Nanny Contract Template
NANNY EMPLOYMENT AGREEMENT
This Nanny Employment Agreement (the "Agreement") is made and entered into as of this [Day] day of [Month], [Year] (the "Effective Date"), by and between [Family Name], residing at [Address] (hereinafter referred to as the "Employer" or the "Family"), and [Nanny Name], residing at [Address] (hereinafter referred to as the "Nanny"). The Employer and the Nanny may be referred to herein individually as a "Party" and collectively as the "Parties."
WHEREAS, the Family is desirous of engaging a qualified individual to provide in-home childcare services for the minor child or children identified herein (the "Child" or "Children");
WHEREAS, the Nanny represents and warrants that she/he possesses the requisite experience, skill, training, physical and mental capacity, and temperament to perform the duties contemplated hereunder, and holds all certifications, licenses, work authorizations and clearances required to render such services lawfully;
WHEREAS, the Parties have engaged in good-faith negotiations and desire to set forth in writing the terms and conditions governing the Nanny's employment, including without limitation duties, compensation, working hours, standards of conduct, and the mutual rights and obligations of the Parties;
NOW, THEREFORE, in consideration of the mutual covenants, promises and undertakings hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties, intending to be legally bound, do hereby covenant and agree as follows.
Engagement and Scope of Employment
The Family hereby engages the Nanny, and the Nanny hereby accepts such engagement, to render in-home childcare services for the Child or Children identified as follows: [Child/Children Name(s) and Date(s) of Birth], upon the terms and subject to the conditions set forth in this Agreement.
The engagement hereunder shall be in the capacity of a household employee, and not as an independent contractor, agent, partner, or joint venturer of the Family. The Nanny acknowledges that the Family retains direction and control over the manner, means, and performance of her/his duties.
The Nanny shall render services principally at the Family's residence located at [Residence Address], and at such other locations as may be reasonably required in connection with the care of the Children, including without limitation schools, medical appointments, extracurricular activities, parks, playgrounds, and family travel destinations.
The Nanny represents and warrants that she/he is legally authorized to work in [Country], has disclosed any and all prior criminal, civil, or regulatory matters that could affect suitability for childcare employment, and shall promptly notify the Family of any change in such status during the term of employment.
The Nanny further represents and warrants that she/he has provided truthful and accurate information in connection with her/his application, references, and background check, and that any material misrepresentation shall constitute grounds for immediate termination for cause.
The Nanny shall devote her/his full working time, attention, energy and skill, during scheduled hours, exclusively to the performance of her/his duties hereunder and shall not, without the prior written consent of the Family, engage in any other employment, consultancy or business activity that would conflict with, interfere with, or impair the performance of her/his duties.
The Nanny acknowledges that the nature of the engagement requires a particular relationship of trust and confidence between the Parties, and that the Family's willingness to entrust the Nanny with the care of the Children constitutes material consideration for this Agreement.
Term of Employment
The term of employment hereunder shall commence on [Start Date] (the "Commencement Date") and shall continue until terminated by either Party in accordance with the provisions of this Agreement (the "Term").
The Parties expressly agree that no probationary period shall apply, and the Nanny shall from the Commencement Date be fully entitled to the rights and subject to the obligations set forth herein.
Notwithstanding the foregoing, the employment relationship shall at all times remain subject to the termination provisions set forth in this Agreement, and nothing herein shall be construed as creating a fixed-term engagement or guarantee of employment for any specific duration.
The Nanny acknowledges that the continued existence of the employment relationship is contingent upon ongoing satisfactory performance, compliance with the terms of this Agreement, the maintenance of a safe and harmonious household environment, and the continuing needs of the Family with respect to childcare.
Any extension, renewal, or material modification of the Term shall be effective only if reduced to writing and executed by both Parties.
In the event the Family's circumstances change such that the services of the Nanny are no longer required (including without limitation relocation, change in household composition, enrollment of the Children in full-time schooling, or redundancy of the position), the Family shall be entitled to terminate this Agreement upon the notice set forth herein, without further liability save for accrued compensation.
