CLIENT AGREEMENT

This document was prepared by COUNCIL.

PARTIES

(1)  MEGAN WARREN (trading as ‘Little Merles’) of 10 Blackthorne Close, Bordon, Hampshire, GU35 0TT (“MW”, “her”).

(2) [CLIENT] of [ADDRESS] (“you”, “your”, “Client”).

together the “parties” and each a “party”.

TERMS

1. Relationship

1.1 MW shall provide her Services (as defined below) from time to time in accordance with a Booking (as defined below), which shall always be governed by the terms of this agreement. The terms of this agreement shall apply to each Booking.

1.2 MW will be an independent contractor and nothing in this agreement shall render her an employee.

1.3 This agreement does not prevent MW from working with any other party.

2. Services and Booking

2.1 MW shall provide babysitting and nannying services from time to time, defined as follows:

a) “Babysitting” means ad hoc childcare services, including but not limited to the supervision and care of a child, typically when parents are engaged in other activities;

b) “Nannying” means continuous childcare services on regular dates and times and participating in various activities to look after the relevant children, including but not limited to toddler groups, planning outings, preparing meals, facilitating school runs, and other related responsibilities; and

c) “Services” means Babysitting and Nannying provided from time to time, as applicable.

2.2 As and when you want to book MW for Services, you shall contact MW via mobile or social media, providing details of the particular job required, including but not limited to whether the job is (i) Babysitting or Nannying, (ii) the location, (iii) the dates and times (including if continuous), (iv) information about the relevant children and any other family member, friend or other worker that MW should be aware of, and (v) any other important information regarding the job (“Request”).

2.3 Upon receiving and considering a Request, MW shall respond to you with her fee (“Fee”) for carrying out the relevant Services, which shall constitute an offer (“Offer”).

2.4 Unless otherwise stated by MW in her Offer, the Offer will remain open for you to accept for 24 hours from the time it was sent by MW (as determined by MW’s device) or up to 2 hours before the job is due to start, whichever is earlier (“Deadline”). If you wish to accept the Offer after the Deadline, it will be at MW’s discretion as to whether she extends the Deadline and provides the Offer on the same terms or changes them. If the Offer is accepted by you before the Deadline (or as it may be extended), that shall constitute a “Booking”, which shall apply the details set out in the Request and the terms of this agreement.

2.5 If the time required for a Booking extends, MW’s Fee shall increase at a pro rata rate. If any other details of the Booking change, MW may choose to increase her Fee. An increase to the Fee of no more than 10% shall be deemed automatically accepted by you. If the Fee increases by more than 10%, MW shall inform you and you shall promptly accept or reject such increase. If you reject such increase, MW may choose to no longer provide the Services under the Booking.

2.6 MW is not obliged to make an Offer to a Request and is under no obligation to work for you if an Offer is not accepted. MW provides no guarantee that she will be available at any time to make an Offer for work in response to a Request.

2.7 Unless otherwise agreed, MW shall not be obliged to provide any goods or services or do any other thing beyond those what is set out in the Booking Request.

3. Health, Sickness and Holiday

3.1 It is essential that you provide all health information about you, your children and any other relevant person in your Request ahead of a Booking, including but not limited to any and all allergies, medication and disabilities. In advance of the start of the Booking, you must clearly inform MW over what she must do in the case of a health emergency and complete a health care plan supplied by MW .

3.2 If you, your children or any other relevant person has an infectious illness, however severe, you must promptly inform MW. It will be at MW’s discretion as to whether she cancels the Booking to avoid such illness, and if she does, she shall not be liable for any loss you suffer as a result. Such cancellation shall apply the cancellation charges set out under clause 8.1 and 8.2, as applicable.

3.3 If you, your children or any other relevant person go/goes on holiday during a Booking, you shall continue to be liable to pay the relevant Fee to MW. If MW goes on holiday during a Booking, the Fee or part thereof relating to the time on Holiday shall be waived.

3.4 MW shall not work during bank holidays, but may do so for an increase in Fee, to be separately agreed between the parties.

4. Payment and Expenses

4.1 MW shall send you an invoice for the Fee, plus any applicable sales tax, from time to time, whether or not the work relating to the Booking has completed. Invoices shall include all expenses to be reimbursed by you to MW. Invoices will be sent to the number or email address set out under clause 5.1(b).

4.2 You shall pay each invoice within 7 days of receiving it. Any foreign exchange, bank transfer fees or other charges shall be borne by you, and you shall reimburse MW should she incur any such charge. If payment is late, you shall pay interest on those sums that are overdue from the date when due to the date of actual payment at the rate of eight percent (8%) per annum over the base rate of the Bank of England from time to time, and interest shall accrue daily and be compounded on a weekly basis. Further, MW may choose to impose a late payment charge of £20 per day an invoice or any part of an invoice is overdue.

4.3 For any expenses that are anticipated, you shall provide MW with suitable funds or incur the cost of such expenses in advance, including but not limited to tickets, travel, accommodation and sustenance. Notwithstanding, subject to providing receipts, MW shall be reimbursed for any and all expenses reasonably incurred by her while providing the Services (your prior approval is not required).

