Placement Service Agreement – DFW Trusting Connections Southlake, LLC “TC” or “Agency” and “Client” hereby enter into this Placement Service Agreement (the “Agreement”). I. Services Client desires to hire a domestic service provider (“Candidate”) to provide childcare and/or domestic services. TC is a referral agency and will make reasonable efforts according to applicable laws to refer Candidates to Client. However, Client understands and agrees that employing a Candidate is ultimately Client’s decision, and that registering with or paying TC does not guarantee that TC will find a suitable Candidate for Client. Furthermore, Client understands and agrees that TC only accepts clients that are willing to offer a minimum of $18 per hour. II. Payment To begin placement process, Client must first register with the agency and pay a, non-refundable $65 registration fee. This registration fee is valid for ninety (90 days) and covers the cost of the virtual, Care Consultation. If the client does not move forward in initiating placement services after the Care Consultation including completing all necessary paperwork, approving the job ad, etc. within ninety (90) days, Client will be required to pay another $65 registration fee and complete a follow-up consultation via video conference or phone upon resuming services. In the event Client employs or otherwise engages the services of a Candidate referred or introduced by TC to Client, at any time from within one year of the date of TC’s referral or introduction of the Candidate to Client, for any position even if not for the position originally sought by Client, Client agrees to pay TC the following Placement Fee(s): A. Teal Program: 10% of Candidates’ gross annual compensation ($3000 minimum). This option includes one Candidate replacement within 30 days from Candidate’s first day of employment or other engagement with Client per terms of this agreement. B. Silver Program: 12% of Candidates’ gross annual compensation ($3400 minimum). This option includes one Candidate replacement within 90 days from Candidate’s first day of employment or other engagement with Client per terms of this agreement. C. Gold Program: 15% of Candidates gross annual compensation ($3800 minimum). This option includes one Candidate replacement within 180 days from Candidate’s first day of employment or other engagement with Client per terms of this agreement and a complimentary, 12-month Classic Flex Membership if client completes all required Flex paperwork, including separate Flex Service Agreement, within seven (7) days of paid placement fee. Complimentary membership offer is not valid if paperwork is received after this deadline. D. NCS Placement: 15% of the Candidates gross annual compensation ($3000 minimum.) This option includes one Candidate replacement within 30 days from Candidate’s first day of employment or other engagement with Client per terms of this agreement. E. Short-Term or Part-Time Placement: 18% of the Candidates gross annual compensation ($3000 minimum.) This option includes one Candidate replacement within 30 days from Candidate’s first day of employment or other engagement with Client per terms of this agreement. Short-Term or Part-Time are defined as less than a year or less than 30 hours a week. For short-term placements (less than a year), client will be subject to additional placement fees in the event that the candidate's length of employment is extended beyond the original term length. Client must notify the agency immediately upon the candidate accepting any Work Agreement extension and a new placement fee will be determined according to the payment terms of this agreement. Client must also notify the agency in the event that a candidate's part-time work schedule increases in hours on a regular basis from the weekly work hours originally agreed to. Client will also be subject to additional placement fees in this case as well. Client agrees to pay TC a Placement Fee for each Candidate Client employs or otherwise engages. Employee share placements will be subject to a $500 surcharge. Full-Time, Long-Term Placement Fees (Teal, Silver or Gold) will be calculated by multiplying the Candidates’ maximum anticipated weekly work hours by the hourly rate offer. This number will then be multiplied by 52 to determine “total annual compensation.” For NCS/Short-Term/Part-Time placements, the Candidates’ maximum anticipated weekly work hours will be multiplied by the hourly rate offer and then multiplied by the number of weeks the Candidate is committing to in the Work Agreement. In any case, any additional compensation such as bonuses, health stipends, etc. will also be added to the candidate’s compensation total. Client agrees to pay TC all fees owed pursuant to this Agreement. Upon offering a position to a Candidate, client agrees to immediately select a Placement Fee Program, within 24 hours of offering the candidate the position. As soon as a Candidate referred by TC accepts an offer of employment or other engagement from Client, and in any case no later than 48 hours before the Candidate’s first day of work for Client, Client’s account will be automatically charged. If no Placement Fee Program is chosen, TC will select the Silver Program by default and charge Client accordingly. In this case, Client will be ineligible to receive replacement guarantee. Client understands and agrees that Client’s hiring or other engagement of a Candidate referred by TC will constitute Client’s acceptance of the terms and conditions of this Agreement even if Client does not return this executed Agreement to TC. Except as otherwise stated in this Agreement, all fees are non-refundable, earned in full, and due and payable according to the terms of this Agreement. If any fees or portions thereof are not paid when due, TC will charge interest on the unpaid amount of the fee. 