This Agency agreement is made effective on the _________________day of _________________ 2023 between The All-American Sitters Agency (hereinafter referred to as ‘Agent’) of _________________ and _______________of_______________ (hereinafter referred to as ‘Client/Principal’).
WHEREAS the Principal desires to enter into an agreement with the Agent and the Agent desires to enter into the same agreement with the Principal establishing an ‘Agency’ relationship beginning on the _______________ day of _________________ 2023, on the terms contained herein.
NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:

1. SCOPE OF SERVICES

The Agent agrees to engage in the following activities on behalf of the Principal which includes and limited to:

a)  To conduct a search for suitable candidates for roles which includes, nanny, sitter, caregiver, and pet care staff. The Agent duties are limited to prescreening activities and shall not be responsible for any and all employment agreement, and obligations between the Principal and the chosen candidate including but not limited to work schedule, compensation, and the method, manner and means of hire, and any other terms and conditions of hire, candidate’s direction, supervision, control, or compensation, employer related taxes, withholdings, worker’s compensation insurance, obligations and requirements according to applicable law all of which shall be within the purview of the Principal as may be agreed between the Principal and the candidate.

b)  Prescreening activities within this agreement that includes and limited to, deciding within the parameters established by the Agent including, personal interviews, as well as background and reference checks, prior employment history checks, criminal background checks, sexual predator history, and motor vehicle and driving records, to decide whether a candidate is qualified to be referred and placed before the Principal in order to be considered for employment purposes.

c)  Optional drug testing for candidates as may be required by the principal for additional fees.

d)  To refer only candidates that meet the criteria of the role as may be required by the Principal.

e)  To screen and refer the number of candidates for each role as may be required by the Principal in accordance with the packages and fees outlined in Schedule 1 of this agreement.

a)  Pay the Agent or its chosen representative all attendant fees for the services provided under this agreement.

b)  Engage all candidates presented by the Agent in further interviews or screening to ensure that they are fit and qualified for the role required; and notifying the Agent of the candidate qualifications before proceeding with employment.

c)  Recognize that candidates presented by the Agent are independent contractors, and the Principal in agreement with the candidate shall be responsible for all employment activities regarding the chosen candidates including but not limited to work schedule, compensation, and the method, manner and means of hire, and any other terms and conditions of hire, candidate’s direction, supervision, control, or compensation, employer related taxes, withholdings, worker’s compensation insurance, obligations and requirements according to applicable law to which the Agent shall not be privy.

d)  Recognize that the sitters presented before the Principal are independent contractors with 1099 Status and have no affiliation with the Agent and neither does the Agent represent them in any capacity whatsoever.

a)  The Principal agrees not to offer employment to any Candidates referred to the Agent, without first communicating such a decision with the Agent directly via email.

b)  The Principal agrees not to offer employment to any Candidates referred Agent, without first communicating with Agent directly via email.

c)  The Principal agrees to notify the Agent of the date the candidate begins their first day and when employment officially begins. However, this only applies to Principal seeking full or part time permanent employment from the candidate.

d)  In cases of temporary placement, the identity and details of the candidate shall be provided to the Principal a day before the day of employment, unless a specific candidate is requested.

e)  In cases of special events candidates, their identity and details shall be provided to the Principal, three days to the event.

a)  All Fees made under this agreement shall be made in accordance with the status of the principal; selected package chosen by the Principal and its attendant fees as outlined in Schedule 1 of this agreement.

b)  There shall be no penalty for cancellation of a pending booking. However, where the employee has confirmed availability, they shall be entitled to full amount owed if such order is not canceled online or via email within two (2) hours.

c)  In the event the placement process begins and there is no communication from the Principal 30 days after signing the agreement, this agreement will be terminated, and a new contract shall be drafted to begin a new contractual relationship. No refunds shall be made to the Principal and new fees will be required to be made to the Agent. However, exceptions will be made in the event of a reasonable emergency provided via e-mail to the Agent by the Principal.

d)  Agency fees are separate from the contractor’s hourly rate. All placement fees are due before the Placement's start date. The Principal is responsible for paying the Placement separately for all placement services.

