Flex Service Agreement – PHX

Flex Client Service Agreement

Trusting Connections Phoenix, LLC “TC” or “Agency” and “Client” hereby enter into this Flex Client Service Agreement (the “Agreement”). Client understands and agrees that he/she is signing up for the agency’s Flex Membership which provides child care and other domestic services. All caregivers are employees of the agency.

I. Membership

Client understands and agrees that the Client must become a TC member and complete the Care Consultation process before utilizing agency services. Client selects either “Classic” or “Classic Reserve” Membership. Once membership expires, if Client decides not to renew, Client may continue to schedule services but will be charged non-member rates and fees. Agency fess and rates are listed in a separate document (Exhibit A). TC reserves the right to revoke membership or refuse service at any time for any reason including the following:

1. Hiring an Agency Employee or Candidate outside of the Agency: At no time may Client request services from an Agency Employee or Candidate privately. The Client is not permitted to solicit an Agency Employee or Candidate for hire or employ an Agency Employee or Candidate privately for services outside of the Agency for a period of one (1) year after the Employees’ last day of employment with the agency. In the event Client employs or otherwise engages the services of an Agency Employee or Candidate referred or introduced by TC to Client, TC is entitled to collect a placement fee from Client in the amount of $3500.
2. Claims of Sexual Harassment or Physical/Verbal/Emotional Abuse: At no time may the Client or any member of the Family engage in any such conduct toward an Agency Employee, Independent Contractor, a child or a person in his/her care.
3. Failure to Maintain Good Financial Standing with the Agency: Accounts more than thirty (30) days delinquent or consistent failure of Client to timely pay for services rendered when due and payable, as the Agency may determine in its sole discretion, will constitute a failure to maintain good financial standing with the Agency.
4. Unsafe Working Conditions: At no time may the Client or any member of the Family permit, maintain or allow an Agency Employee, a child or person in his/her care to be subjected to unsafe working conditions including, but not limited to, unsanitary household environments, exposure to hazards, illegal substances or activities, etc.
5. Failure to follow agency policies as outlined in separate document (Exhibit B).
6. Breach of Agreement will also be grounds for revocation of membership as the agency determines in its sole discretion. The Agency reserves the right to seek legal remedy at law or in equity, or both, for any and such breaches of this Agreement.

II. Payment

All membership and initiation fees, including renewal membership fees, are non-refundable.

If Client chooses to join as a member, Client agrees to pay TC the following “Classic Membership” Fees(s):

• $240 for a 12-month membership
• $180 for a 6-month membership
• $120 for a 3-month membership

Or “Classic Reserve Membership” Fees are as follows:

• $499 for a 12-month membership
• $349 for a 6-month membership
• $249 for a 3-month membership.

Client understands and agrees that membership will be automatically renewed and the Clients’ account on file will be charged on the day membership is set to expire. Client must complete and return cancellation form in order to stop automatic renewal charges or change length of membership and agrees to do so no later than fourteen (14) days prior to membership expiration date.

The Client must keep a valid payment method on file and authorizes TC to automatically charge for services rendered. Client will sign a receipt at the end of each shift which outlines chargeable hours and any mileage accrued. Client will be charged for the full time scheduled at booking even if the caregiver is dismissed early for the Client’s convenience.

The Client will be charged $25 for cancellations of requested services with less than a 24-hour notice and will be charged the full price of the scheduled service if less than 12 hours of notice is given.

The Client will be invoiced weekly via email for these amounts in addition to any applicable service fees and will have 24 hours to contest any charges.

Service rates are outlined in a separate document (Exhibit A), are subject to change and vary depending on the type of service provided.

If any service charges, fees or portions thereof are not paid within fourteen (14) days of invoice, TC will charge interest on the unpaid amount. Interest will be calculated by multiplying the unpaid balance by the periodic rate of .833% per month (TEN PERCENT [10%] ANNUAL PERCENTAGE RATE). The unpaid balance will bear interest until paid. If Client’s account is turned over to an agency or other person or entity for collection, all fees and interest, including but not limited to attorney’s fees and costs, incurred relating to the collection activity will be added to Client’s original balance, become payable to TC according to the terms of this Agreement, and Client agrees to pay TC all such fees, costs, and interest. Finally, Client agrees to pay TC any charge TC incurs if Client’s check or other payment is returned or refused for any reason or pay a $25 bounced check fee, whichever is greater.

