Terms & Conditions – Au Pair
Agreement between Au Pair Love and Care Agency and Prospective Au Pair
MEMORANDUM OF AGREEMENT
Entered into between:
Au Pair Love and Care
(hereinafter called “the agency”)
The prospective Au Pair who will care for and look after a chosen Family’s respective children (hereinafter called “the Au Pair”)
“the parties” shall mean the agency and the Au Pair, collectively;
“the Family” shall mean a family chosen by the agency which will require the services of a prospective Au Pair, and once the Au Pair is placed at such family, the family will employ the Au Pair, should the Au Pair be an acceptable candidate for the family.
- All words, terms and phrases used in this agreement importing any one gender shall be deemed to include both the other two genders. All references in this agreement in the singular shall include the plural, and vice versa.
- In the event of any clause in this agreement or any part of any such clause being found to be invalid for any reason whatsoever, such clause or part thereof, shall be severable from the remainder of this agreement and shall not affect the validity of the remainder of this agreement.
It is hereby recorded that the agency wishes to enter into an agreement with the Au Pair, in that the agency will act as an agent to the Au Pair and will endeavour to find the Au Pair a suitable Family, which will employ the Au Pair and where the Au Pair will be placed at, and to which family the Au Pair will tender her services and duties to. The Au Pair’s duties will include (but are not limited to) caring for the Family’s children and looking after the needs of such children.
The above parties hereby agree to the terms and conditions as set out hereunder, in this agreement:
- The Au Pair will carry out her childcare responsibilities for the benefit of the respective Family, which chooses to make use of her services, to the best of her ability. She will be punctual and be dedicated.
- She agrees to abide by the regulations and rules as set by the respective Family.
- She agrees that if she is found to be in the possession and/or under the influence of any unlawful narcotics or under the influence and/or abuse of any alcohol whatsoever, during the course of rendering her services and or performing her responsibilities, she will be subjected to a summary dismissal, with immediate effect, and criminal charges may be brought against the Au Pair.
- As listed in the preceding application form attached hereto, the Au Pair certifies and agrees that all the information set out therein, is true, correct and accurate, and furthermore the Au Pair hereby states that she has never in the past been convicted of any criminal offence, whatsoever.
- The Au Pair, furthermore, indemnifies the agency and its respective staff against, any loss, harm or damages that she may suffer as a result of her tendering her services, within or with regards to the respective Family, and/or to the respective Au Pair program. In terms of the clause e), the agency cannot now nor ever be held liable by the Au Pair.
- The Au Pair agrees to congenially participate in the respective Family’s activities, the cultural traditions, meals and social events of the family, and she will carry out her duties and responsibilities to the best of her abilities.
- The Au Pair will not allow any of her friends or relatives, at any time, into the Family’s home, without prior arrangement and/or agreement, being reached, to do so, between the family and the Au Pair.
- While caring for the children the Au Pair agrees to behave in a good and proper manner, and to conduct herself in a manner that is acceptable to the Family, and in so doing taking into account the Family’s respective values and morals.
- The Au Pair will NEVER physically and or psychologically, hurt abuse or harm the Family’s children in any way whatsoever. Should this occur, there will be immediate criminal charges brought against the Au Pair, together with any corresponding action for damages.
- The Au Pair will not smoke in the Family’s home; nor will she smoke near to and/or in the presence of the Family’s children.
- The Au pair undertakes to NEVER pick up and/or provide transport to, any hitchhikers, while driving the Family’s children from one destination to another.
- The Au Pair understands that the agency has the sole discretion upon whether to accept her application or to reject it.
- The Au Pair agrees that the agency and its respective staff will act on her behalf, in appointing her and/or placing her, and that none of them (the agency and its respective staff) will be nor can be held liable (in any manner whatsoever) by the Au Pair in respect of any loss, personal injury, damages, delays or expenses which may be suffered and/or incurred by the Au Pair as a result of any act or omission made by any member of the respective Family. Furthermore, the agency will not be held liable in any manner whatsoever, should the Au Pair suffer any loss, harm, personal injury or damages, in providing her services and duties for/to the benefit of the Family and/or the agency.
- The Au Pair agrees to reimburse the Family for any harm, loss or damages caused to their household, property, motor vehicle and/or the Family’s assets, as a result of the Au Pair’s negligent and/or intentional actions. The Au Pair will be liable for the aforementioned damages and/or losses, should they occur, and furthermore she will be liable for any personal telephone calls made from the family’s respective premises.
Au Pair Declaration
These Terms and Conditions apply to all permanent, semi-permanent and temporary positions effected through Au Pair Love and Care (“The Agency”) and any variation in these terms will be binding on the Agency only if in writing and signed by the Agency.
Au Pairs signing this document are still free to find employment privately or via other Agencies.
- All correspondence and records shall be confidential and remain the property of the Agency.
- The Agency operates as an introduction Agency only between Clients and Applicants. Applicants are not employed by the Agency either directly or indirectly and the Agency cannot be responsible to the Client, the Applicant or any other person for damage, loss, or expense incurred either directly or indirectly by reason of the negligence or shortcomings as a result of the introduction process.
- Applicants are required to notify Au Pair Love and Care immediately on offer of engagement by a Client who has been introduced by Au Pair Love and Care.
- The Agency cannot be held responsible for early termination by either party.
- In accordance with the Labour Relations Act the Client is required to have a contract of Employment with the Candidate. A sample contract will be provided to both Family and Au Pair.
Au Pair Declaration
- I will carry out my childcare and other responsibilities to the Client to the best of my ability and in a conscientious and alert manner with respect, courtesy, safety, and commitment.
- I hereby authorise Au Pair Love and Care to do background checks including but not limited to drivers licence, employment history, tertiary qualifications or any other checks relevant to the pre employment process as an Au Pair. A police clearance can be obtained on my behalf if not provided by myself.
- I understand that any attempts to accept a position from any Family introduced through Au Pair Love and Care without the knowledge of said Agency will result in immediate dismissal from the said Family and that the said Family must adhere to the Family Terms and Conditions as originally accepted.
- This constitutes a full and binding contract between the Agency and the Au Pair. The Au Pair signifies their agreement of this by signing this form.
- I have read, fully understand and accept these terms and conditions. By signing this document I agree to the Agency’s terms and conditions herein.