ABC FAMILY APPLICATION

Transcription

1 ABC FAMILY APPLICATION Date: Name(s): Address: Closest Major Cross Streets: Mother/Father s Occupation: Work/cell: Mother/Father s Occupation: Work/cell: Home Telephone: Best daytime number: (s): Does either parent work from home? Yes, mother works from home Yes, father works from home No If yes, do you have a private office space within the home? Yes No Not applicable Name of Children Age Date of Birth Grade/School If your children are in school, what are their hours? Do any of your children have special needs or health considerations we should know about? Yes No If yes, please explain: Do you have any pets? Yes No If yes, please list:

2 Candidate Profile and Job Requirements Are you seeking an employee for: Long-term (1+ year) Temporary (< than 1 year) Summer If Long-term, do you need a: Nanny Nanny Manager Family Assistant Personal Assistant Housekeeper Household Manager Do you need: Full-time (40+ hours), Live-Out Full-time, Live-In Part-time (30+ hours), Live-Out If Temporary, do you need a: Nanny Night Nanny Newborn Care Specialist Postpartum Doula On-site Special Event Childcare Tutor Housekeeper Pet Sitter Desired Start Date: Please list the hours and days your employee will be needed: Hourly Rate You Are Offering: Competitive & Need Guidance What housekeeping and cooking duties will your employee be responsible for? Please list the special skills or abilities you are seeking in an employee: Please list any additional information about your family, home or living situation the ABC Team should know before beginning your search? Yes No If yes, please explain: How did you hear about ABC Nannies, Inc?

3 AGREEMENT BETWEEN FAMILY AND ABC NANNIES & DOMESTICS, INC. I, or We, on behalf of myself and/or ourselves and my or our child/children (collectively called Client ), the undersigned (whether one parent or two), agrees that ABC Nannies & Domestics, Inc., a Colorado corporation ( ABC Nannies ABC ) shall provide services to refer an in-home childcare provider or other domestic candidate ( Candidate ) to Client. ABC will exercise reasonable efforts according to applicable law to refer Candidates to Client. ABC Nannies will refer Client Candidates whom have been interviewed and have at least three references and/or two years of childcare experience verified. Client will select amongst Candidates presented by ABC with the understanding that Client will make all hiring decisions and agrees employing a Candidate is ultimately the Client s decision. In conjunction with Candidate accepting a written offer of employment from Client, ABC Nannies will have a professional investigative service conduct a criminal background investigation. ABC Nannies will furnish Client with copies of the investigation results. ABC Nannies does not guarantee the accuracy or completeness of this information; it is the Client s sole responsibility to carefully review all Candidate information provided by ABC, as well as the professional background investigation, and select a Candidate from those presented by ABC. Signing up with or paying ABC Nannies does not guarantee agency will find a suitable Candidate for Client. ABC Nannies obligation to provide services to Client are limited as set forth herein, but it is understood that this Agreement and Client s obligation to pay the specified fees to ABC Nannies will remain in effect as long as Client continues to employ or otherwise utilize the services of a Candidate referred to Client by ABC. ABC Nannies is a referral agency only. ABC Nannies is not responsible for the Candidate s direction, supervision, control, or compensation, and ABC Nannies is not the Candidate s employer nor co-employer. Client understands and agrees that it is the Candidate s employer. ABC Nannies assumes no liability or responsibility for the qualifications, performance, conduct, errors, acts, omissions or negligence of the Candidate. Client s use of ABC Nannies is at Client s own risk. Additionally, to the maximum extent permitted by law, Client unconditionally releases ABC Nannies and its employees, recruiters, agents, officers, directors and shareholders and agrees that ABC Nannies shall not be liable for any personal property damage, injury, loss, delay or expense of any sort incurred by the Client in connection with the Candidate or their selection or hiring of an Candidate referred by ABC Nannies, including without limitation acts of God, acts of war or government restriction, as well as events directly or indirectly caused by any intentional, negligent acts or omissions by any Candidate the Client hires. Client further agrees that if Client directly or indirectly causes or contributes to any personal or property damage, injury, loss or expense incurred by Candidate while in employment of Client, Client will indemnify and hold ABC Nannies and its employees, recruiters, agents, officers, directors and shareholders harmless for any resulting liability or expense, including any court costs and legal fees incurred in defending against the Candidate s claims. Retainer Fee: Upon engaging the services of ABC Nannies, Client agrees to pay a $250 non-refundable retainer fee. For Client s convenience, if a check does not accompany this Agreement, the retainer fee will automatically be charged to client s credit card on file herein. The retainer fee will be credited towards Client s referral fee and enrolls Client in ABC s Temporary Service: College Sitters of Denver, GWV-Centennial, Boulder + FOCO for one calendar year from date of Agreement (all CNST terms and conditions, per their agreement, including hourly rates and fees, apply). The retainer fee is non-refundable and is paid to compensate the agency for general administrative activities related to opening the Client s file with the agency. Client understands and agrees that prior to ABC Nannies beginning a Candidate search for Client, Client must provide ABC Nannies with the names of any individuals whom they are considering for employment or other work engagement. Client agrees to promptly update ABC Nannies about any additional individuals Client is considering for employment who were not referred by ABC during the course of agency s search. If ABC provides Client with the name of a Candidate who Client has not previously identified to the agency and the Client hires, or otherwise engages that Candidate, Client agrees to pay ABC Nannies the referral fee. Put simply, once ABC Nannies provides a Candidate s name to Client, if Client hires or otherwise engages that Candidate unless Client informed ABC about that Candidate prior to agency informing Client about the Candidate Client agrees to pay ABC Nannies the referral fee. Fee Schedule: In the event Client employs or otherwise engages the services of a Candidate referred or introduced by ABC Nannies at any time within three years of the date of ABC s referral or introduction of the Candidate to Client, for any position, even if not for the position originally sought by Client, Client agrees to pay ABC Nannies a referral fee, pursuant to the terms of this Agreement, for each Candidate it employs or otherwise engages. Placement Packages: Client agrees to pay ABC according to the selected placement package(s) indicated below: Priority Placement A referral fee of 10% of candidate s total gross annual compensation ($2,000 minimum). The following benefits are included: Free Replacement Period: 45 Days Pro-rated Credit Replacement Period: Days 35-Hour Weekly Minimum