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. Client agrees to provide TC with valid payment information; understands and agrees that TC shall charge Client’s credit card or bank account for all fees and charges owed to TC if Client fails to pay all fees and charges in a timely manner according to the terms of this Agreement; 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’ according to the terms of this Agreement. Client will immediately give TC new payment information if the account on file becomes invalid. Client understands and agrees to pay a 3% processing fee if the Placement Fee is paid for by credit or debit card. This processing fee is waived for clients paying via ACH. III. Interviews & Trial Periods Client is entitled to interview as many Candidates as possible and as necessary; however Client understands and agrees that Candidates presented at the interview stage have only been partially processed and have undergone and successfully passed, at a minimum, the following pre-screening processes: extensive interview(s) by an agency representative, resume check if available and professional reference checks conducted by an agency representative. Candidates are not fully processed until the Client expresses intent to hire Candidate. Client should not formally offer a candidate the position until confirming with the Agency that all final processing steps have been completed. Placement Fee includes full screening services for one (1) Candidate per placement. Any additional screening services will incur additional fees ($150 per each additional Candidate.) If Client wishes to have a trial period before formally offering a position to a Candidate, the Client will be charged a daily agency fee of $30. All trial period services must be scheduled through the agency. The Client authorizes TC to automatically charge Client for all agency fees incurred during the trial period(s). Client is prohibited from scheduling any work outside of the trial period until the agency has been paid in-full for the placement. IV. Placement Suspension Client understands and agrees that Trusting Connections will pause all placement process efforts, including but not limited to, sorting through applicants, promoting the position, booking interviews/trial periods and screening candidates on behalf of the Client after a period of inactivity or unavailability for a period of 10 days or more. Trusting Connections will consider the client inactive/unavailable if he/she is unable to interview candidates, schedule trial periods, return agency calls/emails in a timely manner, etc. Once a placement is suspended, the position will be removed from all websites and the client's status will be changed to "inactive" in the portal. The Client will be required to pay an additional $65 initiation fee to resume the placement process in the event that a placement is suspended for any reason. V. Replacement Policy Upon fulfillment of all the conditions listed herein, subject and limited to the terms of this Agreement, if the initial Candidate leaves Client’s employment, or other engagement with Client whether voluntarily or involuntarily, within the guaranteed time, TC will make reasonable efforts according to applicable law for 30 days to provide additional referrals for a maximum of one replacement Candidate to Client. TC’s obligation to refer a replacement Candidate is expressly conditioned on Client’s: (1) Satisfaction of all of his or her obligations under this Agreement, including but not limited to payment of all TC’s fees and charges in a timely manner (2) Notification to TC within 24 hours of the Candidate’s resignation or termination of employment or other engagement (3) Abiding by all applicable laws and regulations (4) Not materially changing the Candidate’s job duties or job description (5) Not engaging in any acts of harassment, abuse, or moral turpitude in the context of the employment relationship. Determining compliance with these conditions is in the sole and absolute discretion of TC as allowed by law. If Client fails to satisfy all of these aforementioned conditions, TC shall have no further obligations to Client. TC’s obligation to refer a replacement Candidate shall not apply at the end of the applicable replacement period or any time thereafter. In the case of an employee share placement, TC will extend one replacement per placement fee paid. VI. Client is Candidates’ Employer Trusting Connections will act as a knowledgeable, third party in the placement process, connect families with potentially ideal Candidates, facilitate discussions and mediate in case of disagreements between the Candidate and Client during the Work Agreement drafting process and will also be a continuing source of education and support. However, TC is not a party to any agreement made between Client and a Candidate. Client understands and agrees that the Candidate’s work schedule, compensation, and the method, manner and means of employment and any other terms and conditions of employment, will