AuPairCare
Au Pair Agreement
(rev. 11/08)
This AuPairCare Au Pair Agreement (the "Agreement”) is entered into between AuPairCare, a California
Corporation and "Au Pair” (first and last name of Au Pair)
_____
of (City)
, Russia”. Au Pair has fully read this Agreement and
agrees to the terms and conditions contained herein. "Host Family” is the family in the United States with
whom Au Pair has agreed to match, and with whom Au Pair will live and work.
A. General Provisions
Au Pair is hereby advised and acknowledges that the parties agree as follows:
1. Au Pair will abide by the terms and conditions of this Agreement for the duration of Au Pair’s participation
in the AuPairCare program, unless and until this Agreement is replaced or modified by a subsequent
written agreement executed by AuPairCare and Au Pair.
2. Au Pair is hereby advised and acknowledges that all Au Pairs are participants in a cultural exchange
program, and agrees to comply with all of the regulations published by U.S. Department of State in 22
CFR Part 514, as the same may be amended from time to time in the future ("the Regulations”). Said
regulations can be found by visiting: http://exchanges.state.gov/jexchanges/index.html.
3. Au Pair represents that all information provided throughout the application process is true and that no
relevant information has been excluded or misrepresented in the application process and documents,
including representation of the level of English proficiency, health and/ or childcare experience. Au Pair
agrees that all such disclosures will be full and accurate, up to and through the date of departure from Au
Pair’s country of origin. Au Pair further agrees to immediately amend any disclosures should new
information become available to Au Pair in any regard or at any time of participation in the program. Au
Pair represents that s/he will personally conduct all written and phone correspondence with Host Family
during the interviewing process. Au Pair understands that exaggeration or falsification of any application
information by Au Pair, references or Originating Exchange Organization may result in immediate dismissal
from the program and return to Au Pair’s home country at Au Pair’s expense.
4. AuPairCare has the exclusive right to determine suitability of Au Pair to participate in the program both
before and during participation in the program. Au Pair agrees that in determining suitability, AuPairCare
may make inquiries to third parties about Au Pair, including but not limited to medical personnel and
insurance agencies otherwise covered by federal HIPAA regulations.
5. Au Pair is not an employee, agent or independent contractor of AuPairCare, and AuPairCare does not
exercise dominion or control over the actions of the Host Family.
B. Fees and Program Costs
6. Participation in the AuPairCare program requires Au Pair to pay a non-refundable program fee in the
amount of US $485.
7. Upon the successful completion of the program year, Au Pair will receive a bonus from AuPairCare in the
amount of US $0. "Successful completion” requires two components: the completion of Au
Pair’s Host Family homestay and completion of the coursework requirement as defined by the United
States Department of State. Failure to complete any one of these two criteria will render Au Pair ineligible
to receive a completion bonus.
8. Originating Exchange Organization may charge Au Pair additional fees to cover their administrative costs
in promoting the AuPairCare program and processing au pair applications. The fees may include, but are
not limited to, an application fee, processing fee, handling fee, and interview fee. These fees may vary
across Originating Exchange Organizations. AuPairCare assumes no duties or responsibilities for any acts
or omissions of the Originating Exchange Organization regarding additional fees.
Au Pair Name:
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9. Au Pair will be responsible for additional costs, including but not limited to, baggage check fees for arrival
and return flights, personal expenses while at the Au Pair arrival orientation, medical expenses not
covered by insurance and all incidentals and personal expenses while on the program. Au Pairs should be
prepared to cover these costs.
10. Au pair will pay all applicable fees to Originating Exchange Organization before beginning travel to this
United States. Au Pair may not under any circumstances solicit funds from Host Family for to cover
personal costs of program, including but not limited to fees due to the Originating Exchange Organization,
costs associated with securing a visa, or incidental travel costs.
11. Au Pair agrees that s/he has adequate financial resources to satisfy all obligations as an AuPairCare Au
Pair, including payment for a return flight if Au Pair does not successfully complete the program.
