TERMS AND CONDITIONS:

Care Givers Placement Agency (“Care Givers” or "Agency") is a referral service that maintains records of caregivers who are screened and available to be employed by the Client to perform in-home domestic functions. Care Givers will refer available nannies to the Client based on the information provided by the Client. Client will be charged a per-day referral fee at the time that a placement order is filled. The referral fee will be determined by the fee schedule in effect at the time the referral is made. All services must be contracted through Care Givers. Any arrangements made with the caregiver without the Agency will be charged on the Client's credit card at the Agency's current rates. IF CLIENT CANCELS A PLACEMENT ORDER AFTER THE ORDER IS FILLED, CLIENT WILL BE CHARGED A CANCELLATION FEE EQUAL TO A 1-DAY REFERRAL FEE. Unless Care Givers has received a one-time permanent placement fee for the specific Provider, the daily referral fee will continue on an ongoing basis. Client further understands that the referral of a Care Givers’ Provider to a third party, without arranging the referral through the Agency, is considered “theft of services” and will result in a charge of $500 in liquidated damages. The annual registration fee, charged upon initial registration, shall be charged every 12 months unless registration is cancelled by Client.

The Agency is not the employer of any Provider retained by the Client, and is not responsible for the provider's direction, supervision, control or compensation. Provider's work schedule and the method, manner and means of employment and any other terms and conditions will be determined by negotiation between the Client and the Provider. Client understands that they may be responsible for withholding and filing employment taxes for salaries paid to the nanny which exceed the exemption limits set by the Internal Revenue Service. If Client instructs a Provider to transport their child(ren) in the Client’s or the Provider’s automobile, Client understands that Care Givers is not responsible for the safety of any child(ren) while being transported in any automobile. Client agrees to provide and install the appropriate safety seats in their family’s or the nanny’s automobile. Care Givers’ liability to Client is further limited in several ways. Because no screening process can provide complete accuracy, the Agency cannot guarantee the performance or qualifications of the Providers that are referred to Client. Client will release and hold harmless Care Givers Placement Agency, its agents, employees and officers for any and all claims of liability relating to or arising out of the referral and/or hiring of any Provider.  In the event that a court or arbitrator determines that Care Givers is responsible for damages, claims or injuries relating to this agreement or the performance of a Provider, Care Givers cannot be held liable for any amount over and beyond the fees paid by Client. Care Givers cannot be held liable for incidental or consequential damage. This limitation of liability exists regardless of whether a claim made against Care Givers arises in tort or in contract, including any claims based on negligence and cannot be modified or extended except by an explicit written agreement.

An interest rate of 1.5% per month or the maximum permitted under law shall be charged on all fees past due. Client shall be responsible for payment of all costs and reasonable attorney fees incurred by Care Givers as a result of collection, including costs and attorney fees made in connection with court and/or arbitration proceedings. This agreement shall be construed and enforced in accordance with the laws of the State of Oregon. All actions to enforce or interpret this agreement, whether by court action or arbitration, shall be maintained in Multnomah County, Oregon.

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