This Childcare Agreement (“Agreement”) between Jovie of Sunnyvale, Pasadena, and San Deigo [FOR CA LOCATIONS] Jovie of Edina, Wayzata, and Chanhassan [FOR MN] and Jovie of Seattle, Redmond, and Bellevue [FOR WA] (“Jovie”), an independently owned and operated Jovie® franchise and “Client”.
Jovie provides temporary sitter services (“Sitter Services”) for children ranging from 3 months-13 years old. Sitters are screened, interviewed by Jovie staff, and have passed the Jovie Premier Background and reference checks. Jovie will attempt to secure the requested number of sitters for a visiting Client as requested but does not guarantee that sitters will be available. If you request care at a different location, sitters may be provided by another Jovie® franchise at its applicable rates and care will be subject to these same terms and conditions. You are responsible for keeping Jovie and the sitter(s) informed of the needs of the child(ren), and we will respond to these needs consistent with Jovie’s policies and guidelines.
Jovie must have a signed Visiting Family & Hotel Care Sitter Services Agreement, Family Information Form, and a completed Payment Authorization Form before starting care. A minimum four (4) hour block is required for sitter(s) to be scheduled.
Client shall notify Jovie of the number and ages of children at least one week prior to the date of care. If Client requests care for additional children within one week of the date of care, Jovie will attempt to accommodate such requests, subject to caregiver availability. Jovie will provide the number of caregivers based on the following ratios: 3 children per caregiver (ages 3 months – 3 years), 4 children per caregiver (ages 4 – 12 years), and 5 children per caregiver (ages 13+).
Client agrees to pay via credit card; a 3% surcharge will be included per transaction. An overtime rate of 1.5x the hourly rate is charged when the sitter reaches the overtime threshold under applicable law and on Federal holidays. The rate range is subject to change on thirty (30) days’ notice
Client agrees to pay for care in full, up-front, upon Jovie securing a caregiver. Jovie will calculate the fee of care based on your family’s schedule provided.
Parking fees may apply depending on the care location and must be paid in full, up-front.
All fees are non-refundable, non-revocable and non-transferrable. Should the Client exceed pre-paid hours, Jovie will charge the remaining balance within 2 weeks of care. Jovie may decline service requests if balances are outstanding or payment has been declined by your bank.
Client may cancel service at your discretion; however, all fees are non-refundable.
Caregivers may assist with light housekeeping tasks related to the children during periods of downtime, such as naps or quiet play. Permissible tasks include, but are not limited to, tidying children’s toys and play areas, folding or putting away children’s laundry, and cleaning up after meals or snacks prepared or consumed during the shift. Caregivers are not responsible for deep cleaning or household tasks unrelated to the care of the children.
All sitters providing Sitter Services under this Agreement are employees of Jovie, which is responsible for the payment and reporting of all wages, employment taxes, Workers’ Compensation coverage, and other legal requirements arising from the employer/employee relationship. Jovie hereby releases and agrees to indemnify, defend, and hold Client harmless from and against all liability, losses, claims, damages, and expenses (including attorney’s fees) which Client may incur as a result of any claim by a sitter for nonpayment of wages, benefits, vacation, or sick time.
Jovie is an Equal Opportunity Employer and maintains a business and workplace free of discrimination or harassment. JOVIE does not discriminate on the basis of race or gender, gender identity, color, sex, sexual orientation, religion, national origin, age, disability status, veteran status or any other factor that is not relevant to the provision of Nanny or Sitter Services.
In exchange for Jovie providing the services, by signing below Client, on behalf of yourself, your family, and your minor Child(ren) hereby release and agree to indemnify, defend, and hold harmless Jovie, its affiliates, franchisor, subcontracted franchisees, and parent companies, and their officers, directors, nannies, employees, and agents (the “Releasees”) for any and all liability, losses, claims, damages, thefts of or damage to personal property, personal injuries (including death), costs, or expenses of any nature (“Claims”) arising from or related to the negligence of the Releasees or the Sitter Services, including but not limited to Claims arising from Client requests, authorizations, and activities recited in Sections 6 through 8 below. This release shall not apply to the extent that such damage or injury arises out of a nanny’s or release’s gross negligence or willful misconduct.
Client is responsible to have adequate health, accident, disability, personal property, theft, auto, and other insurance to cover any costs, expenses, injuries, or losses associated with or suffered as a result of the Sitter Services. Jovie does not provide any insurance coverage to Client or Child(ren).
Medical, family, and other personal information may be shared within Jovie’s system as needed to administer the program and deliver services. Client authorizes Jovie and any assigned sitter to take reasonable, necessary steps in the best interest of a Child who becomes sick, has an accident, or requires medical attention during care, including without limitation administering first aid, calling 911, and/or transporting the Child for emergency medical treatment. Medication administration requires Client written approval (below) and written instructions provided to the nanny prior to the care event, which includes the medication name, dosage, timing, and any other relevant information. Instructions must be consistent with those on the prescription or packaging.
Due to the inherent risks, Jovie discourages the transportation of Child(ren) in a motor vehicle during a care event. If you still request transportation, Jovie recommends that Client’s vehicle is used for the protection of both the nanny and the Child(ren) to assure the vehicle satisfies all safety requirements, adequate insurance is in place, and car seats have been properly installed. Jovie makes no representation as to the suitability of any nanny or any nanny’s vehicle for this purpose. Sitters are prohibited from transporting any child who is not wearing the proper restraint or using a car seat.
Sitters are not certified lifeguards. Jovie recommends swimming only under the supervision of a lifeguard or as part of an organized swimming lesson. Client takes full responsibility if you authorize your Child(ren) to go swimming under these or any other circumstances.
Client is responsible for providing the Sitter(s) with funds for child(ren)’s food, child(ren)’s beverages, child(ren)’s snacks, child(ren)’s souvenirs, all entry fees, all admissions fees, all parking or valet fees, Sitter(s)’ gas mileage or any other costs accrued during care (“Incidentals”). Client is encouraged but not required to include Sitter(s) in the cost of food.
Incidental funds must be provided to Sitter(s) upon arrival. Jovie recommends you communicate clearly with the Sitter(s) what the funds are intended for and collect receipts upon completion of care. Jovie is not responsible or liable for Incidental funds.
During the term of any engagement and for 12 months following termination of the engagement, Client may not engage, hire, solicit to hire or solicit to engage, directly or indirectly, or refer to a third party to hire or engage, any sitter introduced to you or that provided services to you, without the express written permission of Jovie and payment of the fees set forth below.
Client may not make any private agreement with a sitter or take any action which is inconsistent with this Agreement, or which has the effect of avoiding any of the obligations of this Agreement. Any violation of this provision requires a payment of an additional fee of $5,000 as liquidated damages. Private agreements and actions include, but are not limited to, actions that would enable Client or any other person to avoid payment of the Placement Fee and Hourly Fees due to Jovie such as employing the sitter directly and outside of Jovie.
This Agreement commences upon the Effective Date and continues during the term of Client’s use of Jovie services, until terminated by either party upon notice.
Any breach or controversy arising out of, or related to, this Agreement or the breach thereof shall be resolved under the laws of the State of CA, MN, or WA. If any term or provision of this Agreement shall be held to be illegal, unenforceable, or in conflict with any law governing it, the validity and legality of the remaining portions of the Agreement shall not be affected thereby and shall remain in full force and effect.
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