Childcare Agreement
1. Engagement
This agreement is between MMKS Solutions Inc, a California corporation (doing business as Jovie of San Francisco (“Jovie”) and Jovie of Sacramento) and the Client or Parent (“Parent”).
As requested by Parent, Jovie will provide a Sitter on a temporary basis (“on-call Services”). A minimum four-hour block is required for a Sitter to be scheduled for on-call Services. Jovie will attempt to source a Sitter for reasonable care requests, but does not warrant that a Sitter will be available for care requested by Parent at any time for on-call Services.
Jovie will provide sitters who have been screened, interviewed by Jovie staff, and who have passed the Jovie Premier Background Check and reference checks. By engaging our services, you agree to not independently contact, hire or refer our nannies for any purposes outside of our employ. Parent is responsible for keeping Jovie and the Sitter informed of the needs of the Child(ren). Jovie and assigned sitters will respond to the Child(ren)’s needs and provide services described in this agreement, subject to and in accordance with Jovie policies and guidelines.
2. Fees – San Francisco Bay Area
Jovie will charge Parent for all on-Call Services in the San Francisco Bay Area at a rate of $55 per hour. All Services must be booked for a minimum of four (4) consecutive hours per day. These policies shall apply for children or pets. The San Francisco Bay Area includes the counties of Alameda, Contra Costa, Marin, Napa, San Francisco, San Mateo, Santa Clara, Solano, and Sonoma.
Same-day On-Call Services will be charged instead at a rate of $65 per hour, with a minimum of four (4) consecutive hours. These policies shall apply for children or pets.
Holiday Services will be charged instead at a rate of $75 per hour, with a minimum of four (4) consecutive hours. These policies shall apply for children or pets. Holiday rates shall apply on New Year’s Eve, New Year’s Day, Martin Luther King Day, Presidents’ Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Eve, and Christmas Day.
Hourly rates may vary based on the specific on-call order request, including, but not limited to, the number, ages and needs of the children, Sitter qualifications, and requested date and time, hotel, and are subject to change for each on-call order.
An overtime rate of 1.5 times the on-call service rate will apply when the Sitter reaches the appropriate threshold under law. The state of California requires daily and weekly overtime, including some situations which require a rate of 2.0 times the on-call service rate.
Customers may cancel service at their discretion. Notice of cancellation must be given to Jovie 24 hours prior to the start of the scheduled service or the payment will not be refunded. Should Jovie not be able to provide a Sitter a refund will be processed to the original form of payment within 2 business days.
3. Fees – Greater Sacramento
Jovie will charge Parent for all on-Call Services in greater Sacramento area at a rate of $45 per hour. All Services must be booked for a minimum of four (4) consecutive hours per day. These policies shall apply for children or pets. The greater Sacramento area includes the counties of El Dorado, Nevada, Placer, Sacramento, Sutter, Yolo and Yuba.
Same-day On-Call Services will be charged instead at a rate of $55 per hour, with a minimum of four (4) consecutive hours. These policies shall apply for children or pets.
Holiday Services will be charged instead at a rate of $75 per hour, with a minimum of four (4) consecutive hours. These policies shall apply for children or pets. Holiday rates shall apply on New Year’s Eve, New Year’s Day, Martin Luther King Day, Presidents’ Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Eve, and Christmas Day.
Hourly rates may vary based on the specific on-call order request, including, but not limited to, the number, ages and needs of the children, Sitter qualifications, and requested date and time, hotel, and are subject to change for each on-call order.
An overtime rate of 1.5 times the on-call service rate will apply when the Sitter reaches the appropriate threshold under law. The state of California requires daily and weekly overtime, including some situations which require a rate of 2.0 times the on-call service rate.
Customers may cancel service at their discretion. Notice of cancellation must be given to Jovie 24 hours prior to the start of the scheduled service or the payment will not be refunded. Should Jovie not be able to provide a Sitter a refund will be processed to the original form of payment within 2 business days.
4. Employment Claims
Jovie is the employer of the nannies provided to Parent and is responsible for all employment related wage and tax compliance. Jovie agrees to release Parent from and to defend, with Jovie retaining the right to select counsel, indemnify and hold harmless, Parent from and against all liability, losses claims, damages and expenses (including attorney’s fees and disbursements which Parent may incur as a result of: (a) any claim for wages, benefits, vacation or PTO pay, or unemployment insurance by any Sitter assigned to Parent; or (b) any workers compensation injury sustained by any Sitter assigned to Parent covered by Jovie workers compensation insurance policies, as said policies may change from time to time. As the employer, Jovie reserves the right to replace or remove a Sitter at any time with immediate written notification for any reason including but not limited to appropriate work conditions.
5. Release of Jovie of San Francisco
Provided that Jovie of San Francisco has provided the services defined above according to generally accepted professional industry guidelines, Parent, the Child(ren) and or others that may assert a claim on Parent or Child(ren)’s behalf hereby agree that Jovie of San Francisco and its officers, directors, employees, insurers, and anyone acting on behalf of or on instructions from Jovie of San Francisco (the “Releasees”) shall not be held responsible or liable for any loss, damage, theft of personal property, personal injury, death, costs, or expenses of any nature arising from or related to negligence of the Releasees or otherwise. For the avoidance of doubt, any acts of gross negligence or willful misconduct of Releasees are expressly excluded from foregoing waiver and release. Parent further agrees that the Releasees shall not be held responsible or liable for any claims, other than those listed in Section 3 above, that a Sitter may have or assert against Parent. Parent will indemnify and hold the Releasees harmless from any and all such claims by a Sitter.
6. Insurance
Parents are responsible to have adequate health, accident, disability, hospitalization, personal property, or other insurance necessary to provide for and pay any medical or other costs that may be required as a result of any injury to Parent or Child(ren), or as a result of damage to personal property. Jovie does not provide any insurance for Parent or Child(ren). Jovie does provide workers compensation insurance for coverage of the Sitter. Parent authorizes Jovie and the Hotel to take such steps as may reasonably determine to be necessary for the welfare of the Child(ren) should the Child(ren) become sick, have an accident or require medical attention for any reason while the Child(ren) are in the care of Jovie, including without limitation contacting a local physician and/or taking the Child(ren) to a local medical facility.
7. Non-Solicitation of Employees
During the term of any engagement and for 12 months following termination of engagement, Parent 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. Parent may not make any private agreement with a Sitter or take 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 $4,000 as liquidated damages. Private agreements and actions include, but are not limited to, actions that would enable Parent or any other person to avoid payment of the Hourly Fees due to Jovie such as employing the Sitter directly and outside of Jovie.
8. Terms and Termination
This agreement commences upon the Effective Date and continues during the term of Parent’s use of Jovie services, until terminated by either party upon notice.
9. General
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 California. 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 of the remaining portions of the agreement shall not be affected thereby and shall remain in full force and effect.
