Cultural Care Au Pair / stole our money

Walnut Creek, CA, United States

We had an au pair who the agency deemed unsuitable to remain in our house any longer and got her that same day. My daughter had suffered two partially dislocated elbows under her care within only 2 months. She had also blocked the nanny cam so I had no way of knowing what was going on. The agency later said that they were terminating the relationship. We paid $8, 500 deposit and after having a nanny for 2.5 months (who did a terrible job, put my daughter's care in jeopardy), they kept $5, 000 of the money. The contract that we had signed is below. I believe this states that even if our au pair harmed or neglected our baby we have no recourse.

We found out after the nanny arrived that she had lied about her experience, got kicked out of her high school and suffered from depression. When she got here she didn't want to work and acted like she was parting waters to do anything. Our daughter didn't like her at all (obviously because she was too lazy to try to play with her) and I took on the bulk of the childcare for the entire duration of her stay.

The contract clause is below:, "Host Family agrees on their own behalf and on behalf of their children, to irrevocably, unconditionally, and fully remise, release, and forever discharge CC and CC’s respective officers, directors, successors, assigns, attorneys, insurance companies, agents, employees and affiliates (all of said persons hereinafter, in the aggregate, being referred to as “Released Parties”), from any and all claims or causes of action which Host Family has or may hereafter have, which arise out of injury, damage, or loss of any other kind to the Host Family or their property resulting from participation in the CC program. This includes, without limitation, the au pair’s performance of services for and involvement with the Host Family, regardless of how such injury, damage, or loss may arise and regardless of whether the injury, damage, or loss is in whole or in part caused by the negligence of any one or more of the Released Parties. Host Family further agrees to indemnify and hold harmless the Released Parties from and against any losses, claims, damages, or liabilities related to or arising out of the participation of Host Family in the CC program, including, but not limited to, any injury or damage to the Host Family or their children that the au pair causes or to which s/he contributes.

May 15, 2015

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