This Placement Contract (this "Contract") is between The Hazel Agency, Inc. ("Hazel") and the client(s) whose name appears below ("Client").
Hazel is a domestic placement agency specializing in the placement of various types of domestic help, specifically childcare providers, housekeepers, house managers and elderly care (such domestic help to be hereinafter referred to as “Candidate”) and Client desires Hazel to search for a Candidate filling the position described in the attached Client Questionnaire. The parties agree as follows:
1. INFORMATION: Client agrees to provide Hazel with information relative to the type of employee desired, requirements for the position, number of days per week needed and salary information. Client further agrees to schedule interviews of candidates selected by Hazel solely through Hazel. Client also understands and agrees that all information provided to Hazel is not confidential, and that it shall be used to match Candidates to the Client’s job description thus becoming the exclusive property of Hazel. Hazel will provide background screenings through an outside company of all Candidates except those who are placed temporarily under paragraph four (4) below. Client agrees that all reports on prospective Candidates given by Hazel will be kept confidential.
2. REGISTRATION: In order to initiate the process, a non-refundable registration fee of Two Hundred and No/100 Dollars ($200.00) is required from Client. Hazel agrees to utilize its best efforts to search for a suitable candidate. As part of this search, Hazel shall interview suitable Candidates and verify furnished references. Client agrees that if Client hires any Candidate introduced by Hazel within one (1) year of the date of introduction, then Client agrees to pay Hazel the fee required by paragraph three (3) below. This obligation shall apply (i) to any referrals of Candidates to friends, neighbors or family members of Client, and (ii) to any referral by Candidate to another Candidate which is represented by Hazel.
3. PLACEMENT FEE: In consideration of the referral provided by Hazel, Client hereby agrees to pay a placement fee for the Candidate after a two (2) week trial period in the amount of (i) fifteen percent (15%) of the projected annual salary based on 52 weeks for all live-out and twenty percent (20%) for all live-in employees and placements outside of Georgia or (ii) a minimum placement fee for live-out employees of One Thousand and No/100 Dollars ($1,000.00) and a minimum placement fee for live-in employees of Two Thousand and No/100 Dollars ($2,000.00), whichever is greater. This nonrefundable fee is due and payable in full after the trial period. In the event the Client employs the Candidate referred by Hazel on the basis of certain number of days per week, and the Client increases the number of days per week, an additional fee shall be paid by the Client. For the purposes of this placement contract, “projected annually salary” shall include but not be limited to; all housing furnished by Client; all housing allowances and/or health insurance paid to or on behalf of Candidate by Client; signing bonuses paid to or on behalf of Candidate; and any other tangible items paid or given to Candidate as a condition of employment.
4. OPTIONAL SHORT TERM & TEMPORARY PLACEMENT: At the Client’s request and at the option of Hazel. Short-term contracts (less than 8 months) available at 25% of the actual gross salary paid to employee. Hazel may provide for Client a temporary Candidate during the period of time that Hazel is searching for a Candidate to fill Client’s needs. Hazel has the option of charging Client a fee of no more than thirty and No/100 Dollars ($30.00) per day for this service.
5. REPLACEMENTS: If the employment of Candidate is terminated within six (6) months of the permanent start date, Hazel agrees to conduct one (1) replacement search on behalf of Client without charge. Hazel is not obligated to undertake such additional search unless (i) all fees due Hazel under this Contract have been paid in full within the time period provided by this Contract and (ii) the actual work required of the Candidate does not differ from the requirements set forth by the Client Questionnaire, unless such changes have been approved in advance and in writing by Hazel and the Client. If the replacement Candidate’s salary is increased from that paid the initial Candidate, an additional fee representative of the salary difference shall be paid by Client to Hazel. (iii) Client agrees that the provisions of this paragraph 5 are Client's sole and exclusive remedy under this Contract.
6. LIABILITY: Notwithstanding any provision to the contrary, Client expressly acknowledges and agrees to release, indemnify and hold Hazel harmless for any and all acts or omissions by Hazel with respect to the placement of any Candidates, including but not limited to, any and all acts and omissions of Hazel with respect to the screening, investigation of references and placement of any Candidates pursuant to this Contract. Client expressly acknowledges and agrees that Hazel is not the employer of Candidate. Client warrants and represents that Client shall be fully and solely responsible for any and all wages paid, taxes and social security to be withheld, insurance and any other liability in connection with the employment relationship established between the Candidate and the Client.
7. LATE PAYMENT: Any payment due to Hazel which is not timely paid in full shall bear interest at eighteen percent (18%) per annum until paid. In addition, any payment not received within ten (10) days of the date when due shall be assessed a late charge of five percent (5%). Should any account require collection by an attorney, Hazel shall be entitled to collect fifteen percent (15%) of all sums due as attorney’s fees.
8. MISCELLANEOUS: No change, alteration, addition or deletion to this Contract will be effective unless in writing and executed by the parties hereto. This Agreement represents the entire agreement and understanding between Hazel and Client and supersedes and replaces any prior agreements and understandings concerning the subject matter of this Agreement. This Contract shall be governed by Georgia law, and any disputes arising under this Agreement will be adjudicated in state or federal courts with jurisdiction in Fulton County, Georgia. The provisions of this Contract are severable, and if any provision of this Contract is held to be invalid or unenforceable, the invalidity or unenforceability thereof shall not be construed to affect any other provision. If there is more than one Client, each shall be liable jointly and severably hereunder.
