Master Family Agreement
Prior to signing the agreement, please be sure to select a placement package.
This is a binding contract effective as of the date signed by and between Hello, Nanny! LLC and (“Client”). Client retains Hello, Nanny! LLC to provide referral services according to the terms below.
REFERRAL AGREEMENT
Hello, Nanny! LLC and (“Client”) hereby enter into this Referral Agreement (the “Agreement”).
Section 1
Services
Hello, Nanny! is a referral agency that will make reasonable efforts to refer suitable Candidates to provide childcare or other domestic services to the Client. However, the Client understands and agrees that employing a Candidate is ultimately the Client’s decision, and that signing up with or paying Hello, Nanny! does not guarantee that a suitable Candidate will be found.
Section 2
Employer-Employee Relationship
Hello, Nanny! is not a party to any employment relationship or agreement between the Client and a Candidate. The Client understands and agrees that the Candidate’s work schedule, compensation, method, manner, and means of employment, and any other terms and conditions of employment, will be determined by the Client and the Candidate. The Client agrees and stipulates that Hello, Nanny! will not be responsible for the Candidate’s direction, supervision, control, or compensation, and Hello, Nanny! is not the Candidate’s employer or co-employer with the Client. The Client will be solely responsible for the Candidate’s direction, supervision, control, and compensation, and the Client understands and agrees that it is the Candidate’s employer. Accordingly, the Client understands and agrees that it will be responsible for all employer-related taxes, withholdings, obligations, and requirements according to applicable law.
Section 3
Confidential Information
The Client acknowledges and agrees that all information and materials regarding Candidates must be treated as highly confidential and used solely in conjunction with the referral services provided by Hello, Nanny!. If the Client discloses Candidate information to a third party, and said third party proceeds to hire or engage the Candidate without compensating Hello, Nanny! for its full fees, the Client shall be held responsible for the payment of Hello, Nanny!’s full fees, as specified in this Agreement, as if Hello, Nanny! had successfully placed the Candidate with the Client.
The Client acknowledges that the ownership of job requisitions exclusively belongs to Hello, Nanny! and agrees not to redistribute or promote job requisitions outside of Hello, Nanny!’s network for personal use or recruitment purposes. Any distribution of job requisitions without authorization will result in a fee of $1200, and the Client authorizes Hello, Nanny! to automatically charge the Client’s credit card on file in the event that the Client is found to have redistributed job requisitions.
The parties shall maintain the confidentiality of all non-public information related to this Agreement and the collaboration.
Fee Schedule
The Client agrees to pay the applicable fees as outlined in the selected package. The Client further understands and agrees that Hello, Nanny! may request the Client’s credit card information for all fees and charges owed to Hello, Nanny! if the Client amends this contract or fails to pay all fees and charges in a timely manner according to the terms of this Agreement.
Temporary Placements
a. If a family chooses to extend the employment of a temporary candidate placed by Hello, Nanny! LLC beyond the initial 90-day period, additional charges will apply on a prorated basis. This original placement fee paid will be applied towards the package chosen when executing the long-term placement agreement.
b. For the purpose of this Agreement, “Full-Time” employment refers to the average employment of 30 hours or more per week over a period of at least three months. “Part-Time” employment refers to the average employment of fewer than 29 hours per week.
c. Hello, Nanny! LLC collaborates closely with a payroll provider. We also provide specialized referrals to assist with household employment matters. These services include: (1) Preparation of federal and state new hire forms; (2) Drafting an employment agreement tailored to the Client’s household employment situation; (3) Guidance on calculating and paying state and federal employment taxes, including the provision of a sample payroll tax calculation for the Client’s ongoing needs; (4) Provision of an informative guide about household employment legal and tax issues; (5) Legal advice for a period of one year regarding any additional questions or concerns about household employment matters.Please note that Hello Nanny LLC is not liable for any information or services provided by the third-party payroll provider. It is the responsibility of each client to review the payroll information and ensure compliance with all applicable laws and regulations.
d. If the Client changes or cancels a temporary nanny assignment after the candidate has been confirmed but before the start of the assignment, the Client agrees to pay Hello, Nanny! LLC the full temporary referral fee as outlined in the Agreement.
e. If the Candidate’s hours increase or their employment status changes from part-time to full-time, or from live-out to live-in, or from temporary or summer to permanent within the first year of the placement, the Client agrees to inform Hello, Nanny! LLC and pay the applicable fees as listed in this Agreement and subject to its terms. Please refer to the Agreement for a detailed breakdown of the fees and charges mentioned in this section.
