This agreement is made this ______day of ______, 2007, between
[______], "Employer” and Jennifer White, “Babynurse” or “Employee.”
WHEREAS Employer wishes to employ Babynurse to provide care for [______]; and
WHEREAS Babynurse wishes to provide such care;
NOW, THEREFORE, in consideration of the foregoing and for other good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows:
Period of Contract:
This agreement begins on [_____/_____/_____] and continues until [____/_____/_____] and can be renewed provided both Employer and Babynurse agree.
Termination of Contract:
- If the babynurse is terminated “for cause,” the employer is not bound to this contract. If the babynurse is terminated for any other reason, then the remaining contracted amount will be due immediately upon termination. “For cause” is defined as the following: willfully or accidentally harming the baby, acting negligently or recklessly with respect to the baby, not following reasonable instructions of Employer, failing to maintain professionalism and confidentiality as a representative of the family, theft, dishonesty or the commission of a felony.
- If the babynurse decides to leave the position, the employee will only be compensated for the days babynurse services were provided. If the babynurse leaves the position prior to completing 50% of the contracted days she will refund the employer for the appropriate amount. Likewise, if the babynurse decides to leave the position after completing more than 50% of contracted days the employer will compensate the employee for the days that have not yet been paid.
- Any outstanding bills or unqualified vacation/sick/personal days will be deducted from Employees final pay. An adjusted final check will be provided the last day of employment at the end of the workday.
- If the family simply changes their mind, for any reason, prior to the scheduled start of the contract, Babynurse shall be entitled to retain the full deposit.
Amending the Contract:
This agreement may not be changed or amended orally or in any manner other than by an agreement signed by both Employer and Babynurse. If portions of this contract are not applicable to a particular family’s need or situation such portions may be crossed out and initialed by both Employer and Babynurse.
Responsibilities:
* Add or cross out as needed
- Providing full-time care for up to 20 hours per day, [__] days per week . Employer understands that Babynurse is free to spend off duty time as she chooses and further understands that Babynurse is free to come and go from Employer’s home during such times. Babynurse will have at least one four hour stretch per day where no childcare duties of any kind will be required. The timing of these periods will be discussed between Employer and Employee at the start of each week so that Babynurse may be free to rest or take care of her personal errands.
- Educating and advising parents with methods of evidence based infant care
- Planning age appropriate activities that promote the physical, emotional, intellectual, and social development of the children.
- Complying with parents' child-rearing preferences and discussing any differences of opinion so as to come to agreement on a preferred method.
- Maintaining a cheerful and helpful attitude while on duty.
- Promoting feelings of security in the children at all times.
- Maintaining daily logs of events and share with Employer about special problems, newly learned skills, etc..
- To the extent reasonable, reading/reviewing any pertinent literature provided by the parents in order to promote a broader knowledge base concerning child-rearing philosophies, education, and child psychology.
- Assisting with other infant related duties as requested by Employer.
- Working exclusively for Employer during the time of this contract.
- Keeping all of Employer's household and other matters confidential.
Specific Duties:
* Add or cross out as needed
- Infant feeding
- Infant bathing
- Sterilizing, cleaning and preparing bottles
- Initiating a schedule for sleeping, meals, nap and play-time
- Laundering infant clothing and linens including washing, drying, folding and dry cleaning, as needed
- Keeping the nursery tidy
- Changing linens
- Maintaining all supplies
- Restocking baby care items
- Emptying diaper containers
- Keeping the infant play areas and bathroom tidy
- Keeping age appropriate toys safe, clean and in good working order
- Keeping a daily journal of schedules and moods
- Running infant related errands as directed
- Transporting infant to activities and appointments as agreed upon by Employer
Other responsibilities/duties:
______
______
______
Planned Work schedule:
______
______
______
Other regular hours needed or variations in the above schedule:
______
______
Monetary Compensation:
- Employer agrees to pay Babynurse a base salary of per day.
- Employer agrees to pay double time for the following holidays: New Years Eve, New Years Day, Easter Sunday, Thanksgiving Day, December 24th, and Christmas Day.
- Employer agrees that even if Employer chooses not to utilize Babynurse services that have been contracted for (unless for cause, as described above), Babynurse will receive guaranteed base salary until such time as work resumes or employment is terminated. Employer further agrees that Babynurse will not be required to "make up" or "exchange" this time.
