On Call Sitter Agreement

Client’s Name as it appears on Crdit Card:


Client’s Complete Billing Address:
City:State:Zip:

Type of Card :  

Last four digits of Credit card:   Exp.                   CVC Code


Complete Credit Card information will be collected via phone and verified once the booking is confirmed.

I (“Client(s)”) hereby authorize Carmen Brown and or Kids 1st Nanny Referral Agency (“Kids 1st”) to charge my credit card for the following services: (select one of the following).

   

   
    


Client understands and agrees that all fees are non-refundable, earned in full, and immediately due and payable at the time of scheduling the booking.

If any fees or portions thereof are not paid when due, Kids 1st will charge and Client agrees to pay interest on the unpaid amount of the fee.  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.  If Client’s account is turned over to an agency or other entity for collection, all fees, costs and interest incurred relating to the collection activity will be added to Client’s original balance and become payable to Kids 1st according to the terms of this On Call Sitter Agreement (the “Agreement”), and Client agrees to pay all such fees, costs and interest.


Client’s Signature: ________________________________________________     Date: _______________________

Type in Full Name

Client understands and agrees that in addition to the charges listed above payable to Kids 1st, Client must pay the sitter his or her own wages for the sitter’s services. Such wage payments must be made directly by the Client to the sitter. The sitter’s wages are not paid to or through Kids 1st.
Client understands and agrees that the sitter’s work schedule and the method, manner and means of employment, and any other terms and conditions of employment, will be determined by Client and the sitter.  Kids 1st will not be responsible for the sitter’s direction, supervision, control or compensation, and Kids 1st is not the sitter’s employer or co-employer with Client.  Rather, Client will be solely responsible for the sitter’s direction, supervision, control and compensation, and Client understands and agrees that it is the sitter’s employer.  Accordingly, Client understands and agrees that it will be responsible for all employer related taxes, withholdings, obligations and requirements according to applicable law.  Clients are encouraged to discuss the tax implications of hiring sitters with their accountants or attorneys.
Kids 1st will make reasonable efforts to refer sitters to Client according to applicable law.  Kids 1st also will take reasonable steps outlined herein to ascertain the sitter’s background.  However, Kids 1st makes no guarantees, representations or warranties about the qualifications, ability, credentials, suitability, availability or performance of sitters.  Signing up with or paying Kids 1st does not guarantee that it will find a suitable sitter for Client.
All sitters’ information is to be kept strictly confidential and is to be used only in conjunction with Kids 1st services.  If Client provides a sitter’s information to another party and the other party hires the sitter without compensating Kids 1st its full annual registration and booking fees, Client will be responsible for paying Kids 1st’s full annual registration and booking fees as if Kids 1st had booked the sitter with a client.
In addition to the sitters services referenced herein, if Client hires or otherwise engages the services of a sitter as a part-time or full-time nanny or other caregiver, Client agrees to pay Kids 1st $1,500 for any part-time placements (defined as 24 or fewer hours per week) and $2,200 for any full time placements (defined as 25 or more hours per week).

DISCLAIMER/WAIVER/HOLD HARMLESS/LIMITATION OF LIABILITY
Kids 1st assumes no liability or responsibility for, and makes no representations or warranties about, any information, material, errors, omissions, services, candidates, sitters, referrals, employees or potential employees (including but not limited to the qualifications or performance of individuals) it provides to Client.  Client’s use of Kids 1st’s services is at Client’s own risk.  Except as specified in this Agreement, Kids 1st does not provide and specifically disclaims any express or implied guarantees or warranties to Client.  Additionally, Kids 1st does not employ or exercise control or discretion over sitters and disclaims all responsibilities for sitters’ conduct or omissions.
By signing this document, Client hereby waives and releases Kids 1st and its owners, agents, employees, officers, directors, attorneys, representatives and affiliated entities from all liability, including but not limited to liability arising from negligence, equipment, or the actions of any third party (including but not limited to candidates, sitters or anyone referred to Client by Kids 1st), arising under law or otherwise.
This Agreement does not govern claims that cannot be released by private agreement or that cannot lawfully be waived.  In addition, this Agreement does not limit either party’s right, where applicable, to file, cooperate with or participate in an investigative proceeding of any governmental entity, or to file charges that do not seek personal relief for released claims with any governmental entity.
Additionally, Client shall indemnify, defend and hold Kids 1st and its owners, agents, employees, officers, directors, representatives, attorneys 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 candidate, sitter or other person referred to Client by Kids 1st, regardless of how, when, or where any damages or liability was incurred.
Finally, in no event shall either party to this Agreement 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 registration and booking fees received by or owed to Kids 1st from Client.  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.

MISCELLANEOUS
This Agreement shall be governed by and interpreted according to the laws of the State of California.  Any action or proceeding commenced regarding this Agreement shall be brought in Riverside County, California.
This Agreement constitutes the entire agreement between Kids 1st and Client and supersedes all prior oral and written agreements between Kids 1st and Client with respect to the subjects covered in this Agreement.  This Agreement shall not be amended or modified except in a mutually agreed upon writing signed by Client and an authorized representative of Kids 1st.
The terms of this Agreement are severable.  The invalidity or unenforceability of any provision within this Agreement shall not affect the application of any other provision, provided that the essential terms and conditions of this Agreement for each party remain valid, binding and enforceable.  Further, consistent with the purposes of this Agreement, any otherwise invalid provision may be reformed and, as reformed, enforced by any party to this Agreement.
Neither party to this Agreement shall assign or transfer this Agreement or any interest herein without the prior written consent of the other party.
The rights and remedies provided in this Agreement shall be the sole and exclusive rights of the parties to this Agreement against one another relating to the subject matter of this Agreement.

The parties to this Agreement hereby certify, represent and warrant that they have carefully read this Agreement and that they fully understand its final and binding effect.


Client(s)


    ______________________________________________
Printed Name       Signed Name       Date


   ______________________________________________
Printed Name       Signed Name        Date


Kids 1st Nanny Referral Agency


__________________________________________________________________________
Printed Name       Signed Name       Date


I accept the terms and conditions of this contract:
© Copyright Kids 1st Nanny Referral Agency 2007-2010.
Type in full  name
Last Name:
First Name: 
Phone #:
Cell Phone:
Parent/Guardian 2:

email:
Cell Phone:
Times:
Booking 1 Date:
Booking 2 Date:
Times:
1. Children: Name: 
Date of Birth:
2. Children: Name:
Date of Birth: 
3. Children: Name:
Date of Birth:
Medical Conditions, Allergies Etc:
Location of booking, including address:
Additional Comments:  
Kids 1st
Nanny Inc.
SERVING COACHELLA VALLEY SINCE 1998! 
WE ARE THE PREMIER AGENCY!
Kids 1st Nanny Inc.
760 774-0827
440 S. ElCielo Rd, Ste. 3-471
Palm Springs, CA 92262-6737

Kids 1st Nanny Inc. ("Kids 1st") is a referral agency. Serving Coachella Valley & Inland Empire.
Phone: 760 774-0827 - Fax: 760 400-8322 - Email:pskids1st@aol.com
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