given by the agency or family/client
16. The nanny must give the family a 3-week notice of leave so that the family/client has time to find a replacement; the nanny will be removed in the Balia system for not adhering and not being utilized for future positions
17. All communication between the Domestic Staff/Nanny/NCS and the family shall be conducted exclusively through the Agency until a formal written offer of employment has been sent to the Domestic Staff/Nanny/NCS by the family via the Agency, and the Domestic Staff/Nanny/NCS has accepted the offer in writing.
18. The Domestic Staff/Nanny/NCS shall not initiate any direct contact with the family for any reason, including but not limited to scheduling interviews, discussing job details, or negotiating terms of employment.
19. The Agency will facilitate communication between the Domestic Staff/Nanny/NCS and the family, ensuring that all necessary information and updates are shared appropriately.
20. Domestic Staff/Nanny/NCS agrees to allow the agency to release their background check information to the client/family for review at the time of hire.
21. This agreement contains the entire agreement between the agency and the domestic staff/nanny, and no statements, promises, or inducements made By either party that are 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.
22. 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 “PENNSYLVANIA OR STATE OF EMPLOYMENT” 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.
23. This agreement will be binding only upon the parties hereto and shall not include any third party nor shall the agency be a party to any agreement entered into between the Domestic Staff/Nanny/NCS and the family.
24. It is understood and agreed that this contract shall be governed by the laws of the state of “PENNSYLVANIA OR STATE OF EMPLOYMENT”, or state of employment. It is further agreed that any controversy or claim arising out of or relating to this agreement shall be settled by arbitration by the rules of the American Arbitration Association and judgment upon the award rendered may be entered in any court having jurisdiction thereof, provided, however, that the
arbitration proceedings shall be conducted within “Delaware County PENNSYLVANIA OR STATE OF EMPLOYMENT”.
Additional conditions:
Domestic Staff/Nanny/NCS represents it is entering into this agreement without relying upon any representation or warranty from the agency. Agency hereby disclaims, to the maximum extent enforceable by law, any warranties of merchantability, quality, fitness for a particular purpose, non-infringement, non-interference, data accuracy system integration, and all warranties that may otherwise be implied. No warranties are made based on trade usage, course of trade, or course of performance.
Successors and assigns.
Domestic Staff/Nanny/NCS shall not assign its rights and obligations under this agreement without the agency’s written consent. This agreement shall be binding upon and inure to the benefit of any permitted successor or assign, and each party shall cause such successor or assign to expressly agree in writing to be bound by this agreement.
Section headings; counterparts.
The headings of paragraphs, sections, and other subdivisions of this agreement are for convenient reference only. They shall not be used in any way to govern, limit, modify, construe this agreement or any part or provision thereof or otherwise be given any legal effect. This agreement may be executed in multiple counterparts by the parties hereto. It is further agreed the signature page of any person or entity executing this agreement may be attached to an identical counterpart of this agreement so that there may be one counterpart containing the signature of all parties. For this agreement, a scanned, facsimile, or other electronic signature shall be deemed an original. The parties agree any agreement entered into by electronic signature pursuant is intended to
enforceable, as provided under applicable state law. Without limiting the foregoing, the parties agree they will not contest the validity or enforceability of an electronic signature to the agreement, and copies of any such electronic signature will be admissible as between the parties to the same extent and under the same conditions as other business records originated and maintained in documentary form.
Entire agreement.
This agreement contains the complete integrated understanding and agreement between the parties concerning the subject matter and supersedes all other agreements between the parties whether written or oral relating thereto. This agreement may not be modified or amended except by a written instrument executed by both of the parties hereto. Each party agrees it has not relied upon any representation of the other party, except for any representation made by such party under the express terms of this agreement, in entering into and undertaking the obligations imposed by this agreement.
Litigation expenses.
All costs and expenses, including, without limitation, reasonable attorneys’ fees, of the prevailing party in any litigation by a party to enforce such party’s rights under this agreement shall be paid by the non-prevailing party.
Negation of partnership.
None of the terms or provisions of this agreement shall be deemed to create a partnership between or among the parties in their respective businesses or otherwise, nor shall it cause them to be considered joint ventures or members of any joint enterprise. No party shall have the right to act as an agent for another party unless expressly authorized to do so herein or by a separate written instrument signed by the party to be charged.
Governing law.
This agreement shall be governed by and construed per the laws of the state of “Pennsylvania or the state of employment”. In witness whereof, the parties have executed this Agreement as of the date first written above.
Signature: Alicia goldy Owner/President