4 Premier Placement A referral fee of 12.5% of candidate s total gross annual compensation ($2,500 minimum). The following benefits are included: Free Replacement Period: 90 Days Pro-rated Credit Replacement Period: Days Enhanced Criminal Background Investigation (records for the past 7 years) o Social Security Number Trace o Criminal History Search o Colorado CBI Arrest Record Search (if applicable) o Motor Vehicle Report o National Criminal Database Search o National Sex Offender Registry Search o OFAC Report Office of Homeland Security Terrorist Watchlist Search CPR Certification Verification Sample Employment Agreement 30-Hour Weekly Minimum V.I.P. Placement A referral fee of 15% of candidate s total gross annual compensation ($3,000 minimum). The following benefits are included: 1-week trial period for preferred Candidate (based on availability) upon request Free Replacement Period: 180 Days Pro-rated Credit Replacement Period: Days Enhanced Criminal Background Investigation (records for the past 7 years) o Social Security Number Trace o Criminal History Search o Colorado CBI Arrest Record Search (if applicable) o Motor Vehicle Report o National Criminal Database Search o National Sex Offender Registry Search o OFAC Report Office of Homeland Security Terrorist Watchlist Search CPR Certification Verification Degree Verification Upon Request Sample Employment Agreement Sample NDA/Confidentiality Agreement 30-Hour Weekly Minimum Live-In & Mountain Nanny Placements (including but not limited to Keystone, Telluride, Vail, Aspen etc.) A referral fee of 15% of candidate s total gross annual compensation ($3,000 minimum). The following benefits are included: Free Replacement Period: 90 Days Pro-rated Credit Replacement Period: Days 40-Hour Weekly Minimum To upgrade this placement to include V.I.P. Placement Package benefits, excluding 1-week trial period, a referral fee of 20% of candidate s gross annual compensation would be due. Other Domestic Placements (including but not limited to household managers, housekeepers, personal/family assistants, etc.) A referral fee of 15% of candidate s total gross annual compensation ($2,000 minimum). The following benefits are included: Free Replacement Period: 90 Days Pro-rated Credit Replacement Period: Days 6-Hour Weekly Minimum To upgrade this placement to include all V.I.P. Placement Package benefits a referral fee of 20% of candidate s gross annual compensation would be due. 6-Month Placements A referral fee of 12.5% of candidate s total gross compensation for 26-weeks ($2,000 minimum). The following benefits are included: Free Replacement Period: 30 Days Pro-rated Credit Replacement Period: Days