C. Au Pair Cancellations/Flight Change Requests
12. Au pair agrees to pay a
$300.00 USD cancellation fee,
plus the actual cost of international and/or
domestic airfare (if travel has been arranged), in the event they cancel from the program after matching
domestic airfare (if travel has been arranged), in the event they cancel from the program after matching
with a family but prior to arrival at the host family home. These fees will be added to the partner
statement the month following the au pair’s arrival.
13. Au pair agrees to pay a $500 USD change fee and any applicable airfare penalties, in the event they
request to change their arrival date. These fees will be added to the partner statement the month
following the au pair’s arrival.
D. Responsibilities
14. Au Pair understands 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.
15. Au Pair agrees to perform childcare services and light housekeeping related to childcare that shall not
exceed forty-five (45) hours per week, five and one half (5 1/2) days per week, with a maximum of ten
(10) hours per day. Au Pair will have one full weekend off per month (Friday evening to Monday
morning). If a dispute arises as to any of these limits or requirements, AuPairCare shall resolve said
dispute, and its decision shall be final.
16. Au Pair’s responsibilities will be limited to childcare and child-related tasks for the Host Family. This may
include duties such as general supervision, preparing and cleaning up after children’s meals, straightening
children’s rooms, doing children’s laundry, preparing the children for school, assisting with homework, and
being present when children are sleeping. The Au Pair’s responsibilities will not include heavy housework,
yard work or other non-child related labor for the household. If a dispute arises concerning the scope of
the Au Pair’s responsibilities, AuPairCare shall resolve said dispute, and its decision shall be final.
17. Au Pair understands that U.S. Department of State regulations prohibit Au Pair employment beyond the au
pair arrangement with the Host Family. Au Pair may not undertake any other paid work while in the U.S.,
including babysitting for Host Family for extra pay beyond the 45 hour weekly limit, babysitting for other
families, or tutoring language students.
18. Au Pair is hereby advised and understands that if there is an infant under the age of two years old in
the household, the
au pair must have 200 hours of documented experience working with children
under the age of two. Such documented experience shall be verified by AuPairCare prior to au pair
under the age of two. Such documented experience shall be verified by AuPairCare prior to au pair
placement.
19. Au Pair understands that in the event there is an infant under the age of three months in the
household, a parent or other responsible adult shall be present in the home at all times, and
Au Pair
shall not be the sole caregiver for that child at any time.
shall not be the sole caregiver for that child at any time.
20. Au Pair agrees to perform the childcare responsibilities to the best of his/ her ability, and make every
effort to act as a caring, responsible Host Family member.
E. Behavior and Comportment
Au Pair Name:
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21. Au Pair agrees to abide by Host Family rules as they are determined by the Host Family, and will behave
as a responsible member of the Host Family at all times. If a dispute arises concerning the Host Family
rules, AuPairCare shall resolve said dispute, and its decision shall be final. Au Pair understands that Host
Family is not required to provide access to a car, personal phone line, personal television, computer or
other perks.
22. If Au Pair is expected or permitted to drive the family car(s),
Au Pair will obtain a valid international
driver’s license prior to arrival in the United States. Failure to do so may result in termination from
driver’s license prior to arrival in the United States. Failure to do so may result in termination from
the program. Au Pair understands that if s/he is expected or permitted to drive the family car(s), the Host
Family must provide sufficient automobile insurance to comply with all applicable laws, and which
insurance shall in no event cover less than $10,000 in medical coverage. Au Pair will not be responsible
for payment of any automobile insurance deductibles that exceed $250 per accident. Au Pair agrees never
to use the car(s) without the express permission of Host Family or to use the car for purposes not
approved by the Host Family.
23. Au Pair agrees not to hitchhike at any time, due to the dangerous nature of hitchhiking in the United
States.
24. Au Pair agrees to exercise sound judgment and caution while participating in Internet-based communities
and social networking websites such as Facebook, Orkut, MySpace or other sites. Au Pair understands
that Host Family information, including but not limited to phone numbers, addresses, family names,
information about Host Family children, or photos of Host Family home and household members may not
be posted online by Au Pair.
25. Au Pair agrees not to buy, possess or consume any controlled or illegal substances, except those
prescribed by a physician, that are fully disclosed to Host Family.
