NANNY PLACEMENT AGREEMENT
BETWEEN
[INSERT NAME]
[INSERT ADDRESS]
(“AGENCY”)
AND
[INSERT NAME]
[INSERT ADDRESS]
(“NANNY”, “I” or “You”)
This Nanny Agreement (this “Agreement”) is entered into as of this ________ day of
________________________ 20__, by and between the Agency and the Nanny. (herein referred to
individually as a “Party” and collectively as the “Parties.”)
1. NATURE OF AGREEMENT
The Agency provides a chance for the Nanny to be introduced to the Agency’s clients for the
purpose of the clients hiring the Nanny; nevertheless, the Agency is not the Nanny’s employer.
The Agency will take all required actions to let the Nanny know about any job opportunities that
are open to her. Despite the foregoing, the Nanny understands and accepts that employment by
the Agency’s customers is not a guarantee. The nanny understands and accepts that the
Agency’s business is to introduce nannies to possible employers, and as such, the Agency is not
responsible for any harm, loss, or damage resulting from any contract made between the
nannies and their employers.
2. Nanny Responsibilities
By signing this Agreement, the Nanny acknowledges and agrees that they are able to carry out
the essential functions which include, but are not limited to:
Creating a safe and stimulating environment for the children
Bathing and dressing
Changing diapers and potty-training, if age-appropriate
Children’s laundry
Planning meals, preparing food, and/or feeding the children
Arranging playdates and outings
Indoor and outdoor play
Educational activities and crafts
Carpooling or driving the children to school, activities, or playdates
Reading to the children
Help with homework
Organizing bedrooms/toys
Administering medicine with parents’ consent, if necessary
Maintaining logs for the parents
Light housekeeping
The Nanny understands and accepts that in order to perform the aforementioned duty in a safe and
responsible manner, it may be necessary to handle extra weight or exert additional physical effort.
The Nanny must tell the Agency right away if they have any concerns about the aforementioned or
any other duty.
3. DATE OF NANNY AGREEMENT
The Agreement shall commence on [insert commencement date].
4. COVID-19 COMPLIANCE
The Nanny must comply with all applicable mandatory public health mandates announced by
Governmental Authorities to address COVID-19.
5. NANNY COMPENSATION AND EXPENSES
The Agency will not be responsible for any of compensation or reimbursement or any expenses
incurred by the Nanny. Any compensation and/or reimbursement of expenses incurred by the
Nanny shall be discussed and agreed upon by the Nanny and the Agency’s clients.
6. WARRANTIES
The Nanny acknowledges and agrees that:
1) The information provided in accordance with this Agreement is accurate and up to
date;
2) The Nanny shall, at all times during the term of this Agreement, directly contact the
Agency in respect to the performance of the obligations under this Agreement; and
3) Throughout the duration of this Agreement, the Nanny shall notify the Agency of all
interviews and employment opportunities that may arise as a result of the
performance of this Agreement or that involve a client of the Agency.
4) That the Nanny is under obligation to inform agency of any interview dates and
ensure to make a follow up call to review the same and ensure that they inform the
Agency of the position being offered as well as the terms.
7. BACKGROUND CHECK
I grant the Agency permission to conduct a background check on me as a condition of Nannying,
which may include looking up my criminal history, child abuse history, and sex offender history. I
am aware that if I am hired, my position is contingent on the Agency not getting any unfavorable
information about my background.
8. LIMITATIONS OF LIABILITY
Nanny hereby releases the Agency, the Agency’s employees and contractors, and any other
person or Agency that may give such information from liability.
9. LICENSE
Nanny grants to the Agency, and its authorized agents, vendors, officers, directors, employees,
licensees, affiliates, successors, and assigns the non-exclusive, irrevocable, perpetual, world-
wide right and license to use, reproduce, display, perform, edit, create derivative works of, and
distribute, in whole or in part, any photographs and/or recordings taken by me during activities
sponsored by the Agency, for any purpose, in any and all manner or media now known or
hereinafter developed.
The Nanny agrees to supply the Agency with copies of two forms of identification and a driver’s
license on the date of executing this Agreement. Failure to provide these documents will entitle
the Agency to terminate this Agreement with immediate effect.
In addition, the Nanny will provide the Agency with the following information:
Social Security Number: _______________________________________________
Driver’s license number: _______________________________________________
10. TERMINATION
The Agency may with immediate effect terminate this agreement if the Nanny:
a) engages in misconduct;
b) engages in criminal activity.
Either party may terminate this Agreement by giving the other party no less than 7 days written
notice.
Effect of Termination. Upon termination of this Agreement against a Party, such Party shall be
relieved and discharged from all liabilities, obligations or claims under this Agreement, except
for such rights, obligations and liabilities of such Party which have accrued under this Agreement
prior to termination or such obligations which by their nature or pursuant to this Agreement
survive termination.
