INDEPENDENT CONTRACTOR AGREEMENT

by | Feb 25, 2024 | Samples legal papers

NEWBORN CARE SPECIALIST (BABY NURSE) INDEPENDENT CONTRACTOR AGREEMENT

This Agreement (“Agreement”) is entered into on [DATE] by and between [CLIENT NAME] (“Client”) whose address is at [address], and [BABY NURSE NAME] whose address is [address] (“Baby Nurse”).

RECITALS:

WHEREAS, the Client desires to retain the services of a highly skilled and experienced Newborn Care Specialist (the “Baby Nurse”) to provide in-home care and assistance to their newborn infant(s);

WHEREAS, the Baby Nurse represents that she is a highly skilled and experienced professional who specializes in the care and well-being of newborn infants and has the necessary education, training, and experience to perform the services required under this Agreement;

WHEREAS, the parties recognize that the care and nurturing of newborn infants require specialized skills, knowledge, and attention, and that the Baby Nurse is specifically trained and qualified to provide such services;

WHEREAS, the parties agree that this Agreement sets forth the entire agreement and understanding between the parties with respect to the services to be performed by the Baby Nurse, and supersedes all prior agreements, understandings, and negotiations, whether written or oral, relating to the same subject matter;

NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:

  1. ENGAGEMENT AND TERMS.
    • 1 The Client hereby engages the services of the Baby Nurse to provide care for their infant(s), whether birthed or adopted, and the Baby Nurse agrees to provide such services.
    • The Baby Nurse shall be responsible for the newborn infant(s) for the duration of the contracted period specified in the Deposit Agreement/Retainer.
    • During the contracted period, the Baby Nurse will not accept any other work or compensation from any other party without the written consent of the Client.
    • If the contracted period begins 7 days or one week after the assigned due date, the Client shall pay the Baby Nurse waiting time at a rate of 50% of the week’s salary.
    • If the infant(s) are born early, the Baby Nurse will make every effort to be available, subject to any committed contracts already in force.
    • If the Baby Nurse is bound by another contract and is unable to begin working with the infant(s) that arrived early, the Baby Nurse will provide a suitable replacement from their network until they are available.
    • The Baby Nurse shall work 24 hours a day, 5 days a week (Monday to Friday), or 12-hour night shifts (Monday to Friday).
    • The Baby Nurse shall be entitled to 4 hours of rest time per 24-hour period, which may be taken in increments of no less than 2 hours at a time.
    • The contract shall remain in effect for the period specified in the Deposit Agreement, whether in days, weeks or months, as agreed by both parties.

 

  1. NEWBORN CARE SPECIALIST/BABY NURSE RESPONSIBILITIES:
    • The Newborn Care Specialist/Baby Nurse will provide care for the newborn(s) in accordance with the latest industry standards for newborn care.
    • The Newborn Care Specialist/Baby Nurse will work with the Client to develop a customized care plan for the newborn(s) based on their individual needs, preferences, and routines.
    • The Newborn Care Specialist/Baby Nurse will be responsible for feeding, diapering, bathing, and dressing the newborn(s), as well as monitoring their overall health and well-being.
    • The Newborn Care Specialist/Baby Nurse will assist the Client with establishing and maintaining healthy sleep habits for the newborn(s).
    • The Newborn Care Specialist/Baby Nurse will provide guidance and support to the Client with breastfeeding or bottle-feeding, including preparing and storing breast milk or formula.
    • The Newborn Care Specialist/Baby Nurse will assist the Client with establishing a routine for the newborn(s), including sleep, feeding, and playtime.
    • The Newborn Care Specialist/Baby Nurse will provide age-appropriate developmental activities for the newborn(s) to promote their growth and development.
    • The Newborn Care Specialist/Baby Nurse will keep the nursery and any other areas where the newborn(s) spend time clean and organized.
    • The Newborn Care Specialist/Baby Nurse will communicate regularly with the Client to provide updates on the newborn(s)’ progress, answer any questions or concerns, and make recommendations as needed.
    • The Newborn Care Specialist/Baby Nurse will maintain a professional and confidential relationship with the Client and respect their privacy and personal preferences.