Au Pair understands that the legal
drinking age in the United States is age 21, and that the legal ramifications of underage
drinking in the United States are serious and can result in immediate termination from the
AuPairCare program. Au Pair agrees not to consume alcoholic beverages at any time if Au Pair is under
drinking age in the United States is age 21, and that the legal ramifications of underage
drinking in the United States are serious and can result in immediate termination from the
AuPairCare program. Au Pair agrees not to consume alcoholic beverages at any time if Au Pair is under
the legal drinking age of 21. If Au Pair is of legal drinking age, Au Pair agrees not to excessively consume
alcoholic beverages at any time. Au Pair agrees never to drive an automobile after consuming alcoholic
beverages. Au Pair agrees never to consume alcoholic beverages while on duty caring for Host Family
children. As with all other terms of this Agreement, if Au Pair violates this term of the Agreement,
AuPairCare may in its sole discretion terminate Au Pair’s participation in the program and immediately
repatriate Au Pair to his/her home country at Au Pair’s expense.
26. Au Pair agrees to abide by all local, state and federal laws. If Au Pair is arrested and/or is in police
custody under suspicion of committing a crime, AuPairCare will not arrange or pay for legal assistance or
representation for Au Pair. Au Pair will be responsible for resolving any legal matters independently and
without the assistance of AuPairCare and its staff. As with all other terms of this Agreement, if Au Pair
violates this term of the Agreement, AuPairCare may in its sole discretion terminate Au Pair’s participation
in the program and immediately repatriate Au Pair to his/her home country at Au Pair’s expense.
27. Au Pair understands that the AuPairCare program is a smoke free program and agrees not to smoke while
participating in the AuPairCare program. This includes, but is expressly not limited to, smoking in or
around the Host Family home. As with all other terms of this Agreement, if Au Pair violates this term of
the Agreement, AuPairCare may in its sole discretion terminate Au Pair’s participation in the program and
immediately repatriate Au Pair to his/her home country at Au Pair’s expense.
F. Compensation and Financial Responsibility
28. Au Pair will receive room and board in the form of meals and a suitable private bedroom in Host
Family’s home, which has been approved by a local AuPairCare representative.
29. Au Pair will receive a weekly stipend in accordance with the U.S. Department of State Regulations and
those of the AuPairCare program as follows:
As of 7/23/08 As of 7/23/09
Weekly Stipend $176.85 $195.75
Au Pair Name:
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Said stipend shall be paid by the Host Family on the same mutually agreed upon day each week in the
payment method chosen by the Host Family, and cannot be withheld for any reason.
30. Au Pair will receive two weeks paid vacation, to be taken at mutually agreed upon times. Vacation
days shall accrue on the basis of one day per month from the beginning of Au Pair’s third month in the
U.S. During Au Pair's extension program, Host Family will provide 9-month and 12-month extension Au
Pair with two calendar weeks of paid vacation, to be taken at mutually agreed upon times. A 6-month
extension Au Pair will receive one calendar week of paid vacation. Vacation days shall accrue on the basis
of one day per month from the beginning of the Au Pair’s thirteenth month in the U.S. If any disputes
arise concerning vacation issues, AuPairCare shall resolve said dispute, and its decision shall be final.
31. Au Pair will receive subsidy of educational costs from the Host Family as outlined in the "Training
and Education Requirements” section of this document.
32.
Upon successful completion of the program, Au Pair will receive a return flight airline ticket
from AuPairCare to Au Pair’s home country. Au Pair will be responsible for planning and paying for travel
from AuPairCare to Au Pair’s home country. Au Pair will be responsible for planning and paying for travel
from the international destination airport to Au Pair’s final destination in home country. Au Pair
understands that in the event Au Pair does not elect to use the return air ticket provided by AuPairCare for
any reason, no refund, credit, or travel voucher will be provided.
33. Au Pair understands that in 1994, the U.S. Department of Labor determined that the au pair stipend
constitutes "wages" because an employer-employee relationship exists between the au pair and the Host
Family. Au Pair’s wages are essentially in the nature of household employment, and therefore
Au Pair is
required to file U.S. individual tax returns, even if no taxes are due.
required to file U.S. individual tax returns, even if no taxes are due.
