Keeka's Kiddoz, LLC.

Subtitle

Keeka’s Kiddoz, LLC is a referral service that maintains records of providers who are screened and available to be employed by the client to perform in-home childcare. Keeka’s Kiddoz, LLC will refer available providers to the client based on the information provided by the client. Client will pay a referral fee, which will be charged on a daily basis, commencing at the time that a placement is confirmed.

Client understands that Keeka’s Kiddoz, LLC will charge a referral fee for all services provided by any provider registered with Keeka’s Kiddoz, LLC regardless of whether arrangements are made through Keeka’s Kiddoz, LLC or between the client and provider directly. Unless Keeka’s Kiddoz, LLC has received a one-time permanent placement fee for the specific provider, the daily referral fee will continue on an ongoing basis. Client further understands that the referral of a provider registered with Keeka’s Kiddoz, LLC to a third party, without arranging the referral through the Agency, is considered “theft of services” and will result in a charge of $500 in liquidated damages. The annual registration fee, charged upon initial registration, shall be billed every 12 months unless registration is cancelled by client.

Keeka’s Kiddoz, LLC is not the employer of any provider retained by the client, and is not responsible for the provider’s direction, supervision, control or compensation. Provider’s work schedule and the method, manner and means of employment and any other terms and conditions will be determined by negotiation between the client and the provider. Client understands that they may be responsible for withholding and filing employment taxes for salaries paid to the nanny which exceed the exemption limits set by the Internal Revenue Service.

If client instructs a provider to transport their child(ren) in the client’s or the provider’s automobile, client understands that Keeka’s Kiddoz, LLC is not responsible for the safety of any child(ren) while being transported in any automobile. Client agrees to provide and install the appropriate safety seats in their family’s or the nanny’s automobile. Keeka’s Kiddoz, LLC liability to client is further limited in several ways. Because no screening process can provide complete accuracy, the Agency cannot guarantee the performance or qualifications of the providers that are referred to client. Client will release and hold harmless Keeka’s Kiddoz, LLC, its agents, for any and all claims of liability relating to or arising out of the referral and/or hiring of any provider. In the event that a court or arbitrator determines that Keeka’s Kiddoz, LLC is responsible for damages, claims or injuries relating to this agreement or the performance of a provider, Keeka’s Kiddoz, LLC cannot be held liable for any amount over and beyond the fees paid by client. Keeka’s Kiddoz, LLC cannot be held liable for incidental or consequential damage. This limitation of liability exists regardless of whether a claim made against Keeka’s Kiddoz, LLC arises in tort or in contract, including any claims based on negligence and cannot be modified or extended except by an explicit written agreement.

An interest rate of 1.5% per month or the maximum permitted under law shall be charged on all fees past due. Client shall be responsible for payment of all costs and reasonable attorney fees incurred by Keeka’s Kiddoz, LLC as a result of collection, including costs and attorney fees made in connection with court and/or arbitration proceedings. This agreement shall be construed and enforced in accordance with the laws of the State of Oregon. All actions to enforce or interpret this agreement, whether by court action or arbitration, shall be maintained in Deschutes County, Oregon.