Terms of Use These Terms of Use apply to www.tammygold.com or any related domains and services sought, rendered, resulting or provided by Gold Parent Coaching, LLC, a Delaware Limited Liability Company, (hereafter “Company”, or “GPC”). We reserve the right to modify or change these Terms of Use or our website at any time without prior notice. If changes are made, we will make an effort to inform you (“You” or “Client” or “Family Care Provider”) of any changes, and all changes will be updated on the website.

Content

All content (logos, text, audio, video, etc.) is copyrighted by GPC and may not be used without the express, written consent of GPC, except as allowed by fair use principals under United States copyright laws. GPC does not claim copyright protection for content that is part of the public domain, content licensed to GPC, or any other content not created by GPC or content otherwise not protectable by copyright.

Communicating With Us

By using email or other forms of electronic messaging you agree to continue communications via electronic means. Further, you assume the risk that electronic messaging may not be secure and can be misdirected. To that end, we will not send personal information to you via electronic messaging unless you request we send your personal information via electronic means. You may request communication be completed over the telephone or by postal mail.

Use Of Our Services – For Families

By continuing to use GPC and its websites you agree that you have read these Terms of Use and agree to these Terms of Use. You also agree that your continued use of the website after any modifications to these Terms of Use is consent to the modified terms. If you do not agree to these Terms of Use, then do not use this website and provide a written email to us to discontinue use.

GPC is in the business of providing referrals of pre-screened Family Care Providers to client families and corporations (“Clients”), primarily to members of our network.

The use of the GPC websites is generally to book prospective Family Care Providers that GPC and recommends to member Families (hereafter, “Client”). The final choice of Family Care Provider and job conditions lies solely with Client; GPC is solely a recommendation and booking engine. Through use of our platform and related services, Client understands and hereby agrees:

  • That Company does not employ, engage or compensate the Family Care Providers. Company is a pre-screening and referral service only.
  • It is Client’s responsibility to evaluate, engage, and compensate the Family Care Provider for services rendered, reimbursement of expenses, and any other fees or payments negotiated between Client and the Family Care Provider. The dates and hours in which services will be rendered are entirely within the control of the Client.
  • The Family Care Provider will not be considered an employee of Company for any purpose. Neither Family Care Provider nor Company have the authority to act as agent for, incur liability on behalf of, nor make any agreement on behalf of the other party.
  • The Company does not guarantee a Family Care Provider. The Company does their best to make every placement in a timing manner, but if a Family Care Provider is not available no placement will be made.
  • Client agrees to indemnify and hold harmless Company from and against any and all liability, claims, losses, demands, injuries, expenses and causes of action (including reasonable attorneys’ and paralegal fees) resulting from or arising in connection with the negligent or willful act or omission of Client or Family Care Provider in the performance of their obligations under this Agreement including but not limited to all claims which may be made or asserted by any third party who may be a recipient of the services provided hereunder but is not a party to this Agreement.
  • If within one year from the date of applying to GPC the Client hires any Family Care Provider introduced to the Client by GPC the client shall be obligated to pay GPC applicable placement fees associated with the hire.

We reserve the right to terminate your membership, account or refuse service at our discretion. Client must provide GPC with accurate information about your Family and its preferences including information in your Family profile.

You agree that the governing law for any disputes is the laws of the State of New York in the United States, excluding conflicts of law principles. You further agree that any disputes must be submitted to the jurisdiction of any competent court in a county that GPC is registered in with the proper state authorities. These Terms of Use represent the entire and complete Terms of Use for GPC, other terms apply to the use of GPC services.

Should any portion or provision of the Terms of Use be found to be invalid, illegal, or unenforceable by a court with proper jurisdiction, then that provision is stricken from the Terms of Use and all other provisions remain valid and enforceable, and these Terms of Use remain in effect.

All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use our website. If you are a minor, you must have your parent or guardian read and agree to these Terms of Use prior to using our website.

Use Of Our Services – For Family Care Providers

Family Care Provider agrees they do not provide services to GPC (“Company”). Family Care Provider only provides services to Clients, and only receives payment for services from Clients. Family Care Provider will not be paid for services rendered, reimbursement of expenses, or any other fees or payments by Company. Family Care Provider alone is responsible for collecting funds from clients. The services provided by and the hours devoted by the Family Care Provider to work on any given day will be entirely within the control of Family Care Provider.

Family Care Provider will not be considered an employee of Company for any purpose. Neither Family Care Provider nor Company have the authority to act as agent for, incur liability on behalf of, or make any agreement on behalf of the other party. Family Care Provider hereby expressly retains the right to control the method and manner of performing its duties, and retains the sole risk of loss for its services. Family Care Provider will personally provide all services under this contract, and may not assign, delegate or otherwise transfer the performance of their personal services to any other Family Care Provider or family care services provider. Accordingly, Company does not provide benefits, workers compensation, unemployment or any other benefit of employment including providing tax forms.

