Childcare Agreement

1. Engagement

As requested by Parent, Jovie of Atlanta will provide a Sitter on a temporary basis (“on-Call Services”). a minimum four hour block is required for a Sitter to be scheduled for on-Call Services. Jovie of Atlanta will attempt to source a Sitter for reasonable care requested, but does not warrant that a Sitter will be available for care requested by Parent at any time for on-Call Services. Jovie of Atlanta will provide nannies who have been screened, interviewed by Jovie staff, and who have passed the Jovie Premier Background Check and reference checks. By engaging our services, you agree to not independently contact, hire or refer our nannies for any purposes outside of our employ. Parent is responsible for keeping Jovie of Atlanta and the Sitter informed of the needs of the Child(ren). Jovie of Atlanta and assigned nannies will respond to the Child(ren)’s needs and provide services described in this agreement, subject to and in accordance with Jovie of Atlanta policies and guidelines.

2. Fees

Jovie of Atlanta will charge parent for all on-Call Services at a rate of $35 per hour for 1 - 3 child(ren) or $40 per hour for 4 - 5 children, with a minimum of four (4) consecutive hours. Same-day On-Call Services will be charged instead at a rate of $55 per hour, with a minimum of four (4) consecutive hours. Hourly rates may vary based on the specific On-Call order request, including, but not limited to, the number, ages and needs of the children, Sitter qualifications, and requested date and time, hotel, and are subject to change for each on-Call order. An overtime rate of 1.5 times the on-Call service rate will apply when the Sitter reaches the appropriate threshold under law. Customers may cancel service at their discretion. Notice of cancellation must be given to Jovie of Atlanta 24 hours prior to the start of the scheduled service or the payment will not be refunded. Should Jovie of Atlanta not be able to provide a Sitter a refund will be processed within 48 hours.

3. Employment Claims

Jovie of Atlanta is the employer of the nannies provided to Parent and is responsible for all employment related wage and tax compliance. Jovie of Atlanta agrees to release Parent from and to defend, with Jovie of Atlanta retaining the right to select counsel, indemnify and hold harmless, Parent from and against all liability, losses claims, damages and expenses (including attorney’s fees and disbursements which Parent may incur as a result of: (a) any claim for wages, benefits, vacation or PTO pay, or unemployment insurance by any Sitter assigned to Parent; or (b) any workers compensation injury sustained by any Sitter assigned to Parent covered by Jovie of Atlanta workers compensation insurance policies, as said policies may change from time to time. as the employer, Jovie of Atlanta reserves the right to replace or remove a Sitter at any time with immediate written notification for any reason including but not limited to appropriate work conditions.

4. Release of Jovie of Atlanta

Provided that Jovie of Atlanta has provided the services defined above according to generally accepted professional industry guidelines, Parent, the Child(ren) and or others that may assert a claim on Parent or Child(ren)’s behalf hereby agree that Jovie of Atlanta and its officers, directors, employees, insurers, and anyone acting on behalf of or on instructions from Jovie of Atlanta (the “Releasees”) shall not be held responsible or liable for any loss, damage, theft of personal property, personal injury, death, costs, or expenses of any nature arising from or related to negligence of the Releasees or otherwise. For the avoidance of doubt, any acts of gross negligence or willful misconduct of Releasees are expressly excluded from foregoing waiver and release. Parent further agrees that the Releasees shall not be held responsible or liable for any claims, other than those listed in Section 3 above, that a Sitter may have or assert against Parent. Parent will indemnify and hold the Releasees harmless from any and all such claims by a Sitter.

5. Insurance

Parents are 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 required as a result of any injury to Parent or Child(ren), or as a result of damage to personal property. Jovie of Atlanta does not provide any insurance for Parent or Child(ren). Jovie of Atlanta does provide workers compensation insurance for coverage of the Sitter. Parent authorizes Jovie of Atlanta and the Hotel to take such steps as may reasonably determine to be necessary for the welfare of the Child(ren) should the Child(ren) become sick, have an accident or require medical attention for any reason while the Child(ren) are in the care of Jovie of Atlanta, including without limitation contacting a local physician and/or taking the Child(ren) to a local medical facility.

6. Non-Solicitation of Employees

During the term of any engagement and for 12 months following termination of engagement, Parent 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 Sitter introduced to you or that provided services to you, without the express written permission of Jovie of Atlanta and payment of the fees set forth below. Parent may not make any private agreement with a Sitter or take 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 a payment of an additional fee of $4,000 as liquidated damages. Private agreements and actions include, but are not limited to, actions that would enable Parent or any other person to avoid payment of the Hourly Fees due to Jovie of Atlanta such as employing the Sitter directly and outside of Jovie of Atlanta.

7. Terms and Termination

This agreement commences upon the Effective Date and continues during the term of Parent’s use of Jovie of Atlanta services, until terminated by either party upon notice.

8. General

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 Georgia. If any term or provision of this Agreement shall be held to be illegal, unenforceable, or in conflict with any law governing it, the validity of the remaining portions of the agreement shall not be affected thereby and shall remain in full force and effect.