11. VARIATION TO THE AGREEMENT
Any changes to the Agreement may be sought by either party. The Parties shall negotiate any
necessary modifications, new fees, and performance deadlines. These modifications can only be
put into effect if both parties agree to them in writing and record them.
12. FORCE MAJEURE
For the purposes of this Agreement, "Force Majeure" refers to an event that was beyond a
party’s reasonable control, could not reasonably have been avoided by a diligent party in the
circumstances, and renders a party’s performance of its obligations hereunder impractical or
unreasonable under the circumstances. This includes, but is not limited to, war, riots, civil
unrest, earthquake, storm, flood, or adverse weather.
Events brought on by a Party’s subcontractors, agents, or employees acting negligently,
intentionally, or by a failure to follow ethical standards are not considered to be forces majeure.
Inadequate funds or inability to make any payments required by this agreement are not
considered to be acts of force majeure.
Insofar as such inability results from a Force Majeure event, a Party’s failure to fulfill any of its
obligations under this Agreement shall not be deemed a breach of, or default under, this
Agreement, provided that the Party affected by such an event has taken all reasonable
precautions, due care, and reasonable alternative measures, all with the aim of carrying out the
terms of this Agreement.
A Party affected by an event of Force Majeure shall take all reasonable measures to remove such
Party’s inability to fulfil its obligations hereunder with a minimum of delay. The Parties shall
take all reasonable measures to minimize the consequence of any event of Force Majeure.
A Party affected by an event of Force Majeure shall notify in writing the other Party of such
event as soon as possible, and in any event not later than five (5) days following the occurrence
of such event, providing evidence of the nature and cause of such event, and shall similarly give
notice of the restoration of normal conditions as soon as possible.
Not later than fourteen (14) days after the Nanny, as a result of an event of Force Majeure, has
become unable to discharge a material portion of its obligations, the Parties shall consult with
each other with a view to agreeing on appropriate measures to be taken in the circumstances.
13. CONFIDENTIALITY
Nanny understands that any and all private information obtained about the Kid(s) and the
Parent(s) during the course of employment, including, but not limited to, medical, financial,
legal, career and assets are strictly confidential and may not be disclosed to any third party for
any reason. The obligations of the Nanny under this clause shall survive termination of this
Agreement.
14. NON-COMPETE
Throughout the term of this Agreement, Nanny will refrain from directly or indirectly owning,
engaging in, or taking part in any business that is similar to or competitive with any actual or
planned business activity engaged in or planned by the Agency or any of its subsidiaries.
The Nanny will refrain from attempting to persuade any Agency client to stop doing business
with the Agency or to reduce the amount of business that such a client has traditionally done or
intends to do with the Agency during the term of this Agreement and for two (2) years after
termination, unless acting on the Agency’s behalf.
15. NO WAIVER
The rights and remedies included in this Agreement, unless otherwise specified, are cumulative
and not exclusive of those allowed by law. It is not a waiver of them or of the right to later
enforce all of the terms and conditions of this Agreement if any Party fails to enforce any one or
more of them at any time or for any length of time.
16. SEVERABILITY
The remaining provisions of this Agreement shall remain in full force and effect if any provision
of this Agreement is determined by any judicial or other competent authority to be void,
voidable, illegal, or otherwise unenforceable. The Parties shall amend such provision in a
reasonable manner to accomplish the Parties’ intentions without violating the law.
17. NOTICES
For all purposes relating to or connected with this Agreement, the Parties agree to use the
addresses (including email addresses) listed below as their respective addresses. Only at these
addresses are processes and notices related to or connected with this Agreement able to be
legally served or delivered to the Parties.
THE NANNY: ___________________________________________
___________________________________________
___________________________________________
___________________________________________
___________________________________________
___________________________________________
THE AGENCY: ___________________________________________
___________________________________________
___________________________________________
___________________________________________
___________________________________________
___________________________________________
18. CHANGE OF ADDRESS
Either Party may provide changes in the above addressees by notice in writing given to the other
Party as aforesaid.
19. COSTS
Each party shall bear its own costs incurred in the negotiation, preparation and execution of this
Agreement.
20. GOVERNING LAW
The construction, validity and performance of this Agreement shall be governed in all respects
by the Laws of the state of Colorado.
IN WITNESS WHEREOF, each of the Parties has executed this Consulting Agreement, both Parties by
its duly authorized officer, as of the day and year set forth below.
Signed by the duly authorized representative of
The AGENCY
Signature:
Signed by
The NANNY
Signature:
Name:
Designation:
Date:…………………………………………….……………….
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