TENDED CLIENT AGREEMENT & TERMS OF SERVICE
Effective Date: May 2026
Last Updated: August 11, 2026
This Client Agreement and Terms of Service ("Terms") govern services provided by Tended LLC ("Tended," "we," "our," or "us").
By submitting a questionnaire, paying a fee, accepting a written service or fee agreement, requesting or accepting an Introduction, participating in an interview or paid Trial, hiring or engaging a Caregiver introduced through Tended, or otherwise participating in Tended's placement process, you agree to these Terms.
These Terms apply to Families and Caregivers unless otherwise stated.
Tended's goal is to foster thoughtful, transparent, and professionally supported caregiving relationships. These Terms establish clear expectations, protect both Families and Caregivers, and support thoughtful, sustainable Placements.
1. Tended's Role
Tended is a referral and placement-support service that introduces Families and Caregivers for childcare and childcare-related household-support roles.
Depending on the engagement, Tended may provide intake and role-development support, candidate sourcing, matching recommendations, Introductions, Tended Fit Verification™, interview guidance, paid-Trial coordination, reference conversations, screening coordination, onboarding support, educational resources, and communication guidance.
Tended is not the employer, joint employer, staffing agency, supervisor, or manager of any Caregiver and does not direct or control a Caregiver's work after Placement.
Families and Caregivers independently decide whether to interview, participate in a Trial, hire, accept employment, continue employment, modify a role, or end their working relationship. All employment decisions and obligations—including hiring, compensation, scheduling, supervision, payroll, taxes, insurance, workplace safety, legal compliance, discipline, and termination—remain solely between the Family and Caregiver.
Tended makes recommendations and Introductions based on information reasonably available at the time, relying on information provided by Families, Caregivers, references, governmental agencies, and third-party providers.
Although Tended may review references, coordinate screening, verify certain credentials, request supporting documentation, or conduct its own interview and matching process, Tended cannot independently verify every representation, omission, household condition, safety concern, or future event and does not guarantee the completeness or accuracy of information provided by others.
2. Definitions
Family — An individual, parent, guardian, or household seeking childcare or childcare-related household support through Tended.
Caregiver — A nanny, babysitter, newborn care specialist, family assistant, household manager, doula, or other childcare-related professional introduced through Tended.
Introduction — Any instance in which Tended shares a profile, résumé, reference, contact information, or otherwise facilitates communication between a Family and Caregiver.
Trial — A temporary paid working period used to evaluate mutual fit, however described, including a Trial, working interview, playdate, or trial-to-hire period.
Placement — Occurs when a Family and Caregiver introduced through Tended mutually agree to move forward with paid work or an ongoing role, including full-time, part-time, temporary, live-in, live-out, or trial-to-hire work.
Projected First-Year Gross Compensation — The total gross compensation reasonably expected during the first twelve months of employment, based on the agreed hourly rate, regular schedule, guaranteed hours, regularly anticipated overtime, salary, and other guaranteed compensation.
Placement Support Period — The period following a Caregiver's official start date during which an eligible Placement may receive the post-placement services and Replacement Search Protection described in Section 5. Unless otherwise agreed in writing, the standard Placement Support Period is sixty (60) calendar days.
Replacement Search — A complimentary reopening of the original role following the early end of an eligible Placement, subject to the eligibility requirements, limitations, duration, and exclusions in Section 5. A Replacement Search is a professional search effort and is not a guarantee of candidate availability or another Placement.
Material Information — Information a reasonable Family, Caregiver, or placement professional would consider important in evaluating, recommending, accepting, continuing, or safely performing a Placement, including information relating to the role, children, household, responsibilities, schedule, compensation, working conditions, caregiver safety, significant behavioral concerns, prior caregiver experiences, and any circumstance that materially changes the nature, difficulty, support requirements, or risk of the position.
