Terms of Service
The Terms of Service is a referral agreement made between Aloha Maids Referral Agency and the client. Aloha Maids Referral Agency is an Employment Agency/Domestic Referral Agency in the business of assisting clients seeking housekeeping and other domestic services and in recruiting and registering qualified professional domestic workers (“Housekeeper”) for job referrals, in accordance with California Civil Code §1812.501(h). Client has requested Agency’s services to identify potential domestic workers to provide housekeeping services to Client in Client’s home.
The parties hereby agree as follows:
1. Referral Service: All Housekeepers undergo a thorough background screening prior to being referred to Client and Agency will verify the Housekeeper’s legal status and work authorization prior to being referred to Client in accordance with procedures established under Federal law.
2. Payment: Payment is due at the time service is scheduled. Client may provide Agency with a valid credit card to keep on file for billing. Client is responsible for and agrees to pay Agency for the full cost of Client’s requested services. Time is billed in minimum increments of one-fourth of an hour (15 minutes). The referral fee charged by Agency for its services shall be reasonable, negotiable and based on a fixed percentage of the service cost per the Agency’s established fee schedule. Client agrees to pay Agency a Referral Fee for as long as Client continues to engage or otherwise utilize the Housekeeper’s services. Client shall pay Agency a service charge of 40% of the total billing amount in the event Client’s payment is returned by the institution on which it is drawn for any reason.
3. Cancellation: Failure to notify Agency twenty-four (24) hours in advance of cancellation of any requested service will result in a $99 fee charged for the scheduled visit.
4. Lock Out or No-Show: It is the responsibility of Client to ensure access for cleaning. If Client is not available or other access arrangements have not been made and the Housekeeper is unable to enter, there will be a $99 lock-out charge.
5. Housekeeper Performance: Agency must be contacted no later than 48 hours after completion of the service if Client is not entirely satisfied with the housekeeping work that was performed. We can then alert the Housekeeper of your concerns to arrange their return to the subject property within 24 hours of your contact, at no additional charge, to re-clean the areas that had not been finished to your satisfaction. If Agency is contacted more than 48 hours after completion of the service, all additional housekeeping services will be subject to standard charges, on a case by case basis.
6. Direct Hiring Prohibited: Client agrees not to directly engage the services of any referred Housekeeper during the term of this Agreement and for a period of nine (9) months after termination of services without informing Agency of the scheduled services. Should services commence or additional services be provided without informing Agency, Client agrees to pay Agency $1,200 as a finder’s fee.
7. Performance of Services: The Housekeeper represents that he/she possesses the qualifications, ability and experience to perform all services requested by and rendered to Client without the advice, control or supervision of Agency. The Housekeeper shall be solely responsible for satisfactory performance of services to be rendered to Client. In the event Client communicates a complaint regarding the quality of services rendered or work performed, breakage, theft, or any other problem occurring while the Housekeeper rendered service, it is the sole responsibility of the Housekeeper to resolve the problem directly with Client. If any such complaints or concerns are received by Agency, Agency agrees to promptly inform the Housekeeper so he or she may resolve the matter directly with Client. Agency shall not be liable, and Client agrees to indemnify Agency from and against any claims, losses, costs, fees, liabilities, damages, or other injuries that arise as a result of the Housekeeper’s actions or unsatisfactory performance.
8. Independent Domestic Worker: Agency is not the employer of the domestic worker referred to Client. Client acknowledges that she or he may have employer responsibilities depending upon the nature of the professional relationship established with the referred Housekeeper and thus, may be liable for payment of State and/or Federal employment taxes incurred during and throughout the course of the engagement. In addition, Client acknowledges that Agency shall not be liable, and Client agrees to indemnify Agency from and against any claims, losses, costs, fees, liabilities, damages, or injuries arising out of Client’s failure to pay any such taxes.
9. Acceptance of Terms: Client understands and agrees that Client’s engagement or utilization of the services of a Housekeeper referred by Agency will constitute Client’s acceptance of the terms and conditions of this Agreement even if Client does not return this executed Agreement to Agency.
10. Termination: Client reserves the right to replace or terminate the Housekeeper for any reason.
11. Attorney’s Fees: Client agrees to pay all reasonable costs, including, but not limited to, attorney’s fees incurred by the Agency to enforce any provision in this Agreement.
12. Governing Law/Jurisdiction: This Agreement shall be governed by and construed in accordance with the laws of The State of California. Any action or proceeding commenced regarding this Agreement or the subjects herein shall be brought in Orange County, California.
13. Consent for Use of Electronic Signatures: This Agreement may be executed by original, facsimile, and electronic signatures, each of which when affixed shall be deemed to be an original that is enforceable against the executing party.
14. Service Fee: A 2.95% Service fee will be added for every booking.
WAIVER OF LIABILITY AND HOLD HARMLESS AGREEMENT
- I, the customer who electronically signed, hereby acknowledge and agree to the following:
- The Coronavirus (“COVID-19”) pandemic is a present risk to human health. COVID-19 is highly contagious and has a mortality rate potentially greater than the flu. COVID-19 can spread easily and exponentially. While people of all ages are at risk of catching COVID-19, persons especially at risk are those with compromised immune systems and the elderly. Persons over 65 years of age may be at particular risk as well. In order to reduce the spread of COVID-19, the State of California, as well as many California cities and counties have issued “Safer at Home” or “Shelter in Place” orders, with exceptions for essential activities.
- I understand the hazards of COVID-19 and am familiar with the Centers for Disease Control and Prevention (“CDC”) guidelines regarding COVID-19. I acknowledge and understand that that the circumstances regarding COVID-19 are changing from day to day and that, accordingly, the CDC guidelines are regularly modified and updated and I accept full responsibility for familiarizing myself with the most recent updates.
- Notwithstanding the risks associated with COVID-19, which I readily acknowledge, that I am receiving a referral from Aloha Maids Referral Agency. I also understand that the referral is an independent service provider.
- I shall indemnify, defend, and hold harmless the RELEASEES from and against any and all claims, demands, suits, judgments, losses, or expenses of any nature whatsoever arising from or out of, or relating to, directly or indirectly, my potential and/or actual exposure to COVID-19. I declare that I agree to take all recommended and reasonable actions to protect myself and others from exposure to COVID-19, and that I assume the risk of contracting or spreading COVID-19, as applicable.
- It is my express intent that this Waiver and Hold Harmless Agreement shall bind any assigns and representatives, and shall be deemed as a RELEASE, WAIVER, DISCHARGE, AND COVENANT NOT TO SUE the above-named RELEASEES. This Agreement and the provisions contained herein shall be construed, interpreted, and controlled according to the laws of the State of California.
I HEREBY KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO A JURY TRIAL OF ANY DISPUTE ARISING IN CONNECTION WITH THIS AGREEMENT
IN SIGNING THIS AGREEMENT, I ACKNOWLEDGE AND REPRESENT THAT I have read the foregoing Wavier of Liability and Hold Harmless Agreement, understand it, and sign it voluntarily as my own free act and deed; no oral representations, statements, or inducements, apart from the foregoing written agreement, have been made to me; I am at least eighteen (18) years of age and fully competent; and I execute this Agreement for full, adequate and complete consideration fully intending to be bound by it.
Terms may change without notice.
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