Nanny On-Call Childcare Services Agreement
This Nanny On-Call Childcare Services Agreement (the “Agreement”) is made as of between NANNY NINJA (the “Agency”) and (the “Client”). NANNY NINJA will work with a team of pre-screened nannies to fulfill a short-term or temporary childcare job (the “Assignment”), as requested by the Client.
1. Services Provided
1.1 NANNY NINJA will present the Assignment to nannies from its On-Call team to provide childcare services in the Client’s home, hotel, or other suitable space. The nannies may accept the Assignment based on their availability and interest.
1.1.1 All nannies on NANNY NINJA’s On-Call team have been pre-screened. The pre-screening process includes but may not be limited to the following tasks:
· Personal interview
· Work eligibility confirmation
· Criminal record check
· Reference background check
· Confirmation of valid CPR and First Aid certificates
1.1.2 The nanny’s role is to focus on the children’s well-being. As such, their responsibilities shall not include performing household chores and tasks that do not directly involve caring for the children. Permitted tasks would include cooking meals for the children, cleaning up after children’s meals and ensuring proper cleanup of children’s activities.
1.1.3 Due to the temporary nature of the role, the On-Call nannies are unable to drive the children they are caring for, either in their own vehicle or in the Client’s vehicle.
1.1.4 The nannies are only able to administer medication with the express, written consent of the Client.
1.1.5 Nannies who accept the Assignments are all independent contractors and are not employees of NANNY NINJA or the Client.
1.2 NANNY NINJA will inform the Client when a nanny has been confirmed to fulfill the Assignment.
1.3 The On-Call program is designed to provide short-term childcare solutions for the Client. If the Client requests multiple days, NANNY NINJA cannot guarantee that the same nanny will be booked for each and every day of the Assignment.
1.4 NANNY NINJA will at its sole discretion select the nanny who will fulfill the Assignment.
1.5 NANNY NINJA reserves the right to replace the nanny scheduled for the Assignment at its sole discretion.
1.6 If the Client has a preference to book a specific nanny, they may request that nanny. Assigning the requested nanny is subject to the nanny’s availability and NANNY NINJA’s approval.
1.7 The services will also include any other tasks which both the Client and NANNY NINJA may agree on. NANNY NINJA hereby agrees to provide such services to the Client.
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2. Booking and Nanny Fees
2.1 The Client will pay NANNY NINJA a $33 booking fee for each day a nanny is requested. This payment is due at the time the Client completes the On-Call Booking Form.
2.2 The Client will pay the nanny directly for their hours worked. The payment to the nanny is due at the end of each day the nanny works.
2.2.1 The nanny payment will be calculated as per the following rates:
Regular Hourly Rate: $17 / hour
Overtime Rate: $25.50 / hour
**Overtime Rate applies for hours worked beyond 8 hours in a day, beyond 44 hours worked in a week, on statutory holidays, and for hours worked between 12AM and 6AM.
Double Rate: $34 / hour
**Double Rate applies for hours worked beyond 12 hours in a day, beyond 55 hours worked in a week, and for the following days: Christmas Eve, Christmas Day, New Year’s Eve, New Year’s Day
2.2.2 The nanny rate includes care for up to 3 children. A $2 per hour surcharge applies for each child in the nanny’s care beyond 3 children. One nanny can care for a maximum of 6 children. If care for more than 6 children is required, the Client is required to book enough nannies so that there is a minimum of 1 nanny for every 6 children present. Each nanny can only be responsible for a maximum of two children under the age of 2 at the same time.
2.2.3 If the Client does not pay the nanny for services rendered at the time due, NANNY NINJA reserves the right to collect payment on behalf of the nanny by charging the Client’s credit card, plus a $100 collection fee.
2.3 All monetary amounts referred to in this Agreement are in CAD (Canadian Dollars) and are subject to applicable Federal and Provincial sales taxes.
2.3.1 Nannies who work in the On-Call program are independent contractors, and are not employees of either NANNY NINJA or the Client. Each Nanny is responsible for determining if they need to collect Federal and/or Provincial sales taxes for their services rendered.
3. Refund Policy
3.1 NANNY NINJA does not guarantee that it can fulfill any requested Assignment.
3.2 NANNY NINJA will make every effort to assign a nanny for the Client. If an Assignment cannot be filled, NANNY NINJA will inform the Client and the booking fee will be refunded.
3.3 NANNY NINJA suggests that Assignments are requested at least 48 hours prior to the time a nanny is first needed. If the Client needs a nanny in less than 48 hours, they are advised to call NANNY NINJA to discuss the requested role prior to booking.
3.4 If the Client cancels an Assignment less than 24 hours’ notice prior to a shift commencing, and a nanny has already been secured for that shift, the Client agrees to pay a cancellation fee of $80. The fee will automatically be charged to the Client’s credit card.
3.5 If the Client cancels an Assignment after a nanny has been booked, NANNY NINJA will issue a booking credit to be used towards future booking fees. The credit is valid for 365 days from the date of issue. NANNY NINJA does not issue refunds in lieu of the booking credit.
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4. Enticement of Recruits. During the term of this Agreement and for a period of one (1) year thereafter, the Client will not, directly or indirectly, solicit childcare services from any candidate of NANNY NINJA or any affiliate of NANNY NINJA without being liable for the standard On-Call fees plus $500. Should NANNY NINJA be a procuring cause of any candidate hired by the Client, the standard On-Call fees shall be applied as well.
5. Surveillance. The Client must disclose to NANNY NINJA and the assigned nanny if there is video surveillance of any kind on the premises. Audio surveillance is strictly prohibited.
6. Confidentiality.
6.1 Any information disclosed to the Client regarding referred candidates is confidential and the property of NANNY NINJA. The Client agrees not to forward a referred candidate or candidate documents to any third party.
6.2 The Client agrees that they will not disclose, divulge, reveal, report or use, for any purpose, any confidential information which the Client has obtained, except as authorized by NANNY NINJA or as required by law. The obligations of confidentiality will apply during the term of this Agreement and will survive indefinitely upon termination of this Agreement.
7. Standard of Care. NANNY NINJA will perform services under this Agreement in a professional manner in accordance with the Client’s instructions. The Client will be wholly responsible for its decisions and NANNY NINJA will have no responsibility or liability for the quality, performance, malfeasance or wrongdoing of any nanny presented to the Client by NANNY NINJA.
8. Limitation of Liability. In no event shall NANNY NINJA be liable to the Client, whether in contract or in tort or under any other legal theory, for injury, lost profits or revenues, loss of use, property damage, or similar economic loss, or for any indirect, special, incidental, consequential or similar damages, arising out of or in connection with the performance or non-performance of this Agreement, or for any claim made against the Client by any other party, even if NANNY NINJA has been advised of the possibility of such claim. As a referral agency, NANNY NINJA is not an employer of the nannies and assumes no responsibility or liability for performance of the nanny. In no event shall NANNY NINJA be liable under any claim made by the Client to exceed the total amount of fees theretofore paid by the Client to NANNY NINJA under this Agreement.
9. Miscellaneous. This Agreement constitutes the entire agreement between NANNY NINJA and the Client with respect to the subject matter hereof, and supersedes all prior agreements, oral or written, with respect to such subject matter. This Agreement shall be governed by and construed and enforced in accordance with the laws of the Province of Ontario, excluding its principles of conflicts of law.