Compensation and Payment Terms
In consideration of the services to be rendered hereunder, the Family shall pay to the Nanny an hourly wage of [Currency] [Amount] per hour (the "Base Rate"), calculated and payable in arrears for all hours actually worked.
Wages shall be paid [weekly/bi-weekly/monthly] on [Payment Day], by [direct deposit / check / electronic transfer] to the account designated in writing by the Nanny, with such payments being made no later than [Number] days following the close of each pay period.
The Nanny shall be solely responsible for maintaining accurate records of all hours worked, which shall be submitted to the Family in such form and at such intervals as the Family may reasonably prescribe. The Family reserves the right to verify, adjust, and finally determine the compensable hours based upon its own records and reasonable business practices.
The Base Rate shall be inclusive of all ordinary services rendered under this Agreement, excepting only overtime, which shall be compensated in accordance with the provisions set forth herein below.
The Family may, in its sole and absolute discretion, award discretionary bonuses, gratuities, or merit-based increases to the Nanny; provided, however, that no such bonus or increase shall constitute a contractual entitlement, establish a precedent, or create any expectation of recurrence.
The Nanny acknowledges that the Base Rate has been established as fair and adequate consideration for the services contemplated hereunder, taking into account the provision of live-in accommodation and household facilities as described herein.
The Family shall withhold from each payment of wages all income taxes, social contributions, insurance premiums and other statutory deductions required by applicable law, as set forth more fully herein below.
Any claim by the Nanny with respect to any error or discrepancy in payment shall be submitted in writing to the Family within [Number] days of the pay date in question, failing which such payment shall be deemed accepted and final.
Duties and Responsibilities of the Nanny
The Nanny shall provide attentive, nurturing, developmentally appropriate and age-suitable care for the Children at all times during scheduled working hours, placing the health, safety, welfare and wellbeing of the Children as the paramount priority at all times.
The duties of the Nanny shall include, without limitation: preparation of nutritious meals and snacks for the Children; assistance with bathing, dressing, toileting and personal hygiene; supervision of play, learning and recreational activities; transportation to and from school, appointments, and extracurricular activities; assistance with homework and educational enrichment; implementation of nap and bedtime routines; and such other childcare-related tasks as may reasonably be assigned by the Family.
The Nanny shall perform light housekeeping tasks directly related to the care of the Children, including without limitation laundering of the Children's clothing and linens, cleaning of the Children's rooms and play areas, tidying of common areas used by the Children, washing of dishes used by the Children, and maintenance of childcare equipment and supplies.
The Nanny shall follow all specific instructions, preferences, routines, dietary requirements, religious observances, educational philosophies, and disciplinary approaches established by the Family with respect to the Children, and shall not deviate from the same without express prior authorization from the Family.
The Nanny shall maintain regular, open and candid communication with the Family regarding the Children's activities, mood, behavior, nutrition, sleep, developmental milestones, and any incidents, concerns, or observations warranting parental attention, and shall provide written or verbal reports at such intervals as the Family may request.
The Nanny shall not, under any circumstances, administer corporal punishment, verbal abuse, isolation as discipline, or any form of harsh or demeaning treatment to the Children, and shall employ only such disciplinary methods as have been expressly approved by the Family.
The Nanny shall not permit any third party to be present with the Children, nor permit the Children to leave the premises or engage in any unapproved activity, without the express prior consent of the Family.
The Nanny shall remain alert, sober, free from the influence of alcohol, non-prescribed drugs, or any substance impairing judgment, and fully attentive to the Children at all times during working hours, and shall not engage in personal activities (including personal telephone calls, social media, personal visitors, or other distractions) to any extent that would impair the quality of care rendered.
Working Hours and Schedule
The regular working schedule of the Nanny shall be as follows: [Days of Week], from [Start Time] to [End Time], aggregating approximately [Number] hours per week (the "Regular Schedule").
The Family reserves the right to modify the Regular Schedule from time to time upon reasonable prior notice to the Nanny, having regard to the operational needs of the household, the changing requirements of the Children, and the Family's professional and personal obligations.
The Nanny shall be entitled to such meal and rest breaks during each working day as are required by applicable law, which breaks shall be scheduled so as not to compromise the supervision and safety of the Children.