Material Information generally includes known patterns, recurring behaviors, significant incidents, or support needs—not isolated, developmentally typical childhood behavior that would not reasonably affect a Caregiver's decision or ability to perform the role.
3. Family Consultation & Engagement Fee
A non-refundable $500 Family Consultation & Engagement Fee is required to begin Tended's consultation and placement process, unless waived or modified in writing.
The fee covers Tended's initial review of the Family's questionnaire and care needs; a deeper Family Consultation; role definition and refinement; assessment of schedule, responsibilities, compensation, priorities, and caregiver-fit criteria; creation of the Family Role Profile; preparation and initial work required to thoughtfully begin the search; and Tended's time and expertise in determining whether and how the role can responsibly be supported through Tended.
The Family Consultation & Engagement Fee is earned upon payment, is separate from and is not credited toward any Placement Fee, and does not guarantee an Introduction, interview, Trial, candidate availability, or Placement.
Payment of the fee does not obligate Tended to accept or continue an engagement if Tended determines that the role or Family is not an appropriate fit for its services.
Tended does not charge Caregivers a fee to apply, register, or be considered for placement opportunities.
4. Placement Fees and Payment
Placement Fee
Unless otherwise agreed in writing, Tended's Placement Fee is 10% of the Caregiver's Projected First-Year Gross Compensation, subject to a minimum Placement Fee of $5,000.
A written service, fee, or placement agreement may establish a different Placement Fee for a particular engagement.
If compensation, schedule, guaranteed hours, or regularly anticipated overtime changes before the Caregiver's start date, Tended may recalculate a percentage-based Placement Fee.
Tended may update pricing for future engagements at any time. A change in pricing does not affect the fee already agreed to for an existing Placement.
When the Fee Is Earned
The Placement Fee is fully earned when a Family and Caregiver introduced through Tended mutually agree to move forward with a Placement, regardless of the official start date.
The Placement Fee remains earned and payable even if the start date is delayed, the role terms change later, either party subsequently changes their mind, the Family decides not to proceed after accepting, or the working relationship ends before or shortly after the start date.
The Placement Fee compensates Tended for services rendered through the placement process. It is not payment for a guaranteed duration or outcome of employment.
Payment
The Placement Fee is due within three (3) business days after the Family and Caregiver agree to move forward, via Tended's designated Stripe payment method or another method approved in writing by Tended.
Failure to pay is a material breach of these Terms. Tended may suspend services and pursue reasonable collection costs and lawful interest on unpaid balances.
Refunds and Discretionary Accommodations
The Family Consultation & Engagement Fee and the Placement Fee are separate, non-refundable fees once earned.
The Family Consultation & Engagement Fee is not credited toward the Placement Fee unless Tended expressly agrees otherwise in writing.
Placement Support and Replacement Search Protection are the remedies Tended may provide for an eligible early-ended Placement as described in Section 5. They do not create a right to a refund.
At its sole discretion, Tended may offer a goodwill refund, credit, extended support, or other accommodation. Any such accommodation is voluntary and case-specific, is not an admission of fault or failure to perform, does not amend these Terms, and does not create a precedent or right to any future refund, credit, or remedy.
5. Placement Support & Replacement Search Protection
5.1 Placement Support Period
Unless otherwise agreed in writing, eligible Placements include a sixty (60) calendar day Placement Support Period beginning on the Caregiver's official start date.
Placement Support is intended to help the Family and Caregiver establish a strong foundation in the early stages of the working relationship.
Depending on the engagement and circumstances, Placement Support may include scheduled check-ins, clarification of expectations, communication guidance, transition support, educational resources, or other reasonable placement-related guidance within Tended's scope.
Placement Support is not unlimited coaching, mediation, management of the employment relationship, or on-demand availability. Tended determines the nature, frequency, and method of support reasonably appropriate to the circumstances and applicable engagement.
Placement Support does not extend or restart merely because a concern is raised during the Placement Support Period.
