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4. Qualifications of Caregivers: TLC Family Care ensures that all caregivers provided have undergone a comprehensive screening process, including personal interviews, skills evaluations, reference checks, and background checks including child abuse/neglect screenings. However, it is acknowledged that caregivers may not possess daycare-specific qualifications, including meeting state requirements. Caregivers will be considered assistants and are not designated to meet daycare qualifications. |
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5. Services Provided by Caregivers: TLC agrees that caregivers will provide child care for attending children, including playing games, reading books, organizing arts and crafts activities, serving meals, snacks, and bottles, changing diapers, and organizing trips to the restroom. Client understands that caregivers cannot administer medication to children. |
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6. Insurance: TLC acknowledges that it maintains general liability insurance, errors and omissions insurance, and a surety bond. Certificates of Insurance can be provided upon request. TLC recommends that Client acquire an umbrella policy from Client’s insurance company for additional coverage |
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7. Indemnification: Client agrees to forever indemnify, release and hold harmless TLC, its agents, employees and officers for any and all claims of any nature, including, but not limited to, injury of children in the care of caregivers provided by TLC. |
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8. Employment Status: All caregivers provided by TLC Family Care are employees of TLC Family Care. Client agrees not to hire caregivers directly or refer to a third party any caregiver whom Client meets through TLC. Client further agrees that use of a TLC caregiver without arranging the visit through TLC will result in a charge of $6,000 for liquidated damages.
If Client wishes to hire a TLC-employed caregiver directly, Client must contact TLC to communicate their wishes, and a placement fee of 10% of the annual salary will be charged if approved by TLC. |
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9. Availability and Demand: TLC Family Care may not always be able to accommodate all staffing requests due to high demand. Client understands that availability is subject to demand and scheduling constraints.
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10. Responsibilities of Center: Provide necessary information about the facility's policies and procedures to the substitute caregiver including parking, meals, breaks, classroom, cleanliness, and policies for promoting positive behavior. Provide a safe classroom environment. Notify TLC Family Care promptly in the event of any issues or concerns regarding the substitute caregiver. |
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11. Conditions of the Agreement: This instrument contains the entire agreement between the parties and may not be changed orally; all changes must be made in writing and approved by Client and TLC. This agreement shall be interpreted and construed under and in accordance with the laws of the State of Missouri.
Client understands and agrees that TLC incurs significant expenses in finding, recruiting, training, and retaining its candidates and employees. The client further understands and agrees that the departure of candidates and employees represents a significant financial hardship to TLC. Further, Client understands and agrees that the precise amount of damages suffered by TLC may be difficult to determine.
Client agrees that it shall pay TLC all fees as described in this Agreement and its attached exhibits and documents as a result of any contract, employment, or other engagement between an Assigned Employee, TLC candidate, or employee and Client. Client further agrees to pay to TLC all costs and attorney’s fees incurred by TLC in the enforcement of this provision. |
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12. Term and Termination: This Contract will be effective as of the date submitted and will continue until terminated by either party with a 30-day written notice.
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13. Confidentiality: Both parties agree to keep all information related to this Contract and any confidential information received from the other party confidential.
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14. Governing Law: This Contract will be governed by and construed in accordance with the laws of Missouri. |
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