Client agrees to provide TC with valid payment information; understands and agrees that TC shall charge Client’s account automatically for all service charges, fees and any other charges owed to TC. If Client fails to pay all fees and charges in a timely manner according to the terms of this Agreement; Client hereby irrevocably authorizes TC to place charges on said account in accordance with this Agreement; and agrees to pay all such charges and fees billed to Client’s account according to the terms of this Agreement.

Client will immediately give TC new payment account information should the account on file become invalid for any reason. If TC is unable withdraw payment within five (5) business days of a posted invoice, Client will incur a $25 convenience fee per week.

III. Scheduling Services

Classic Membership: TC will make reasonable efforts to accommodate requests for care but makes no guarantees regarding caregiver availability. Client should schedule services by the Thursday prior to the following work week, especially if the Client would like to request a particular Agency Employee. However, TC does not reserve Agency Employees for Classic Members. Agency Employees are scheduled based on availability and skill set. Any and all scheduling requests, changes or cancellations must go through the agency. To schedule, change or cancel appointments, please contact the agency. Cancellations must be made over the phone, not via email. Cancellations with less than 24 hours' notice will result in a $25 cancellation fee. Client will be charged for full booking if a cancellation is made with less than 12 hours' notice.

Classic Reserve Membership- Classic Reserve Members agree to provide TC with a consistent, set care schedule at the start of their Membership. TC will assign an Agency Employee to Client whose availability matches the Clients’ care schedule and schedule services in advance with that Agency Employee for a mutually agreed upon duration. If assigned Agency Employee becomes unavailable or Client wishes to replace Agency Employee for whatever reason, TC will work to find a suitable replacement. Client understands and agrees that making changes to the schedule will most likely mean that an alternative Agency Employee will need to be sent and makes no express guarantees about an Agency Employee’ availability indefinitely.

IV. Confidential Information

Client understands and agrees that, to the maximum extent allowed by law, all information and materials about Agency Employees or Candidates are to be kept strictly confidential and are to be used only in conjunction with TC’s Flex Division services.

If Client hires or otherwise engages an Agency Employee or Candidate or provides employee or candidate’s information to another party and the other party hires or otherwise engages the Candidate without compensating TC its full placement fees, Client will be responsible for paying TC’s full placement fee of $3500 as if TC had placed the Agency Employee or Candidate with a client.

TC does not use or distribute personal Client information for purposes not directly necessary for providing proper services. Client agrees to be automatically subscribed to TC’s e-newsletter and may unsubscribe at any time.

Agency Employees and Candidates are prohibited from discussing personal matters about a Client, the Family or the child or person in the Agency Employee or Candidate’s care with individuals outside of the Agency. Notwithstanding the foregoing, in the case of abuse or neglect of a minor or a vulnerable adult, TC and its staff reserves the right to report suspicions of abuse to authorities.

V. Limitation of Liability

The Client acknowledges and agrees on behalf of him/herself and the Family, that: (a) even the most thorough background check and screening process cannot detect every possible human defect, personality trait or idiosyncrasy; (b) the Agency uses the best and most comprehensive screening technology available, coupled with an extensive interview and reference check process; and (c) the Agency is not responsible for the unauthorized intentional acts or omissions of its Agency Employees or the acts or omissions of its Agency Employees, intentional or otherwise, if outside the course and scope of employment. The Client agrees, on behalf of him/herself and the Family, that the Agency will be liable only for any costs, claims, losses, damage, expenses or injury to person or property, including death and personal injury (collectively “Losses”) caused by the gross negligent acts or omissions of its Agency Employees within the course and scope of his/her employment with the Agency. In no event shall either party be liable for consequential, incidental, exemplary, punitive, special or indirect damages of any kind. Further, a party’s aggregate liability for damages of any kind under this Agreement – excluding Client’s potential financial responsibilities in Section II of this Agreement; the fees, costs and interest related to collections as referenced in Section II of this Agreement; and the limitation of liability provision in Section V of this Agreement – shall be limited to the value of the services used in a year or $5,000, whichever is less. If any waiver, exclusion or limitation of damages is not permitted by law, the parties’ liability to each other is limited to the maximum extent permitted by law. In case of suit arising from this agreement, for enforcement and/or damages for breach or violation hereof, the parties agree that the venue shall be in the proper courts of Pima County only, to the exclusion of all other courts in any other venues.

