США. СОГЛАШЕНИЕ для AU PAIRS..

(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)

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.

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.

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.

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.

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.

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

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

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.

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.

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

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.

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

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.

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

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

covered by insurance. Accordingly, Au Pair agrees not to seek payment or assistance in recovering any

such expenses or costs from AuPairCare.

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.

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

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.

44. Au Pair agrees to complete 32 hours of training prior to arrival at Host Family home, as required by the

Academy training program upon arrival in the United States and complete a required Pre-

Departure Project as defined by AuPairCare.

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.

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

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.

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.

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

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

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

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.

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.

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.

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.

AU PAIR NAME (PRINT):

AU PAIR NAME (SIGNATURE):