1. Agency’s Responsibilities: The Agency’s sole obligation under this Agreement is to find and place domestic workers according to our client’s preferences (the employer). We interview each candidate and provide our clients with their personal information and employment references. The Client chooses whom to hire and when.

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2. Client’s Responsibilities: The Client (the employer) is responsible for checking the references provided and can run a background check if preferred. The Client determines whether the domestic worker is suitable for the job. The Agency has no authority over the terms and conditions of employment between the domestic worker and the Client.

 

3. Compensation to Agency: The Client (the employer) shall pay the agency a non-refundable finder’s fee of $100 to begin the process of searching, interviewing and placing. In addition, the worker has a finder’s fee to be paid.  Once the worker is in place, Client shall deduct the worker’s finders fee from their compensation and send it to the Agency. 

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4. Relationship Between the Parties:  Client acknowledges and agrees that there is no employment relationship between Client and Agency or Agency and Domestic Worker. Client further agrees that Agency is not liable for any compensation due to the Domestic Worker, 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 Worker and shall bare sole responsibility for any violation therein.

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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 Worker 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.

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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.

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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.

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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.

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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. 

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