- Employer agrees to pay Babynurse a deposit of $[______] (50% of total contracted days) in advance by check, money order or electronic transfer at which time Babynurse services are engaged and the time contracted for is now committed. Employer agrees that if they will be out of town for any reason on a scheduled payday, they will provide the agreed upon amount in advance of such scheduled payday.
- Employer agrees to reimburse Babynurse for travel expenses to and from Employer's residence (at the start and end of employment, unless employment is ended for cause by employer or for any reason by Babynurse).
- Babynurse agrees to travel with family as needed and to perform duties for the family per the terms of this agreement.
- Employer agrees that if Babynurse is traveling with the family, all meals, transportation, and lodging costs are assumed by Employer, even if Babynurse is not working that day. Employer further agrees that if Babynurse is asked to accompany the family to an event of any kind while working, Employer shall assume all costs related to the attendance of such event, including transportation to and from, admission, and meals.
Taxes:
Employee works as a private contractor therefore no taxes will be withheld.
Furnishings:
Employer will provide Babynurse with a private bedroom with the following furnishings:
- Bed
- Dresser
- Bed linens
- Bath linens
- Internet access (in the home not in the bedroom)
- TV
Expenses:
If needed, Employer will provide Babynurse with either a household credit card or a petty cash fund to purchase baby supplies as requested by Employer. At no time shall Babynurse be expected to use her own personal funds to pay for such items. If Babynurse chooses to purchase items on an emergency basis for Employers, it is understood that Employers will reimburse Babynurse for such purchases immediately upon presentation of a receipt. It is further understood that Babynurse shall keep an accurate record of all spending and provide Employers with receipts for all purchases.
Meals/Basic Utilities:
It is understood that Employer is providing room and board for Babynurse for the duration of her employment. If Employer chooses to go out for a meal, they are not obligated to take Babynurse with them, but should ensure that adequate food items are available for Babynurse to prepare her own meal. If Employer chooses to ask Babynurse to accompany them, Employer accepts financial responsibility for that meal out. If Babynurse chooses to go out for a meal on her own or order take-out, Babynurse understands that she is financially responsible for that meal. It is further understood that all basic utilities are the financial responsibility of Employer, which shall include basic phone service. Babynurse agrees to use her personal cell phone for any international calls.
Use of Employer's property/home:
Babynurse shall show respect for the building and furnishings that constitute Employer's household at all times and treat them with care and courtesy.
The following checked areas are considered "common areas" which will be open for use
by Babynurse:
Master Bedroom _____ Master Bath _____ Living room _____
Family room _____Den _____ Office _____
Sitting room _____ Dining room _____ kitchen _____
Rec room _____ Guest room _____ Other _____
Common areas may be used by Babynurse as follows:
______at any time _____when not in use by Employer
______only when Employer is not at home
______other (specify) ______
Private areas:
Both Employer and Babynurse will respect the privacy of the other by knocking and awaiting invitation before entering any private areas. Employer has the right to enter Babynurse's quarters: however, reasonable advance notice will be given when entrance is required and shall be for emergency or maintenance purposes only.
Other Household Employees:
______the ______is usually at the house ______from _____ to _____ and
is responsible for .
______the ______is usually at the house ______from _____ to _____ and
is responsible for .
______the ______is usually at the house ______from _____ to _____ and
is responsible for .
______the ______is usually at the house ______from _____ to _____ and
is responsible for .
Problems or questions regarding other staff should be directed to __Employer__.
Nanny Cams:
The undisclosed use of nanny cams, hidden cameras, or other surveillance devices shall be a breach of trust and contract. If undisclosed use of such items occurs, Babynurse shall be entitled to leave the position immediately and Employer shall pay Babynurse severance pay for the number of days remaining in the contract and return travel expenses immediately upon demand. Additionally, Employer will pay for up to 3 days lodging, meals, and transportation as are reasonably needed to provide Babynurse housing and assistance while she makes relocation arrangements.
Emergency procedures:
The parents agree to provide a medical release form for the child so that Babynurse may seek emergency medical care in the absence of the parents. Babynurse will not start her employment until said items are provided. Babynurse will not seek emergency medical care for the baby without first (or simultaneously) using all reasonable efforts to contact the parents and to otherwise follow the emergency instructions of Employer.
Reference Letter:
Upon successful completion of the job Employer agrees to provide a letter of recommendation to Babynurse.
Jurisdiction:
The terms of this agreement will be construed according to the laws of the state of [].
BABYNURSE: ______
Date: ______/______/______
EMPLOYER: ______
Date: ______/______/______
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