34. Au Pair is responsible for complying with any Federal or state labor and/or income tax laws
that may apply to Au Pair. AuPairCare does not provide legal advice regarding any such laws and is not
responsible for informing Au Pair of, or overseeing compliance with, any such labor laws, including but not
limited to Worker’s Compensation laws and/or income or other tax laws which may vary from state to
state, and are subject to change from time to time.
35. Au Pair is wholly responsible for personal expenses and management of personal finances.
AuPairCare shall not be responsible for any personal bills incurred by the Au Pair or Host Family, such as
(without limitation) telephone bills, automobile expenses, travel expenses, and/or health expenses
not
covered by insurance. Accordingly, Au Pair agrees not to seek payment or assistance in recovering any
covered by insurance. Accordingly, Au Pair agrees not to seek payment or assistance in recovering any
such expenses or costs from AuPairCare.
G. Travel and Accident Insurance
36. Au Pair will receive travel and accident insurance provided by a third-party, and such coverage contains
limitations and exclusions. Au Pair agrees to review the scope of said coverage and the limitations and
exclusions contained therein prior to arrival in the United States. Said information can be accessed on
AuPairCare’s website, www.aupaircare.com. Au Pair is advised and agrees that any disputes pertaining to
coverage issues are strictly between Au Pair and the third-party insurance company, and agrees that
AuPairCare is not responsible for any coverage issues and/or disputes.
37.
Au Pair understands that pre-existing medical conditions will not be covered by the third-party
travel and accident insurance. Au Pair understands that the insurance provided does not cover the
travel and accident insurance. Au Pair understands that the insurance provided does not cover the
cost of normal dental treatment that is not due to an accident. It is therefore important for Au Pair to
receive a thorough dental examination so that no unexpected complications arise during the period of
residence abroad.
38. Au Pair represents that the medical history provided to AuPairCare is true, and gives full consent to
release all medical and psychiatric history information to potential host families.
39. If Au Pair’s medical condition changes (including pregnancy), between the time of signing this
document and Au Pair’s departure to the U.S., Au Pair understands that s/he is required to notify
AuPairCare and resubmit another Physician Verified Medical History document prior to arrival. As with all
other terms of this Agreement, if Au Pair violates this term of the Agreement, AuPairCare may in its sole
Au Pair Name:
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discretion terminate Au Pair’s participation in the program and immediately repatriate Au Pair to his/her
home country at Au Pair’s expense.
40. Au Pair agrees that AuPairCare and/or its affiliates or agents may, without liability or expense to
themselves, take whatever action they deem appropriate with regard to Au Pair’s health and safety,
including, but not limited to having Au Pair hospitalized for medical services and treatment. Au Pair
further agrees that if hospitalization is not feasible for any reason, AuPairCare and/or its affiliates or
agents may rely upon the advice and medical judgment of local medical staff in order to make a decision
as to what is in Au Pair’s best interests. Au Pair hereby gives full consent to be medically treated pursuant
to the terms of set forth herein, and/or to undergo any treatment, including but not limited to surgery,
which is determined to be necessary to Au Pair’s health and well-being during Au Pair’s stay abroad.
41. Insurance provided by AuPairCare is valid for 365 days from Au Pair’s arrival in the US and Au Pair accepts
responsibility for payment of an extension fee to receive any coverage after the 365 days.
42. Au Pair accepts full responsibility for any medical expenses which are not covered by the insurance policy
provided by AuPairCare through a third party.
43. In the event Au Pair displays a serious medical condition that in the judgment of AuPairCare prevents the
Au Pair from continuing in the program (including but not limited to mental illness, substance abuse,
eating disorders and/or pregnancy), whether said condition is pre-existing or new, Au Pair will be
terminated from the au pair program, and in AuPairCare’s sole discretion may be immediately repatriated
to his/her home country at Au Pair’s expense.
