This is an agreement (the “Agreement”) between ANNIE’S NANNIES, INC. (“Agency”) and you (the “Family”).
Annie’s Nannies, Inc. maintains records of persons who are screened and available to perform in-home domestic functions. Agency will refer available providers to Family based on information provided by Family. Family will pay a referral fee, which will be charged on a daily or weekly basis commencing at the time a job is filled. The referral fee will be determined by the fee schedule in effect at the time the referral is made, according to the work schedule requested by the Family. Agency will ask Family if they want to renew membership when membership expires. Unless Agency has received a one-time permanent referral fee for the specific nanny, the daily/weekly fee will continue on an on-going basis. For any fees or portion thereof that are not paid when due, Agency will charge interest on the unpaid amount of the fees. Interest will be calculated by multiplying the unpaid balance by the periodic rate of .833% per month (TEN PERCENT [10%] ANNUAL PERCENTAGE RATE). The unpaid balance will bear interest until paid.
Family will be solely responsible for the nanny’s direction, supervision, control and compensation, and Family understands and agrees that it – and not Agency – is the nanny’s employer and is responsible for all applicable employment taxes. Agency assumes no liability or responsibility for, and makes no representations or warranties about, any information, material, errors, omissions, services, or referrals (including but not limited to the qualifications or performance of individuals) it provides to Family. Family’s use of Agency’s services is at Family’s own risk. Agency does not provide and specifically disclaims any express or implied guarantees or warranties to Family. Additionally, Agency does not employ or exercise control or discretion over nannies and disclaims all responsibilities for nannies’ conduct or omissions.
By signing this document, Family hereby waives and releases Agency and its agents, employees, officers, directors, representatives and affiliated entities from all liability, including but not limited to liability arising from negligence or the actions of any third party (including but not limited to nannies or anyone referred to Family by Agency), arising under law or otherwise. Additionally, Family shall indemnify and hold Agency and its agents, employees, officers, directors, representatives and affiliated entities harmless against any damages or liability whatsoever arising out of or in any way in connection with the employment or association of a nanny or other person referred to Family by Agency, regardless of how, when, or where any damages or liability was incurred. 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 shall be limited to the amount of the Referral Fee received by Agency from Family. If any 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. Further, should Family’s account be turned over to a collection agency, all fees and interest incurred relating to the collection will be added to Family’s original balance and become payable to Agency.
Family certifies, represents and warrants that it has carefully read this Agreement; that it fully understands the Agreement’s final and binding effect; and agrees to pay via credit card according to Family’s cardholder agreement with the credit card’s issuer.