5 35-Hour Weekly Minimum If the Candidate is employed or otherwise engaged one day or more beyond the agreed upon 26-week term, the remainder of the fee for a one-year+ placement will be due and charged immediately to the card on file. Night Nannies, Doulas, Newborn Care Specialists (those employed for days) A referral fee of 17% of candidate s total gross annual compensation ($500 minimum, 14-day replacement period). The following benefits are included: Free Replacement Period: 7 Days Pro-rated Credit Replacement Period: Days Night Nannies, Doulas, Newborn Care Specialists (those employed less than 3 months) For Night Nannies, Doulas, Newborn Care Specialists (collectively called Employee ) initially engaged for less than a 60-day period, temporary referral fees will be charged at the rate of $30 per day or night, per Employee (4-hour minimum). An additional $10 service fee is added for all last-minute care requests (less than 24-hours notice). Holiday rates for Christmas Eve, Christmas Day, New Year's Eve, New Year's Day, Valentine's Day, Easter, Memorial Day, Independence Day, Labor Day and Thanksgiving shall be $60 per day, per Employee. Should a client book an Employee directly, the same fees apply. ABC does not guarantee temporary services will always be available and are provided by ABC based on the availability of candidates willing to provide the requested services. All temporary referral fees are to be paid directly to ABC, are in addition to compensation agreed to be paid by Client to Employee and are due to ABC for so long as Client continues to employ Employee, in any capacity. An Employee once hired to render temporary services shall be compensated directly by the Client. If Client cancels service after care has been confirmed there is a cancellation fee due to ABC; cancellation fee will equal the original service fee. If care is cancelled within 24 hours of scheduled care time, Client will also be responsible for paying temporary Employee for 4 hours of agreed hourly amount. If Client does not pay Employee directly, this amount will be charged on Client s credit card plus a 5% service fee in which event ABC will reimburse the Employee. Temporary referral fees are non-refundable, non-transferable, shall not be credited towards any other fees owed by Client to ABC, and are due immediately upon staffing. The signing of this agreement specifically authorizes ABC to charge the temporary referral fees to your credit card. Referral Fees: are non-refundable, non-transferable, earned in full, shall not be credited to any other fees owed by Client to ABC and are due immediately after an offer is accepted and before the Candidate s first day of employment. The signing of this agreement specifically authorizes ABC to charge the referral fee to your credit card if a check is not received before candidate s first day. No client application shall be accepted without a valid credit card number and authorization of use by ABC for this purpose. Referral fees must be paid no later than the Candidate s first day of employment in order for replacement guarantees to apply. Client understands and agrees that Client s hiring or other engagement of a Candidate referred by ABC Nannies will constitute Client s acceptance of the terms and conditions of this Agreement even if Client does not return this executed Agreement to ABC Nannies. Total gross annual compensation includes all compensation in whatever form, including but not limited to gross hourly wages, salary, overtime, travel pay, bonuses, relocation expenses, housing allowances, the value of health/dental insurance or health/dental insurance reimbursement, and the value of room and board, received by the Candidate from Client annualized based on 52-weeks, regardless of the duration of employment. If the Candidate s hours or compensation increase during the first year of the placement, or if the type of assignment changes during the first year, Client agrees to inform and pay ABC Nannies for any additional hours, compensation, or type of assignment using the applicable formulas noted above and according to the terms of this Agreement. Replacement Policy: Upon fulfillment of all the conditions listed herein, subject and limited to the terms of this Agreement, if the initial Candidate leaves Client s employment within the replacement time limits set forth in Client s selected Placement Package of this Agreement ABC will make reasonable efforts according to applicable law to provide additional referrals to Client to be used towards one future long-term (1+ year) search. Free replacement and pro-rated replacement credits are based on the Candidate s first day of employment or other engagement and their last day of employment (1-365 days). Replacement searches are valid for 90 days from the employment separation date and will be applied toward one long-term search, whether or not that search results in hire. ABC does not refund or transfer fees nor credits under any circumstances. ABC s obligation to provide the aforementioned free replacement or pro-rated 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 in full on or before Candidate s first day of employment; (2) providing a written work agreement with the Candidate no later than one week after Candidate s first day of employment; (3) abiding by all applicable laws, including paying the Candidate in a timely manner in full as required by law; (4) not engaging in any acts of harassment, abuse, or moral turpitude in the context of the employment relationship; (5) not materially changing the Candidate s job duties, compensation or schedule. Determining compliance with these conditions is in the sole and absolute discretion of ABC. If Client fails to satisfy all the aforementioned conditions, ABC shall have no further obligations to Client.

6 Candidate Contract: Client agrees that any agreement reached with a Candidate will be in writing. Client must provide a copy of this work agreement to ABC within one week of the Candidate s first day of employment with Client. Client s failure to provide a copy of the work agreement with the Candidate will result in Client forfeiting any and all rights under this Agreement s replacement and pro-rated credit policies. Confidentiality: Client understands and agrees that, to the maximum extent allowed by law, all information and materials about Candidates are to be kept strictly confidential and are to be used only in conjunction with ABC Nannies referral services. If Client provides Candidate information to another party and the other party hires or otherwise engages the Candidate without compensating ABC Nannies its full fees, Client will be responsible for paying ABC Nannies full fees as stated in this Agreement as if ABC Nannies had placed the Candidate with a client. Attorney s Fees: Should either party employ attorneys to enforce against the other party hereto, any provisions hereof, or to protect it s interest or recover damages from the other party hereto for breach of this Agreement, the non-prevailing party in any action or part thereof agrees to pay the prevailing party all responsible costs, damages and expenses, including attorneys fees expended or incurred in the connection herewith. Miscellaneous: This agreement shall supersede any and all other agreements, whether oral or written, between the parties. Each party to this agreement acknowledges that no representations, promises, or agreements, oral or written, have been made by either party which are not in this agreement and that only the rights and obligations in this agreement are valid or binding. 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. Client Signature Date Client Signature Date Client Name(s) printed ABC Nannies, Inc. Date Credit Card Information Collected by ABC Upon Receipt Visa MasterCard Discover Card Number: Expiration Date: / V-code: Billing Zip Code: