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Care Specialist Agreement

This Care Specialist Agreement (this “Agreement”) is entered into upon booking your care specialist. 

The Misfit Mamas, inc. (the “Agency”) agrees to provide a Care Service Specialist, to provide childcare for those identified in this booking in accordance with the terms and conditions set forth below:

  1. Care Specialist Information 

The client has requested the care specialist listed in their booking, if for some reason the care specialist they request were to be unavailable, our team will reach out to assist you in finding an alternative specialist to fit your needs. Once your care specialist has been confirmed, your booking will be accepted. 

 

Your Caregiver Specialist supervisor is:

 

 Melissa Darr 

Melissa@themisfitmamasinc.org 

(860)222-3151

Your Care Specialist Supervisor will be your primary point of contact for any issues, complaints, questions, or concerns you may have. 

You will be able to contact your care specialist through messaging them on our platform directly, and they will also message you directly through our platform to share updates and photos or ask any questions. 

The Care Specialist shall arrive promptly, and shall not depart early without specific consent from the Parent(s) & their Supervisor at the Agency. The Care Specialist and the Parent(s) shall adapt to emergencies and unexpected changes to the schedule as they arise. 

The location may NOT  be changed by the Parent(s). Should location need to be updated, this must be communicated and signed off on by both Parent(s) & the Care Specialist Supervisor a minimum of 24 hours in advance of the anticipated date. The Care Specialist will not be required to travel with the family.

2. The Care Specialist Duties.

The Care Specialist shall devote the whole of their time, attention and ability, while on duty, for the performance of her duties hereunder, and shall follow all lawful instructions of the Parent(s). The Care Specialist agrees to perform the following selected duties as a requirement of employment:

** Put the absolute safety of the Child(ren) first before all other responsibilities.**

Tend to basic needs of the Child(ren), such as outlined in the booking contract.

  • Perform the following cleaning: 

  • Participate and supervise the included following activities with the Kid(s)

  • Administer medicine to Kid(s) as instructed by the parents (this may be modified at any time by the Parent(s)

  • Do laundry for the Kid(s) as needed.   

**PLEASE NOTE: ALL MEDICATIONS TO BE ADMINISTERED BY CAREGIVER ARE TO BE IN ORIGINAL PRESCRIPTION BOX WITH PRESCRIBER INFORMATION, NAME OF MEDICINE AND DIRECTIONS. THE MISFIT MAMAS INC. AND IT’S CAREGIVERS ARE NOT RESPONSIBLE FOR ANY REACTIONS THAT MAY OCCUR SHOULD ANYTHING BE ADMINISTERED FOR THE FIRST TIME.** 

  • Research and plan activities that have substantial child development, social relationship skills and educational value.

  • Drive the Kid(s) to activities and events as outlined in this booking contract.

(The Misfit Mamas INC. is not responsible for any accident or damage done to family vehicles should anything occur during Care Specialists shift. The Care Specialist is not responsible for providing gas or additional gas to vehicles if allowed to use.)

Should the Care Specialist use own automobile to drive the Kid(s) to activities and events; it is the parent(s) responsibility to properly equip the Care Specialist automobile with appropriate car seats, boosters and other safety devices (to be purchased by the Parent(s)); and keep the Care Specialist automobile in good repair (at the Care Specialist cost) and sanitary condition at all times when it is being used to transport the Kid(s). Care Specialists shall not drive an automobile with the Kid(s) without a valid driver’s license.

  • 2.a House Rules.

 

  • The Care Specialist shall follow the Parent(s) direction and preferences concerning actions that give rise to discipline.

  • The Care Specialist is NOT allowed to have visitors. 

  • The Care Specialist will provide the Parent(s) with advance notice of any excursions in an automobile outside the home more than more than ______ miles from the home.

  • The Care Specialist understands that smoking is NOT permitted. The Care Specialist agrees never to smoke in the workplace or while providing childcare to the Kid(s) even on walks, trips to playground, outside activities or field trips.

  • The Care Specialist is not permitted to use, or be under the influence of, alcohol or illegal drugs while the Care Specialist is on duty. The Care Specialist shall not be under the influence of any substance, even if legal or by prescription, if it impairs her ability to care for the Kids(s). Should parent(s) or The Misfit Mamas INC suspect influence, Care Specialist will be subject to a drug screening.

  • The Agency agrees to require care specialists to maintain valid credentials for providing child care according to state law including but not limited to: child CPR and First Aid. The Care Specialist will provide proof of credentials at the request of the Parent(s).

3. Compensation.

At Misfit Mamas, Inc., our Care Specialists work in various capacities, including full-time, part-time, occasional, and on-call child care positions. As W-2 employees of the agency, they receive their hourly rate and the necessary payroll taxes from us. We maintain industry-standard Workers' Compensation, General Liability, and Professional Liability insurance to protect our caregivers. The Parent(s) are responsible for honoring their payment obligations as outlined in the terms of our agreement.

  • Base Rates: A base rate of $25 an hour will be paid in full for each booking. 

  • Any booking of more than (2) children will have a $2 per child fee applied. 

  • On-Call Service Fee: All families will be required to pay a service fee of $50 for a care specialist booked less than 48 hours in advance. Please note On-Call Caregivers may not always be available, but we do our best.

The Parent(s) shall pay for their booking in full a minimum of 48 hours prior to the time of service, 

Invoices are sent or cards on file are charged at the confirmation of booking. 

4. Fees

Upon signing  this Agreement, the parent(s) confirm that they have already completed their initial family intake, and submitted their background check non-disclosure agreements, and non refundable background verification fees. 

  •  This booking is non-refundable.

  • This booking is non-refundable. If you need to cancel your care service provider, please contact us within 48 hours of service to have your booking fees applied towards a future date within a 12 month timeframe of your initial booking. 

 

5. Screening Fees 

The Misfit Mamas, Inc. prioritizes the safety and security of all our clients and care specialists. To that end, we perform thorough background screenings on all our care specialists prior to their hiring; as well as potential members of a family's household where our services are rendered. Such screenings incur a non-refundable fee of $50 per member, payable at the time of signing the Background Disclosure Agreement, which is attached as Exhibit B. Upon receipt of payment, our agency will promptly initiate a background check on all adult residents in your home before engaging any of our care specialists.Any remaining Placement Fee and all other additional amounts due must be paid in full prior to the nanny’s first day of employment.    

 

6. Notice. 

The Agency agrees to use best efforts to give the Parent(s) sufficient advance notice before the Care Specialist is absent due to illness. 

 

7. Insurance.

The Client is responsible to have adequate health, accident, disability, hospitalization, personal property, or other insurance necessary to provide for and pay any medical or other costs that may be attendant as a result of any injury to Client or Child(ren), or as a result of damage to personal property. The Agency does not provide any insurance for Client or Child(ren).

 The Agency provides workers compensation insurance and general liability for coverage of care specialists as well as health and retirement benefits to its full time employees.     

8. Meals and Food. 

The Care Specialist is responsible for providing their own food for themselves ; Parents may provide the option of caregivers preparing meals for themselves from food purchased by the Parent(s) and access to amenities to cook or prepare their meals.

 

9. Additional Benefits and Reimbursements. 

The Parent(s) shall provide funds for the Care Specialist for all pre-approved outing expenses anticipated to be incurred by the Care Specialist while caring for the Kid(s). At no time will Care Specialists use their own funds to provide financial support or coverage and expect reimbursement. 

 

10. Non-Solicitation of Care Specialists. 

During the term of any engagement and for 12 months following termination of the engagement, Client may not engage, hire, solicit to hire or solicit to engage, directly or indirectly, or refer to a third party to hire or engage, any care specialist introduced to you or that provided services to you, without the express written permission of the Agency and payment of the fees set forth below. This provision shall survive the expiration or termination of this Agreement. 

