Mandarin Tots Nanny Placement Service Agreement
​
This Agreement confirms the terms and conditions whereby Mandarin Tots agrees to assist the undersigned (“Client”) whether singular or plural. Mandarin Tots' nanny placement is a domestic referral service and will make reasonable efforts according to applicable laws to refer individual(s) to provide in-home or office services to Client (“Candidate(s)”). However, Client understands and agrees that Client is responsible for making the final decision to hire or otherwise engage a Candidate. Client understands and agrees that signing up with or paying Mandarin Tots does not guarantee that Mandarin Tots will find a suitable Candidate for Client.
Fee Schedule:
To initiate a search, Client agrees to pay Mandarin Tots a non-refundable engagement fee of $250. If Client decides to pause search for more than 30 days after initiating search, Client agrees to pay the engagement fee of $250 again when restarting the search. If Client offers a Candidate a trial period, Client agrees to pay Mandarin Tots a non-refundable deposit equal to the Candidate's 1 week of pay. This deposit is credited back to Client upon hiring of the Candidate. If Client does not hire the Candidate, the deposit paid for the trial period is non-refundable and non-transferable. Client is responsible for paying the Candidate a predetermined hourly rate during the trial period. Upon Client’s hiring or other engagement of a Candidate referred by Mandarin Tots, Client agrees to pay Mandarin Tots the Placement Fee, which is 20% of the Candidate’s gross annual salary. Gross annual salary is all wages and salary paid prior to any/all deductions. Gross annual salary is calculated by weekly compensation multiplied by 52. Client agrees to pay this fee for each Candidate Client employs or engages. Mandarin Tots will bill the fee to Client upon Mandarin Tots’ confirmation of Client’s hiring or engagement of a Candidate. Client agrees to pay Mandarin Tots this fee in full after the offer of employment is accepted by the Candidate.
There are no refunds. Client understands and agrees that Mandarin Tots will not issue any refund to Client even if Mandarin Tots does not find a suitable Candidate for Client. ​​Client further acknowledges and agrees that Candidate may interview with multiple families concurrently and remain available to other potential employers until a formal offer of employment has been accepted by the Candidate. Mandarin Tots does not guarantee the ongoing availability of any Candidate. A Candidate may become unavailable due to accepting another offer, personal reasons, or other circumstances. In any such event, no refunds or credits will be issued. All fees paid are non-refundable regardless of changes in Candidate's availability. Subject to the terms of this Agreement, in the event of a separation of employment between a Candidate and Client during the first 90 days of the Candidate’s employment with Client, Mandarin Tots agrees to refer other Candidates to the Client at no additional charge. Mandarin Tots’ obligation to provide the aforementioned replacement service is expressly conditioned on Client’s 1) satisfaction of all of its obligations under this Agreement, including but not limited to payment of all Mandarin Tots’ fees and charges in a timely manner; 2) abiding by all applicable laws; 3) not engaging in any acts of moral turpitude; and 4) not materially changing the Candidate’s job duties, schedule, or compensation. Determining compliance with these conditions is in the sole and absolute discretion of Mandarin Tots. Replacement is subject to Candidates' availability and is not guaranteed.
​
Nature of Service (Referral-Only):
Client understands and agrees that Mandarin Tots is solely a referral service, which is limited to supplying Client with contact information for prospective childcare Candidates. Mandarin Tots does not interview Candidates; screen, vet, or evaluate Candidates; verify identity, credentials, legal authorization to work, skills, training, or background of Candidates; investigate past employment or references of Candidates; inspect Candidates' social media or conduct psychological assessments of Candidates; check Candidates' driving record or criminal history; perform fingerprinting or drug tests of Candidates; supervise or monitor Candidates; and assess childcare competency, safety, judgment, or suitability of Candidates. Client acknowledges that Mandarin Tots does not conduct background checks or screening of any kind unless expressly contracted. Client is responsible for interviewing, evaluating, screening, running background checks, and determining the suitability of any Candidate.
Client acknowledges and agrees that Mandarin Tots does not screen, investigate, evaluate, supervise, train, monitor or verify Candidates in any manner; makes no representations or warranties regarding Candidates’ qualifications, behavior, competence, background, or suitability; is not responsible for any omissions, inaccuracies, or false statements by Candidates; and does not guarantee childcare safety or performance of Candidates. Client accepts full responsibility for performing all due diligence, vetting, screening, interviews, and background checks of any Candidate.
Client is Candidate’s Employer:
Client understands and agrees that it is the Candidate’s sole employer. Mandarin Tots is not the Candidate’s employer, co-employer with Client, supervisor, partner, joint venturer, or agent of any Candidate. Candidate is not an employee, agent, contractor, partner, or representative of Mandarin Tots. Mandarin Tots does not control or supervise any Candidate. Mandarin Tots is not a party to any agreement made between Client and Candidate. Client understands and agrees that the Candidate’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 Candidate. Mandarin Tots will not be responsible for the Candidate’s direction, supervision, control, and compensation. Rather, Client will be solely responsible for the Candidate’s direction, supervision, control, and compensation. Client understands and agrees that it chooses whether to hire a Candidate and agrees to comply with all obligations as an employer, including but not limited to: wages, taxes, insurance, workers’ compensation, and adherence to state and federal law.
