COMPANION CARE SERVICE AGREEMENT
THIS AGREEMENT is hereby entered into on this ………………day of …….……………. Two Thousand and ……………………………
BETWEEN
- [Your Company Name], with an address at [insert Company Address] hereinafter referred to as (“Company”)
AND
- [Client Name], with an address at [insert Address] hereinafter referred to as “Client,” collectively referred to as the “Parties.”
RECITALS
WHEREAS, the Company is engaged in providing companion care services to individuals in need;
WHEREAS, the Client desires to engage the Company’s services to provide companion care services to [him/her/them];
WHEREAS, the Parties acknowledge that the services to be provided by the Company are non-medical in nature;
WHEREAS, the Client acknowledges that the Company engages independent contractors (“Workers”) to perform the companion care services;
WHEREAS, the Parties intend to establish the terms and conditions governing their relationship with respect to the provision of companion care services;
NOW, THEREFORE, in consideration of the mutual covenants contained herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:
- SCOPE OF SERVICES PROVIDED:
3.1 The Company shall provide companion care services to the Client as agreed upon in the Care Plan, which shall include but not be limited to:
- a) Assistance with personal care activities (e.g., bathing, grooming, dressing).
- b) Medication reminders.
- c) Meal preparation.
d)Light housekeeping.
- e) Transportation assistance.
- f) Companionship and social interaction.
Other services as mutually agreed upon.
3.2 The Client agrees to cooperate with the Company and its workers to facilitate the provision of companion care services.
- TERM:
4.1 This Agreement shall commence on [start date] and shall continue until terminated by either party in accordance with the termination provisions set forth in Section 9 of this Agreement.
4.2 The client understands that they have the right to terminate the services at any time, subject to the provisions of Section 9.
- PAYMENT TERMS:
5.1 The Client agrees to pay the Company for the companion care services provided by the Contractor at the agreed-upon rate of [rate] per [hour/shift/day/week], as outlined in the Care Plan.
5.2 Payment shall be made [weekly/monthly/other] and is due within fourteen (14) days from the date of the invoice provided by the Company.
5.3 All payments shall be made in [currency] to the Company’s designated bank account or by any other method agreed upon in writing by both Parties.
5.4 The Company reserves the right to adjust the rates upon thirty (30) days written notice to the Client. Any rate adjustments shall not affect services already scheduled or provided prior to the effective date of the rate change
5.5 Late payments shall incur a late fee of [specify late fee percentage or amount] per [day/week/month] until the outstanding amount is paid in full. The Company reserves the right to suspend or terminate services if payment is not received within thirty (30) days from the due date.
- CONFIDENTIALITY:
6.1 Company and its workers shall maintain strict confidentiality regarding all client information, including personal, medical, and financial details.
6.2 Client records and information shall only be disclosed as required by law or with the client’s written consent.
- INDEPENDENT CONTRACTOR RELATIONSHIP:
7.1 The workers engaged by the Company to provide companion care services to the Client shall be considered independent contractors and not employees of the Company.
7.2 The workers shall be responsible for their own taxes, insurance, and compliance with applicable labor laws and regulations.
- INDEMNIFICATION AND LIABILITY:
8.1 The Client agrees to indemnify and hold the Company and the Worker harmless from any claims, damages, liabilities, or expenses arising out of or in connection with the services provided by the Worker, except for claims arising from the gross negligence or willful misconduct of the Company or the Worker.
8.2 The Company and the Worker shall not be liable for any consequential, incidental, or indirect damages arising from the provision of services, except in cases of gross negligence or willful misconduct.
- TERMINATION:
9.1 Either party may terminate this Agreement with written notice to the other party.
9.2 In the event of termination, the client shall be responsible for any outstanding fees for services provided up to the date of termination.
- GOVERNING LAW AND JURISDICTION:
10.1 This Agreement shall be governed by and construed in accordance with the laws of [State/Country]. Any disputes arising under or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts in [State/Country].
- DISPUTE RESOLUTION:
11.1 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 [State].
- ENTIRE AGREEMENT:
12.1 This Agreement constitutes the entire agreement between Company and the client and supersedes all prior understandings or agreements, whether written or oral, relating to the subject matter hereof.
- AMENDMENTS:
13.1 No amendment or modification of this Agreement shall be valid or binding unless it is in writing and signed by both parties hereto.
- WAIVER:
14.1 The parties agree that no waiver of the rights under this agreement shall be construed as a continuing waiver or as consent to any future or subsequent breaches.
- COUNTERPARTS:
15.1 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 BELOW, ACCEPTED THE TERMS OF THIS AGREEMENT
COMPANY CLIENT
NAME: NAME:
_________________________ _________________________
SIGNATURE: SIGNATURE:
_________________________ _________________________
DATE: DATE:
_________________________ _________________________
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