Unless Tended agrees otherwise in writing, eligibility for Replacement Search Protection requires that the original Placement actually end within the applicable Placement Support Period.
5.2 Replacement Search Eligibility
If an eligible Placement ends during the applicable Placement Support Period, Tended may provide one complimentary Replacement Search for the original role without charging an additional Placement Fee, provided that the Family:
has paid all amounts owed to Tended;
has complied with these Terms and the agreed role terms;
has provided complete, accurate, and timely Material Information;
has maintained substantially the same role, schedule, responsibilities, compensation structure, location, and support needs as originally presented;
has communicated reasonably and participated in the placement and support process in good faith;
promptly informed Tended of material concerns that arose during the Placement Support Period;
notifies Tended within five (5) business days if the Placement ends unexpectedly; and
otherwise remains eligible under these Terms.
When reasonably practicable, Families are expected to raise material concerns with Tended before ending a Placement so that reasonable transition or communication support may be considered.
However, nothing in these Terms requires a Family or Caregiver to remain in a working relationship they choose to end or in circumstances they reasonably believe are unsafe.
If a Placement ends after the applicable Placement Support Period has expired, Replacement Search Protection does not apply, even if concerns first arose during the Placement Support Period, unless Tended expressly agrees otherwise in writing.
5.3 Scope of a Replacement Search
An approved Replacement Search means Tended will reopen the original role, revisit the Family's needs and circumstances surrounding the ended Placement, resume reasonable sourcing and matching efforts, evaluate prospective Caregivers, and make additional Introductions as suitable candidates become available.
A Replacement Search does not guarantee:
any minimum number of candidates or Introductions;
candidate availability within a particular timeframe;
that any candidate will accept an interview, Trial, offer, or Placement;
that the Family will choose to hire any candidate; or
that Tended will successfully make another Placement.
Tended will never be required to introduce a Caregiver merely to satisfy a candidate count, timeline, or other numerical expectation where Tended does not believe the Introduction is appropriate.
5.4 Duration of a Replacement Search
An approved Replacement Search remains active for up to sixty (60) calendar days from the date Tended confirms in writing that the Replacement Search has begun.
The Replacement Search concludes earlier if:
the Family hires or engages a replacement Caregiver introduced through Tended;
the Family hires or engages another caregiver independently;
the Family pauses, withdraws, or otherwise ceases actively participating in the search;
the role materially changes;
the Family fails to respond or participate reasonably in the process;
amounts owed to Tended remain unpaid;
the Family becomes ineligible under these Terms; or
Tended reasonably determines that continued services are no longer safe, appropriate, consistent with Tended's standards, or in the best interests of the Family, Caregiver, children, or Tended.
If the Replacement Search period expires without another Placement, Tended's complimentary Replacement Search obligation ends.
Any subsequent search is a new engagement and may require a new Family Consultation & Engagement Fee and Placement Fee at Tended's then-current rates.
5.5 When Placement Support or Replacement Search Protection Does Not Apply
Tended may decline, suspend, discontinue, or determine that a Placement is ineligible for Placement Support or Replacement Search Protection when:
either party materially violates these Terms or circumvents Tended;
Material Information was omitted, minimized, inaccurately disclosed, or untimely disclosed;
the Family failed to promptly disclose known material concerns during the Placement Support Period;
a material safety, hostile, discriminatory, abusive, or unlawful condition exists;
the role, schedule, location, responsibilities, compensation, guaranteed hours, household expectations, or care needs materially change after acceptance;
the Family no longer requires substantially the same role;
the Family or Caregiver materially fails to communicate or cooperate reasonably;
the Family fails to satisfy employment, payroll, compensation, workplace-safety, or other legal obligations;
amounts owed to Tended remain unpaid;
the role falls outside Tended's scope or network;
the Family independently hires or engages another caregiver;
the circumstances requiring a new search are materially different from those presented during the original search; or
Tended reasonably determines that continued support is not safe, appropriate, sustainable, consistent with Tended's standards, or in the best interests of the Family, Caregiver, children, or Tended.