Section 4
Payment Authorization and Commencement of Work
a. Payment Guarantee: Hello, Nanny! LLC requires the Client to provide a credit card number as a guarantee for payment. By hiring a Candidate, the Client acknowledges and agrees that if the placement fee is not received by Hello, Nanny! LLC from the Client by the Candidate’s start date, Hello, Nanny! LLC is authorized to bill the Client’s credit card for the total amount of the placement fee.
b. The Client acknowledges that timely payment is essential due to the nature of the service provided. Therefore, the placement fee is due immediately after an offer has been extended and accepted by the Candidate, and must be paid before the Candidate commences any work with the Client. Hello, Nanny! LLC will authorize the Candidate to begin work only after payment is received.
c. In the event that the Client’s credit card payment is unable to be processed, the Client is not authorized to employ the Candidate until the payment issues are resolved. If the Client proceeds with the employment against the policy of Hello, Nanny! LLC, Hello, Nanny! LLC is authorized to back charge the Client according to Hello, Nanny! LLC.
Late Payment and Collection
If Hello, Nanny! LLC is unable to successfully charge the client’s card on file, the client agrees to promptly pay Hello, Nanny! LLC the applicable fees for each candidate the Client employs and each service the Client uses, as listed above. The Client acknowledges that all fees are non-refundable, earned in full, and due and payable according to the terms of this Agreement.
Unless otherwise agreed upon in writing, payment of fees is due prior to the Candidate’s first week of work for the Client. If any fees or portions thereof are not paid within five (5) days past the due date, Hello, Nanny! LLC will charge interest on the unpaid amount of the placement fee. The interest will be calculated by multiplying the unpaid balance by a rate of 10% per month for the first 30 days, and an additional 10% for each subsequent 30-day period.
If the payment remains unpaid beyond 90 days, the Client’s account will be sent to collections. The unpaid balance will continue to accrue interest until paid in full. In the event that the Client’s account is turned over to an agency or other entity for collection, all fees, interest, attorney’s fees, and costs incurred during the collection activity will be added to the original balance and become payable to Hello, Nanny! LLC according to the terms of the Agreement.
Lastly, the Client agrees to reimburse Hello, Nanny! LLC for any charges incurred if the Client’s payment is returned or refused for any reason.
Section 5
Credit Policy
Upon fulfillment of all the conditions listed herein, subject and limited to the terms of this Agreement. Hello, Nanny! LLC’ obligation to provide credit is expressly conditioned on Client’s (I) satisfaction of all of its obligations under this Agreement, including but not limited to the payment of all Hello, Nanny! LLC’ fees and charges in a timely manner; (2) notification to Hello, Nanny! LLC within 48 hours of the Candidate’s termination of employment; (3) abiding by all applicable laws, including paying the Candidate in a timely manner in full as required by law; (4) not materially changing the Candidate’s job duties, schedule agreed upon or job description; (5) not engaging in any acts of harassment, abuse, or moral turpitude in the context of the employment relationship. Determining compliance with these conditions is at the sole and absolute discretion of Hello, Nanny! LLC.
If the Client fails to satisfy any of these aforementioned conditions, Hello, Nanny! LLC shall have no further obligations to the Client. Hello, Nanny! LLC’ obligation to provide a credit shall not apply if the Candidate gives Client notice of her or his intention to terminate her or his employment with Client at the end of the 365 day period for a Premier full-time package placement, 120 days for the full time package, or 90 days for part-time placement or any time thereafter.
Prorated Search Credit
Should the client need a new search Hello, Nanny! LLC will provide a prorated credit toward a new search. That credit will start at 75% of the initial full fee and based on the length of the hired candidates’ date of departure within the first year term. Hello, Nanny! LLC does not provide refunds under any circumstances. Prorated Search Credit Example: At 75% of the initial full or part-time flat fee, divided by 12 mo. and multiplied by the number of months the candidate has worked with your family.
a. Premium Full-Time Package: Live-in or Nanny Share Placement: Should a nanny candidate leave the Client’s employment of her/his own free will or because of termination within the first 12 months of the Candidate’s first day of employment or other engagement with Client, Hello, Nanny! LLC will provide Client with a new search based on their updated criteria at no additional cost or related fee. All additional searches within the year term including, temporary or sitter referrals will be included per the above package agreement at no charge. Referrals are not guaranteed and are subject to availability.