e)  The Client agrees to pay the fee in full before the placement begins employment. If the Client fails to pay the appropriate fee to the agency before the placement begins employment, the Agent will have the right to obtain full payment of the appropriate fee for the service rendered to the client, along with attorney's fees and court costs incurred, and will not be obligated to provide the Client with any replacement or guarantee services as specified in this agreement.

a)  The Principal understands and agrees that, to the maximum extent allowed by law, all information and materials about Candidates presented as qualified for employment by the Agent are to be kept strictly confidential and are to be used only in conjunction with the services of the Agent.

b)  The Principal further understands and agrees that all candidate’s files are the Agent’s property, and that the Principal will not copy the files and will return them promptly to the Agent upon Agent’s request.

c)  If the Principal provides candidate information to another party and the other party hires or otherwise breaches the agreement of Section 3 (a) in any manner or form, The Principal shall be responsible for paying the Agent’s full fees as stated in this Agreement as if the Agent had placed the Candidate with the third party.

d) Failure to adhere to the provisions of Section 3(a) of this section by the Principal shall see the principal fined in the sum, the same as the amount of services provided and all ancillary legal fees to recover the fine.

a)  The Principal agrees the Agent is a non-exclusive agent and is free to work with other Principal. In the event another agency refers to a candidate the Agent has already referred to, the Principal is required to pay the full placement fee should the Principal decide to hire the candidate.

b)  The Principal who agrees to work with the Agent agrees not to compete or engage in the same or similar business to that being carried on by the Agent for two years after the end of the relationship between the Agent and the Principal. The Principal cannot open a placement agency or offer consulting services by sharing contracts or inside information obtained from the Agent.

c)  The Principal is precluded from accepting candidates from a candidate referred to the Principal by the Agent for a during the subsistence of this agreement between the Principal and the Agent and 2 years after the determination of this agreement.

a)  The Agent does not require candidates to have been vaccinated before they are registered on the Agent’s database. However, a Principal may further require a candidate to be vaccinated before they engage the services for employment purposes. This shall not be mandated by the Principal as vaccination is at will and determined by the candidate.

b)  In the event a candidate is infected with coronavirus, the Agent shall send a replacement at no additional charge to cover the days your employee is out, up to 10 working days.

c)  If a Principal or any of their family members is infected with the coronavirus and the employee who has been exposed during service must shelter in place, the Principal must agree that the candidate can make the decision to stay home for 14 days or shelter in place with the Principal and their family .The Principal shall also continue the normal rates of the candidates for the duration for which they are sheltered with the Principal.

d)  The Principal shall practice social distancing and safety precautions during the pandemic. Failure to do so will result in the choice of the Agent to terminate the Agency agreement. In the event a candidate is not using safety precautions while working with the family during the pandemic, The Agent will find a replacement candidate for the family at no additional charge within 6 months. This does not take the place of the guaranteed replacement period and is only valid for COVID-19.

7. HIGH SCHOOL SENIOR

All American Sitters offers a great opportunity for High School Seniors to explore their career as a nanny or childcare as backup care and short term placements starting age 17 years old. All High School Seniors applying for short term or as backup care assignments must also complete the intake process which involves becoming familiar with the agency, their policies and procedures and our Clientele. The next step is to participate in the 30 days hands on training with a childcare/nanny professional. While being trained, these students are paid $15-$20 an hour to work with children under the supervision of a Certified Childcare Provider (CCP). After completing their training they will be able to work independently part time 2-4 days a week with a 1 year probation period to build Resume. There are no contract periods with high school students unless it's agreed upon with the Agency and Client. Overnight care is not allowed.  Please make a note on the Application if you wish to opt out.

a)  The Principal acknowledges that it shall have access to certain data for the purposes set forth in this Agreement. If any data is made available or accessible to the Principal, it shall not be used for any other purpose except for the purpose of determining the qualification of the candidate for the role to be filled.

b)  The Principal shall comply fully with all applicable laws, regulations, and government orders relating to personally identifiable information (“PII”) and data privacy with respect to any such data that Principal receives or has access to under the Agency Agreement .