The Nanny shall arrive promptly at the scheduled commencement of each shift, in appropriate attire, and prepared to assume her/his duties immediately. Chronic or unexcused tardiness shall constitute grounds for disciplinary action up to and including termination.
The Nanny acknowledges that, as a live-in household employee, periods during which she/he is present within the residence but not actively engaged in the care of the Children shall not constitute compensable working time, unless she/he is specifically required to be on-call or available for duty.
In the event the Nanny is required by the Family to be available on-call for specified periods outside the Regular Schedule, such on-call periods shall be compensated at [Currency] [Amount] per hour or such other rate as the Parties may agree in writing.
The Nanny shall notify the Family as soon as reasonably practicable, and in any event not less than [Number] hours in advance where circumstances permit, of any anticipated inability to report for scheduled duty, and shall cooperate with the Family in securing appropriate substitute care.
House Rules and Standards of Conduct
The Nanny shall at all times conduct herself/himself in a manner consistent with the dignity, values, cultural practices, and reputation of the Family, both within and outside the residence, and shall refrain from any conduct that may bring the Family into disrepute or compromise the welfare of the Children.
The Nanny shall observe and comply with all house rules established by the Family from time to time, including without limitation rules concerning: smoking (which shall not be permitted on the premises); consumption of alcohol (which shall not be permitted during working hours); use of personal electronic devices; reception of personal visitors; access to specified areas of the residence; dress and grooming standards; and household security protocols.
The Nanny shall treat all members of the household, including family members, extended family, guests, and other service providers, with courtesy, respect, and professionalism at all times, and shall not engage in gossip, discord, or inappropriate familiarity.
The Nanny shall not use any form of profanity, inappropriate language, or expose the Children to any content (whether in media, conversation, or otherwise) that is not age-appropriate or that has not been approved by the Family.
The Nanny shall maintain high standards of personal hygiene, cleanliness, and health, and shall not report for duty while suffering from any communicable illness that could pose a risk to the Children or household.
The Nanny shall not operate any personal business, provide services to third parties, solicit the Family's contacts, or engage in any form of commercial activity from the residence or during working hours.
The Nanny shall promptly report to the Family any accident, breakage, loss, damage, or incident occurring within the household or during the performance of duties, and shall not attempt to conceal or minimize any such matter.
The Nanny acknowledges that the Family may, from time to time, issue supplementary written or verbal directives regarding household standards, and the Nanny agrees to comply with the same as if set forth fully herein.
Live-In Accommodation and Household Facilities
The Family shall provide to the Nanny, at no charge to the Nanny, a private furnished bedroom located at the Family's residence, together with reasonable access to shared bathroom facilities, kitchen, laundry and common areas, for the duration of the employment Term.
The accommodation provided is for the sole and exclusive use of the Nanny in connection with the employment hereunder, and shall not be assigned, sublet, shared, or occupied by any other person, nor used for any purpose other than residential occupation incidental to employment.
The Nanny shall maintain the accommodation and all household facilities to which she/he has access in a clean, orderly, and hygienic condition, and shall take due care to prevent damage to furnishings, fixtures, and equipment.
The Family shall provide reasonable meals during working hours, together with such basic food provisions as are customary for a household employee in residence; provided, however, that the Nanny shall respect dietary and household budgetary limitations and shall not consume items designated as reserved or stored for specific household purposes.
The Nanny shall not host overnight guests, hold gatherings, or permit any third party to enter the residence at any time, without the express prior written consent of the Family.
The Nanny acknowledges that the accommodation is provided solely as a condition and incident of employment, that she/he shall acquire no tenancy or possessory right therein, and that upon termination of employment for any reason she/he shall vacate the accommodation and remove all personal belongings within [Number] days thereof, or such shorter period as the circumstances of termination may reasonably require.
The Nanny shall observe all security, safety, and privacy protocols applicable to the residence, including without limitation the proper use of keys, alarm codes, access controls, and shall promptly report any lost keys, security breaches, or suspicious activities to the Family.
The Family reserves the right to enter and inspect the accommodation at reasonable times, upon reasonable notice (save in cases of emergency), for purposes of inspection, maintenance, or ensuring compliance with this Agreement.