b. Standard Full-Time Placement: Includes a 120-day replacement guarantee. The replacement guarantee starts on the nanny’s first day of employment up until the 120th day of employment. All additional searches, and temporary or sitter referrals will be charged per the above fee schedule. Hello, Nanny! LLC does not provide refunds under any circumstances.
c. Part-Time Nanny Placement: Includes a 90-day replacement guarantee. Hello, Nanny! LLC does not provide refunds under any circumstances. All additional searches, and temporary or sitter referrals will be charged per the above fee schedule.
d. Temp Candidates Availability: Hello, Nanny! LLC cannot guarantee the availability of temporary candidates at all times. Availability of candidate is outside of our control, and there may be instances where there are no available candidates available to fulfill your request for services. While we make every effort to secure a reliable and consistent network of providers, unforeseen circumstances may arise that prevent us from doing so. Hello, Nanny! LLC does not provide refunds under any circumstances.
Section 6
Disclaimer/Hold Harmless/Limitation of Liability
Hello, Nanny! LLC assumes no liability or responsibility for and makes no express or implied guarantees, representations, or warranties about, any information, material, services, referrals, Candidates, employees, or potential employees (including but not limited to the qualifications or performance of Candidates) it provides to Client. Client’s use of Hello, Nanny! LLC’ services are at Client’s own risk. Except as specified in this Agreement, Hello, Nanny! LLC does not provide and specifically disclaims any express or implied guarantees or warranties to Client. Additionally, Hello, Nanny! LLC does not employ or exercise control or discretion over Candidates or any person referred by Hello, Nanny! LLC to Client, and disclaims all responsibilities for such individuals’ conduct or omissions.
Additionally, to the maximum extent permitted by law, Client shall indemnify, defend and hold Hello, Nanny! LLC and its owners, agents, employees, officers, directors, representatives, attorneys, and affiliated persons and entities are harmless against any damages or liability whatsoever arising out of or in any way in connection with Client’s conduct, negligence, omission(s) or misconduct, including the duty to defend and pay the costs of defense of Hello Nanny! LLC.
In no event shall either party be liable for consequential, incidental, exemplary, punitive, special, or indirect damages of any kind. Further, a party’s aggregate liability for damages of any kind under this Agreement – excluding Client’s potential financial obligations as stated in Section 2 of this Agreement; the fees, costs, and interest related to collections as referenced in Section 4 of this Agreement and the indemnity, defense and hold harmless provision in Section 6 of this Agreement – shall be limited to the amount of the Referral Fee(s) received by or owed to Hello, Nanny! LLC from Client, whichever is greater. If any waiver, exclusion, or limitation of damages is not permitted by law, the parties’ liability to each other is limited to the maximum extent permitted by law.
Client Communication
Effective communication is essential between the “provider” (referred to as Hello, Nanny! LLC) and the “client” (the family). If a family fails to engage in communication with Hello, Nanny! LLC for a period exceeding 30 days, their search will be automatically canceled and the non refundable deposit will be forfeited. In the event that a family chooses to resume their search after a 30-day hiatus, they will be required to submit a new $400 non refundable deposit and schedule a consultation for a new search.
Interview and Communication Policy
Interview Process
All interviews with candidates provided by the Agency shall be conducted exclusively through Zoom or similar virtual platforms. The Family agrees to schedule and conduct interviews using the designated platform to ensure compliance with the Agency’s policies.
a. Prohibition on Personal Contact Information: The Family shall not request or solicit any personal contact information from candidates, including but not limited to phone numbers, email addresses, or social media profiles, that would facilitate communication outside of the Agency’s official channels. The Agency’s communication platform is the only approved method for discussing candidate qualifications, scheduling interviews, and any related matters.
Compliance
Failure to adhere to this policy may result in the termination of the Agency’s services and potential legal action. The Family acknowledges that this policy is in place to protect the interests of all parties involved and to maintain a professional and secure hiring process.
Replacement Guarantee Clause
Replacement Guarantee: Hello Nanny (“Agency”) and the client (“Client”) hereby agree to include a replacement guarantee clause as part of this Family Agreement (“Agreement”). Under this clause, the Agency agrees to provide a replacement nanny if the Client upholds industry standard benefits, as defined as defined in section 2.
“Section 2: Industry Standard Benefits: Industry standard benefits, for the purpose of this Agreement, are defined as legal pay, including overtime pay in accordance with state laws, paid time off (PTO), and healthcare stipends. The specific details and terms of these benefits shall be agreed upon and outlined in the working agreement between the Client and the nanny. It is understood that the Client shall adhere to the agreed-upon terms of compensation and benefits.”