If a role materially changes, Tended may treat the matter as a new search subject to a new agreement and applicable fees.
5.6 No Warranty or Employment Guarantee
Placement Support and Replacement Search Protection are not refunds, warranties, guarantees of continued employment, or guarantees of another Placement.
Tended cannot eliminate the inherent uncertainty of employment, interpersonal fit, child development, household circumstances, caregiver availability, or future behavior.
Tended stands behind its placement process by providing the defined support described in this Section, while Families and Caregivers remain responsible for their independent employment decisions and relationship.
6. Family Disclosure of Material Information
Successful placements depend on complete, accurate, and timely communication.
Families represent and acknowledge that they have disclosed all known Material Information relating to the children, household, role, responsibilities, and working environment—including anything that could reasonably affect caregiver safety, a Caregiver's decision to accept or continue a role, or the scope, difficulty, or sustainability of the Placement.
As part of Tended's intake process, Families may be asked to provide additional information regarding a child's developmental, medical, emotional, or behavioral support needs, household dynamics, prior caregiving experiences, or other Material Information reasonably necessary to evaluate, present, or support a Placement.
Families acknowledge that Tended reasonably relies upon information provided during the intake, interview, Trial, and placement process when making recommendations and providing services under these Terms.
Material Information may include, when known and applicable, any history, recurring pattern, significant incident, or ongoing support need involving:
physical aggression;
repeated verbal aggression, threats, or intimidation;
throwing objects at or near a person;
elopement or leaving caregiver supervision;
use or threatened use of a weapon or dangerous object;
significant property destruction;
self-injury or other crisis behavior;
prior injury involving a Caregiver or other person;
a prior Caregiver's resignation, termination, or safety concern;
a crisis, behavioral, or safety plan;
police, emergency, hospitalization, or crisis-team involvement;
a need for specialized supervision, physical intervention, restraint, or clinical oversight; or
any other circumstance a reasonable Caregiver or placement professional would consider important.
A diagnosis or general description—such as ADHD, autism, PDA, anxiety, sensory differences, neurodivergence, or "high needs"—does not, on its own, communicate the day-to-day support needs of a role.
Families are responsible for disclosing known patterns, recurring behaviors, significant incidents, triggers, successful support strategies, and other Material Information that a reasonable Caregiver or placement professional would consider important in evaluating, accepting, or safely performing the role.
Families should not assume Tended or a Caregiver will infer a child's specific needs, support requirements, or potential safety considerations from a diagnosis alone.
Continuing Duty to Disclose
Families agree to promptly notify Tended—and, once employed, their Caregiver—of any new or materially changed information that could reasonably affect the role, a Caregiver's decision to accept or continue the Placement, or the safety, support needs, or working conditions of the household.
This includes any significant incident, escalation, new diagnosis, treatment recommendation, safety plan, or other Material Information that arises before or during a Placement.
Incomplete, inaccurate, minimized, or untimely disclosure may affect Tended's ability to make appropriate Introductions, continue supporting a Placement, or provide Replacement Search Protection.
Tended may withdraw or decline candidates, pause or discontinue services, end Placement Support, deny Replacement Search Protection, deny discretionary refunds or credits, decline future services, or take any other action permitted under these Terms.
To the extent permitted by law, Families remain responsible for claims, losses, or expenses arising from their failure to disclose Material Information.
7. Scope of Care and Specialized Roles
Tended proudly supports many Families whose children have developmental, behavioral, medical, emotional, or neurodivergent support needs.
Every child and every family is different, and thoughtful disclosure helps Tended determine whether a role falls within its scope and identify Caregivers who feel informed, prepared, and genuinely interested in the opportunity.