Health, Safety and Child Welfare
The Nanny shall at all times exercise the highest degree of care, prudence, vigilance, and foresight with respect to the health, safety, and welfare of the Children, and shall maintain constant and uninterrupted supervision while on duty.
The Nanny shall maintain current certification in pediatric first aid and cardiopulmonary resuscitation (CPR), and shall promptly renew the same at her/his own expense or, at the Family's election, at the Family's expense, as directed by the Family.
The Nanny shall childproof and maintain the environment in which the Children are present, promptly identify and remove hazards, secure household chemicals and medications, supervise access to pools, stairs, kitchens, and other areas of elevated risk, and shall at no time leave the Children unattended in circumstances posing any risk of harm.
In the event of accident, injury, illness, or any medical emergency involving the Children, the Nanny shall promptly: (i) render such first aid as is appropriate; (ii) contact emergency services where warranted; (iii) notify the Family or designated emergency contact without delay; and (iv) prepare a written incident report for the Family's records.
The Nanny shall administer prescribed medications to the Children only in accordance with written instructions provided by the Family, and shall maintain a log of all medications administered, including dosage, time, and any observed effects.
The Nanny shall not transport the Children in any vehicle other than one approved by the Family, shall at all times utilize appropriate child restraints and safety equipment, shall observe all traffic laws, and shall never operate a vehicle while under the influence of any impairing substance or in a state of fatigue.
The Nanny shall immediately report to the Family any suspected abuse, neglect, bullying, or other threat to the Children arising from any source whatsoever, and shall cooperate fully in any investigation or protective measures undertaken.
The Nanny shall maintain her/his own good health, undergo such medical examinations as the Family may reasonably require (at the Family's expense), and shall not report for duty if suffering from any condition that could endanger the Children.
Overtime and Additional Hours
The Family may, from time to time and in its sole discretion, require the Nanny to work hours in excess of the Regular Schedule (such additional hours being "Overtime").
Overtime shall be compensated at the rate of [Rate, e.g., one and one-half times] the Base Rate for each hour worked in excess of [Number] hours per week, or such other threshold as may be mandated by applicable law, whichever provides the greater benefit to the Nanny.
All Overtime must be expressly authorized in advance by the Family, and the Nanny shall not accrue or claim any entitlement to Overtime compensation for hours worked without such prior authorization, save where such authorization may be reasonably implied by the exigencies of childcare.
The Nanny shall use reasonable efforts to accommodate requests for additional hours, having regard to the needs of the Family; provided, however, that the Nanny shall not be obligated to work hours beyond the limits permitted by applicable law.
Where the Nanny is required to accompany the Family on travel, vacation, or extended outings, the compensation arrangements for such periods shall be mutually agreed in writing in advance, taking into account working hours, rest periods, and incidental expenses, which latter shall be borne by the Family.
Occasional and incidental extensions of the working day of less than [Number] minutes shall not be compensated as Overtime, but shall be treated as de minimis variations in the Regular Schedule.
The Nanny shall maintain accurate contemporaneous records of all Overtime worked and submit the same for approval in accordance with the compensation procedures set forth herein.
Time Off, Holidays and Sick Leave
The Nanny shall be entitled to [Number] days of paid vacation leave per annum, to be scheduled by mutual agreement between the Parties and taken at times that do not unreasonably disrupt the Family's childcare needs.
The Family shall designate the public holidays to be observed, and the Nanny shall be entitled to [Number] paid public holidays per annum; provided, however, that where the Nanny is required to work on a designated holiday, she/he shall be compensated at [Rate] or granted equivalent time off in lieu, at the Family's election.
The Nanny shall be entitled to [Number] days of paid sick leave per annum, which shall be used solely for bona fide personal illness or medical appointments that cannot reasonably be scheduled outside working hours.
The Nanny shall notify the Family of any intended absence due to illness as soon as reasonably practicable, and shall provide a medical certificate for any absence exceeding [Number] consecutive days or where otherwise reasonably required by the Family.
Accrued but unused vacation leave shall [carry over / be forfeited] at the end of each employment year, and upon termination of employment shall be [paid out at the Base Rate / forfeited] in accordance with applicable law.
