AGREEMENT BETWEEN FAMILY & My Asian Nanny Inc.

I, or We, on behalf of myself and/or ourselves and my or our child/children (collectively called the Client), the undersigned (whether one parent or two), agree that My Asian Nanny, Inc. sole service is to refer nanny, sit-month nanny (a.k.a postpartum care), elderly care nanny or housekeeping candidates to the Client. The client will select among the candidates presented by My Asian Nanny, Inc. and Client will make the sole hiring decision.

Upon learning the needs of your family, My Asian Nanny, Inc., will refer Client nannies candidates who have been interviewed by My Asian Nanny, Inc. and have had between 1-3 references checked and/or two years of childcare experience verified.  References will be provided on all nannies presented to the Client. The client is solely responsible for reviewing this information. If Client decides to make an offer of employment to a nanny, My Asian Nanny, Inc. asks that Client notifies My Asian Nanny, Inc. immediately. At that time, My Asian Nanny Inc. will have a professional investigative service conduct the following: Conviction Search going back seven years (through county records), Social Security Number Verification, and Nationwide Sex Offender Search (copies can be attained for an optional $75 service fee). My Asian Nanny, Inc. cannot guarantee the accuracy or completeness of this information. Client further acknowledges that it is the Client’s sole responsibility to carefully review and select a nanny among the candidates presented by My Asian Nanny, Inc. and to review and evaluate the information provided by My Asian Nanny, Inc. and the professional investigative service.

My Asian Nanny, Inc. is a referral agency only; it is not an employer, co-employer, nor independent contractor and assumes no liability or responsibility for the performance of the nanny. Therefore, Client unconditionally releases My Asian Nanny, Inc. and its employees, recruiters, agents, officers, and directors and agrees that My Asian Nanny, Inc. shall not be liable for any personal property damage, injury, loss, delay or expense of any sort incurred by the Client in connection with theirs selecting and hiring a nanny referred by My Asian Nanny, Inc., including without limitation acts of God, acts of war or government restriction, as well as events directly or indirectly caused by any intentional or negligent acts or omission by any nanny the Client hires. Client further agrees that if they directly or indirectly cause or contribute to any person or property damage, injury, loss or expense incurred by their employed nanny while in employment of the Client that Client will indemnify and hold My Asian Nanny, Inc. and its employees, recruiters, agents, officers, and directors harmless from any resulting liability or expense, including any court costs and legal fees incurred in defending against the employed or former employed nanny’s claim. It is understood that it is up to the Employer (Client) and not the agency to do their own due diligence and background checks when deciding on which Employee (Nanny) to hire. Employers (Client) agree to indemnify and hold the Agency (owner: Stephanie Lin. My Asian Nanny Inc) harmless from any and all liabilities, claims, damages (including attorney fees paid by client), during or after the employment period

RETAINER FEE: Client agrees to pay a $50 non-refundable retainer fee, good for one nanny candidate search, at the time of signing this Agreement.  This $50 retainer fee will be credited towards Client’s total referral fee due at the time of hire and enrolls Client in My Asian Nanny’s Replacement Guarantee Service for 45 days from the date of Agreement (see applicable fees noted in this Agreement). For Client’s convenience, if a check does not accompany this Agreement, My Asian Nanny, Inc. shall charge the retainer fee on your credit card or PayPal account. The signing of the Agreement specifically authorizes My Asian Nanny, Inc. to charge the retainer fee on your credit card.

ALL REFERRAL FEES are non-refundable, non-transferable, 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 My Asian Nanny, Inc. to charge the remaining referral amount due to your credit card if other forms of payment are not received before your employee’s first day of work. Referral fees MUST be paid no later than the nanny or household employee’s first day of employment in order for the guarantee or prorated credit to apply. If the client withdraws offer after nanny or household employee accepts, through no fault of the nanny or household employee, Client agrees to pay My Asian Nanny, Inc. an additional $100 cancellation fee. My Asian Nanny, Inc. does not refund or transfer referral fees or credits under any circumstances.

Upon fulfillment of the following conditions, subject and limited to the terms of this Agreement, if Client notifies My Asian Nanny, Inc. that the hired nanny or household employee left Client’s employment within 45 days of the first day of placement, My Asian Nanny, Inc. will provide the following to the Client to be used toward one future long term search as follows: • Within 1-45 days: free replacement period 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 between the nanny or household 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 nanny/domestic’s job duties, compensation or schedule. Determining compliance with these conditions is in the sole and absolute discretion of My Asian Nanny, Inc. If Client fails to satisfy all of these aforementioned conditions, My Asian Nanny, Inc. shall have no further obligations to Client.

CONFIDENTIALITY: The Client agrees to keep in confidence the identity of all candidates referred by My Asian Nanny, Inc. 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 undertakes to pay My Asian Nanny, Inc. the referral fee that would have been payable for that nanny or another household employee.

COLLECTIONS: Client further understands that in the event My Asian Nanny, Inc. 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 5% per month until paid.