BETWEEN
Of the one part the CLIENT [family, hotel, club, business, etc.] [.................................. .......................Client......................... .....................................................................................................], hereinafter the CLIENT.
Of the other part, TENDER LOVING CANGUROS (Autonoma) c/Girona 35 ppal 2A, 08010 Barcelona, herinafter the COMPANY.

Both parties acknowledge each other, in the positions in which they are acting, to have the necessary legal capacity to enter into this binding contract, and they hereby state as follows:

WHEREAS
1. The CLIENT wishes to engage the services of one or more [number] nannies for [................length of time..................].
2. THE COMPANY has a business with the necessary structure and organisation for placing nannies, baby-sitters and au-pairs (hereinafter “Carers”) in contact with families and with any individuals and corporate entities that need one or more persons to look after their children and the children of their clients on a permanent or temporary basis or on specific dates and at specific times.
3. Since the CLIENT wishes to engage the services of one/several Carers to look after their child/children / their client’s children for [number of days] days, the two parties now therefore enter into this SERVICE AGREEMENT subject to the following.

CLAUSES:
1. SUBJECT OF THE CONTRACT
The CLIENT hereby commissions THE COMPANY, who hereby accepts, to take such steps as may be necessary to place the CLIENT in contact with possible Carers for their child/children or for their clients’ children for [length of time]…3 weeks

2. PRICE
The COMPANY’s fee for the services shall be determined as follows:
a) When the CLIENT hires the COMPANY to place it in contact with Carers to take care of children permanently or for a specific period of time, on a full time basis or part time basis the AGENT shall receive a fee of the equivalent of one months wages or 30% of the amount agreed for a contractual period + IVA.
b) When the CLIENT hires the COMPANY to place it in contact with Carers to take care of children on specific days and at specific times, the COMPANY shall receive a fee of €15 per day.
The COMPANY’s fee shall be paid by transfer to the following account: La Caixa, Tender Loving Canguros SL, 2100-0747-28-0200268486.
The COMPANY’s fee shall accrue as from the date on which the COMPANY informs the CLIENT in writing of the Carer/s she proposes, and the COMPANY’s right to payment of the fee shall not be subject to the engagement of the Carer/s by the CLIENT.
The COMPANY shall also be entitled to payment of the fee if after expiry of this Agreement the CLIENT engages the Carer/s proposed by the COMPANY while the Agreement was in force.

3. COMPANY'S’S INDEPENDENCE
The COMPANY’s services shall be restricted to placing the parties (CLIENTS and Carer/s) in contact with each other, without the COMPANY being bound to the CLIENT by any type of labour relationship or hierarchical dependence or otherwise, since the COMPANY carries on her business as a totally independent contractor.
The COMPANY shall not act as a representative of the CLIENT, nor is she an attorney of the CLIENT, and her work is limited to placing the CLIENT in contact with possible Carers able to provide child care services.
The COMPANY is not liable for and does not guarantee the success of the operation, and the CLIENT is not obliged to inform the COMPANY of the results of her efforts.
The COMPANY is neither directly nor indirectly an employer of the Carer/s nor does she have any labour, civil or commercial relationship with the Carer/s.
The COMPANY has no involvement in any contractual relationship of a civil, commercial or labour nature, whether written or oral, between the CLIENT and the Carer/s.

4. LIABILITY OF THE COMPANY
The COMPANY is not liable to the CLIENT for the fitness or suitability of the Carer/s or for any loss, damage, costs, expenses or risks caused by acts or omissions of the Carer/s to the CLIENT or to the children or property of the CLIENT.
The COMPANY is not liable to the Carer/s for payment of the services provided by them to the CLIENT or for any loss, damage, costs, expenses or risks caused to the Carer engaged by the CLIENT as a result of acts or omissions by the CLIENT or in performing their services for the CLIENT.

5. DUTY TO INFORM
The CLIENT must provide the COMPANY with all information necessary for the proper performance of this Agreement, including any offers it receives.
The COMPANY shall keep the CLIENT informed at all times of the results of the steps taken by her.
The COMPANY shall only inform the CLIENT of the particulars of a Carer or Carers when this is necessary for the performance of the agency services for which she has been hired by the CLIENT.
The COMPANY shall pass on to the CLIENT the particulars of the Carer/s if this has been previously authorised and agreed in writing by the Carer/s.

6.TERMINATION OF THE AGREEMENT
Breach of the provisions of this Agreement shall be cause for termination thereof following notice in writing to the other party, without prejudice to such legal action as may be available to the non-defaulting party.

7. EXPENSES
All taxes and expenses arising as a consequence of the formalisation of this Agreement shall be to the account of the CLIENT.

8. JURISDICTION AND GOVERNING LAW
The interpretation and performance of this Agreement shall be governed by Spanish law.
For the settlement of any dispute, litigation, question or claim that may arise in connection with the interpretation or performance of this Agreement, the parties waive any other jurisdiction available to them and submit to the courts of Barcelona.
In witness whereof, the parties sign this Agreement in two copies in the place and on the date first written above.

THE COMPANY [....................................Print Name.....................................] THE CLIENT[....................................Print Name.....................................]

Signatures