be determined by Client and Candidate. TC will not be responsible for the Candidate’s direction, supervision, control or compensation, and TC is not the Candidate’s employer or co-employer with Client. Rather, Client will be solely responsible for the Candidate’s direction, supervision, control and compensation, and Client understands and agrees that it is the Candidate’s employer. Accordingly, Client understands and agrees that it will be responsible for all employer related taxes, withholdings and all other obligation and requirements according to applicable law including laws that pertain to employee share arrangements. VII. Confidential Information Client understands and agrees that, to the maximum extent allowed by law, all information and materials about Candidates are to be kept strictly confidential and are to be used only in conjunction with TC’s referral services. If Client provides Candidate information to another party and the other party hires or otherwise engages the Candidate without compensating TC its full fees, Client will be responsible for paying TC’s full fees as stated in this Agreement as if TC had placed the Candidate with a client. TC only discloses information necessary for proper placement of a Candidate such as client expectations, child-rearing beliefs and philosophies, general geographical job location, job requirements and child(ren)s’ ages/sexes/special medical needs. The Clients’ contact information, address and full name will only be given to Candidate once the Client expresses the desire to schedule an interview. TC does not use or distribute personal client information for purposes not directly necessary for referral services. Client agrees to be automatically subscribed to TC’s e-newsletter and may unsubscribe at any time. VIII. Disclaimer/Hold Harmless/Limitation of Liability By signing this agreement, you are acknowledging that even the most thorough background check cannot screen out every possible human defect. TC uses the best and most comprehensive screening technology available, coupled with an extensive interview and reference check process and makes no warranties as to the ability or character of any Candidate. Except as expressly stated in this Agreement, TC assumes no liability or responsibility for, and makes no express or implied guarantees, representations or warranties about, any information, material, services, referrals, Candidates, independent contractors, employees or potential employees (including but not limited to the qualifications or performance of Candidates) it provides to Client. Client’s use of TC’s services is at Client’s own risk. Trusting Connections cannot prevent the Client or the Family from becoming exposed to, contracting, or spreading COVID-19 or any other communicable diseases while utilizing agency services or premises. It is not possible to prevent against the presence of the disease. Therefore, if the Client chooses to utilize Agency services and/or enter onto Agency’s premises, the Client may be exposing him/herself to and/or increasing risk of contracting or spreading COVID-19 and/or other communicable diseases. Additionally, TC does not employ or exercise control or discretion over Candidates or any person referred by TC to Client, and disclaims all responsibilities for such individuals’ conduct, misconduct, negligence or omissions. Additionally, to the maximum extent permitted by law, Client shall indemnify, defend and hold TC and its owners, agents, employees, officers, directors, representatives, attorneys, and affiliated persons and entities harmless against any damages or liability whatsoever arising out of or in any way in connection with Client’s conduct, negligence, omission(s) or misconduct. 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 indemnity, defense and hold harmless provision in Section VII of this Agreement – shall be limited to the amount of the Placement Fee(s) received by or owed to TC from Client, whichever is greater. 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. Additionally, Client is solely responsible for ensuring their own compliance with all federal laws and regulations regarding household employment, payroll and taxes and are strongly encouraged to research employer requirements and seek legal and/or financial counsel before signing any Work Agreement. The Agency cannot provide legal and/or financial advice but will refer clients to third party vendors for additional information. IX. Miscellaneous This agreement shall be governed by and construed in accordance with the laws of the State of Texas. Any action or proceeding commenced regarding this Agreement shall be brought in Tarrant County, Texas. 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. 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. 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. 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. 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. 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. Neither party shall assign or transfer this Agreement or any interest herein without the prior written consent of the other party. 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, 7, 8 and 9 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 Agreement, I fully understand its final and binding effect, and agree to all its terms and conditions.* Yes I accept. Signature*Name First Last Date* MM slash DD slash YYYY CAPTCHA