Au Pair Service Agreement

Transcription

1 Au Pair Service Agreement 433 Calle Familia San Clemente, CA Fax: The following ProAuPair Family Service Agreement (the Agreement) is entered into between ProAuPair, an entity of A.P.EX. American Professional Exchange, LLC, a California Limited Liability Company (ProAuPair) and (first and last name of Au Pair) herein referred to as the Au Pair. Purpose and Goal of the Program The rules and regulations for this program are determined by the US Department of State and apply to all participants. By always keeping the true purpose of the program in mind, it will be easier for the Host Family and Au Pair to understand and follow these rules. The purpose of this Program is to provide foreign nationals with opportunities to participate in educational and cultural programs in the United States and return home to share their experiences and to encourage Americans to participate in educational and cultural programs in other countries. (US Department of State) This is a cultural and educational exchange visitor program, under which foreign nationals are afforded the opportunity to live with an American Host Family, to participate directly in the home life of the Host Family, and to provide limited childcare to the Host Family s children. In the spirit of this program, the Au Pair agrees to be open minded and to take advantage of educational, cultural, and community activities and opportunities available in the region. The Au Pair hereby agrees to the following: 1. General Terms and Conditions 1.1. Terms & Conditions. The Au Pair has fully read and understood this Agreement and the US Department of State s Letter and Program Regulations. Furthermore, the Au Pair agrees to abide by the terms and conditions of this Agreement, as well as the rules, regulations, and instructions of the US Department of State concerning ProAuPair exchange visitor Programs Au Pair Handbook. The Au Pair has received and fully read and understood the Au Pair handbook, and agrees to comply with all of the procedures and guidelines included therein. The Au Pair understands that said procedures and guidelines shall be considered a part of this Agreement, and must be followed accordingly Compliance with Regulations. The Au Pair understands that if he/she violates the terms of this Agreement, ProAuPair has the right to withdraw the Au Pair from the Host Family s household, place the Au Pair in a different household, or send the Au Pair back to his/her home country at his/her own expense. If any of these scenarios takes place, the Au Pair shall not be entitled to any refund Employment Contract. The Au Pair agrees to sign a written agreement with the Host Family that includes a joint commitment to comply with all US government and Program guidelines before the arrival of the Au Pair in the Host Family s home, and to provide ProAuPair with a copy of this agreement Fees. The Au Pair has received and understood ProAuPair s fee schedule (Au Pair Financial Terms & Conditions) as part of this agreement. The Au Pair agrees to pay these fees and understands that the fees are due at the time of a match with a Host Family and they are non-refundable Exclusive Right. The Au Pair understands and agrees that ProAuPair has the exclusive right to determine suitability of a candidate for participation in the ProAuPair program and continued participation in the ProAuPair Program. ProAuPair 2011 Page 1 of 5 /

