By submitting the Family Registration Form and/or paying any retainer or referral fee, you (“Client,” whether one parent or multiple guardians) agree to the following legally binding terms with My Asian Nanny, Inc. (“Agency”).
PART I — A SIMPLE OVERVIEW FOR FAMILIES
Welcome
We are honored to support your family during this important time.
Below is a clear explanation of how our referral service works. The full legal agreement follows to ensure transparency, clarity, and protection for everyone involved.
Our goal is to provide excellent service while clearly outlining roles and responsibilities.
1. Our Role
My Asian Nanny, Inc. is a referral agency.
We introduce families to caregivers based on your requested criteria.
We are not the employer of the caregiver you choose to hire.
2. Your Role
If you hire a caregiver, you become their employer and are responsible for:
- Wages and payment method
- Scheduling
- Workplace policies
- Payroll and tax compliance
- Supervision and direction
- Maintaining a safe work environment
3. Screening
We conduct screening which may include interviews, identity verification, and reference checks.
No screening process can guarantee future performance. Families are encouraged to conduct additional due diligence if desired.
4. Fees
Our referral fee compensates us for sourcing, screening, coordinating interviews, and facilitating placement.
The caregiver’s wages are paid directly by you to the caregiver.
5. Replacement Policy
If a placement ends within the agreed guarantee period, we will assist with a replacement under the applicable terms.
6. Why There Is a Detailed Legal Section Below
The full agreement clarifies:
- That we are a referral agency
- That families assume employer responsibilities
- The structure of liability protections
- Dispute resolution procedures
We encourage you to review it carefully.
PART II — FULL LEGAL AGREEMENT
1. Referral Agency Status
My Asian Nanny, Inc. (“Agency”) operates solely as a referral service.
Agency is not the employer of any caregiver introduced to Client.
Agency does not:
- Direct
- Control
- Supervise
- Schedule
- Compensate
- Train
- Discipline
- Terminate
- Provide tools, uniforms, payroll, or benefits
- Manage day-to-day work
of any caregiver after placement.
Client acknowledges that any caregiver hired becomes solely the employee of Client.
Nothing in this Agreement creates:
- Employment relationship
- Joint employer status
- Partnership
- Agency relationship
- Joint venture
between Agency and caregiver.
2. Client Employment Responsibilities
Client assumes full responsibility for compliance with all applicable laws, including:
- Federal, state, and local employment laws
- Wage and hour regulations
- Payroll taxes
- Workers’ compensation (if required)
- Workplace safety
- Anti-harassment laws
Client agrees to indemnify Agency from any claim alleging Agency is the employer or joint employer.
3. Fees and Non-Circumvention
Referral fees are earned upon successful introduction and acceptance of a caregiver.
All referral fees are non-refundable unless expressly stated in writing.
If Client hires any caregiver introduced by Agency within 12 months of introduction, the referral fee remains due.
This applies to Client, Client’s relatives, household members, affiliates, or businesses controlled by Client.
4. Replacement Policy
Replacement services are provided only if:
- All fees are paid in full
- Client complied with agreed working conditions
- Termination was not due to unlawful conduct by Client
Replacement does not include refund unless expressly stated in writing.
Agency does not guarantee compatibility, longevity, or continued availability of any caregiver.
5. No Warranties
Agency makes no express or implied warranties, including but not limited to:
- Merchantability
- Fitness for a particular purpose
- Future performance
- Compatibility
All caregiver services are independent of Agency.
6. Limitation of Liability
To the fullest extent permitted by law:
Agency’s total liability shall not exceed the total referral fees paid by Client.
This limitation applies regardless of legal theory, including:
- Negligence
- Personal injury
- Emotional distress
- Property damage
- Statutory violations
- Third-party claims
Agency shall not be liable for:
- Indirect damages
- Consequential damages
- Punitive damages
- Lost income
- Business interruption
This limitation survives termination of this Agreement.
7. Assumption of Risk
Client acknowledges that in-home childcare involves inherent risks.
Client assumes full responsibility for supervising the caregiver and maintaining a safe environment.
Agency is not responsible for acts or omissions occurring after placement.
8. Indemnification
Client agrees to defend, indemnify, and hold harmless Agency from any and all claims arising out of:
- The employment relationship with caregiver
- Wage or hour disputes
- Government investigations
- Regulatory proceedings
- Administrative claims
- Tax disputes
- Workers’ compensation claims
- Harassment or discrimination claims
This includes attorneys’ fees, arbitration costs, expert fees, and court costs.
9. Arbitration
Any dispute arising from this Agreement shall be resolved exclusively by binding arbitration.
Arbitration shall:
- Be conducted in Los Angeles County, California
- Be administered by the American Arbitration Association (AAA)
- Follow AAA Commercial Arbitration Rules
Each party shall bear its own arbitration costs unless otherwise required by law.
The arbitrator shall have exclusive authority to determine enforceability of this arbitration provision.
10. Class Action Waiver
All disputes must be brought individually.
Client waives participation in any class, collective, or representative action.
11. Jury Trial Waiver
Client waives the right to trial by jury.
12. Governing Law
This Agreement is governed by the laws of the State of California.
13. Severability
If any provision is deemed unenforceable, the remaining provisions remain in effect.
14. Survival
The following provisions survive termination:
- Limitation of Liability
- Indemnification
- Arbitration
- Class Action Waiver
- Non-Circumvention
15. Entire Agreement
This Agreement constitutes the entire understanding between parties.
Any modifications must be in writing and signed by both parties.