​
Assumption of Risk (Childcare Risk Acknowledgment):
Client understands that hiring a nanny or caregiver involves inherent risks, including risks of: accidents, injuries, negligence, misconduct, emotional harm, and property damage. Client assumes all risks associated with the hiring, engagement, supervision, and employment of any Candidate. Client agrees that Mandarin Tots is not responsible for any incidents, injuries, accidents, or harms caused by any Candidate.
​
Waiver and Release of Liability/Indemnification/Limitation of Liability:
Mandarin Tots assumes no liability or responsibility for, and makes no representations or warranties about any information, credentials, materials, errors, omissions, services, Candidates, referrals, employees or potential employees (including but not limited to the qualifications or performance of individuals or Candidates) it provides to Client. Client understands and agrees that Client’s use of Mandarin Tots’ services is at Client’s own risk. Except as specified in this Agreement, Mandarin Tots does not provide and specifically disclaims any express or implied guarantees or warranties to Client. Additionally, Mandarin Tots does not employee or exercise control or discretion over Candidates and disclaims all responsibilities for Candidates’ conduct or omissions. By agreeing to the terms of this document, Client hereby waives, releases, and forever discharges Mandarin Tots and its owners, heirs, agents, employees, managers, officers, directors, attorneys, representatives and affiliated entities from any and all claims, liabilities, damages, demands, or actions, including but not limited to negligence, omissions, bodily injury, child injury, property damage, emotional distress, or harm of any kind arising out of or relating to the conduct, acts, or omissions of any Candidate or any third party. This release applies even if a Candidate injures a child or causes harm.
Additionally, Client agrees to indemnify, defend, and hold harmless Mandarin Tots and its owners, heirs, agents, employees, managers, officers, directors, attorneys, representatives and affiliated entities from any damage, claim, demand, investigation, lawsuit, liability, cost, or attorney fees arising out of: Client’s interviewing, selection, hiring, supervision, direction, employment or association of a Candidate; any action or omission of a Candidate; any claim of bodily injury, child injury, property damage, emotional distress, misconduct, abuse, or negligence by a Candidate; and any claim by government agencies, tax authorities, or third parties regardless of how, when or where any damages or liability was incurred. Client’s duty to defend begins immediately upon the assertion of any claim.
Mandarin Tots' total liability to Client shall not exceed the Placement Fee paid by Client. Mandarin Tots shall not be liable for: indirect, incidental, consequential, exemplary, special, or punitive damages; lost wages, lost profits, emotional distress, or reputational harm; and claims arising from Candidate behavior. If any portion of this clause is limited by law, liability is reduced to the maximum extent permitted.
Client Obligation of Non-Disclosure:
Client understands and agrees that all information and files of Candidates Client receives from Mandarin Tots are Mandarin Tots’ property, that the contents thereof constitute valuable and confidential information, and that such information and materials are only to be used in conjunction with Mandarin Tots’ referral services and for no other purpose. Client agrees not to disclose to anyone the names, addresses, phone numbers or any other information about any Candidate referred by Mandarin Tots. If Client provides Candidate information to another party and the other party hires the Candidate without compensating Mandarin Tots its full referral fee, Client will be responsible for paying Mandarin Tots’ full referral fee as if Mandarin Tots had placed the Candidates with the Client.
​
Miscellaneous:
This Agreement shall be governed by and interpreted according to New York Law. Any action or proceeding commenced regarding this Agreement shall be brought in New York, NY and any dispute, claim, or controversy arising out of this Agreement or relating to Mandarin Tots' services shall be resolved exclusively by binding arbitration in New York County before a single arbitrator under the rules of the American Arbitration Association. Client waives the right to sue in court and waives the right to a jury trial. Client also waives participation in class actions or collective actions.
This Agreement is entered into by Mandarin Tots and Client without reliance upon any statement, representation, promise, inducement, or agreement not expressly contained herein. This Agreement constitutes the entire agreement between Mandarin Tots and Client and supersedes all prior oral and written agreements between Mandarin Tots 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 Mandarin Tots.
Client represents that it has carefully read and fully understands the scope and effect of all of the provision 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. The terms of this Agreement are severable and may be reformed. 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. Failure or delay to exercise any right, remedy, power or privilege under this Agreement shall not operate as a waiver of any other right, remedy, power or privilege. Neither party to this Agreement shall assign or transfer this Agreement or any interest herein without the prior written consent of the other party.
Client understands and agrees that Client’s interviewing, trialing, hiring or other engagement of a Candidate referred by Mandarin Tots constitutes Client’s acceptance of the terms and conditions of this Agreement even if Client does not return this executed Agreement to Mandarin Tots.
The parties to this Agreement hereby certify, represent and warrant that they have carefully read this Agreement, that they fully understand its final and binding effect, and that they agree to all of its terms and conditions.