Family Care providers will be required to pass one or more than one background check at their own expense. The Family Care Provider agrees that a copy of their background check will be available via download to any family that is sent their public profile. This expense will not be reimbursed by Company. Family Care Provider is not guaranteed placement by the Company. If placed, and in the course of performing services for clients or receiving information from Company, the Parties understand that Family Care Provider may acquire information which is confidential and/or proprietary trade secrets of the Company. Family Care Provider agrees to keep all such information confidential, to not provide such information to anyone other than the Company, and to not use this information for business advantage. Family Care Provider further understands that GPC client lists may be considered a trade secret and that the use of or divulging of trade secrets may be a violation of state law. Family Care Provider may not work for a client of the Company except as arranged through the Company.

Family Care Provider agrees to indemnify and hold harmless Company from and against any and all liability, claims, losses, demands, injuries, expenses and causes of action (including reasonable attorneys’ and paralegal fees) resulting from or arising in connection with the negligent or willful act or omission of Family Care Provider in the performance of their obligations under this Agreement including but not limited to all claims which may be made or asserted by any third party who may be a recipient of the services provided hereunder but is not a party to this Agreement.

Liability – General

You agree to hold harmless GPC, for any damages caused by Family Care Provider working as a domestic for Family. Client hereby acknowledges that GPC is solely a recommendation and booking engine serving only as placement agent among Family Care Provider and Client.

You hereby agree that GPC is not to be held responsible for any type of property damage (to your car or a third party’s car, or any other property) or bodily injury or death (to either occupants of your car or another car) resulting from Family Care Providers using your vehicle or other assets. It is against GPC policy for Family Care Providers to use their own vehicles, and if you choose to allow a Family Care Provider to drive your vehicle, or drive any vehicle while working for you, GPC cannot be held liable for any results of your choice to do so.

GPC disclaims all liability with respect to its obligations under this agreement or otherwise for consequential, exemplary, special, incidental, or punitive damages suffered or sustained whether arising under contract tort or any other theory, and expressly disclaims any warranties, including warranties of merchantability or fitness for a particular purpose. In any event, GPC’s liability to Client for any and all claims, losses, expenses or damages, including attorneys’ fees and costs, any reason and upon any cause of action shall be limited to the net amount actually paid to GPC by the family during the twelve (12) months immediately preceding the date on which such claim accrued. This limitation applies to all causes of action in the aggregate, including without limitation, breach of contract, breach of warranty, negligence, strict liability, misrepresentation, and other torts.

The Client hereby releases and forever discharges GPC from any and all claims, demands, debts, damages, and causes of action of any and every nature whatsoever, whether known or unknown, arising out of or related to the Services. The Parties agree and fully intend that the foregoing release is valid, effective, binding, and enforceable in accordance with its terms, notwithstanding the possibility that the Client may hereafter discover facts that, if such facts had been known by him or her as of the time of execution of these terms, might have materially affected his or her decision to enter into this agreement. Accordingly, the Client hereby intentionally and voluntarily waives the benefits of any state or federal statute, law, or rule that would provide to the contrary. Furthermore, the Client agrees to indemnify, defend and hold GPC, its officers, directors, employees, contractors and agents harmless from any and all liabilities, claims, actions and causes of action whatsoever arising out of or in any way connected with either the Services or subsequent action or performance of the Family Care Provider. Additionally, in the event GPC is named as a defendant in a lawsuit involving the Family Care Provider, the Client, or any other person, arising out of the Family Care Provider’s negligence, malfeasance, nonfeasance or willful misconduct, the Client agrees to indemnify GPC and pay all of GPC’s costs and attorneys’ fees.

Payment

For Nanny Services the family agrees that if any Family Care Provider referred to you by GPC is hired pursuant to the terms of the Agreement, you shall pay a fee of 15.5% of the first year annual gross salary regardless of whether the Family Care Provider serves for an entire year or you shall pay a fee of 20% of the total gross salary for a temporary placement. The fee shall be paid in full on the day that the Family Care Provider commences employment.

Guarantee

The Company does not guarantee a Family Care Provider. The Company does their best to make every placement in a timely manner, but if a Family Care Provider is not available no placement will be made.

Given that a Family Care Provider placement by Company is not guaranteed, in the case that a placement is not made the Client will be charged per the terms of the Agreement.

Termination

For Clients: The Company reserves the right to terminate your membership, account or refuse service at our discretion. Client must provide GPC with accurate information about your Family and its preferences including information in your Family profile.

For Family Care Providers: The Company does not guarantee that the Family Care Provider’s acceptance will result in his/her being hired by a prospective family and The Company is not responsible for any employment decisions made by any employer. The Company is not an employer; we are a caregiver placement service. The Company reserves the right to terminate Family Care Providers at any time.

Contact Us

If you have any questions or comments about the Services, contact us at info@tammygold.com.