H. Training and Education Requirements
44. Au Pair agrees to complete 32 hours of training prior to arrival at Host Family home, as required by the
United States Department of State. To meet this requirement,
Au Pair will attend in full the Au Pair
Academy training program upon arrival in the United States and complete a required Pre-
Departure Project as defined by AuPairCare.
Academy training program upon arrival in the United States and complete a required Pre-
Departure Project as defined by AuPairCare.
45.
Au Pair understands that all 12-month program Au Pairs are required to attend courses of
study at an accredited U.S. post-secondary institution for a minimum of six (6) credit hours or its
study at an accredited U.S. post-secondary institution for a minimum of six (6) credit hours or its
equivalent in credit hours. Host Family will provide Au Pair with time off and provide adequate
transportation to and from the place of instruction, and will pay tuition up to a maximum of $500 per au
pair per year. Local AuPairCare Area Directors are available to provide information about this requirement
and acceptable schools; however, it is Au Pair’s responsibility to plan appropriately so that s/he is able to
fulfill the requirement.
46. Au Pair understands that all courses shall be taken at mutually agreed upon times with the Host Family.
Au Pair shall be responsible for costs associated with such educational study that exceed the amount paid
by Host Family. Au Pair agrees to submit an Education Plan at the start of the program year to outline
coursework plans. Au Pair agrees to provide documentation of coursework completion towards the end of
the program year. In the event Au Pair does not complete the educational requirement, Au Pair will not
receive a completion bonus and will be ineligible to apply for an extension of the au pair program.
I. Extension of Au Pair Program
47. Au Pair is hereby advised and understands that au pairs wishing to participate on the Extension Program
must submit their application on or before AuPairCare’s published deadline date and AuPairCare does not
guarantee that AuPairCare or the Department of State will approve any extension request or that au pairs
who choose to self-extend will match with a new Host Family.
48. Au Pair is hereby advised and understands that au pairs participating on the extension program will
receive an updated DS-2019 form that reflects the 6, 9, or 12-month program extension. Although au
pairs will have a valid DS-2019 form, the J-1 visa in his/her passport may have expired during the first
12-months of stay in the U.S. AuPairCare discourages au pair travel outside of the U.S. after the J-1 visa
expires as au pair may not be allowed re-entry to the U.S. Any travel outside the U.S. is at the au pair’s
Au Pair Name:
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own risk, and AuPairCare cannot assist Au Pair or Host Family in resolving any visa concerns they may
encounter.
49. Au Pair understands that Extension Au Pairs are required to repeat the educational component of
the program during the extension time as follows: The educational component for a 6-month extension is
not less than three (3) semester hours of academic credit or its equivalent. Host Family will contribute up
to $250 toward the educational component. The educational component for a 9 and 12-month extension
is not less than six (6) semester hours of academic credit or its equivalent. Host Family will contribute up
to $500 toward the educational component.
J. Problem Resolution and Placement Changes
50. Au Pair is living as a member of a Host Family and is not under continual oversight or control of
AuPairCare staff. Therefore, it is Au Pair’s responsibility to promptly advise AuPairCare of any significant
problems or events that occur during the program, including but not limited to Au Pair’s health, safety,
welfare, or adjustment to family, culture, or languages. For purposes of this Agreement, a "significant
event or problem” is any change in Au Pair’s circumstance that may affect an au pair’s well-being and/or
living situation.
51. Au Pair is hereby advised and understands that
AuPairCare requires an initial adjustment period of
60 days following Au Pair’s arrival before any placement change is considered; however, any
60 days following Au Pair’s arrival before any placement change is considered; however, any
decision regarding Au Pair removal is at AuPairCare’s sole discretion and can be made at any time.
52. Au Pair should notify the local AuPairCare representative of any misunderstandings or problems with the
Host Family if they persist after Au Pair has tried to address them with Host Family. AuPairCare will work
with both Au Pair and Host Family to attempt to resolve the problem before authorizing a placement
change.