Requests for vacation leave shall be submitted in writing not less than [Number] weeks in advance of the proposed dates, and shall be subject to the Family's approval, which approval shall not be unreasonably withheld.
Unpaid personal leave may be granted at the sole discretion of the Family upon such terms as the Parties may agree.
The Nanny shall be entitled to such additional statutory leave (including maternity, paternity, parental, bereavement, or jury duty leave) as may be required by applicable law in [Country].
Confidentiality and Privacy
The Nanny acknowledges that in the course of employment she/he shall have access to highly sensitive and confidential information concerning the Family, including without limitation personal, financial, medical, educational, and relational matters of the Children and other household members, security arrangements, daily routines, residential layout, business affairs, and the identities and visits of guests (collectively, "Confidential Information").
The Nanny shall hold all Confidential Information in strictest confidence and shall not, during the Term or at any time thereafter, disclose, publish, discuss, or otherwise communicate any Confidential Information to any third party, nor use the same for any purpose other than the performance of her/his duties hereunder.
The Nanny shall not post, publish, share, or disseminate on any social media platform, blog, website, messaging application, or other medium any photographs, videos, descriptions, or references concerning the Family, the Children, the residence, or any aspect of the employment, nor shall she/he grant any interview or make any public statement regarding the Family at any time.
The Nanny shall not take, retain, or copy any photographs, documents, recordings, or other materials relating to the Family or the Children, except as expressly authorized by the Family in writing, and shall surrender all such materials upon termination of employment.
The Nanny shall not accept gifts, gratuities, favors, or inducements from any third party in connection with information or access concerning the Family, and shall promptly report any such approach to the Family.
The Nanny acknowledges that the obligations of confidentiality set forth herein shall survive the termination of this Agreement indefinitely, and that breach thereof shall cause irreparable harm to the Family entitling the Family to seek injunctive relief in addition to all other available remedies, including damages and recovery of legal costs.
The Nanny shall promptly notify the Family of any inadvertent disclosure, loss of control, or compelled production of Confidential Information, and shall cooperate fully with the Family in mitigating the effects thereof.
Use of Household Property and Vehicles
The Family may, in its discretion, provide the Nanny with access to and use of household property, including kitchen appliances, electronic devices, and such other equipment as is necessary for the performance of the Nanny's duties.
The Nanny shall use all household property solely for the performance of her/his duties under this Agreement and the ordinary and reasonable incidents of residence in the household, and shall exercise reasonable care in the use thereof.
Where the Nanny is authorized to operate a vehicle owned or provided by the Family, such operation shall be solely in connection with the duties hereunder, including transportation of the Children, and shall not extend to personal use except as expressly authorized in writing.
The Nanny represents that she/he holds a valid driver's license and a clean driving record, and shall promptly disclose any traffic violations, license suspensions, or accidents to the Family. The Nanny shall observe all traffic laws, maintain proper child restraints, and shall not use mobile devices while driving save in a hands-free manner permitted by law.
The Nanny shall be responsible for any damage to Family property or vehicles caused by her/his gross negligence, willful misconduct, or unauthorized use, and the Family may deduct the cost of such damage from compensation to the extent permitted by applicable law.
The Nanny shall not permit any unauthorized third party to use household property or vehicles, nor to be present therein or thereon.
Any expenses incurred by the Nanny in the authorized use of vehicles or in the course of duties (including fuel, tolls, parking, and reasonable incidental expenses) shall be reimbursed by the Family upon submission of appropriate documentation within [Number] days of incurrence.
Upon termination of employment, the Nanny shall immediately return all household property, keys, access devices, and documents in her/his possession or control.
Insurance, Taxes and Statutory Deductions
The Family shall withhold from the Nanny's wages all income taxes, social security contributions, unemployment insurance contributions, and other statutory deductions required under the laws of [Country], and shall remit the same to the appropriate authorities in accordance with applicable law.
The Family shall provide the Nanny with such wage statements, tax forms, and year-end summaries as are required by applicable law to enable the Nanny to comply with her/his personal tax obligations.
The Nanny shall be solely responsible for the filing of her/his personal tax returns, the payment of any taxes not withheld at source, and compliance with all personal fiscal obligations under applicable law.