Notwithstanding the foregoing, the client acknowledges and agrees that the agency carries an extensive liability insurance policy. A copy of a declaration page may be available upon request.

VI. Arbitration and Attorney's Fees

All claims and disputes arising under or relating to this Agreement are to be settled by binding arbitration in the state of Arizona or another location mutually agreeable to the parties. An award of arbitration may be confirmed in a court of competent jurisdiction.

In the event of any dispute between the parties concerning the terms and provisions of this Agreement, the party prevailing in such dispute shall be entitled to collect from the other party all costs incurred in such dispute, including reasonable attorneys’ fees.

VI. Governing Law

This agreement shall be governed by and construed in accordance with the laws of the State of Arizona. Any action or proceeding commenced regarding this Agreement shall be brought in Pima County, Arizona.

VIII. Entire Agreement

This Agreement is entered into by TC and Client without reliance upon any statement, representation, promise, inducement, or agreement not expressly contained herein. This Agreement constitutes the entire agreement between TC and Client and supersedes all prior oral and written agreements between TC and Client with respect to the subjects covered in this Agreement.

IX. Amendment

This Agreement shall not be amended or modified except in a mutually agreed upon writing signed by Client and an authorized representative of TC expressly stating an intent to modify or amend this Agreement.

X. Informed Consent

Client represents that he or she has carefully read and fully understands the scope and effect of all of the provisions of this Agreement; that he or she has had all such time that he or she desires within which to consider this Agreement; that he or she has had the opportunity to consult with an attorney of his or her own choosing and at his or her own expense to review this Agreement; and that he or she has availed himself or herself of this opportunity to the extent, if any, that he or she wished to do so.

XI. Severability

The terms of this Agreement are severable. The invalidity or unenforceability of any provision within this Agreement shall not affect the application of any other provision, provided that the essential terms and conditions of this Agreement for each party remain valid, binding and enforceable. Further, consistent with the purposes of this Agreement, any otherwise invalid provision of this Agreement may be reformed and, as reformed, enforced by any party to this Agreement.

XII. Counterparts

This Agreement may be executed in counterparts, each of which shall be deemed to be an original. Failure or delay on the part of any party to exercise any right, remedy, power or privilege under this Agreement shall not operate as a waiver of any right, remedy, power or privilege.

XIII. Force Majeure

Each party agrees that the other party is not responsible for any events or circumstances beyond its control (including but not limited to war, riots, embargoes, strikes and or acts of God) that prevent the party from meeting its obligations under this Agreement.

XIV. Assignment

Neither party shall assign or transfer this Agreement or any interest herein without the prior written consent of the other party.

Sole Remedies

The rights and remedies provided in this Agreement shall be the sole and exclusive rights of the parties against one another relating to the subject matter of this Agreement. Section headings in this Agreement are included herein for convenience of reference only and shall not constitute a part of this Agreement for any other purpose. Sections 2, 4, 5 and 6 of this Agreement shall remain in effect even after termination of this Agreement.

I hereby certify, represent and warrant that I have carefully read this Flex Client Service Agreement, fully understand its final and binding effect, and agree to all its terms and conditions.

Exhibit A

Rates and Fees

Member Rates:

Additional Fees:

Non-Member Rates:

Additional Fees:

Exhibit B

Agency Policies

General care policies

Caregivers are only allowed to provide care for TC families if it has been scheduled through the agency. We ask that you do not contact our employees outside of their scheduled work hours or ask any TC caregiver to provide services outside of the agency. Doing so will result in revocation of membership and/or fees.

TC employees are not permitted to use physical forms of punishment with children of any age.