Not every role requiring additional support falls outside Tended's scope. Thoughtful disclosure allows Tended to determine whether the role can responsibly be supported and presented to appropriately experienced Caregivers.
Tended does not diagnose, assess, treat, or manage medical, psychological, developmental, behavioral, or psychiatric conditions.
A Caregiver is not expected to provide clinical, therapeutic, behavioral-treatment, or physical-intervention services unless separately qualified, fully informed, and legally permitted to do so.
Tended reserves the right to determine whether a role falls within the services it elects to provide.
8. Anti-Circumvention
For twelve (12) months following an Introduction, a Family may not directly or indirectly hire, employ, engage, retain, contract with, Trial, refer for paid work, or otherwise arrange compensation for an introduced Caregiver outside Tended's process without payment of the applicable Placement Fee.
Likewise, a Caregiver may not directly or indirectly accept such work outside Tended's process.
This applies regardless of whether the work begins immediately or later, whether the role changes, whether the parties initially decline to move forward, whether compensation is paid through another person or entity, or whether the Caregiver is engaged by a related household, family member, domestic partner, trust, family office, business entity, or other affiliated person or organization acting for the benefit of the original Family.
Families and Caregivers may not share Tended profiles, references, contact information, proprietary materials, or Introductions with third parties to avoid Tended's process or fees.
9. Tended Fit Verification™, References, TrustLine, and Screening
Tended Fit Verification™
Tended Fit Verification™ is Tended's structured process for gathering and evaluating information relevant to a potential Caregiver Introduction and family-specific match.
Depending on the role and stage of the placement process, Tended Fit Verification may include:
review of the Caregiver's questionnaire, résumé, professional experience, education, qualifications, and role history;
a live Tended Fit Interview and experience review;
consideration of caregiving philosophy, communication style, professionalism, judgment, availability, compensation expectations, role preferences, and family-specific alignment;
professional reference screening and review of available written references;
confirmation of current Infant & Child CPR certification or documented plans to renew before Placement;
review of TrustLine registration or application status;
review of relevant qualifications or credentials; and
additional information or documentation Tended reasonably considers relevant to the particular role.
Tended Fit Verification is a process that may continue through the interview, Trial, and pre-Placement stages and is not necessarily complete at the time of an initial Introduction.
TrustLine
For California nanny Placements subject to TrustLine requirements, Caregivers are expected to promptly begin the TrustLine registration process and complete all steps required by applicable law, including Live Scan fingerprinting, before beginning employment where required by law.
During the TrustLine registration process, and consistent with applicable law, Tended may, in its discretion, introduce a Caregiver to Families if the Caregiver has otherwise satisfied applicable readiness requirements and Tended has clearly communicated the Caregiver's current TrustLine status to the Family.
Additional Screening
Tended may also coordinate or request additional third-party screening, including criminal background or motor-vehicle-record checks, depending on the role, Family request, information reasonably available to Tended, or other circumstances Tended considers relevant.
Additional screening is not necessarily performed for every Caregiver or Placement unless expressly stated otherwise.
Tended may determine that a Caregiver is not yet ready for Introduction, Trial, or Placement until applicable readiness requirements have been satisfactorily completed.
Limitations of Fit Verification and Screening
Tended Fit Verification and other screening activities are intended to support thoughtful matching and provide additional information to Families.
They do not constitute a certification, safety guarantee, warranty, or guarantee of any Caregiver's character, suitability, qualifications, judgment, or future conduct.
Tended relies on information from Caregivers, Families, references, governmental agencies, and third-party providers and does not guarantee the accuracy or completeness of any report, representation, credential, or screening result or that any screening process will identify or eliminate every risk.
Families remain responsible for independently evaluating Caregivers, confirming information they consider material, making their own hiring decisions, and obtaining any additional screening they believe appropriate.
10. Trials and Hiring Decisions
Tended strongly recommends a paid working Trial before Placement.