Breach of Working Agreement: In the event that the Client breaches the working agreement due to improper payment, late payments, illegal pay, or failure to uphold the industry standard benefits as outlined in Section 2, the replacement guarantee provided by the Agency shall not be upheld. The Agency shall not be liable for the replacement guarantee and shall be released from any obligations or responsibilities under this clause.
Client’s Responsibility: The Client acknowledges and agrees that it is solely responsible for ensuring compliance with all applicable laws and regulations regarding the employment of a nanny, including but not limited to wage and hour laws, tax obligations, and any other legal requirements imposed by the relevant jurisdiction. The Client further agrees to make timely and proper payments to the nanny in accordance with the agreed-upon terms.
Agency’s Discretion: The Agency reserves the right to exercise its discretion in determining whether a breach of the working agreement has occurred, including but not limited to improper payment, late payments, illegal pay, or failure to uphold the industry standard benefits. The decision of the Agency in this regard shall be final and binding.
Replacement Process: If the Agency determines that the Client is eligible for a replacement nanny under the terms of this Agreement, the Agency shall make reasonable efforts to provide a suitable replacement within a reasonable timeframe. The specifics of the replacement process, including any applicable fees or charges, shall be outlined in a separate agreement between the Agency and the Client.
Confirmation of Hire and Liability
Responsibility to Confirm Hire: The Family is responsible for confirming the hire of any caregiver referred by the Agency. This includes ensuring that any agreement with the caregiver is clearly documented and communicated to the Agency.
Liability for Non-Compliance: Should the Family fail to cooperate in providing proof of hire or knowingly participate in circumventing the Agency, the Family may be held liable for punitive damages. This includes any financial losses incurred by the Agency as a result of the Family’s actions plus any attorney fees occurred to pursue legal action.
Circumventing the Agency: If the Family attempts to avoid payment to the Agency by hiring a caregiver directly without notifying the Agency, the Family must cooperate in providing proof of the hire. This may include contracts, written agreements, or communication records.
Acknowledgment of Terms: By signing below, the Family acknowledges their understanding of these responsibilities and the potential consequences of non-compliance.
Section 7
Governing Law and Jurisdiction
This Replacement Guarantee Clause shall be governed by and construed in accordance with the laws of Texas. Any disputes arising out of or in connection with this Clause shall be subject to the exclusive jurisdiction of the courts of Collin County. This Agreement is entered into by Hello, Nanny! LLC and Client without reliance upon any statement, representation, promise, inducement, or agreement not expressly contained herein. This Agreement constitutes the entire agreement between Hello, Nanny! LLC and Client and supersedes all prior oral and written agreements between Hello, Nanny! LLC and Client with respect to the subjects covered in this Agreement. This Agreement shall not be amended or modified unless the nature of the changes is mutually agreed upon, contractually augmented, and signed by both the Client and Hello, Nanny! LLC expressly. Client represents that it has carefully read and fully understands the scope and effect of all of the provisions of this Agreement; that it has had all such time that it desires within which to consider this Agreement; that it has had the opportunity to consult with an attorney of its own choosing and at its own expense to review this Agreement; and that it has availed itself of this opportunity to the extent if any, that it wished to do so. The terms of this Agreement are severable. The invalidity or unenforceability of any provision within this Agreement shall not affect the application of any other provision, provided that the essential terms and conditions of this Agreement for each party remain valid, binding, and enforceable. Further, consistent with the purposes of this Agreement, any otherwise invalid provision of this Agreement may be reformed and, as reformed, enforced by any party to this Agreement. Confidentiality Clause Non-Disclosure of Information The Family acknowledges that all information, resources, conversations, and details related to Hello, Nanny! LLC and its candidates are confidential. This includes, but is not limited to, the identities of caregivers, discussions regarding placements, and any other proprietary information. Exception for Communication with the Agency Any Non-Disclosure Agreement (NDA) signed by a caregiver candidate does not apply to communication with Hello, Nanny! LLC. The Agency is an exception to this confidentiality clause for discussions regarding legality and compliance with agency policies. Non-Referral of Candidates The Family agrees not to refer or recommend any caregiver candidates provided by Hello, Nanny! LLC to friends, family, or any outside parties without the express written consent of the Agency. Liability for Breach Should the Family violate this confidentiality provision by referring or recommending a caregiver candidate to any third party, the Family shall be