c)  Principal will otherwise protect the candidate’s PII and will not use, disclose, or transfer across borders such PII except as necessary to perform under the Agency Agreement or, or as authorized by the data subject or in accordance with applicable law.

d)  Principals shall not to negatively, publicly or privately share terms of this agency agreement on social media. This includes private groups, public statuses or posts and leaving negative reviews and comments on our pages.

e)  Principals are encouraged to give positive feedback, experiences and refer the Agent to Clients.

a)  The Agent guarantees that the candidate chosen by the principal shall be in employment for at least 30 days from the day of hire. In the event that a candidate selected for employment has their job terminated with good cause by the Principal or voluntarily resigns without just cause, the Agent will, without additional charges or fees, make such reasonable additional referrals of candidates to the Client to assist the Client to hire a replacement for the remainder of the “Guarantee Period.” of thirty (30) days.

b)  The Principal acknowledges and agrees that the Agent’s liability pursuant to this guarantee is limited solely and exclusively to our obligation to refer additional candidates for the employer’s consideration, whether or not that results in a hire.

c)  The Agent shall not refund the Principal irrespective of the outcome of the employment relationship between the candidate and the Principal.

a) The Agent and the Principal acknowledge that this Agreement is reasonable, valid, and enforceable. However, if any term, covenant, condition or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, it is the parties' intent that such provision be changed in scope by the court only to the extent deemed necessary by that court to render the provision reasonable and enforceable and the remainder of the provisions of this Agreement will in no way be affected, impaired or invalidated as a result.

a. Any notices, deliveries, requests, demands or other communications required here will be deemed to be completed when hand-delivered, delivered by agent, or sent via e-mail to the Agent.

a. Any and all disputes, controversies or claims arising out of or relating to this Agreement, Employee’s employment and/or the termination of the employment relationship, with the exception of the Company’s claims for injunctive relief, shall exclusively be submitted to and determined by final and binding mediation before a single Mediator of the company and employee choosing, unless otherwise agreed by both parties in writing.

a. Any amendment or modification of this Agreement or additional obligation assumed by either party in connection with this Agreement will only be binding if evidenced in writing signed by each party or an authorized representative of each party.

a. This Agreement will be construed and interpreted in accordance with and governed by the laws of Tennessee , United States of America .

This agreement may be terminated by the effluxion of time upon the determination of services to be rendered by the Agent to the Principal
The agreement may be terminated upon any misconduct or maltreatment of the candidate referred to the Principal.
The agreement may also be terminated due to failure to adhere to the terms and conditions as written and agreed in this agreement.

1. New Clients seeking backup care, as needed care, temp or a short term placement are required to pay a non-refundable one time registration fee of $285 to the Agency before the Temporary replacement search for sitter begins. There is also a separate booking fee of $15 per day temp coverage is needed after the first placement.(non-members) (non-refundable)

2. Temp sitters are paid directly by the family at the end of the shift. Families in need of one-time childcare will pay a one-time booking fee of $20 each day a sitter is needed (+ Registration fee). Overnight care requests require an additional booking fee of $20 and the nanny will be paid a set rate every 24 hours. Client agrees to reimburse sitters for driving miles, purchases, and any incidentals. Final rates are determined between the family and the nanny, and she is paid at the end of her shift. You can pay your sitter directly in Cash, Zelle, Venmo, or Cash App.

3. Clients seeking a full or part time Permanent Placement must pay a 50% deposit before the search for nanny staff begins. The remaining fee for a full and part time Permanent Placement is due before the initial job start date.

FULL & PART TIME PERMANENT NANNY PLACEMENT PACKAGE $970 (Non-refundable Registration Free $285 )
5 backup/ emergency care placements for the 1st year
A 30 day replacement period. Any replacement after the guaranteed replacement period
is 50% of the original placement fee.
At least up to 3 strong candidates with full All American Sitters vetting and Training
Process: Criminal Background Check, Professional Reference Check, Social Media Check, 2+ Years of Childcare Experience, Interviewed Extensively, Non Smoking, Pet Friendly
Ongoing monthly training opportunities for your nanny.
Zoom or phone consultation.
Client contract sample agreement.
Discuss your six steps and Answer Any Questions
Back Up Care as Needed due to Nanny/Sitter Illness. $15 each day.
$100 referral fee. 

