AGREEMENT BETWEEN FAMILY & MY ASIAN NANNY, INC.
By submitting the Family Registration Form and/or paying any retainer or referral fee, you (“Client”) agree to the following legally binding terms with My Asian Nanny, Inc. (“Agency”).
1. Referral Agency Only. My Asian Nanny, Inc. is a referral agency only. The Agency introduces candidates for possible employment. The Agency is not the employer, co-employer, joint employer, or supervisor of any candidate. All hiring decisions are made solely by Client. Once hired, the caregiver is employed directly by Client.
Client assumes full responsibility for supervision, payroll, taxes, insurance, compliance with employment laws, and workplace safety.
2. Candidate Screening & Background Checks. The Agency interviews candidates and may verify experience and references. Background checks are conducted by independent third parties upon hiring intent. The Agency does not guarantee accuracy or completeness of any report. No screening process guarantees future conduct. Client is solely responsible for independent due diligence.
3. Retainer Fee. Client agrees to pay a non-refundable retainer fee to initiate the search. The retainer activates candidate sourcing and screening. The retainer is valid for six (6) months and applies to one active search only. It does not apply toward the closing fee.
4. Closing / Placement Fee. If Client hires a referred candidate, Client agrees to pay the full closing fee as outlined on the Service Fees page. The closing fee is earned upon candidate acceptance of employment and is due no later than the first day of work. The closing fee is non-refundable and non-transferable. The fee applies to any direct or indirect hiring within twelve (12) months of referral.
5. Replacement Guarantee (Limited Remedy). If a placement ends within 60 days (California) or 90 days (outside California), the Agency will provide a replacement search at no additional referral fee, provided Client:
- Paid the closing fee in full and on time;
- Provided a written work agreement within 7 days;
- Complied with all employment laws;
- Did not materially change job duties, compensation, or schedule;
- Did not create unsafe or unlawful working conditions.
The guarantee covers replacement search only. No refunds will be issued under any circumstances. Determination of eligibility is at the Agency’s sole discretion.
6. Limitation of Liability. To the fullest extent permitted by law, My Asian Nanny, Inc. shall not be liable for injury, property damage, employment disputes, negligence, misconduct, tax obligations, or any acts or omissions of the caregiver. In no event shall Agency liability exceed the total referral fees paid.
7. Indemnification. Client agrees to indemnify and hold harmless My Asian Nanny, Inc., its officers, agents, and employees from any claims, damages, losses, liabilities, or attorney’s fees arising out of Client’s employment of any referred candidate.
8. Payment Authorization. By signing this Agreement and submitting payment information, Client authorizes Agency to charge the applicable retainer and closing fee if not otherwise paid before employment begins.
9. Arbitration. Any dispute arising from this Agreement shall be resolved through binding arbitration in Los Angeles County, California under California law. Client waives the right to jury trial and class action participation.
10. Acceptance of Terms. By submitting the registration form or paying any fee, Client acknowledges that they have read, understood, and agreed to these terms.
