AGREEMENT BETWEEN FAMILY AND HOTEL KID CARE
I, or We, on behalf of myself and/or ourselves and my or our child/children (collectively called Client), the undersigned (whether one parent or two), agree that Hotel Kid Care a Florida Corp . (“HKC”) shall only provide services to refer a nannies and other desired household candidates to Client. Client will select amongst candidates presented by Hotel Kid Care with the understanding that Client will make all hiring decisions. Hotel Kid Care will exercise reasonable efforts to refer to Client the desired nanny, nanny manager, household manager, housekeeper, chef, personal/family assistant, Newborn Care Specialist, Doula, night nanny, or other household employee (all of which are collectively referred to as “Employee”). HKC’s obligation to provide services to Client are limited as set forth herein, but it is understood that this Agreement and Client’s obligation to pay the specified fees to Hotel Kid Care will remain in effect as long as Client continues to employ or otherwise utilize the services of an Employee referred to Client by HKC.
Upon learning the needs of your family, Hotel Kid Care will refer Client candidates who have been interviewed by Hotel Kid Care. and have at least three references checked and/or two years of childcare experience verified by HKC. Hotel Kid Care will have a professional investigative service conduct the following: Conviction Search going back seven years (through county records), Motor Vehicle Driving Records, Social Security Number Verification, and Nationwide Sex Offender Search. Hotel Kid Care will furnish Client with copies of the investigation results for a long term employee. Hotel Kid Care does not guarantee the accuracy or completeness of this information. Client acknowledges that it is the Client’s sole responsibility to carefully review the information provided by Hotel Kid Care as well as the professional investigative results and select a candidate from those presented by HKC.
Hotel Kid Care is a referral agency only. Hotel Kid Care is not an employer, co-employer, nor independent contractor and assumes no liability or responsibility for the performance, conduct, errors, omissions or negligence of the nanny or other household employee. Therefore, Client unconditionally releases Hotel Kid Care and its employees, recruiters, agents, officers, directors and shareholders and agrees that Hotel Kid Care shall not be liable for any personal property damage, injury, loss, delay or expense of any sort incurred by the Client in connection with the Employee or their selection or hiring of an Employee referred by Hotel Kid Care, including without limitation acts of God, acts of war or government restriction, as well as events directly or indirectly caused by any intentional, negligent acts or omissions by any Employee the Client hires. Client further agrees that if they directly or indirectly cause or contribute to any personal or property damage, injury, loss or expense incurred by their Employee while in employment of the Client, that Client will indemnify and hold Hotel Kid Care and its employees, recruiters, agents, officers, directors and shareholders harmless for any resulting liability or expense, including any court costs and legal fees incurred in defending against the Employee’s claims.
LONG-TERM SERVICES: Client agrees to pay a $200 non-refundable retainer fee, good for one long-term search, at the time of signing this Agreement in order to process a long-term application. The long-term retainer fee will be credited towards Client’s long-term referral fee and enrolls Client in HKC’s Temporary Service for one calendar year from date of Agreement (see applicable fees noted in this Agreement). For Client’s convenience, if a check does not accompany this Agreement, Hotel Kid Care shall charge the retainer fee on your credit card. The signing of the Agreement specifically authorizes Hotel Kid Care to charge the retainer fee on your credit card. If Client chooses an Employee referred by HKC, Client must notify Hotel Kid Care immediately. Client further agrees to pay a percentage non-refundable referral fee based on the Employee’s first year total compensation (gross annual salary and benefits annualized based on 52 weeks) or a $2000 minimum referral fee, whichever is greater. The referral fee for a live-out nanny is 10%. The referral fee for a live-out nanny manager is 12.5%. The referral fee for a live- in nanny/nanny manager, household manager, housekeeper, chef, personal/family assistant or other household employee is 15%. If Employee’s agreed upon hours increase within the first year, Client agrees to notify Hotel Kid Care of the increase and pay the corresponding difference within 30 days of increase. Client agrees to pay a $100 non-refundable referral fee for a summer nanny with a $750 summer non-refundable referral fee should client hire a summer nanny referred by Hotel Kid Care. The summer retainer fee will be credited towards summer referral fee.