Before a Trial, the Family and Caregiver are responsible for confirming the schedule, duties, compensation, driving expectations, household logistics, child-specific support needs, known Material Information, emergency procedures, and any other information necessary for both parties to feel informed and prepared.
The Family alone decides whether to hire, and the Caregiver alone decides whether to accept or continue a role.
A recommendation, Fit Summary, or Introduction by Tended is informational only and does not replace either party's independent judgment.
Trials should be conducted in compliance with applicable law, including applicable wage-and-hour requirements.
11. Placement Responsibilities
Families agree to:
provide complete, accurate, and timely information about the children, household, role, and any Material Information reasonably relevant to a Caregiver's decision to accept or safely perform the role;
comply with the continuing duty to disclose Material Information under these Terms;
provide and maintain a safe, respectful, lawful, and professionally managed workplace;
promptly notify Tended and the Caregiver of any significant incident, material change, or newly discovered Material Information that could reasonably affect the role, the Caregiver's ability to perform it safely, or the ongoing success of the Placement;
raise material placement concerns with Tended promptly during the Placement Support Period when reasonably practicable;
notify Tended within five (5) business days if a Placement ends unexpectedly during the Placement Support Period;
pay Caregivers legally and on time;
comply with all applicable employment laws, including payroll, tax, workers' compensation, wage-and-hour, and reimbursement obligations; and
notify Tended of interviews, Trials, offers, accepted Placements, start dates, and material changes to the role or employment relationship.
Caregivers agree to:
provide complete, accurate, and current application information, including experience, qualifications, certifications, references, and material limitations;
notify Tended of material changes affecting availability or ability to perform a role;
independently evaluate each Family and role;
communicate professionally and honestly;
cooperate with applicable screening and Fit Verification requirements; and
notify Tended of significant safety concerns, material misrepresentations, or direct contact by a Tended-introduced Family regarding paid work outside Tended's process.
Nothing in these Terms requires a Caregiver to remain in a situation the Caregiver reasonably believes is unsafe.
Families and Caregivers remain solely responsible for their employment relationship and related legal obligations.
12. Employment and Workplace Responsibilities
Unless another lawful arrangement is independently established, the Family is the Caregiver's employer and is solely responsible for:
any employment agreement;
verifying identity and work authorization;
payroll, tax withholding, and recordkeeping;
minimum wage, overtime, paid sick leave, and reimbursement;
workers' compensation and other required insurance;
providing a safe and lawful workplace;
training, supervision, scheduling, discipline, and termination;
vehicle and driving-related insurance; and
compliance with all applicable employment, tax, and workplace laws.
Tended may provide educational materials or referrals to outside providers but does not provide legal, tax, payroll, employment, medical, clinical, or insurance advice.
13. Safety and Incident Reporting
Families and Caregivers must promptly notify one another—and, while Placement Support remains active, notify Tended—of any significant incident or Material Information that could reasonably affect the safety, well-being, or success of the Placement.
This includes, for example, injury, physical aggression, violence, elopement, use or threatened use of a weapon or dangerous object, police or emergency involvement, unsafe driving, harassment, discrimination, or significant property damage.
Prompt disclosure is particularly important during the Placement Support Period because Tended's ability to provide transition support or Replacement Search Protection depends on timely and accurate information.
Tended may document reported incidents, request written information, suspend services, decline Placement Support or Replacement Search Protection, or decline future services.
Tended does not investigate crimes, adjudicate disputes, determine legal responsibility, or replace law enforcement, medical providers, child-protection authorities, insurers, or attorneys.
14. Confidentiality and Intellectual Property
Families and Caregivers agree to protect confidential information learned through Tended, including personal, household, medical, behavioral, financial, and employment information, and may use it only to evaluate or facilitate the applicable Introduction or Placement.
Tended may disclose relevant information when reasonably necessary to facilitate a Placement, address a safety concern, comply with law, protect a person from harm, or protect Tended's rights.
