Agreement between Family/Client & MyAsianCareGiver.com

I, or We, on behalf of myself and/or ourselves and my or our family member (collectively called the Client), the undersigned (whether one relative or two), agree that the sole service of MyAsianCareGiver.com is to refer caregivers or elderly care candidates ("Caregiver Candidates") to the Client. The Client may select among the Caregiver Candidates presented by MyAsianCareGiver.com and, if a Caregiver Candidate is selected, the Client will make the sole hiring decision and arrangements.

Upon learning the needs of your family, MyAsianCareGiver.com, will refer the Client, Caregiver Candidates who have been interviewed by MyAsianCareGiver.com. References will be provided on all Caregiver Candidates presented to the client. The Client is responsible for reviewing this information. If the Client decides to make an independent offer of employment to a Caregiver Candidate as referred by MyAsianCareGiver.com, the client is contractually obligated to notify MyAsianCareGiver.com immediately. MyAsianCareGiver.com does not and cannot guarantee the accuracy or completeness of the references and/or experience provided by the Caregiver Candidate. Client further acknowledges that it is the Client’s sole responsibility to carefully review and select among the Caregiver Candidates presented by MyAsianCareGiver.com.

MyAsianCareGiver.com is a referral registry only; it is not an employer, co-employer, nor independent contractor and assumes no liability or responsibility for the performance of Caregiver Candidates. Therefore, Client unconditionally releases MyAsianCareGiver.com and its employees, recruiters, agents, officers, and directors and agrees that MyAsianCareGiver.com shall not be liable for any personal property damage, injury, loss, delay, wrongful death, negligence or expense of any sort incurred by the Client in connection with the Client's independent decision to utilize a Caregiver Candidate referred by MyAsianCareGiver.com. This release includes, without limitation, acts of God, acts of war or government restriction, as well as events directly or indirectly caused by any intentional or negligent acts or omission by any Caregiver Candidate the Client hires. Client further agrees that MyAsianCareGiver.com is not responsible or liable for any actions of a Caregiver Candidate they directly or indirectly cause or contribute to any personal or property damage, injury, loss or expense incurred by the client in connection with theirs selecting and hiring a caregiver referred by MyAsianCareGiver.com, including without limitation acts of God, acts of war or government restriction, as well as events directly or indirectly caused by any intentional or negligent acts or omission by any caregiver the client hires. Client further agrees that directly or indirectly cause or contribute to any personal or property damage, injury, loss or expense incurred by their employed caregiver while in employment of the Client, that Client will indemnify and hold MyAsianCareGiver.com and its employees, recruiters, agents, officers, and directors harmless from any resulting liability or expense, including any court costs and legal fees incurred in defending against the employed or former employed caregiver’s claim. It is understood that it is up to the Clients and not MyAsianCareGiver.com to do their own due diligence and background checks when deciding on which Caregiver Candidate to hire. Clients agree to indemnify and hold MyAsianCareGiver.com harmless from any and all liabilities, claims, damages (including attorney fees paid by client), during or after the employment period.

Application Fee: Client agrees to pay a $99 REFUNDABLE application fee, good for one caregiver placement search, at the time of signing this agreement. This $99 application fee is to initiate the Client's search. For Client’s convenience, if payment does not accompany this Agreement, MyAsianCareGiver.com shall charge the retainer fee on your credit card or PayPal account.

Note: Shall you stop your search for any reasons. Your $99 retainer fee is good for six (6) months from the day you signed up. And you may call us to restart your search again within this six (6) months. ALL REFERRAL FEES are REFUNDABLE., Non-transferable, and are due immediately after an offer is accepted and before the employee’s first day of tryout/employment. The signing of this agreement specifically authorizes MyAsianCareGiver.com to charge the remaining referral amount due to your credit card if other forms of payment are not received before your employee’s first day of work. Referral fees MUST be paid no later than the caregiver or household employee’s first day of tryout/employment in order for the guarantee or prorated credit to apply.