liable for an additional placement fee of $9,650. Acknowledge of Terms By signing below, the Family acknowledges their understanding of this confidentiality clause, agrees to comply with its terms, and recognizes it as a binding Non-Disclosure Agreement (NDA). Section 8 Proprietary Information Client acknowledges that the resources, materials, and information provided by Hello Nanny are proprietary and confidential in nature. Client agrees not to copy, reproduce, distribute, or disclose any of Hello Nanny’s proprietary information to any third party without the prior written consent of Hello Nanny. This Agreement may be executed in counterparts, each of which shall be deemed to be an original. Such counterparts, when taken together, shall constitute but one agreement. Failure or delay on the part of either party to exercise any right, remedy, power, or privilege under this Agreement shall not operate as a waiver of any other right, remedy, power, or privilege. A waiver, to be effective, must be in writing and must be signed by the party making the waiver. A written waiver of default shall not operate as a waiver of any other default or of the same type of default on a future occasion. Each party agrees that the other party is not responsible for any events or circumstances beyond its control (including but not limited to war, riots, embargoes, strikes, and or acts of God) that prevent the party from meeting its obligations under this Agreement. Neither party shall assign or transfer this Agreement or any interest herein without the prior written consent of the other party. The rights and remedies provided in this Agreement shall be the sole and exclusive rights of the parties against one another relating to the subject matter of this Agreement. Section headings in this Agreement are included herein for convenience of reference only and shall not constitute a part of this Agreement for any other purpose. Sections 2, 3, 4, 6, 7 and 8 of this Agreement shall remain in effect even after termination of this Agreement. The parties hereby certify, represent, and warrant that they have carefully read this Agreement, that they fully understand its final and binding effect, and that they agree to all its terms and conditions. Miscellaneous This agreement shall be governed by and construed in accordance with the laws of the State of Texas. Any action or proceeding commenced regarding this Agreement shall be brought in Collin County, Texas. Premium Placement Live In or Shares 1 Year Replacement Guarantee Dedicated search for full-time household staff Premium background check and MVR Personalized matching to find your perfect fit Concierge Scheduling of Interviews & Working Trials Ongoing support from your placement specialist Family Dashboard with Resources to Interview, Hire & Onboard Initial Deposit: $1200 Balance Due Prior to Candidates first Day: $13,450 The family acknowledges that failure to provide a copy of the work agreement to the agency will result in the voiding of the replacement guarantee. By not submitting the necessary documentation, the family forfeits any rights to a replacement candidate under the terms of the agreement. Standard Placement Live Out Candidates 120 Day Replacement Guarantee Dedicated search for full-time household staff Standard background check & MVR Personalized matching to find your perfect fit Concierge Scheduling of Interviews & Working Trials Ongoing support from your placement specialist Family Dashboard with Resources to Interview, Hire & Onboard Initial Deposit: $1200 Balance Due Prior to Candidates first Day: $8,450 The family acknowledges that failure to provide a copy of the work agreement to the agency will result in the voiding of the replacement guarantee. By not submitting the necessary documentation, the family forfeits any rights to a replacement candidate under the terms of the agreement. General Placement No Replacement Guarantee Dedicated search for full-time household staff Basic background check & MVR Personalized matching to find your perfect fit Concierge Scheduling of Interviews & Working Trials Ongoing support from your placement specialist Family Dashboard with Resources to Interview, Hire & Onboard Extend Offer: $2500 Meet & Greet or Working Trial fee: $1,500 Initial Deposit: $1,200 I acknowledge that the general package operates on a pay-per-use basis and does not include a replacement guarantee. Additionally, I understand that there is an extra fee of $1,500 per candidate for scheduling a working trial or a meet-and-greet. Should I decide to hire any candidate, I agree to pay an additional fee of $2,500 to extend an offer. I recognize that the total cost of this service will vary based on the number of candidates I interview, schedule, and extend offers to. Consequently, the overall expense of this package may exceed that of the concierge package, which has a fixed price as outlined above, and also lacks a replacement guarantee. Temporary & NBCS Placements Dedicated search for temporary staff including NBCS Comprehensive screening and background checks Personalized matching to find your perfect fit Ongoing support from your placement specialist Initial Deposit: $1200 | Full Fee: $1200 per month contracted I acknowledge that it is my responsibility to provide a copy of the contract with the temporary candidate or NBCS, detailing the terms of the temporary agreement. This information is necessary for the agency to accurately invoice me for the duration of the candidate’s employment.