5. Contact details

5.1 If either party wishes to contact the other, they should do so by email or phone to the following:

a) M: +44 (0)7764 723 306 E: megan@littlemerles.co.uk

b) Client: ___________________ / _____________________

5.2 Your emergency contact must be provided to MW in case you cannot be reached.

6. Confidential Information and Privacy

6.1 MW acknowledges that there is personal information that you will want to keep confidential. MW takes the privacy of such information seriously and shall not disclose to any person either during or at any time after her engagement any such information which may come to her knowledge in the course of providing the Services from time to time. For the purposes of this agreement, confidential information means any information or matter which is not in the public domain and which relates to your affairs.

6.2 The restriction in clause 6.1 does not apply to:

a) any use or disclosure authorised by us or as required by law; or

b) any information which is already in, or comes into, the public domain otherwise than through your unauthorised disclosure.

6.3 We promote our Services on social media platforms. We require your prior consent to use and publish content, such as videos and photos, that includes your or your child’s face, but we may use and publish any other content without your consent.

7. Qualifications, Insurance and Liability

7.1 MW is:

a) Qualified in NCFE CACHE Level 3 Diploma for the Early Years Workforce

b) Approved under the Disclosure and Barring Service (DBS); and

c) Trained in first aid.

7.2 MW holds appropriate insurance [MORTON MICHEL CHILDCARE INSURANCE].

7.3 You may request copies of the documents referenced at clauses 7.1 and 7.2 at any time from MW.

7.4 MW shall have no liability in tort, contract, misrepresentation or for any loss, however arising, suffered by you except:

a) for death or personal injury caused by that Party’s negligence;

b) for fraud or fraudulent misrepresentation; or

c) for any other liability that cannot be excluded or limited by applicable law.

7.5 Notwithstanding clause 7.4, MW’s total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Terms shall be limited to the total Fee paid by the Client to MW during the three months immediately preceding the date on which a claim is made by the Client against MW.

7.6 If MW’s property is damaged or MW suffers personal injury during the times of the Booking, you shall be liable for compensating MW to remedy such damage and/or personal injury.

7.7 If you request that MW uses your property, such as a car, during the times of the Booking, you shall ensure that all licences and insurances are put in place necessary for MW to use such property. MW shall not be liable for any damage incurred to such property.

8. Cancellation

8.1 Should you cancel or change the details (which includes but is not limited to the date) of a Booking or a part of a Booking for Nannying services:

a) less than 24 hours before the start of the Booking, you will be liable to pay, and MW shall be entitled to charge the full (100%) Fee;

b) more than 24 hours but less than 48 hours before the starting of the Booking, you will be liable to pay, and MW shall be entitled to the charge half (50%) of the Fee; and

c) more than 48 hours before the starting of the Booking, you will be liable to pay, and MW shall be entitled to the charge a quarter (25%) of the Fee.

8.2 Should you cancel or change the details (which includes but is not limited to the date) of a Booking for Babysitting services:

a) less than 24 hours before the start of the Booking, you will be liable to pay, and MW shall be entitled to charge the full (100%) Fee;

b) more than 24 hours but less than 48 hours before the starting of the Booking, you will be liable to pay, and MW shall be entitled to charge half (50%) of the Fee; and

c) more than 48 hours before the starting of the Booking, you will not be liable to pay, and MW shall not be entitled to charge any (0%) of the Fee.

8.3 At MW’s sole discretion, MW may reimburse or waive the cancellation charges set out in clause 8.1 and 8.2.

8.4 If MW is unable to work all or any part of the Booking for any reason, including due to illness or injury, or if she is delayed, she shall notify you as soon as reasonably practicable, and if such illness or injury is suffered as a result of providing the Services, you shall still be liable to pay the Fee to MW.

9. Termination and Obligations on Termination

9.1 Either party may terminate this agreement with the following written notice periods to the other party, written notice to be hand given to either party or sent to the contact number set out under clause 5.1 or as otherwise notified to those email addresses:

a) In the six months from the date of this agreement (“Initial Period”): four weeks’ written notice; and

b) Any time after the Initial Period: six weeks’ written notice.

9.2 Any property belonging to the other party shall be returned to that other party at any time on request and in any event on or before the termination of this agreement.

10. Other Important Terms

10.1 Variation. This agreement may only be varied by a document signed by both you and us.

10.2 Severance. If any provision or part-provision of this agreement is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of this agreement. If any provision or part-provision of this agreement is deemed deleted, the parties shall negotiate in good faith to agree a replacement provision that, to the greatest extent possible, achieves the intended commercial result of the original provision.

10.3 Entire Agreement: This agreement includes all terms that govern the relationship between you and the Company.

10.4 Third party rights: No one other than you and the Company shall have any right to enforce any terms of this agreement.

10.5 Counterparts: This agreement may be executed in any number of counterparts, each of which when executed shall constitute a duplicate original, but all the counterparts shall together constitute the one agreement. No counterpart shall be effective until each party has executed at least one counterpart.

10.6 Governing Law and Jurisdiction. This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction.

DO NOT COPY, DUPLICATE OR PRINT THIS DOCUMENT OR ITS TEXT. COPYRIGHT LITTLE MERLES, ALL RIGHTS RESERVED.