Parents may not make any private agreement with a care specialist or take any action which is inconsistent with this Agreement, or which has the effect of avoiding any of the obligations of this Agreement. Any violation of this provision requires payment of an additional fee of $2,500.00 as liquidated damages. Private agreements and actions include, but are not limited to, actions that would enable Client or any other person to avoid payment of the Application Fee and/or Placement Fee due to the Agency such as employing the care specialist directly and outside of the Agency.

The Parent(s) are required to report any of the follow behaviors to their care specialist supervisor immediately along with submitting any evidence pertaining:

  • Allowing the safety of the Kid(s) to be compromised

  • Inconsistent or non-performance of agreed upon job responsibilities

  • Dishonesty or lying

  • Stealing

  • Misuse of the Parent’s automobile

  • Breach of confidentiality clause

  • Persistent tardiness of more than 15 minutes without valid reason Unapproved visitors

  • Smoking during work hours

  • Consumption of alcohol during work hours

  • Illegal drug use

  • Breach of any of the terms of this Agreement by the Care Specialist

  • Reasonable apprehension that the Care Specialist will cause harm to the Kid(s), the Parent(s) or the property of either.

The Agency may immediately suspend or terminate families from using our care specialist services for cause and without any advance notice for the following:

  • Failure of the Parent(s) to remit payment

  • Failure of the Parent(s) to provide a safe work environment 

  • Breach of any of the terms of this Agreement by the Parent(s) 

11. Confidentiality. 

The Agency 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 Agency under this clause shall survive termination of this Agreement. 

 

12. Social Media. 

It is prohibited for any Care Specialist to post pictures of the children they care for on social media. Under no circumstance should any type of media be posted on social media; this will be ground for immediate termination. Parents may communicate that they are o.k with the caregiver personally messaging the parents on this contract photos or videos of their child for communication purposes only.

13. General Provisions. 

Any breach or controversy arising out of, or related to, this Agreement or the breach thereof shall be resolved under the laws of the State of Connecticut. If any term or provision of this Agreement shall be held to be illegal, unenforceable,or conflict with any law governing it, the validity and legality of the remaining portions of the Agreement shall not be affected thereby and shall remain in full force and effect.

14. Entire Agreement. 

This Agreement contains the entire understanding of the Agency and
the Parent(s) with respect to employment of the Agency and supersedes any and all prior understandings, written or oral. This Agreement may not be amended, waived, discharged or terminated orally, but only by an instrument in writing, specifically identified as an amendment to this Agreement, and signed by all parties. By entering into this Agreement, the Agency certifies and acknowledges that they have carefully read all of the provisions of this Agreement and that they voluntarily and knowingly entered into said Agreement.

 

15. Severability. 

Any provision of this Agreement which is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be deemed severable from the remainder of this Agreement, and the remaining provisions contained in this Agreement shall be construed to preserve to the maximum permissible extent the intent and purposes of this Agreement.

 

16. Governing Law. 

This Agreement shall be construed under and in accordance with the laws of the state of Connecticut.

 

17. Amendments. 

This Agreement shall not be deemed or construed to be modified, amended or waived, in whole or in part, except by written agreement duly executed by the parties to the Agreement. This Agreement may not be modified except by a written amendment signed by CLIENT and the AGENCY.

 

18. Equal Opportunity Employment. 

Agency will provide qualified candidates without regard to race, religion, age, gender, national origin, sexual orientation, physical handicap or marital status.

19. Severability
If any provision or portion of this Agreement shall be held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions or portions shall remain in full force and effect.

20. Acknowledgements

Both parties acknowledge and agree that the parties are (a) executing this Agreement voluntarily and without any duress or undue influences; (b) the parties have carefully read this Agreement and have asked any questions needed to understand the terms, consequences, and binding effect of this Agreement and fully understand them; and (c) the parties have sought the advice of an attorney of their respective choice if so desired prior to signing this Agreement.

 

21. Entire Agreement Acknowledgement

This Agreement sets forth the entire agreement and understanding between the parties relating to the subject matter herein and supersedes all prior discussions and Agreements between the parties.

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