Terms of Service - Domestic Referral Agreement
Contract number: Date: ____________________
Marching Maids Cleaning Referral Agency LLC
5021 Verdugo Way Suite 105-184
Camarillo, CA 93012
(805)285-5323
DOMESTIC REFERRAL AGREEMENT
This Domestic Referral Agreement is made in Ventura County, California, by and between Marching Maids Cleaning Referral Agency (herein referred to as “Agency”), and _____________________ (herein referred to as “Domestic Worker”).
RECITALS
Agency is an Employment Agency/Domestic Referral Agency, operating in a manner consistent with the California Civil Code “Employment Agency, Employment Counseling and Job Listing Services Act”. Agency performs administrative duties to obtain private clients seeking domestic services. As a domestic referral agency, Agency recruits and registers qualified professional independent domestic service providers for referral placement with clients seeking domestic services.
Domestic Worker is a Professional Independent Domestic Service Providerseeking referrals for domestic work and as such wishes to contract with the Agency to obtain referrals to clients seeking domestic services.
Agency and Domestic Worker expressly and specifically intend, agree and acknowledge that the relationship established by this contract is that of an Employment Agency/Domestic Referral Agency on the part of the Agency, and that of Professional Independent Domestic Service Provider on the part of Domestic Worker. This Agreement does not create or represent a relationship of employer and employee between the Agency and the Domestic Worker. Agency Is Not The Employer Of Any Domestic Worker It Refers For Domestic Service Placements with Clients.
THE FOLLOWING IS AGREED UPON AND BETWEEN AGENCY AND DOMESTIC WORKER:
1. Background Screening: Agency may require Domestic Worker to undergo a background screening prior to making referral placements for Domestic Worker or any time thereafter.
2. Services Provided & Records: Agency will assist the Domestic Worker in finding domestic service jobs by soliciting for clients seeking to obtain domestic services. Agency will inform Domestic Worker about the services to be provided and the conditions of work specified by the client seeking to obtain domestic services. Agency will make available to Domestic Worker a client job order record of referral placement information about each client referred by Agency. This record will include: the client’s name, address and date of order. Agency will maintain records of client job orders for a reasonable period of time. Each client job order record will be considered an attachment to this Agreement.
3. Work Schedule & Conditions: Domestic Worker has the freedom to determine, and provide to Agency prior to referral placement, his or her own job schedule of available days, hours, type of domestic service work desired and acceptable client locations, along with any other conditions or factors important to Domestic Worker. Domestic Worker may accept or reject any referral offers made by Agency. Domestic Worker agrees to give timely notice to Agency of any changes in availability, client locations or type of work desired.
4. Materials, Equipment, Tools & Supplies: All materials, equipment, tools and supplies to be consumed and used in the performance of services by Domestic Worker shall be provided by Domestic Worker and/or the client and are not provided by Agency. Domestic Worker is free to renegotiate with the client any changes to the client job order regarding whose material, equipment, tools or supplies are to be consumed and used by Domestic Worker. Agency will not offer assistance, advice, or provide any materials, equipment, tools or supplies for use in performing domestic services for clients.
5. Control of Work: Domestic Worker represents that she/he has the qualifications, ability and experience to perform all services to be rendered to clients without the advice, control or supervision of Agency. Domestic Worker is solely responsible for satisfactory performance of services to be rendered to clients and shall receive no assistance, direction or control from Agency. Domestic Worker shall have sole discretion and control of the work and the manner and means in which it is performed. Agency provides no training, evaluation or advice of any type to Domestic Worker regarding performance of domestic services to clients.
6.Nonexclusive Relationship: Domestic Worker is free to sign an agreement with other agencies and to seek and perform domestic work for firms or persons not referred by Agency.
7. Contractual Obligation:Once Domestic Worker agrees to accept a job referral from Agency, Domestic Worker is obligated to render services as agreed upon or risk liability for failure to perform contracted services. Agency requests that Domestic Worker give reasonable notice to the Agency if Domestic Worker is unable to perform the work accepted.
8. Referral Jobs: Domestic Worker acknowledges full responsibility for client satisfaction with regard to Domestic Worker’s performance on all jobs referred by Agency. In the event that the client complains about the quality of the services rendered, breakage, theft, or any other problem occurring in or on the premises where Domestic Worker rendered service, it is the sole responsibility of Domestic Worker to resolve the matter directly with the client. If any such complaints are received by Agency, Agency will promptly inform Domestic Worker in order for Domestic Worker to be able to resolve the matter with the client. Agency is not liable and Domestic Worker agrees to indemnify Agency from and against any claims, losses, costs, fees, liabilities, damages or injuries that arise as a result of Domestic Worker’s performance.
9. Fees: The fee charged by Agency for its services shall be reasonable, negotiable, and based on a fixed percentage of the job cost. Each client pays a fee that includes both Agency’s referral fee and Domestic Worker’s job fee. Agency’s fee may not exceed Domestic Worker’s gross earnings for a particular job. Domestic Worker’s fee is based on a fixed percentage of the total client job cost.
Domestic Worker is free to renegotiate with the client the amount proposed to be paid for the domestic work.
Domestic Worker is not obligated to pay Agency’s referral fee and Agency is not obligated to pay Domestic Worker’s fee if the client for whom the services are performed fails or refuses to pay for the domestic work.
