TERMS AND CONDITIONS
1. Agency’s Responsibilities: The Agency’s sole obligation under this Agreement is to refer Client to an experienced Domestic Provider. We do interview them (The Domestic Provider) and provide their employment references to clients.
2. Client’s Responsibilities: Client is responsible for checking all references for the Domestic Provider. Client is also responsible for determining whether the Domestic Provider is suitable for the job. Client acknowledges that Agency has no authority over the terms and conditions of employment between the Domestic Provider and the Client, after Agency’s fees have being collected.
3. Compensation to Agency: Client shall pay the Agency a nonrefundable finder’s fee of $100 to begin the process. Once the worker is in place, Client may deduct the Agency’s fee from the Domestic Provider compensation from the trial day and the first two weeks of work. If the Domestic Provider works more hours than being offered the agency should be notified.
4. Relationship Between the Parties: Client acknowledges and agrees that there is no employment relationship between Client and Agency or Agency and Domestic Provider. Client further acknowledges that Agency is not a joint employer Domestic Provider, and nothing herein shall be construed to create a partnership, employment, or joint venture relationship between the Parties. Client further agrees that Agency is not liable for any compensation due to the Domestic Employee and that such compensation is the sole responsibility of Client. Client further agrees that he/she will comply with all laws applicable to the relationship between Client and Domestic Employee and shall bare sole responsibility for any violation therein.
5 Hold Harmless and Indemnification: Client agrees to indemnify and hold Agency, and each of its owners, shareholders, officers, directors, employees, and customers, harmless from and against any claim, demand, liability, loss, action, cause of action, costs, damages and/or expenses, including, but not limited to, reasonable attorney’s fees, resulting or arising, directly or indirectly, from this Agreement or from any acts or omissions by Client in connection with this Agreement. Client further agrees to indemnify, defend, and save harmless Agency, its officers, directors, agents, employees and assigns against any and all claim, demand, cause of action, loss, damage, expense or liability of any nature whatsoever (including reasonable attorney's fees, costs or expert expenses) brought by the Domestic Provider or any other person acting on his/her behalf for wages, compensation, premiums, tax payments, contributions or employee benefits as well as harassment, discrimination, retaliation or any other employment related-claims resulting or arising, directly or indirectly, from this Agreement.
6. Governing Law and Waiver of Jury Trial: The Parties agree that any action arising under this Agreement or out of the relationship established by this Agreement shall be brought only and exclusively in courts of the State of Florida, under the laws of the State of Florida, and shall be determined by a judge sitting without a jury.
7. Prevailing Party: In the event that any dispute, suit, action or proceeding is commenced or instituted under or in relation to this Agreement, including, without limitation, to enforce any provision in this Agreement, the prevailing party in such dispute, suit, action or proceeding shall be entitled to recover from the other party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation reasonable fees and expenses of attorneys and accountants. For purposes of this Agreement, the “prevailing party” shall be deemed to be that party who obtains substantially the result sought in any such dispute, suit, action or proceeding, whether by settlement, mediation, arbitration, judgment, appeal or otherwise.
8. Waiver of Breach: The waiver by the Agency of a breach or threatened breach of any provision of this Agreement by the Client shall not be construed as a waiver of any subsequent breach of the Client.
9. Entire Agreement: This Agreement contains the entire agreement and understanding between the Parties and shall not be amended unless in writing signed by both Parties.
10. Severalty: The provisions of this Agreement are separate and severable. Should any provision of this Agreement be declared or be determined by any court of competent jurisdiction to be illegal, invalid, or unenforceable, legality, validity, or enforceability of the remaining parts, terms, or provisions, shall not be affected, and the illegal, unenforceable, or invalid part, term, or
provision shall be deemed not part of this Agreement.
11. Headings: The headings contained in the Agreement are for reference purposes only and shall not in any way affect the meaning or interpretation of this Agreement.
12. Joint Preparation: The Parties acknowledge that the language agreed to expresses the Parties’ mutual intent, and the resulting document must not, solely as a matter of judicial construction, be construed more severely against one of the parties than the other.
13. Counterparts: This Agreement may be executed in separate counterparts, each of which will be deemed to be an original and all of which taken together will constitute one and the same agreement. Facsimiles of signatures shall be deemed as effective as an original.