Backup Care and Short Term Placements
BOOKING FEES (non membership)
Without an All American Sitters membership, it is $15 (+72hrs) to book an All American Sitters. This fee is processed through our email or booking website upon check out: fees are paid to All American Sitters upon requesting a Scheduled date. Fees vary based on notice given. $15 short Notice (within 72hrs). $25 Rush (24hrs or less)

Additional Scheduling Fees
Overnight $20
Family Share $20
Special Dates $10
Sitter swap $10
Holidays $20
*Events, Thanksgiving, Christmas Eve and Christmas Day, New Year’s Eve

PART TIME OR FULL TIME SITTER BOOKING (up to 10)
If you book multiple times a month, this membership is for you! A nonrefundable one time registration fee of $285, Membership $195 Monthly, Members received priority service, NO BOOKING FEES, and first access to promotions! (Non-refundable once charged). (Holidays not included) $15 Last Minute Booking fee (Less than 24hrs) Sitters are required a 4-hour minimum Cancellation fee if not canceled online or by email within 2 hours of start time. Unused childcare doesn't roll over
Our booking fees/package allow us to ensure that we can continue to put as much time and training as is necessary into finding you the highest qualified nanny or sitter that will be the perfect fit for your family. Your Booking specialist will go over this in detail along with the next steps.
At this time, we cannot refund monthly membership fees. A membership can be canceled prior to the 15th of the month you wish to cancel. Please email to cancel.

Church/Event Childcare
Our Sitter services are designed to help church/event regularly or for backup purposes and as-needed basis for Sunday service, weekday service and special events. We represent Sitters that have Outstanding skill sets, Up-to-date certifications, and Incredible childcare-related professional experience! We treat our Sitters as we do our Nannies and hold them to the Highest of Standards! Each Sitter has gone through two interview processes, including a reference and dynamic screening process. We do this to ensure that we only refer to Sitters who are reliable, trustworthy and resourceful.
There’s a one time non refundable registration fee of $350 for a new Church. A monthly Membership rate of $300. After the First 15 sitters there's an additional booking fee of $20per sitter. The hourly sitter pay rate of $20hr with additional $5 per sitter for payroll, with a 4 hours guaranteed pay. Rates are subject to change based on the nature of the event. The sitter's hourly pay rate is separate from this fee. The client is responsible for paying the Sitters.
A membership can be canceled prior to the 15th of the month you wish to cancel. Sitters are Credited to the next month for unused sitters (when not booked)
Bookings canceled within 24 hours of service time will still be charge for both booking fee & hourly

More Fees Schedule
Agency fees are separate from the Nanny or Sitters hourly rate. All placement fees are due before the Placement's start date. Clients are responsible for paying the Placement separately for all placement services. Clients with permanent full and part time employees are also legally responsible for withholding the appropriate state and federal taxes. Household employees are 1099 contractors.
All Nannies and Sitters staff must be offered a pay rate at minimum of $15/40 hr. to be placed through All American Sitters. The final rate will be discussed between the Candidate and Client, as we allow each Candidate to accept or decline the offered rate. The Client will provide a sample Client and Candidate a customizable contract before the Candidate begins work. The work agreement must be signed before the First day of employment.
A 4 hour minimum is required for sitters, temp and backup care jobs. For example, if a Sitter is only needed for 2.5 hours, the Client agrees to pay the Sitter $68 if their hourly rate is $17/hour. We strongly encourage Clients to use an employee payroll service for permanent placement, as nannies and home staff are considered household employees. Please contact us for referrals.
Special event Nannies and Sitters will be paid directly from the client. A 50% deposit of the Placement fee is required to secure childcare for the event. The remaining 50% deposit is due within 24 hours before the event begins. Requests for childcare less than 1 week before the event will incur a $685 rush childcare fee. In the event of a cancellation, Agency placement fees are non refundable but are transferable.
All fees must be paid in full before the initial start dates. In-home Clients who employ their Candidates before paying the appropriate referral fee as stated in this agreement will be subject to pay an additional $100 service fee for each week that the Placement fee is late in addition to the agreed upon fee.