INDEPENDENT CONTRACTOR AGREEMENT

INDEPENDENT CONTRACTOR AGREEMENT

THIS AGREEMENT is hereby entered into on this ………………day of …….……………. Two Thousand and ……………………………

                                                       BETWEEN

1.Everywhere Companion Care, a company organized and existing under the laws of the State of New York, with its principal place of business at [Company Address] hereinafter referred to as (“Everywhere Companion Care”)

AND

  1. [Contractor’s Full Name], whose address is [Contractor’s Address] hereinafter referred to as (“Contractor”).

RECITALS

Everywhere Companion Care is a company based in New York that provides in-home care services to elderly and disabled individuals.

Contractor is an independent contractor who has the necessary skills and qualifications to perform the required services on behalf of Everywhere Companion Care.

Everywhere Companion Care wishes to engage the Contractor to provide in-home care services to its clients.

Both parties desire to enter into this Agreement to set forth their respective rights, obligations, and responsibilities.

NOW, THEREFORE, in consideration of the premises and mutual covenants contained herein, the parties hereto agree as follows:

  1. SCOPE OF WORK:

3.1 Description: The Contractor agrees to perform the following services or work (“Services”) on behalf of Everywhere Companion Care:

  1. a) Providing in-home care services to elderly or disabled individuals, including assistance with personal hygiene, medication management, meal preparation, and companionship, both within the client’s home and at other locations such as nursing homes, rehab centers, or any other facility where the client may be residing.
  2. b) Conducting regular wellness checks on clients, ensuring their safety, and reporting any concerns to Everywhere Companion Care, regardless of the location.
  3. c) Assisting clients with mobility and transportation to medical appointments, social activities, or errands, whether within their home or outside facilities.
  4. d) Implementing personalized care plans for each client, based on their specific needs and preferences, regardless of the location.
  5. e) Documenting client observations, progress, and any incidents in a timely and accurate manner, irrespective of the location.
  6. f) Communicating effectively with clients, their families, and other healthcare professionals to ensure the best quality of care, regardless of the location.
  7. g) Participating in ongoing training and professional development programs provided by Everywhere Companion Care, whether in-home or at other locations.
  8. h) Adhering to all applicable laws, regulations, and ethical standards related to the provision of care services, regardless of the location.

3.2 Completion Date: The Contractor shall use reasonable efforts to complete the Services by [Completion Date], unless otherwise agreed upon in writing by both parties.

  1. TERM:

This Agreement shall commence on the Effective Date and shall continue until the completion of the Services, unless terminated earlier in accordance with the provisions of this Agreement.

  1. COMPENSATION:

5.1 Payment: Everywhere Companion Care agrees to compensate the Contractor for the Services as follows:

[Specify the payment terms, including the rate of pay, frequency of payment, and any conditions or limitations on compensation.]

5.2 Tax Obligations: The Contractor acknowledges and agrees that they are solely responsible for their own tax obligations and shall comply with all applicable laws and regulations.

  1. INDEPENDENT CONTRACTOR STATUS AND LIABILITY:

6.1 Independent Contractor: The Contractor acknowledges and agrees that they are an independent contractor and not an employee, partner, or agent of Everywhere Companion Care. The Contractor shall be solely responsible for payment of their taxes, insurance, and any other legal obligations.

6.2 Liability: The Contractor acknowledges and agrees that they assume all liability and risk associated with the Services provided under this Agreement.

  1. CONFIDENTIALITY AND NON-DISCLOSURE:

7.1 Confidentiality Obligations: The Contractor agrees to maintain the confidentiality of any confidential information disclosed by Everywhere Companion Care during the course of the Agreement. The Contractor shall not disclose or use such confidential information for any purpose other than to perform the Services.

7.2 Non-Disclosure Agreement: The Contractor shall sign a separate non-disclosure agreement (“NDA”) provided by Everywhere Companion Care, which shall further govern the protection of confidential information.

  1. NON-COMPETE AND NON-SOLICITATION:

8.1 Non-Compete: During the term of this Agreement and for a period of [Specify the duration], the Contractor agrees not to engage in any activities or employment that directly competes with Everywhere Companion Care’s business.

8.2 Non-Solicitation: The Contractor agrees that, during the term of this Agreement and for a period of [Specify the duration], they shall not directly or indirectly solicit or attempt to solicit any client, customer, or employee of Everywhere Companion Care for personal or financial gain.

8.3 Penalties: Any violation of the non-compete or non-solicitation clauses mentioned above shall result in penalties, including but not limited to financial damages and termination of this Agreement.

  1. TERMINATION:

9.1 Termination for Convenience: Either party may terminate this Agreement by providing thirty (30) days written notice.

9.2 Termination for Cause: Either party may terminate this Agreement for a material breach. The non-breaching party shall provide written notice specifying the breach, allowing thirty (30) days for remedy. If not remedied, the non-breaching party may terminate.

9.3 Termination for Insolvency: Either party may terminate this Agreement immediately upon written notice if the other party becomes insolvent or files for bankruptcy.

9.4 Obligations upon Termination: Upon termination, the Contractor shall return all Everywhere Companion Care’s materials and cease using their trademarks.

9.5 Survival of Provisions: Termination does not affect accrued rights, obligations, or liabilities. Certain provisions shall remain binding.

9.6 Transition Assistance: Upon termination, the Contractor shall cooperate for an orderly transition of the Services.

  1. INTELLECTUAL PROPERTY:

10.1 Ownership: Any intellectual property created by the Contractor during the course of providing the Services shall be owned exclusively by Everywhere Companion Care.

10.2 Assignment: The Contractor hereby assigns, transfers, and conveys to Everywhere Companion Care all rights, title, and interest in and to the intellectual property created under this Agreement. The Contractor agrees to execute any additional documents necessary to effectuate the transfer of ownership.

  1. INDEMNIFICATION AND LIABILITY:

11.1 Contractor’s Liability: The Contractor shall be solely liable for any injuries, damages, or losses caused by their acts, omissions, or negligence while performing the Services under this Agreement.

  1. GOVERNING LAW AND JURISDICTION:

12.1 Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of laws principles.

12.2 Jurisdiction: Any legal actions or proceedings arising out of or relating to this Agreement shall be brought exclusively in the state or federal courts located in New York County, New York. The Parties hereby consent to the personal jurisdiction and venue of such courts.

  1. DISPUTE RESOLUTION:

13.1 Any dispute arising out of or relating to this Agreement shall be resolved through mediation administered by the American Arbitration Association in accordance with its Commercial Mediation Procedures. If the dispute cannot be resolved through mediation, the parties agree to submit to the exclusive jurisdiction of the courts located in New York.

  1. ENTIRE AGREEMENT:

14.1 This Agreement constitutes the entire understanding and agreement between the Parties concerning the subject matter hereof and supersedes all prior agreements, understandings, and negotiations, whether written or oral.

  1. AMENDMENT:

15.1 This Agreement may be modified or amended if the amendment is made in writing and is signed by both parties.

  1. COUNTERPARTS:

This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written.

Signed by or on behalf of:

THE UNDERSIGNED HAVE READ, FULLY UNDERSTOOD AND BY SIGNING

EVERYWHERE COMPANION CARE                 CONTRACTOR

NAME:                                                                               NAME:

EVERYWHERE COMPANION CARE                      _________________________

SIGNATURE:                                                                    SIGNATURE:

________________________________                       _________________________

DATE:                                                                DATE:

________________________________                        _________________________

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