Untitled Document
TLC For Kids, Inc. DBA TLC Family Care, with its principal mailing address 7750 Maryland Avenue # 16042, St. Louis, MO 63105 (“TLC” or “We” or “Us”), and the client whose name is affixed to this application below (“Client”) agree to the terms and conditions set forth in this Services Agreement (the “Agreement”).
1. Services for Nanny Hiring Consultation
Client is interested in hiring a TLC Consultant to help them with their individual nanny hiring process. The client understands that TLC is not performing a search and referral process. The intention of this service is to guide a parent through the process by sharing information based on TLC’s many years of practicing in the Nanny referral marketplace. Client understands that the fee for TLC consulting is $250 per hour with a 1-hour minimum and that consultations that run over 1 hour are billed in 15-minute increments.
Client understands that TLC is not performing a search and referral process. The intention of this service is to guide a parent through their own individual search and direct-hiring process. TLC is not making any referrals, endorsement of candidates, or hiring recommendations to Client. TLC will advise Client on useful techniques and tools that are intended to benefit, but not guaranteed, to assist them in their search, interviewing, and reference-checking activities related to identifying a Nanny candidate whom they may wish to establish an employment relationship with.
2. Confidential Information
Client understands and agrees that all information and materials received by Client during the consultation are considered proprietary and confidential and are provided solely for the use of the Client in their individual Nanny search process.
Both parties may receive information that is proprietary, trade secret, or confidential to the other party. Both parties agree to hold such information in strict confidence and not to disclose such information to third parties or to use such information for any purpose whatsoever other than performing under this Agreement or as required by law.
3. Payment
Consulting will be charged before each scheduled consultation and is non-refundable once charged. Should Client need to cancel after the consultation session has been billed, the consultation can be rescheduled within a reasonable time period (within two weeks of the canceled consultation).
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, TLC will charge interest on the unpaid amount of the fee. Interest will be calculated by multiplying the unpaid balance by the periodic rate of .0083% 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 TLC according to the terms of this Agreement, and Client agrees to pay TLC all such fees, costs, and interest. Finally, Client agrees to pay TLC any charge TLC incurs if Client’s check or other payment is returned or refused for any reason.
Client agrees to provide TLC with a valid credit card number, expiration date, and security code; understands and agrees that TLC shall charge Client’s credit card for all fees and charges owed to TLC if Client fails to pay all fees and charges in a timely manner according to the terms of this Agreement; hereby irrevocably authorizes TLC to place charges on said account in accordance with this Agreement; and agrees to pay all such charges and fees billed to Client’s credit card according to the terms of this Agreement. Client will give TLC new credit card information and authorization for the new credit card(s) should Client cancel the credit card or should Client’s ability to use the credit card cease for any reason.
4. DISCLAIMER/WAIVER/HOLD HARMLESS/LIMITATION OF LIABILITY
To the maximum extent permitted by law, TLC assumes no liability or responsibility for, and makes no representations or warranties about, any information, material, errors, omissions, or services it provides to Client. Client understands and agrees that Client’s use of TLC’s services is at Client’s own risk. Except as specified in this Agreement, TLC does not provide and specifically disclaims any express or implied guarantees or warranties to Client.
By checking the agreement box and affixing their typed name to this form, Client hereby waives and releases TLC and its owners, agents, employees, officers, directors, attorneys, representatives and affiliated entities from all liability, including but not limited to liability arising from negligence, equipment, or the actions of any third party, arising under law or otherwise.
This Agreement does not govern claims that cannot be released by private agreement or that cannot lawfully be waived. In addition, this Agreement does not limit either party’s right, where applicable, to file, cooperate with or participate in an investigative proceeding of any governmental entity, or to file charges that do not seek personal relief for released claims with any governmental entity.
Additionally, Client shall indemnify, defend and hold TLC and its owners, agents, employees, officers, directors, representatives, attorneys and affiliated entities harmless against any damages or liability whatsoever arising out of or in any way in connection with the consultation services provided to Client by TLC, regardless of how, when, or where any damages or liability was incurred.
Finally, in no event shall either party to this Agreement 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 shall be limited to the amount of the fees received by or owed to TLC from Client.
5. Miscellaneous
This Agreement shall be governed by and interpreted according to the laws of the State of Missouri. Any action or proceeding commenced regarding this Agreement shall be brought in St. Louis County, Missouri.13.3 This Agreement and any attached exhibit(s) are entered into by TLC and Client without reliance upon any statement, representation, promise, inducement, or agreement not expressly contained herein. This Agreement and any attached exhibit(s) constitute the entire agreement between TLC and Client and supersede all prior oral and written agreements between TLC 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 TLC.
Client represents that it has carefully read and fully understands the scope and effect of all of the provisions of this Agreement; that it has had all such time that it desires within which to consider this Agreement; that it has had the opportunity to consult with an attorney of its own choosing and at its own expense to review this Agreement; and that it has availed itself of this opportunity to the extent, if any, that it 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 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. Such counterparts, when taken together, shall constitute but one agreement.
Neither party to this Agreement 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 to this Agreement against one another relating to the subject matter of this Agreement.
I have read and understand the terms of the Services Agreement.