Client payments are deposited into Agency’s Trust Account until payment is made to the Domestic Worker, as required by law.
Agency and Domestic Worker agree to settle accounts on a weekly basis, unless otherwise mutually agreed.
10. Schedule of Fees: Agency’s current schedule of fees, including its effective date, will be provided to the Domestic Worker and posted in a conspicuous place at Agency’s business premises. The schedule includes the type of domestic services offered, client fees and job fee percentages earned by Domestic Worker. The job fee is determined on the basis of how much time and work is required at a particular job, based on the Schedule of Fees, and may vary depending on the hours and pay Domestic Worker negotiates with the client.
11. Business Expenses & Financial Risk: Domestic Worker acknowledges the following:
Responsibility for any business expenses incurred in connection with the performance of his or her services, including but not limited to all costs for the purchase and maintenance of materials, supplies, equipment, tools, training, communication devices and transportation.
The possible financial risk due to the client’s non-payment for services provided. Domestic Worker’s management skills and performance of domestic services are factors associated with financial success and are not controlled by Agency.
12. License and/or Permits: It shall be the sole responsibility of Domestic Worker to make application for and pay fees for any business licenses and/or permits, where required by state or local law, ordinance or regulation. Agency shall not be liable and Domestic Worker agrees to indemnify Agency from and against any claims, losses, costs, fees, liabilities, damages or injuries arising out of Domestic Worker’s failure to obtain any such license or permits.
No Employee Benefits:Because Domestic Worker is not an employee of Agency:
Agency does not provide Domestic Worker with any employee benefits, such as reimbursement of business expenses, vacation pay, or health insurance.
Agency does not provide Unemployment Insurance, State Disability Insurance, Social Security and Workers Compensation Benefits.
(Initials of Domestic Worker)
14. Taxes:Because Agency is not the employer of Domestic Worker, Agency will not withhold income and/or pay Federal and State employment taxes, disability insurance or social security taxes. Domestic Worker, if self-employed is responsible to pay, when and as due at Domestic Worker’s expense and in Domestic Worker’s name, any and all taxes incurred as a result of Domestic Worker’s compensation including self-employment, state and federal taxes. As required by law, if Domestic Worker’s yearly earnings are $600.00 or greater, Agency will report Domestic Worker’s earnings on Federal Form Misc. 1099. Agency is not liable and Domestic Worker agrees to indemnify Agency from and against any claims, losses, costs, fees, liabilities or damages arising out of Domestic Worker’s failure to pay any taxes when due.
(Initials of Domestic Worker)
15. Trade Secret & Proprietary Information: Domestic Worker understands and acknowledges that the list of clients that use Domestic Workers referred by Agency is a legally protected trade secret, compiled through substantial efforts and expense of Agency, and has economic value to Agency. Domestic Worker agrees to keep this information in strict confidence, and hereby agrees not to use any such trade secret information to solicit any of Agency’s clients for her or himself or any other person, firm or agency during Domestic Worker’s association with Agency or thereafter. Should Domestic Worker wish to maintain a private working relationship with Agency’s client while still registered with Agency, Domestic Worker agrees to pay the sum of $1000 for each client. The client may also pay this sum. Nothing in this provision limits Domestic Worker’s ability to contract with clients or other agencies to provide services, other than the clients referred to Domestic Worker by Agency.
(Initials of Domestic Worker)
16. Termination: The relationship between Domestic Worker and a client may only be terminated by one of those parties, and not by Agency. However, Agency may decline to make additional referrals to Domestic Worker, and Domestic Worker may decline to accept any client referrals from Agency. Agency may terminate this Agreement if Domestic Worker materially breaches any provision of this Agreement. As provided under the California Civil Code, this Agreement shall be considered a continuing contract for subsequent referral placements, subject to termination by written notice by either the Domestic Worker or Agency.
17. Right to Refund: If you pay all or any portion of a fee and fail to accept employment, the employment agency shall, upon your request, return the amount paid to you within 48 hours after your request for a refund. If you leave employment for just cause or are discharged for reasons other than misconduct connected with your work within 90 days from the starting date of employment, the agency shall reduce your fee to that payable for temporary employment and shall refund any excess paid within 10 days of your request for a refund. No fee larger than that for temporary employment may be charged to you for employment lasting 90 days or less unless the agency’s fee schedules, contracts, and agreements provide for a further charge if you leave employment without just cause or are discharged for misconduct in connection with your work.
If any refund due is not made within the time limits set forth above, the employment agency shall pay you an additional sum equal to the amount of the refund.
18. Indemnification: Domestic Worker agrees to indemnify, defend and hold Agency harmless from and against any and all claims, demands, losses, costs, expenses, obligations, fees and costs that Agency may incur or suffer as a result of, or in relation to, any breach of this Agreement, or failure to perform by the Domestic Worker.
19. Severability, Integration and Choice of Law: If any part of this Agreement is held by a court or arbiter of proper jurisdiction to be void or unenforceable, the remaining provisions will not be affected, and will continue in force. This is the complete Agreement between Agency and Domestic Worker. Any change to this Agreement must be in writing and signed by both parties. This agreement shall be interpreted according to California law.
I, the Domestic Worker, have read and understand the terms of this Agreement, and knowingly and voluntarily agree to be fully bound by all of its terms, provisions and conditions.