Made by the Client, in the month of [month], on the day of [date],in the year of [year], between TeacherCare, Inc. and [parent_name] , collectively referred to as the Client, desire to enter into a relationship, whereby the Client desires to hire a TeacherCaregiver and TeacherCare is a TeacherCaregiver referral agency and desires to assist the Client in recruiting, locating and qualifying candidates to serve as a TeacherCaregiver for the Client, in consideration for the services to be provided herein, the adequacy of which is hereby acknowledged, the Client’s jointly and severally agree to the following terms with TeacherCare, Inc.:
1.1 TeacherCare Services. Services mean the services offered by or through TeacherCare pursuant to Section 4.
1.2 TeacherCaregiver. TeacherCaregiver means a candidate referred to the Client to provide education and caregiving services to Client.
1.3 Referral. A Referral occurs when the following conditions have been met: (i) TeacherCare interviews prospective Teacher candidates, contacts references, and performs professional and personal background checks pursuant to Section 4.3 ,and (ii) TeacherCare facilitates an initial introduction and meeting between a candidate and the Client.
1.4 Acceptance. Acceptance occurs when the Client offers to hire the candidate referred by TeacherCare as a TeacherCaregiver and the TeacherCaregiver verbalizes acceptance.
1.5 TeacherCare Proprietary Information. TeacherCare Confidential and Proprietary Information means all information and materials provided by TeacherCare to the Client pursuant to this agreement except information that is known to the Client prior to receipt from TeacherCare.
2.1 There is No Fee to:
Consult with your Early Childhood Director.
2.2 Referral and Resource Fee:
If a Client chooses to hire a TeacherCaregiver, the Client agrees to pay TeacherCare, Inc. a Referral and Resource Fee in the amount of 15% of the selected employee’s first year gross salary.
2.3 The Referral Fee will include:
-Referral Consultations and Administration
-Criminal, Drivers, Social Security Screenings
-Personal Interviews, References and Education Verifications
-30 day Refund, and 180 day Replacement period for full-time positions.
-“Getting Started” Resources: PlaySmart Curriculum
-TeacherShare Activity/Idea Finder
-Director and Staff Support
-TeacherCaregiver Network Support
2.4 The Referral Fee due date:
The Referral Fee is due in full upon final telephone acceptance by the Client of a TeacherCaregiver referral by TeacherCare, Inc. Payment of said fee must be received at the offices of TeacherCare, Inc. within 7 days from the date of said acceptance, and prior to the TeacherCaregiver starting employment in the home. If payment is not received within three business days of due date, a $25.00 late fee will be imposed. An additional $5.00 fee will be imposed for each additional day thereafter.
3. Replacement and Refund Policy
3.1 If the TeacherCaregiver or Client terminates employment within 30 calendar days of the employment start date, the Client may receive a refund of the fee paid, less 25% of the total gross wages paid, subject to Section 3.2, 3.3, and 3.4. If the TeacherCaregiver or Client terminates employment within 180 calendar days of the employment start date, the Client may receive a replacement TeacherCaregiver free of charge subject to Section 3.2. A replacement candidate is only available at no cost within the first six months of the initial hire; a replacement candidate will only be offered at no cost one time, during the first six months, to each family. An extended replacement program is available through your Director.
3.2 A refund or replacement will be granted ONLY if:
3.2.1 The Client provides TeacherCare with copies of applicable paystubs, or cancelled checks that correspond to a payment made to the TeacherCaregiver. The TeacherCaregiver will verify dates of employment and weekly salary.
3.2.2 The Client has paid his Referral and Resource Fee on time; and
3.2.3 The Client provides his reasons in writing for requesting a refund or replacement.
3.2.4 The client must request a refund within the first 30 days of the TeacherCaregiver’s employment (or within 30 days of termination in accordance with TeacherCare’s 30 day refund policy).
3.3 If the Client terminates employment within the aforementioned refund period for personal reasons not pertaining to the TeacherCaregiver or TeacherCare, Inc.’s services, the replacement/refund policy is null and void. If the Client misinforms TeacherCare, Inc. regarding fees or working conditions, the refund/replacement policy is null and void. If the Client rehires a TeacherCaregiver, the Client must return to TeacherCare, Inc. any refunded fee.
3.4 If a TeacherCaregiver terminates employment within the refund period for reasons pertaining to unacceptable conduct of the Client, including, but not limited to, abusive conduct or language, the replacement and refund policy is null and void.
4. TeacherCare Services
4.1 TeacherCare, Inc. agrees to use reasonable efforts to provide the Client with a caregiver in accordance with this Agreement and the Client’s reasonable instructions.
4.2 The Client acknowledges that the caregiver is not an employee or agent of TeacherCare, Inc.
4.3 TeacherCare, Inc. agrees to begin investigations of each TeacherCaregiver prior to presenting her/him for clients evaluation. The investigation will include:
4.3.1 Applications. Detailed applications will be faxed or emailed to Client. Applications will include employment and personal reference contact information which the TeacherCaregiver has submitted to TeacherCare, Inc.