2 2. Au Pair s Obligations for Participation in the Program 2.1. Agreement: The Au Pair confirms that he/she has entered into the ProAuPair Program with the intent of personal, educational, and cultural enrichment. The Au Pair hereby agrees to: Take part in the required online childcare training provided by ProAuPair prior to arriving in the US Carry out childcare responsibilities for the Host Family s child(ren) in a conscientious and alert manner with respect, courtesy, safety, and commitment Actively participate in and contribute to the life of the Host Family with a positive attitude, as if he/she were a member of the family. This includes (but is not limited to) taking part in family meals, holidays, and other cultural and social activities Behave in a manner, which does not reflect negatively on the Host Family or ProAuPair and be respectful of the Host Family s values Respect the privacy of the Host Family and not post pictures or videos of any or all members of the Host Family without their prior consent Be open-minded and positive toward any cultural differences and unfamiliar behaviors and habits Cooperate fully with all representatives of the ProAuPair Program and comply with any instructions they may give Obey all US Federal, State, and Local laws Return to his/her home country at the end of his/her stay on or before the end date of his/her visa Forbidden Activities. The Au Pair agrees that in addition to complying with all of the terms, conditions, guidelines, and regulations in this Agreement, in the Au Pair Handbook, and in the US Department of State regulations, the Au Pair will not engage in any of the following forbidden activities under any circumstances: Ask to borrow money from the Host Family or accept any offer for the Host Family to lend the Au Pair money Accept any form of paid employment (other than the regular Program stipend) from the Host Family Use illegal drugs or consume excessive amounts of alcohol Consume any alcoholic beverages if the Au Pair is under the legal US drinking age of twentyone (21) Smoke in the Host Family s home or car without permission 2.3. Educational Component. The Au Pair agrees to enroll in and attend at least six (6) semester hours, or the equivalent for Professional and Standard Au Pairs, or at least twelve (12) semester hours for EduCare Au Pairs, at an accredited US post-secondary educational institution. Furthermore, the Au Pair agrees to maintain the appropriate records of these units as explained in full in the Au Pair Handbook. The Au Pair also agrees to pay for any educational expenses that exceed the educational stipend provided by the Host Family in the amount of $500 for Professional and Standard Au Pairs, and $1000 for EduCare Au Pairs. The educational component has to be completed at least 45 days before the initial 12 months program ends, if the Au Pair wishes to extend his/her stay in the U.S. for 6, 9, or 12 months Expenses. The Au Pair understands that he/she may be responsible for reimbursing the Host Family for expenses he/she incurs, including but not limited to telephone-related expenses, gasoline used to drive for personal reasons, and medical expenses Travel Time. The Au Pair agrees to inform ProAuPair and his/her Local Area Coordinator if he/she chooses to travel outside of the US during the twelve (12)-month Program term. In addition, the Au Pair agrees to submit his/her DS-2010 form to ProAuPair at least three weeks prior to the first date of scheduled travel so that ProAuPair has sufficient time to review and return the form prior to the Au Pair s trip. The Au Pair is hereby informed and understands that it is his/her responsibility to contact the appropriate country s Embassy to determine if a visa is required for entry into that country. ProAuPair of 5

3 3. Au Pair Obligations to the Host Family Performance of Duties. The Au Pair understands that providing childcare as outlined in the employment contract with the Host Family is the primary responsibility of the Au Pair. The Au Pair agrees to perform these duties for a maximum of ten (10) hours per day and a maximum of fortyfive (45) hours per week (30 hours for EduCare Au Pairs) to the best of the Au Pair s abilities for the duration of the Program Reporting Inappropriate Duties. The Au Pair understands that his/her duties are not to include any of the following: Non-childcare related services, such as heavy chores, such as yard work, window washing, or scrubbing floors Caring for another family s children Caring for a child younger than three (3) months old without another responsible adult in the house. The Au Pair agrees to notify his/her Local Area Coordinator if he/she is asked to perform any of the aforementioned inappropriate duties, or any duties which exceed those agreed to in the Au Pair s employment contract with the Host Family. 4. Au Pair Benefits 4.1. Room & Board. The Au Pair will receive full room board from the Host Family for the duration of the Program, including food and a private bedroom in the Host Family s home Au Pair Stipend. The Au Pair will receive a minimum stipend from the Host Family each week, in accordance with the Regulations and the ProAuPair program as outlined in the Au Pair Financial Terms and Conditions document. Said stipend shall be paid on the same mutually- agreed-upon day each week. The Au Pair is entitled to begin receiving the stipend after spending one full week in the Host Family s home Time Off. The Au Pair will receive at least one full and one half consecutive days off (36 hours) per week, as well as one full weekend off (Friday evening thru Monday morning) per month Vacation Time. The Au Pair will receive two (2) calendar weeks paid vacation time during the initial twelve (12)-month Program, to be used on dates mutually-agreed-upon with the Host Family. In the event of a nine or twelve (9 or 12)-month extension, the Au Pair will receive an additional two (2) calendar weeks paid vacation time, (in addition to the original two weeks given in the Au Pair s first year of service), to be used on dates mutually-agreed-upon with the Host Family. In the event of a six (6)-month extension, the Au Pair will receive additional one (1) calendar weeks paid vacation time (in addition to the original two weeks given in the Au Pair s first year of service), to be used on dates mutually agreed upon with the Host Family 4.5. Educational Costs. As described in the Educational Component section of this Agreement, the Host Family will assist with enrollment and provide mutual agreed time off in order for the Au Pair to study at an accredited US post-secondary institution for a minimum of six (6) credit hours (or its equivalent) for Professional and Standard Au Pairs and twelve (12) credit hours (or its equivalent) for EduCare Au Pairs. Furthermore, the Host Family will provide adequate transportation to and from the place of instruction and pay tuition and related educational expenses up to a maximum of $500 per Professional or Standard Au Pair per year and up to $1000 per EduCare Au Pair per year Medical, Travel and Accident Insurance. The Au Pair hereby acknowledges receipt of a copy of ProAuPair s Basic Insurance Policy document as well as the upgrade option. The Au Pair understands that he/she will be provided with travel and accident insurance by a third-party insurance party for the duration of the Program, and that said policy covers the minimum requirements but does contain limitations and exclusions. The Au Pair agrees to familiarize himself/herself with the scope of said policy and the limitations and exclusions contained therein. The Au Pair understands that this policy will be valid for 365 days from his/her arrival in the U.S., and will not cover the thirteenth month (travel month/grace period) if the Au Pair chooses to stay in ProAuPair of 5