TC employees do not administer medication, drive children or take photos without written permission. If you do not have a Care Permissions Form on file, be sure to fill out a Temporary Authorization Card (provided by caregiver) on days you will need your caregiver to administer medication or drive for a specified purpose.

Caregivers should not accept personal phone calls while working; however, you may keep in contact with your caregiver during the shift. The agency may occasionally communicate with employees throughout the day if work-related issues arise.

Clients are required to keep a working thermometer in the home and will be asked to return if a child’s fever reaches 103 degrees or higher.

Dress code

All Trusting Connections employees are required to adhere to a dress code and wear a company name badge to each job unless permission has been given otherwise. Nannies are asked to keep a modest bathing suit on hand, especially during the summer months when families are more likely to ask that the nanny participate in and supervise water play.

Daily procedures

Before each shift, all caregivers should read and review your Family Care Guide. The caregiver should also maintain a daily record of events on the Connect Card which serves as a communication log between our caregivers and families. At the end of each shift, the client will be asked to sign a receipt detailing hours worked and any additional charges accrued. Caregivers have the option of using an electronic version of the Connect Card/receipt on their phones. Please let your caregiver know if you would prefer a paper Connect Card.

Traveling outside the home

Written permission must be given for a nanny to drive children for any reason. All safety precautions such as seat belts and proper car seat use must be followed. Some families may request that the caregiver use her own vehicle, in which case reimbursement for mileage will be required. Client is responsible for providing car seats/booster chairs. TC employees are not permitted to install car seats into any vehicle other than their own.

Scheduling care

To request care, we recommend logging into your client portal and booking services from the scheduling tab on the dashboard. You can also call the Scheduling Manager or email carephx@trustingconnections.com. Changes or cancellations may only be made via phone. See Emergency Back-Up Care for after-hours procedures. We do our best to fill all jobs; however, we cannot guarantee availability especially during busy seasons. Caregivers are booked on a first-come-first-served basis and members receive priority scheduling. The schedule is made on each Friday for the following week and all requests should be made by Thursday. Classic Flex Members are welcome to request a specific caregiver but we do not "reserve" caregivers. Classic Members should not have an expectation that they will work with a requested nanny on a regular basis. Families seeking consistent care with one nanny are encouraged to do a Placement or consider Classic Reserve Flex Membership.

Emergency Back-Up Care

We are here for you if you ever find yourself in a bind. If you need immediate assistance after hours or need to make a last-minute request for care, please call 888-622-9559. Please leave a message if your call is not answered. It should be returned within 30 minutes. If an on-call nanny is still available, she can typically arrive within 90 minutes. We sincerely appreciate you planning ahead and ask that this service only be used for legitimate emergencies or urgent, unforeseen circumstances. You should also call our after-hours line if our office is closed and you need to notify us of an urgent change or cancellation.

Payment policies

Trusting Connections makes payment as convenient as possible. Families are automatically charged weekly with the card or ACH account on file for services rendered. You will have the opportunity to review charges in an electronic invoice before final processing takes place. If we are unable to process payment, you will need to promptly provide the agency with an alternative payment method in order to avoid late fees.

Hourly rates are all-inclusive; however, some families may wish to tip caregivers for exceptional service. Any gratuity must be given directly to the nanny. Caregivers are not permitted to accept payment for additional service hours not scheduled by the agency. If the caregiver is released early at the family’s request, the client is charged for the full shift scheduled.

Cancellation Policy

In order to attract the highest quality caregivers, our agency is committed to ensuring our nannies are treated fairly and that their time is respected. Therefore, we require 24-hour’s notice for any cancellations. With the exception of an emergency or illness that necessitates the cancellation, clients are charged a $25 fee if less than 24-hour’s notice is given. The client is charged the full price of booked services if less than 12-hours’ notice is given and our caregiver is paid as if she worked the job. To schedule, change, or cancel services, please call our office during office hours or call the after-hours line, if necessary. Cancellations must be made via phone, not email.

Auto Renewals

Your membership is automatically renewed and the account on file is charged for the membership fee. If you need to cancel, upgrade, or downgrade your membership, you will need to submit a Membership Cancellation Form or Client Information Update Form online form, which is located on our website. Membership fees and renewals are non-refundable.