4.3.2 Education Verification. Transcript copies or verbal verifications will be employed.
4.3.3 Employment Verifications and/or Personal reference checks. Reference forms will be sent to references or employers listed on the TeacherCaregiver’s application. A minimum of two acceptable forms, letters or transcribed telephone responses will be on file prior to finalization. Acceptable is defined as overall average and above average responses, and
4.3.4 Personal Interviews.
4.3.5 Social Security Trace
4.3.6 Background Checks. After the Client has extended a verbal offer to the TeacherCaregiver and the selected TeacherCaregiver has verbally accepted, TeacherCare,Inc. will also provide, through an outside investigative agency, the selected TeacherCaregiver’s county-level criminal background checks, a nationwide criminal database search and driving records at the state-level. Please note:County-level criminal background checks cover United States addresses for the last 5 years where the TeacherCaregiver has resided for more than 6 months.Verifications of driving records reflect current license and its associated history as is legally available (previous 3 years). Results shall be available for the Client’s inspection. Should any results of the final investigations be deemed unacceptable, the Client may terminate the verbal acceptance of the caregiver within 4 days of inspection.
5. Client Duties.
5.1 Interviews. Although TeacherCare, Inc. has interviewed all prospective TeacherCaregivers and contacted references, the Client is strongly encouraged to interview all prospective TeacherCaregiver’s, contact references and seek additional references.
5.2 Hiring Decisions. The decision to hire a TeacherCaregiver rests solely with the Client, and any employment agreement is solely between the Client and the TeacherCaregiver.
5.3 Inconsistent Actions. The Client shall refrain from taking any action which is inconsistent with this agreement or which has the effect of avoiding any of the Client’s obligations hereunder, but not limited to, actions which would enable the Client or any other person to avoid payment of any referral fee due to TeacherCare, inc.; for example, if the Client gives the name of the TeacherCaregiver or a friend of the TeacherCaregiver to another person who subsequently employs the TeacherCaregiver or the friend of the TeacherCaregiver. In the event that the Client does not hire or retain the services of a TeacherCare candidate, and the Client refers the candidate to a third party who hires or retains the services of said candidate, the Client will pay to TeacherCare the entire placement fee under the same terms and conditions as if the Client had hired or retained the services of the candidate. At no time shall the Client use the services of a candidate referred by TeacherCare, inc. in any manner without the express consent of TeacherCare, inc. Should it be brought to the attention of TeacherCare, inc. that the Client avoided payment, the Client will be responsible for the avoided Referral Fee, investigative fees, legal costs and fees.
6. Limitation on Liability and Indemnification.
6.1 The Client agrees to indemnify and hold TeacherCare, Inc. harmless from and against all costs, claims, causes of actions, damages and losses arising from the Client’s failure to comply with all applicable laws including, but not limited to, those propounded by state and federal tax laws, the Department of Labor,and the Immigration and Naturalization Service .
6.2 TeacherCare, inc. assumes no liability or responsibility to confirm or verify the authenticity of any references or information supplied to TeacherCare, inc.from any source.
6.3 Hiring Decisions. The decision to hire a caregiver rests solely with the Client, and any employment agreement is solely between the Client and the caregiver. All liability associated with the hiring decision will be assumed by the Client.
6.4 TeacherCare strives to satisfy its clients by ensuring reasonable standards of skill, integrity and reliability from its TeacherCaregivers. TeacherCare is not,and shall not be, liable for any loss, expense, damage or delay occurred from the negligence, dishonesty, misconduct, incompetence or ill health of any TeacherCaregiver,provided that TeacherCare was not negligent in its execution of the screening process in connection with the applicable TeacherCaregiver. The Client agrees that TeacherCare, inc. is not liable, responsible or accountable to the Client or any members of the Client’s family (or any of the Client’s guests, invites or other employees) for any injuries, damages or loss resulting from the caregiver’s employment.
6.5 In the event the Client pursues any claim directly or indirectly against TeacherCare, Inc. based upon any information received, verified or allegedly omitted or neglected by TeacherCare, Inc., the limit of TeacherCare, inc. liability shall be the return of the referral fee paid by Client.
7. Intellectual Property and Confidential Information
7.1 The Client agrees that all materials supplied by TeacherCare or a TeacherCaregiver are the valuable Intellectual Property of TeacherCare and also constitutes TeacherCare’s trade secrets, copyrights, proprietary and confidential information. The Client agrees not to copy or disseminate these materials to third parties in a manner inconsistent with TeacherCare’s rights without TeacherCare’s express permission.
7.2 The Client agrees that information regarding TeacherCaregivers is confidential and proprietary to TeacherCare.
8. Other Terms and Conditions.
8.1 The Client further agrees that any controversy or claim arising out of, or relating to this contract or breach thereof, shall be governed by the laws of the State of Illinois, and will be settled in a Court located in Cook County, Illinois.
8.2 The Client further acknowledges that there are no other agreements express or implied, and that this agreement constitutes the entire understanding between the parties.