4 the US during that time. The Au Pair understands that in the event that the Au Pair terminates his/her participation in the Program prior to the Program end-date, then the insurance policy will be null and void thenceforth. The Au Pair understands that preexisting conditions will not be covered under the insurance policy. The Au Pair agrees that any disputes pertaining to coverage issues are strictly between the Au Pair and the third party insurance company, and furthermore, that ProAuPair is not responsible for any coverage issues and/or disputes. 5. Early Departure, Change of Host Family, & Termination Policy Adjustment Period. The Au Pair understands that ProAuPair requires an initial adjustment period of thirty (30) days following the Au Pair s arrival before any changes will be considered Issues with Host Family. The Au Pair has read and understood ProAuPair s Grievance Procedure as outlined in the Au Pair Handbook, and agrees to follow this procedure if he/she is having issues with the Host Family Re-Match. The Au Pair understands that ProAuPair does not guarantee that an Au Pair will have the opportunity to Re-Match during the Program and that such decision will be at ProAuPair s sole discretion Early Cancellation of employment by Au Pair. The Au Pair agrees to inform his/her Local Area Coordinator in the event of an accident, serious illness, or other medical condition (including pregnancy) that may prevent the Au Pair from continuing his/her duties. ProAuPair will then review the situation and make a decision as to whether the Au Pair can finish the Program or not. In the event that the Au Pair decides to leave the Program for any reasons, the Au Pair will have a fourteen (14)-day grace period, during which the Host Family will request/allow him/her to continue to stay in their home, and at the decision of the family, the Au Pair has to provide Child Care Early Cancellation of employment by Host Family. In the event of an early cancellation of employment with the Au Pair by the Host Family, the Host Family will give ProAuPair and the Au Pair at least two (2) weeks advance notice of the decision. During that time-period, the Au Pair will continue to perform all regular childcare duties and the Host Family will continue to pay the Au Pair in full, as well as provide him/her with full room and board. Should the Host Family prefer that the Au Pair not perform his/her childcare duties during that time-period, the Host Family will continue to pay the Au Pair in full, as well as provide him/her with full room and board until the full advance notice time-period has elapsed Early Termination by ProAuPair. The Au Pair understands and agrees that ProAuPair reserves the right to terminate or end the Au Pair s participation in the program and remove him/her from the Host Family s home without advance notice if ProAuPair determines, at its sole discretion, that 6. Extension Program a) the Au Pair has endangered the Host Family s children through negligence, a deliberate act, or if the Au Pair s mental or physical health is determined to be insufficient for completing the Program; b) the Au Pair comes to work or is convicted of driving under the influence of drugs or alcohol; c) the Au Pair fails to comply with any of the terms of this Agreement; d) the Au Pair fails to comply with any of the US Department of State Regulations; e) the Au Pair is not cooperative with ProAuPair s staff or services Extension Program Options. An extension to the program (referred to hereafter as the Extension Program ) is possible for six, nine or twelve (6, 9, or 12) months Extension Program Application. The Au Pair understands that in the event that the Host Family and Au Pair wish to participate in the Extension Program, both parties must submit their applications and application fees at least two (2) months prior to the expiration of the Au Pair s J-1 visa. If the Au Pair wishes to extend with a different family, the Au Pair understands and agrees that she has to apply latest two months prior to the expiration of the Au Pair s J-1 visa. ProAuPair of 5