Tended handles personal information with reasonable care but cannot guarantee absolute security.
Tended's questionnaires, Tended Fit Verification™ framework, interview frameworks, guides, templates, worksheets, profiles, Family Role Profiles, Fit Summaries, reference summaries, and other materials remain Tended's intellectual property and may not be copied, distributed, sold, published, commercially exploited, or used to create competing services without Tended's prior written permission.
15. Records and Documentation
Tended may maintain records created or received during the ordinary course of its business, including questionnaires, interviews, notes, communications, acknowledgments, invoices, payment records, Fit Verification information, screening status, reference summaries, role profiles, placement documentation, and other materials relating to an Introduction or Placement.
Families and Caregivers acknowledge that these records may be maintained electronically and may be relied upon by Tended to document the placement process, communications, compliance with these Terms, and services performed, subject to applicable law.
16. Third-Party Services
Tended may use third-party providers for payment processing, background and driving checks, TrustLine coordination, electronic signatures, scheduling, and related services, each of which may be governed by its own terms.
Tended is not responsible for a third party's errors, delays, availability, inaccurate results, or acts or omissions.
17. Right to Decline, Pause, or Discontinue Services
Tended may decline, pause, or discontinue services at any stage of the placement process if, in its reasonable judgment, continuing would not be safe, appropriate, sustainable, consistent with Tended's standards, or in the best interests of the Family, Caregiver, children, or Tended.
This includes situations in which:
information is incomplete, inaccurate, minimized, or untimely;
Material Information has not been disclosed;
a role materially changes;
a safety concern exists;
the role falls outside Tended's scope or network;
the Family or Caregiver materially fails to communicate or participate in the process;
conduct is abusive, discriminatory, unlawful, threatening, harassing, or otherwise materially interferes with Tended's ability to safely and professionally provide its services; or
continued services would require Tended to act outside the scope of the applicable engagement.
Payment of any fee does not obligate Tended to make an Introduction, continue a search, approve a Replacement Search, or continue providing services where Tended determines that doing so would be inconsistent with these Terms, the applicable engagement, or applicable law.
18. Disclaimer of Warranties and Assumption of Risk
Tended makes good-faith efforts to identify potentially aligned Families and Caregivers based on information reasonably available at the time of an Introduction or Placement.
Tended does not guarantee:
the accuracy or completeness of information supplied by any person or third party;
the character, conduct, judgment, or suitability of any Family or Caregiver;
candidate availability;
a minimum number of Introductions;
a successful or lasting Placement;
continued employment;
the absence of accidents, injuries, disputes, or changes in circumstances; or
that Fit Verification or screening will identify every risk.
Families and Caregivers acknowledge that childcare, household employment, and work in private homes involve inherent uncertainty and risk, and each party remains responsible for its own decisions, household, conduct, and employment relationship.
19. Limitation of Liability
Except to the extent prohibited by applicable law, Tended shall not be liable for claims arising from:
the employment relationship between a Family and Caregiver;
the acts or omissions of a Family, Caregiver, child, household member, or third party;
incomplete, inaccurate, untimely, minimized, or undisclosed Material Information;
household or workplace conditions;
injury, aggression, elopement, property damage, or driving incidents occurring before, during, or after Placement;
wage, payroll, tax, insurance, or worker-classification disputes;
either party's decision to interview, Trial, hire, accept, continue, modify, or end a role; or
third-party reports or services.
Except to the extent prohibited by applicable law, Tended shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, including lost profits, lost income, emotional distress, or loss of opportunity, even if advised of the possibility of such damages.
Tended's total aggregate liability arising out of or relating to any Introduction, Placement, or services provided shall not exceed the total fees actually paid to Tended by the claimant for the applicable engagement.
Nothing in these Terms limits liability that cannot lawfully be limited under applicable law.
