This agreement is between Cultural Care, Inc. of Cambridge, MA (hereinafter referred to as "CC") and Radabut Wanpen And Radabut Prayoon, of (City) New York, (State) NY (hereinafter referred to as "Host Family").
In good and sufficient consideration, the receipt of which is hereby acknowledged, including but not limited to the Host Families acceptance into the CC Au Pair program, Host Family and CC agree as follows:
1. This agreement shall govern in all respects (except financial obligations which are set forth in the Host Family Financial Responsibility Agreement) the relationship between CC and the Host Family unless modified by a subsequent written agreement signed by the parties. This agreement can only be modified by a writing signed by both parties and any purported oral agreement or statements shall be without any force or effect. The Host Family has reviewed and understands the financial obligations of participating in the Au Pair program as set forth in the Host Family Financial Responsibility Agreement. Host Family agrees to execute said document as a condition of acceptance into the Au Pair program.
Program rules and regulations
2. Host Family agrees to comply with all of the regulations set forward by CC; as well as those published by U.S. Department of State in 22 CFR Part 62, as the same may be amended from time to time in the future (“the Regulations”) in all respects as they are the governing standards of the program. Host Family acknowledges receipt of a copy of the U.S. Department of State publication “The Au Pair Exchange Program” (available on host family web account). Host Family agrees to comply with all program rules and regulations including but not limited to the below:
Host Family agrees that if an infant less than three (3) months old is living in the home, a parent or another responsible adult shall be present in the home at all times and the au pair shall not be the sole care giver for that child at any time (including sleeping hours). Host Family agrees to notify CC if a child less than three (3) months is added to the household at any time during the program term.
Host Family will provide board and lodging in a suitable private bedroom that complies with local building codes in their home for the au pair throughout participation in the program. Host Family agrees to pay a weekly stipend in accordance with the Regulations and the Financial Agreement.
Host Family agrees that during the first three (3) days of an au pair’s stay in the home, a parent or another responsible adult shall remain in the home to facilitate the adjustment of the au pair into the family, household, and community.
Host Family agrees that the au pair hours and work schedule will be limited to forty five (45) hours per week with a maximum of ten (10) hours per day and no more than five and one half (5.5) days per week. Host Family agrees that the au pair will have one (1) full weekend (Friday evening to Monday morning) off duty per month and one and one half (1.5) continuous days off per week. The au pair will also receive two (2) calendar weeks (14 days) of paid vacation, to be taken at mutually agreed upon times. Host Family also understands that asking the au pair to work additional hours and/or offering additional compensation for additional hours is a violation of the U.S. Department of State guidelines. Host Family understands that violating any part of the working schedule rules will be cause for program termination.
Host Family will facilitate enrollment and provide time off and transportation for the au pair to study at an accredited post-secondary institution of au pair’s choice (for a minimum of six (6) credit hours or its equivalent). Host Family agrees to pay up to $500.00 towards the completion of the au pair’s required educational component for the year. In the event of a transition, Host Family understands that they will be responsible for any remaining portion of this component for each subsequent au pair placement. Host Family is responsible for transport to and from local classes.
Host Family will facilitate attendance and provide time off and transportation for the au pair to attend monthly meetings with CC’s Local Childcare Consultant. Host Family agrees to at all times respond to the inquiries of CC’s Local Childcare Consultant and other CC agents and employees; and Host Family agrees to attend at least one of two family day conferences sponsored by CC during the program year.
3. This Agreement shall be governed by the laws of the Commonwealth of Massachusetts, without regard to the conflict of law principles in Massachusetts or any other jurisdiction. In the event of any claim, dispute or proceeding arising out of the relationship of the Host Family and CC, or any claim whether in contract, tort, or otherwise, or at law or in equity that arises between the parties, whether or not related to this agreement, the parties hereby submit and consent to the exclusive jurisdiction and venue of the courts of the Commonwealth of Massachusetts and of the United States District Court for the District of Massachusetts.
Eligibility and participation
4. Host Family affirms that the information provided in their registration and materials is true and complete to their knowledge. In particular, any behavioral, medical or developmental issues relating to the children must be fully disclosed. Host family understands that any omissions or inaccuracies presented may mean that their program participation will be re-evaluated.
5. Host Family understands that CC has the exclusive right to determine the suitability of Host Family’s home for placement of an au pair and Host Family’s continued participation in the au pair program. Given that au pairs are not professional childcare providers, and given the cultural exchange element of the program, CC may determine at its sole discretion that the home environment, family dynamics and/or proposed au pair responsibilities are not compatible with the spirit of the CC program.
6. CC has the right to terminate Host Family’s participation in the program at any time if it determines that the au pair is in an unsuitable environment, or if the Host Family is in violation of this agreement, of Cultural Care or U.S. State Department regulations, or the terms of the Host Family Financial Agreement. Host Family acknowledges that CC has complete and unfettered discretion to utilize whatever methods it deems appropriate to assist it in making this determination. In the case of any termination pursuant to this paragraph the Host Family shall not be eligible for a program fee refund or a replacement au pair.
7. Host Family agrees to notify CC in the event there is a change of composition of the household, including, but not limited to, divorce, custody change, death, adoption, pregnancy, or possible move to a different home. Host Family also agrees to notify Cultural Care in any incident where law enforcement is involved with either the Host Family or au pair while on the program.
8. All adults residing, even temporarily, in the home where the Au Pair will reside are required to be screened by CC in a manner solely determined by CC to be appropriate which shall include but not be limited to a criminal background check. Host Family hereby consents to said criminal background check and agrees to acquire the consent to said criminal background from any other adult living in the household. Host Family hereby states that all adults living in the house have been so identified to CC staff. All adults living in the household who are legal guardians/parents of the involved children must execute this agreement. Host Family’s obligation hereunder shall be joint and several.
Au pair duties and role
9. Host Family understands and acknowledges that the Au Pair program is a cultural exchange program sponsored and regulated by the U.S. Department of State. Host Family will accept an au pair and any cultural differences in the spirit of international exchange and treat the au pair as a member of their family.
10. Host Family agrees that au pair’s will perform childcare services and light housekeeping related to childcare and that the au pair’s duties are not to include general housekeeping or heavy chores, including, but not limited to, yard work, window washing, or scrubbing floors. The au pair’s duties must relate to the children and may include active duties, including, but not limited to, general supervision of play, preparing children’s meals, straightening their rooms, and doing the children’s laundry; and passive duties, such as being present when the children are sleeping, which time is considered working hours. Au pairs are not to be made responsible for homeschool instruction of the children, however as with traditional education may provide supervision and assistance with homework.
11. If the au pair will be driving a car owned or leased by any member of the Host Family, the Host Family will provide automobile insurance for the au pair at Host Family’s sole cost. The insurance coverage shall not be less than the minimum mandatory insurance coverage required by law in the state in which the Host Family resides. In the case of an accident while the au pair is on duty, the au pair shall not be responsible for a deductible, regardless of who is at fault. If the accident occurs when the au pair is off duty, the au pair shall not be responsible for a deductible that exceeds $500.00 per incident. Host Family will not hold CC liable for any damage or loss resulting from the au pair’s use of a vehicle. Host Family will pay for gas, and for the entire deductible resulting from any loss, for the vehicle(s) used by the au pair when performing his/her duties or requirements of the program. Host Family acknowledges that it is the Host Family’s responsibility to conform to any and all state or local laws regarding the au pair’s use of Host Family’s automobile, including the au