Au Pair must show a sustained good faith effort to resolve the issues with Host Family
before AuPairCare will approve an Au Pair’s request for a placement change. If Au Pair does not
before AuPairCare will approve an Au Pair’s request for a placement change. If Au Pair does not
make a good faith and substantial effort to resolve the problems or misunderstandings with Host Family,
or if Au Pair violates any terms of this Agreement, AuPairCare may in its sole discretion terminate the Au
Pair’s participation in the program and immediately repatriate Au Pair to his/her home country at Au Pair’s
expense.
53. Au Pair understands that the nature of the au pair program is one of flexibility and cultural exchange, and
that placement changes may not be requested in order to achieve a preferred work schedule, location, or
perks provided by Host Family. Once Au Pair agrees to match with a Host Family, Au Pair has in effect
agreed to that Host Family’s required schedule, location and benefits provided by the Host Family to Au
Pair. Au Pair agrees to remain flexible in order to continually meet Host Family needs as they evolve over
the course of the program year.
Changes in Host Family needs do not constitute grounds for Au
Pair to request a placement change.
Pair to request a placement change.
54. In the event Au Pair’s first placement is not successful, and AuPairCare determines in its sole judgment
that Au Pair shall be placed in a new family,
Au Pair agrees to cooperate with AuPairCare during the
entire re-matching process, including but not limited to ensuring that potential new Host Families can
entire re-matching process, including but not limited to ensuring that potential new Host Families can
easily reach Au Pair by e-mail and phone in a timely manner to arrange interviews. Au Pair is hereby
advised and agrees that a replacement Host Family will be provided at the sole discretion of AuPairCare
and may be dependent upon current Host Family availability. A replacement Host Family may not be
available. In the event that AuPairCare is unable to provide a replacement Host Family within 14 days
from the end of the first placement, Au Pair’s participation in the program will end and Au Pair will have to
return home at his/her personal expense and Au Pair will forfeit the Completion Bonus.
55. If the Host Family is willing to house Au Pair until she or he is re-matched, and AuPairCare, in its sole
discretion, determines that under the circumstances it would be reasonable for Au Pair to remain in the
home, but the Au Pair refuses to stay with the family, Au Pair will be required to pay a $25.00 per day
housing stipend to the party who houses him/her, typically an AuPairCare field staff member.
56. If Au Pair deserts the host family home without notice to AuPairCare and/ or Host Family and does not
contact AuPairCare within 24 hours from departure, Au Pair may be subject to dismissal from the
program, and Au Pair may be immediately repatriated to his/her home country at Au Pair’s expense.
Au Pair Name:
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57.
In the event Au Pair does not successfully complete the program year, Au Pair is responsible
for his/her return travel expenses.
for his/her return travel expenses.
58. AuPairCare is not responsible for any economic damage or loss alleged to arise from loss of or
unavailability of a replacement Host Family.
59. Au Pair agrees that any decision regarding an au pair’s program status, dismissal, or re-placement will be
made at the sole discretion of AuPairCare, and said decisions shall be considered final.
60. In the event of accident or serious illness or medical condition that, in the judgment of AuPairCare,
prevents Au Pair from continuing her/his duties, she/he will end the program early and return home.
K. Other Terms and Conditions
61. Au Pair agrees to leave the United States within 30 days of the conclusion or termination of his/her
program. Au Pair understands that any stay beyond the 30-day grace period is a direct breach of the
Regulations of the Department of State, and that Au Pair’s future ability to travel, work or live in the
United States may be compromised.
62. Au Pair agrees not to enter into any kind of contractual agreement during the program year in the United
States, including but not limited to business, employment, marital or religious contracts.
63. Au Pair consents and authorizes AuPairCare to use Au Pair’s name, photograph, file, application content or
video likeness of Au Pair or any comments or statements from host in materials or publications to promote
the AuPairCare program.
64. Au Pair understands that AuPairCare is not a party to any agreement between Au Pair and the Originating
Exchange Organization located in Au Pair’s home country ("Originating Exchange Organization”). Au Pair
acknowledges and agrees that the Originating Exchange Organization is solely responsible to Au Pair for
injury or damage from a violation of any such agreement. AuPairCare assumes no duties or
responsibilities for any acts or omissions of the Originating Exchange Organization.
65. Au Pair agrees not to post any Host Family personal information, images or video online or in publicly
accessible areas at any time, including before, during or after duration of official program year.