LONG-TERM REFERRAL FEES: are non-refundable, non-transferable, shall not be credited to any other fees owed by Client to Hotel Kid Care and are due immediately after an offer is accepted and before the employee’s first day of employment. The signing of this agreement specifically authorizes Hotel Kid Care to charge the referral fee to your credit card if a check is not received before your employee’s first day. No client application shall be accepted without a valid credit card number and authorization of use by Hotel Kid Care for this purpose. Referral fees MUST be paid no later than the nanny or household employee’s first day of employment in order for guarantee or pro-rated credit to apply. If client withdraws offer after Employee accepts, through no fault of Employee, Client agrees to pay Hotel Kid Care an additional $750 cancellation fee. Upon fulfillment of the following conditions, subject and limited to the terms of this Agreement, if Client notifies Hotel Kid Care that the initial Employee left Client’s employment within 365 days of the first day of placement, Hotel Kid Care will provide the following to the Client to be used toward one future long term search as follows: Within 1-90 days (2 weeks for a summer nanny): free replacement period Within 90-365 days: pro-rated credit based on Employee’s first and last day of employment. Subject to the terms of this Agreement, all credits will be valid for 90 days from the employment separation date and will be applied toward one long-term search, whether or not that search results in hire. The Agency does not refund or transfer fees or credits under any circumstances. Agency’s obligation to provide the aforementioned free replacement or credit is expressly conditioned on Client’s (1) satisfaction of all of its obligations under this Agreement, including but not limited to payment of referral fee in full on or before Employee’s first day of employment; (2) providing a written Work Agreement with the Employee no later than one week after Employee’s first day of employment; (3) abiding by all applicable laws; (4) not engaging in any acts of moral turpitude; (5) not materially changing the Employee’s job duties, compensation or schedule. Determining compliance with these conditions is in the sole and absolute discretion of HKC. If Client fails to satisfy all of these aforementioned conditions, Hotel Kid Care shall have no further obligations to Client.
TEMPORARY SERVICES: Clients agrees to pay a $125 non-refundable temporary membership fee OR the non-refundable annual renewal fee of $75 to process a temporary application. Clients registered with HKC’s’ Temporary Service may utilize temporary services for one calendar year after the date of this Agreement. Temporary fees for a nanny are $15 per day, per nanny (4 hour minimum). Temporary fees for a Newborn Care Specialist, Doula, or Night Nanny are $30 per day or night, per Employee (4 hour minimum). An additional $10 service fee is added for all last-minute care requests (less than 24-hours notice). All weekend requests must be in by 12:00 noon on Friday or they will be subject to the additional $10 last- minute service fee. Holiday rates for Christmas Eve, Christmas Day, New Year's Eve, New Year's Day, Valentine's Day, Easter, Memorial Day, Independence Day, Labor Day and Thanksgiving shall be $40 per day, per nanny and $60 per day, per Newborn Care Specialists, Doulas, or Night Nanny. Should a client book a nanny, Newborn Care Specialist, Doula, or Night Nanny directly, the same fees apply. Temporary services shall be provided by Hotel Kid Care to the extent of available candidates willing to provide the requested services. Hotel Kid Care does not guarantee temporary services will always be available.
TEMPORARY FEES: All temporary fees are to be paid directly to HKC, are in addition to compensation agreed to be paid by Client to Employee, and are due to Hotel Kid Care for so long as Client continues to employ Employee in any capacity. If Client cancels service after care has been confirmed there is a cancellation fee due to HKC; cancellation fee will equal the original service fee. If care is cancelled within 24 hours of scheduled care time, Client will also be responsible for paying temporary Employee for 4 hours of agreed hourly amount. If Client does not pay Employee directly, this amount will be charged on Client’s credit card plus a 5% service fee in which event Hotel Kid Care will reimburse the temporary Employee. An Employee once hired to render temporary services shall be compensated directly by the Client. If Client hires a temporary Employee in any capacity, at any time subsequent to signing this Agreement, including but not limited to longterm or summer capacity, Client agrees to pay the corresponding fee as noted in this Agreement. Temporary fees are non-refundable, nontransferable, shall not be credited towards any other fees owed by Client to HKC, and are due upon Employee providing the requested services. The signing of this agreement specifically authorizes Hotel Kid Care to charge the temporary fees to your credit card. No client application shall be accepted without a valid credit card number and authorization of use by Hotel Kid Care for this purpose.
CONFIDENTIALITY: The Client agrees to keep in confidence the identity of all candidates referred by Hotel Kid Care and the contents of any files or documents forwarded for Client’s review. If the Client discloses information about a candidate to a third party, who acting on that information subsequently employs said individual, the Client agrees to pay Hotel Kid Care the referral fee that would have been payable for that Employee.
CREDIT CARD AND COLLECTIONS: Client agrees to provide Hotel Kid Care with a valid credit card and necessary authorization information at all times and that failure to do so will constitute breach of this agreement. Client further understands that in the event Hotel Kid Care must seek collections of the above-described fee or any portion thereof, Client shall be responsible for all costs of such collections, including court costs, reasonable attorney fees and interest of 2% per month until paid.
ENTIRE AGREEMENT: This agreement shall supersede any and all other agreements, whether oral or written, between the parties. Each party to this agreement acknowledges that no representations, promises, or agreements, oral or written, have been made by either party which are not in this agreement and that only the rights and obligations in this agreement are valid or binding.