No Direct Hire Agreement

This No Direct Hire Agreement is made in San Diego County, California, by and between Anita’s Housekeeping Referral Agency (hereinafter referred to as “Anita’s”), and, you (hereinafter referred to as “Client”).

RECITALS

ANITA’S is a referral agency in the business of assisting clients seeking domestic services and in registering domestic workers (“Service Providers”) for job referrals, in accordance with California Civil Code §1812.501(h).  Anita’s operates in a manner consistent with the California Civil Code “Employment Agency, Employment Counseling and Job Listing Services Act.”

CLIENT has requested Anita’s services to identify potential Service Providers to provide domestic services to Client at Premises. Anita’s Housekeeping Referral Agency is not the employer of the domestic worker it referred to you. The domestic worker may be your employee or an independent contractor depending on the relationship you have with him or her. If you direct and control the manner and means by which the domestic worker performs his or her work you may have employer responsibilities, including employment taxes and workers’ compensation, under state and federal law. For additional information contact your local Employment Development Department and the Internal Revenue Service.

TERMS AND CONDITIONS

1. Forewarning is fair warning: Client agrees not to directly engage the services of any referred Service Provider during the term of this Agreement and for a period of nine (9) months after termination of services without informing Anita’s of the scheduled services. Should services commence or additional services be provided without informing Anita’s, Client agrees to pay Anita’s $5,000 as a finder’s fee. Client understands and agrees that, to the maximum extent allowed by law, all information and materials about the housekeepers referred by Anita’s are to be kept strictly confidential and are to be used only in conjunction with Anita’s referral services. Client agrees not to refer to others any housekeeper presented by Anita’s without full consent of Anita’s. If Client provides candidate information to another party who hires or otherwise engages a referred worker without compensating Anita’s in full for the referral, Client will be responsible for paying Anita’s full fees as stated in this Agreement as if Anita’s had placed the referred Domestic Worker with Client.
2. Acceptance of Terms: Client understands and agrees that Client’s engagement or utilization of the services of a Service Provider referred by Anita’s will constitute Client’s acceptance of the terms and conditions of this Agreement even if Client does not return this executed Agreement to Anita’s.
3. Attorney’s Fees: Client agrees to pay all reasonable costs, including, but not limited to, attorney’s fees incurred by the Anita’s to enforce this Agreement.
4. Contact Information: If you have any questions regarding this Agreement, please contact us at [email protected] or by mail at the address below:

I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE CLIENT SERVICE AGREEMENT AND AGREE THAT MY USE OF ANITA’S HOUSEKEEPING REFERRAL AGENCY IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.

Last updated: April 12, 2023