20. Indemnification
To the fullest extent permitted by law, each Family and Caregiver agrees to defend, indemnify, and hold harmless Tended LLC and its owners, officers, employees, contractors, agents, successors, and assigns from and against any claims, demands, liabilities, damages, losses, judgments, settlements, penalties, costs, and reasonable attorneys' fees arising out of or relating to that party's acts or omissions, breach of these Terms, employment relationship, household conditions, failure to disclose Material Information, violation of applicable law, or other conduct giving rise to a third-party claim.
21. Governing Law and Dispute Resolution
These Terms are governed by California law.
Before initiating a claim, the parties agree to make a good-faith effort to resolve any dispute through written notice and informal discussion for at least thirty (30) days.
Arbitration
Any dispute arising from these Terms or Tended's services that is not resolved informally will be resolved by binding, individual arbitration administered by JAMS under the applicable JAMS arbitration rules and consumer minimum standards, where applicable, in Los Angeles County, California, rather than in court.
Either party may bring an individual claim in small claims court if the claim qualifies.
Arbitration fees and costs will be allocated as required by applicable law, JAMS rules, and consumer minimum standards.
The arbitrator will apply California law, permit reasonable discovery consistent with the applicable JAMS rules, and issue a written decision.
There is no right to arbitrate as a class, collective, or representative action, and the arbitrator has no authority to conduct one, except to the extent such a limitation cannot lawfully be enforced.
Attorneys' Fees
To the extent permitted by applicable law, the prevailing party in an arbitration, small claims action, or court proceeding arising from these Terms may recover reasonable attorneys' fees and costs where authorized by contract or law.
Nothing in this Section prevents a party from seeking emergency relief or using a forum or remedy that cannot legally be waived.
22. General Terms
Changes
Tended may update these Terms for future services.
Updated Terms do not retroactively change the agreed fees, Placement Support Period, or other material terms governing a completed Placement unless the parties agree otherwise in writing.
Continued participation in new or ongoing Tended services after updated Terms take effect may constitute acceptance of the updated Terms to the extent permitted by law.
Written Service and Fee Agreements
Tended and a Family may enter into a written Family Placement Agreement, proposal, service agreement, fee agreement, or other written document establishing engagement-specific terms, including pricing, scope, or Placement Support.
If an engagement-specific written agreement expressly modifies or conflicts with these Terms, the engagement-specific written agreement controls solely with respect to the specific provision it modifies. All other provisions of these Terms remain in full force and effect.
Entire Agreement
These Terms together with any applicable written service, fee, or Family Placement Agreement constitute the entire agreement regarding Tended's services and supersede prior oral or written discussions or representations regarding the same subject matter.
No Waiver
Tended's delay or failure to enforce a provision does not waive its right to enforce it later.
A discretionary accommodation, refund, credit, extended search, or other goodwill action does not amend these Terms or establish precedent.
Severability
If any provision is found invalid or unenforceable, it will be limited or modified only to the minimum extent necessary, and the remaining provisions will remain in effect.
Assignment
Families and Caregivers may not assign their rights or obligations under these Terms without Tended's written consent.
Tended may assign these Terms in connection with a merger, sale, restructuring, or transfer of its business or substantially all relevant assets.
Electronic Acceptance
To the fullest extent permitted by law, electronic submissions, checkbox acknowledgments, electronic signatures, payment of fees, and other electronic acceptance methods may constitute agreement to these Terms.
By signing electronically, checking an acknowledgment box, paying an applicable fee after being presented with these Terms, submitting a questionnaire containing an express acknowledgment, participating in Tended's services after accepting these Terms, or otherwise affirmatively agreeing to them, you acknowledge that you have had an opportunity to review, understand, and retain a copy of these Terms.
Survival
Payment, confidentiality, intellectual property, records, anti-circumvention, limitation of liability, indemnification, and dispute-resolution provisions survive completion or termination of services to the extent their nature requires.
23. Contact
Tended LLC
hello@jointended.com
www.jointended.com