The Family shall obtain and maintain such workers' compensation, employer's liability, and other insurance coverage as is required by applicable law in [Country] with respect to household employees, and the Nanny shall cooperate fully in all matters relating to the administration of such coverage.
The Nanny shall be responsible for maintaining her/his own personal health insurance and such other personal insurance coverage as she/he deems appropriate, except to the extent that any such coverage is required by applicable law to be provided by the Family.
The Nanny shall promptly report to the Family any work-related injury, illness, or incident that may give rise to an insurance claim, and shall cooperate with the Family and any insurer in the investigation and processing of any such claim.
Nothing herein shall be construed as entitling the Nanny to any employee benefits of the Family or of any entity with which the Family may be affiliated, other than those expressly set forth in this Agreement or required by applicable law.
Termination of Employment
Either Party may terminate this Agreement, without cause, by providing the other Party with not less than two (2) weeks' prior written notice of termination.
Notwithstanding the foregoing, the Family may terminate this Agreement immediately and without notice or payment in lieu thereof, for cause, upon the occurrence of any of the following events: (i) any act or omission by the Nanny that endangers the health, safety, or welfare of the Children; (ii) material breach of this Agreement; (iii) dishonesty, theft, fraud, or misappropriation of Family property; (iv) material misrepresentation in the application for employment or background disclosures; (v) conviction of, or admission to, any criminal offense; (vi) use of alcohol or drugs in a manner impairing the performance of duties; (vii) abuse, mistreatment, or neglect of the Children; (viii) gross insubordination; (ix) breach of confidentiality obligations; or (x) any other conduct constituting cause for immediate termination under applicable law.
The Family may, in its sole discretion, elect to pay the Nanny wages in lieu of all or any part of the required notice period, in which case the employment shall terminate immediately upon such payment.
Upon termination of this Agreement for any reason, the Nanny shall be entitled to receive: (i) all earned but unpaid wages through the date of termination; (ii) any accrued but unused leave entitlements as provided herein and required by applicable law; and (iii) any statutory entitlements required by applicable law. The Nanny shall not be entitled to any further compensation, severance, or benefits save as expressly provided herein or as required by applicable law.
The Nanny may terminate this Agreement at any time by providing the Family with not less than two (2) weeks' prior written notice; provided, however, that in the event the Nanny fails to provide such notice or fails to work out the full notice period, the Family may, to the extent permitted by applicable law, withhold compensation in respect of the unworked portion.
This Agreement shall terminate automatically upon: (i) the death of the Nanny; (ii) the permanent incapacity of the Nanny to perform the essential functions of the position; or (iii) such other circumstances as render performance impossible or unlawful.
Upon termination for any reason, the Nanny shall promptly: (i) vacate the accommodation and remove all personal belongings within the period specified herein; (ii) return all Family property, keys, access devices, confidential materials, and documents; (iii) provide a complete and orderly handover of information concerning the Children's routines, schedules, and current matters; and (iv) cooperate with the transition to any successor caregiver.
Post-Termination Obligations
The Nanny acknowledges that the obligations of confidentiality set forth in this Agreement shall survive the termination of employment indefinitely, regardless of the manner or cause of such termination.
For a period of [Number] months following the termination of employment for any reason, the Nanny shall not, directly or indirectly, solicit or accept employment with any individual or family introduced to the Nanny through the Family or through the course of employment hereunder, without the prior written consent of the Family.
The Nanny shall not, at any time after termination, make any disparaging, defamatory, or negative statement, whether oral or written, public or private, concerning the Family, the Children, any member of the household, or any aspect of the employment or termination thereof.
The Nanny shall not, at any time after termination, contact, communicate with, or attempt to establish or maintain a personal relationship with the Children, except with the express prior written consent of the Family or as compelled by legal process.
Upon termination, the Nanny shall promptly return to the Family all property, documents, materials, electronic data, keys, and other items belonging to the Family, and shall permanently delete all Family-related information from any personal device, account, or storage medium under her/his control.
The Nanny shall make herself/himself reasonably available following termination to answer questions, provide information, and assist in the orderly transition of care, for which services the Family shall provide reasonable compensation.