66. Au Pair understands that AuPairCare will make its best, reasonable and diligent efforts at locating and
screening all Host Families. Au Pair agrees to assume the risks involved in the matching with a Host
Family, and hereby irrevocably, unconditionally, and fully waives, releases and forever discharges
AuPairCare, its subsidiaries, officers, employees, and/or agents from any and all claims related to personal
and/or property damage, injury, loss, delay or expense incurred by Au Pair or any guest, employee or
agent, due to:
(i) events beyond AuPairCare’s reasonable control, including without limitation acts of God, acts of war or
government actions or restrictions.
(ii) any events and/or acts directly or indirectly caused by any intentional or negligent acts or omissions at
any time, in whole or in part, by any Au Pair and/or Host Family or by any third party, including but not
limited to any member, guest, employee or agent of the Host Family or other persons in the host country,
even if AuPairCare’s negligence is alleged to have contributed to the event,
(iii) risks associated with foreign travel and living abroad, including but not limited to risks associated with
health care services, living conditions, sanitation conditions, road and transportation systems, criminal
justice systems, civil liberty laws, customs and values,
(iv) any differences in the living conditions and standards between Au Pair’s home and home country and
the host home and host country, and,
(v) any act or omission of the Originating Exchange Organization.
Au Pair Name:
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In this respect, Au Pair acknowledges that neither Host Family nor Au Pair are an employee or agent of
AuPairCare and actions or omissions of Au Pair or Host Family are not to be attributed in any way to
AuPairCare. Au Pair fully agrees to assume all such risks and agrees to indemnify and hold harmless
AuPairCare, its subsidiaries, officers, employees and/or agents for any liability or expense, including court
costs and legal fees incurred, that Au Pair has in any way caused or contributed to, whether directly or
indirectly, and whether intentionally or unintentionally.
67. This Agreement shall be deemed to have been made in the State of California, U.S., and its validity,
construction, breach, performance and interpretation shall be governed by the laws of the State of
California, U.S.
68. The parties to the Agreement acknowledge and agree that any dispute or claim arising out of this
Agreement, including but not limited to any resulting or related transaction or the relationship of the
parties, shall be decided by neutral, exclusive and binding arbitration in San Francisco, California, U.S.
before an arbitration provider selected by AuPairCare, upon the petition of either party.
In such proceeding, the parties may utilize subpoenas and have discovery as provided in California Code
of Civil Procedure Sections 1282.6, 1283 and 1283.05. The decision of the arbitrator shall be final and
binding and may be enforced in any court of competent jurisdiction. Au Pair agrees that California is a fair
and reasonable venue for resolution of any such dispute and it submits to jurisdiction of the Courts of the
State of California because, among other reasons, this agreement was negotiated in large part in
California, and AuPairCare is domiciled in California.
In the event that the arbitration clause is deemed void or inapplicable, each party expressly consents to
and submits to the personal jurisdiction of the federal or state court(s) of San Francisco County,
California, U.S. In any action, including arbitration, brought for breach of this Agreement, the prevailing
party shall be entitled to recover reasonable attorney’s fees and costs, including but not limited to the
costs of arbitration
69. If there are any differences between this Agreement and any other program materials, this Agreement
shall control. AuPairCare cannot be legally bound or committed by any person other than a duly
authorized representative. Parties are required to follow this Agreement and cannot vary from its terms.
70. An electronic or facsimile signature on this Agreement shall be considered the same as an original.
I promise that the information I have given in the application form completed by me is
accurate, I have read this entire agreement carefully, and I have had the opportunity to ask
questions, obtain advice as to its meaning, and I understand it. I am capable of reading and
understanding this agreement in English. I do not rely on any promises, statements or
representations that are not expressly stated in this Agreement. I have retained a copy of this
Agreement for my files.
My signature below indicates acceptance of the terms of this Agreement, and is legally binding.
No alteration of the terms of this Agreement will be valid unless approved by AuPairCare in
writing.
AU PAIR NAME (PRINT):
AU PAIR NAME (SIGNATURE):
DATE:
