1. ENGAGEMENT OF AGENT. Subject to this Agreement, Agent shall serve as Client’s representative to locate an individual (each, a “Temporary Candidate”) to provide in-home or household services (“Household Services”) to Client, on a temporary basis of fewer than twelve (12) weeks.
2. SERVICES OF AGENT. Prior to or concurrently with executing this Agreement, Client submit an application to Agent indicating, among other things, what position Client seeks to fill, Client’s contact information, and Temporary Candidate’s scope and duration of work (the “Application”). During the Term (as hereinafter defined), Agent shall find a Temporary Candidate for Client’s consideration who (A) meets the criteria reflected in the Application and (B) who passes the Background Investigation (as defined below) as of the date such investigation is conducted (collectively, the “Search Services”). Agent shall conduct an investigation of each Temporary Candidate, which shall include (1) a criminal check, sex offender check, social security verification, driving history, drug screening, (2) a check of Temporary Candidate’s work references and (3) verification that Temporary Candidate has at least one year of relevant experience and is eligible to work in the United States (the “Background Investigation”). Agent shall refer the Temporary Candidates who meet the Search Services requirements to Client, who may, in its sole and absolute discretion, elect to employ one or more Temporary Candidates referred by Agent. Client shall be solely responsible for hiring, employing and paying Temporary Candidate; in no event shall Agent hire any Temporary Candidate or be a party to any employment agreement with any Temporary Candidate, including, but not limited to, any employment agreement between Temporary Candidate and Client. Agent shall have no duty to supplement the Background Investigation after Agent refers Temporary Candidate to Client.
3. TERM. The Term of this Agreement shall begin on the date of execution of this Agreement by both parties and shall terminate upon the end of Temporary Candidate’s employment with Client, whether by termination, resignation, or completion of daily or weekly service as agreed upon by Client and Temporary Candidate.
4. COMPENSATION OF AGENT. Client shall pay the Temporary Candidate Fee (as defined herein) for any Temporary Candidate hired by Client whether or not such Temporary Candidate was referred by the Agent provided that: (i) Agent introduced the Temporary Candidate to Client at any time within one (1) year of the date Client hired such Temporary Candidate and (ii) such Temporary Candidate was hired by Client to provide Household Services. Client’s payment obligations hereunder shall depend on the duration of Temporary’s Candidate’s employment with Client (“Employment Duration”). Client’s applicable payment for Agent’s Search Services hereunder (the “Temporary Candidate Fee”) shall be determined by the following table:
| Temporary Candidate's Employment Duration |
Applicable Temporary Candidate Fee |
| Nanny, Housekeeper, Party Server |
$50 per day or $150 per week |
| Chef/Cook/Tutor/Personal Assistant |
$75 per day |
Client shall pay the applicable Temporary Candidate Fee to Agent at least five (5) business days prior to the commencement of Household Services by Temporary Candidate. In the event a Temporary Candidate is terminated by Client or resigns, Client is not entitled to another Temporary Candidate or a credit for previously paid fees.
5. HOLD HARMLESS. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Agent and Temporary Candidate. Temporary Candidate is not a party to this Agreement. Agent hereby disclaims and Candidate holds Agent harmless for any liability due to the intentional or negligent acts or omissions of Temporary Candidate hired by Client. Client shall hold Agent and its owners, officers, employees and agents harmless from any and all liabilities, losses, damages, payments, costs or expenses of any kind whatsoever, which may be imposed on, incurred by, or asserted against Agent or such parties as the result of the Search Services provided by Agent herein. Client represents and warrants it personally interviewed and accepted Temporary Candidate prior to the payment of the Placement Fee and hired Temporary Candidate based on its own assessment and due diligence of Temporary Candidate. Client’s hold harmless obligation pursuant to this Section shall survive the expiration or termination of this Agreement. AGENT MAKES NO REPRESENTATION OR WARRANTY REGARDING THE COMPLETENESS OR ACCURACY OF THE BACKGROUND INVESTIGATION OF TEMPORARY CANDIDATE AS IT RELATES TO INFORMATION PROVIDED TO AGENT BY THIRD PARTIES.
6. CONFIDENTIALITY. Client shall hold the terms of this Agreement and the information obtained pursuant to this Agreement, including any information relating to any Temporary Candidate, confidential and shall not disclose such information to any third party. Without limiting any other remedy available to Agent, if Client discloses any such information to a third party who subsequently employs such Temporary Candidate, Client shall pay Agent an amount equal to the Temporary Candidate Fee that would have been payable to Agent if Client hired Temporary Candidate as damages for such disclosure.
7. GENERAL PROVISIONS.
a. Attorney’s Fees. Client and Agent agree that in the event of dispute, arbitration, or litigation by either party concerning this Agreement, the losing party shall pay the prevailing party’s reasonable attorney’s fees in such dispute, arbitration, or litigation.
b. No Assignment. Client shall not assign this Agreement without Agent’s prior written consent, which may be granted or withheld in Agent’s sole and absolute discretion.
c. Amendment. No amendment or modification of this Agreement shall be deemed effective unless and until it is executed in writing by both Agent and Client.
d. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Nevada, and the courts of the State of Nevada shall have exclusive jurisdiction over any matter, action, or suit brought under or by reason of this Agreement.
e. Entire Agreement. This Agreement contains the entire agreement between Agent and Client, and supersedes all previous agreements or understanding, whether oral or written, and can only be modified in writing, executed by both Agent and Client.
f. Neutral Interpretation. This Agreement shall not be construed in favor of or against any party because that party or its counsel drafted this Agreement, but shall be construed as if all parties prepared this Agreement, and any rules of construction to the contrary are hereby specifically waived. The terms of this Agreement were negotiated at arm’s length by the parties hereto.
g. Waiver. No waiver by either party hereto of a breach of any provision of the Agreement shall constitute a waiver of any preceding or succeeding breach of the Agreement.
h. Counterparts. This Agreement may be executed in any number of counterparts, each of which when executed and delivered shall be an original, but all such counterparts shall constitute one and the same Agreement.