The Nanny acknowledges that the post-termination obligations set forth herein are reasonable, necessary to protect the legitimate interests of the Family and the welfare of the Children, and shall be enforceable to the maximum extent permitted by applicable law; and that any breach thereof shall entitle the Family to seek injunctive relief, damages, and recovery of legal costs.
Governing Law and Dispute Resolution
This Agreement shall be governed by, and construed and enforced in accordance with, the laws of [Country/State/Jurisdiction], without regard to its conflict of laws principles.
The Parties agree to attempt in good faith to resolve any dispute, controversy, or claim arising out of or relating to this Agreement, or the breach, termination, or validity thereof, through direct negotiation between the Parties, within a period of [Number] days from the date on which written notice of such dispute is given by one Party to the other.
In the event that any dispute cannot be resolved through negotiation, the Parties shall endeavor to resolve the same through mediation administered by a mediator mutually acceptable to the Parties, with the costs of mediation to be borne equally by the Parties.
Any dispute not resolved through negotiation or mediation shall be submitted to the exclusive jurisdiction of the courts of [Jurisdiction], and each Party hereby irrevocably submits to the personal jurisdiction of such courts and waives any objection to the venue thereof.
Notwithstanding the foregoing, the Family shall at all times retain the right to seek immediate injunctive, equitable, or other urgent relief from any court of competent jurisdiction in respect of any breach or threatened breach of the confidentiality, post-termination, child safety, or property-related obligations set forth herein.
In any action or proceeding arising out of or relating to this Agreement, the prevailing Party shall be entitled to recover its reasonable attorneys' fees, costs, and expenses from the non-prevailing Party, to the extent permitted by applicable law.
Each Party irrevocably waives, to the fullest extent permitted by applicable law, any right to trial by jury in any proceeding arising out of or relating to this Agreement.
Miscellaneous Provisions
This Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof, and supersedes all prior and contemporaneous agreements, representations, understandings, and communications, whether oral or written, between the Parties relating thereto.
No amendment, modification, waiver, or supplement to this Agreement shall be valid or binding unless reduced to writing and executed by both Parties.
No waiver by any Party of any breach of this Agreement shall be deemed a waiver of any prior or subsequent breach, nor shall any delay or failure to enforce any right hereunder constitute a waiver thereof.
If any provision of this Agreement is held to be invalid, illegal, or unenforceable by any court or tribunal of competent jurisdiction, the remaining provisions shall continue in full force and effect, and the invalid provision shall be deemed modified to the minimum extent necessary to render the same enforceable while preserving the Parties' original intent.
The Nanny shall not assign, delegate, subcontract, or otherwise transfer any of her/his rights or obligations under this Agreement, this engagement being of a personal nature. The Family may assign this Agreement to any member of the Family or household as circumstances may require.
All notices, requests, consents, and other communications required or permitted hereunder shall be in writing and shall be delivered personally, by registered mail, by courier, or by electronic mail with confirmation of receipt, to the Parties at the addresses set forth in this Agreement or at such other addresses as the Parties may designate in writing.
The headings used in this Agreement are for convenience of reference only and shall not affect the construction or interpretation of any provision hereof. Words importing the singular include the plural and vice versa, and words importing any gender include all genders.
The provisions of this Agreement that by their nature are intended to survive termination (including without limitation confidentiality, post-termination obligations, dispute resolution, and governing law) shall so survive.
This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. Signatures transmitted by electronic means shall be deemed original signatures for all purposes.
IN WITNESS WHEREOF, the Parties hereto have executed this Nanny Employment Agreement as of the Effective Date first above written.
THE FAMILY (EMPLOYER):
Signature: ______________________________
Printed Name: [Family Representative Name]
Address: [Address]
Telephone: [Telephone]
Email: [Email]
Date: [Date]
THE NANNY (EMPLOYEE):
Signature: ______________________________
Printed Name: [Nanny Name]
Address: [Address]
Telephone: [Telephone]
Email: [Email]
Date: [Date]
WITNESS (if required):
Signature: ______________________________
Printed Name: [Witness Name]
Address: [Address]
Date: [Date]