5 7. Other Terms & Conditions 7.1. Au Pair s Health and Safety. The Au Pair agrees that ProAuPair may take whatever action they determine to be necessary to ensure the Au Pair s health and safety. The Au Pair agrees not to make any claim against ProAuPair, its shareholders, directors, officers, employees or independent contractors working on ProAuPair s behalf because of actions taken to ensure the Au Pair s health and safety Liability. The Au Pair understands that ProAuPair will arrange transportation and accommodation on his/her behalf, and agrees to indemnify and hold harmless ProAuPair, its shareholders, directors, officers, employees, the host family, and independent contractors working on behalf of ProAuPair in respect to any loss, damage, injury, or death resulting from any transportation relating to the program, any accommodation provided during his/her time in the US, or for any other product or service provided to him/her Severability. A ruling invalidating a portion of this contract shall not affect the validity of the remainder The Au Pair Financial Terms & Conditions and the Au Pair Handbook. These documents are part of this agreement Applicable law. This Agreement shall be governed by the laws of the state of California. Au Pair Signature Au Pair Name (Please print.) Date ProAuPair of 5

6 Au Pair Financial Terms & Conditions 433 Calle Familia San Clemente, CA Tel: Fax: Au Pair Stipend Professional Au Pairs will receive a weekly stipend of $250 Regular Au Pairs will receive a weekly stipend of $ EduCare Au Pairs will receive a weekly stipend of $ Program Costs Cost Regular & EduCare Au Pair Professional Au Pair Cost on match Interview Fees SEVIS Fee Health Insurance Embassy Fees Approximately Roundtrip airfare Room and board Euro 325 $100 Euro 325 $100 Additional Expected Costs Au Pairs generally incur other costs during their year in the US. These will vary depending on the Au Pair s lifestyle and travel plans. Some typical costs are outlined in the following sections. All of these can easily be covered by the Au Pair s weekly stipend, which is $ for EduCare Au Pairs, $ for Regular Au Pairs, and $250 for Professional Au Pairs. The Au Pair is responsible for any travel costs associated with getting to/from the US Embassy as well as the airport in his/her home country. Entertainment Costs ProAuPair estimates that Au Pairs typically spend around $2,000 on entertainment expenses during their year in the US. Educational Costs The Au Pair s Host Family will provide $500 (for Regular and Professional Au Pairs) or $1,000 (for EduCare Au Pairs) towards the cost of his/her education. It is possible that this will cover the Au Pair s total costs. Applicants should note that no matter which Au Pair company he/she chooses, the educational costs will depend on which subject(s) he/she takes and where he/she studies. Some Au Pairs spend an additional $1,000 to $2,000 on their education during their year in the US. Travel Costs Most Au Pairs spend money to travel around the US after the end of their studies and exchange program. ProAuPair estimates that Au Pairs typically spend around $1,000-$2,000 on travel costs during that time. ProAuPair 2011