 

  1. CLIENT’S RESPONSIBILITIES
    • The Client shall provide a safe and healthy working environment for the Baby Nurse to perform their duties, which includes providing a bed, bed and bath linens, television, and Wi-Fi access, if the Baby Nurse is hired for a 24-hour job.
    • If the Baby Nurse is hired for a 24-hour job, the Client shall allow the Baby Nurse to take a 4-hour break per day during which no childcare duties will be required. The Client may provide uninterrupted rest or allow the Baby Nurse to leave the premises during the break. The break is included in the Baby Nurse’s daily salary. If the Client requests that the Baby Nurse takes no time off within a 24-hour period, the Baby Nurse may accrue 4 hours of overtime pay at time and a half, provided they agree to work the entire 24 hours without a break. This clause takes effect for any 24-hour job over 2 days.
    • The Client shall provide the Baby Nurse with room and board for 24-hour periods for the duration of their employment. If the Client goes out for meals, they are not obligated to take the Baby Nurse with them. However, the Client shall ensure that the Baby Nurse has adequate food items to prepare their own meals. If the Baby Nurse chooses to go out for a meal, they shall be financially responsible for the meal.
    • The Client understands that providing care for a newborn is a 24-hour job that requires constant attention and support. Therefore, the Client shall cooperate with the Baby Nurse and provide any necessary assistance, including but not limited to, diaper changes, feeding, and maintaining the baby’s sleeping schedule.
    • The Client shall communicate any changes in the baby’s routine, including feeding and sleeping patterns, to the Baby Nurse in a timely manner.
    • The Client shall pay the Baby Nurse in a timely and efficient manner according to the terms of the Deposit Agreement and Compensation clause.

 

  1. INDEPENDENT CONTRACTOR STATUS:
    • The Baby Nurse is an independent contractor and not an employee of the Client. The Baby Nurse will have control over the manner and means of performing the services contemplated under this agreement.
    • The Baby Nurse will provide her own equipment, tools, and supplies necessary to perform her services.
    • The Baby Nurse is responsible for paying her own federal and state income taxes and for obtaining her own workers’ compensation insurance, if required by law.
    • The Baby Nurse will not be entitled to any employee benefits, including, but not limited to, health insurance, retirement benefits, or paid time off.
    • The Baby Nurse understands and agrees that she will not be eligible for unemployment benefits upon the termination of this agreement.

 

  1. TERM OF AGREEMENT.
    • This Agreement shall commence on [START DATE] and shall terminate on [END DATE] unless terminated earlier as provided herein.
    • Either party may terminate this Agreement at any time upon [NUMBER] days’ written notice to the other party.

 

  1. RETAINER AND COMPENSATION:
    • To engage the services of the Baby Nurse, the Client shall pay a non-refundable retainer fee equal to 20% of one week’s salary as specified in the Deposit Agreement. The retainer fee will be applied towards the total fee for the Baby Nurse’s services.
    • The Client shall make the check payable to the Baby Nurse, and the retainer must be received by the Baby Nurse before her services can begin.
    • Upon receipt of the signed contract and retainer fee, the Baby Nurse shall be officially engaged for the agreed-upon period.
    • The hourly and daily rates for the Baby Nurse’s services are specified in the Deposit Agreement. The base pay per hour, irrespective of taxes, is assigned in the agreement. The Client is responsible for paying the minimum base rate per hour and double the base hourly rate for work scheduled on New Year’s Eve, New Year’s Day, Easter Sunday, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Eve day or night, and Christmas Day. The Baby Nurse takes a non-paid day off for her birthday on September 16th.
      • The Client may add additional hours to the contract, but hours may not be deleted without financial compensation to the Baby Nurse. The contract is dated, and the Baby Nurse will be paid for the days agreed upon in the contract, whether worked or not. The Baby Nurse will not make up or exchange any hours.
      • The Client may choose to pay the Baby Nurse in cash or by check. If paying in cash, the Client must provide pay stubs as proof of payment.
      • The Client will provide a Metrocard to cover the Baby Nurse’s traveling expenses within the city limits.
      • If the Client fails to pay the Baby Nurse in a timely manner, the Baby Nurse reserves the right to stop working until payment is received. The Client will be responsible for any late payment fees or attorney fees incurred as a result.
      • In the event that legal action is necessary to collect any outstanding payments, the Client will be responsible for paying any attorney fees incurred in addition to the amount owed.
      • If the Client cancels the contract for any reason before the Baby Nurse begins her services, the retainer fee will not be refunded. In the event of termination, the Baby Nurse shall be paid for all services rendered up to and including the date of termination.

 

    • During the Term of this Agreement, the Baby Nurse may legitimately see, hear, or otherwise become privy to information about the Client. It is understood and agreed that all information relating to the Clients, including but not limited to financial, household or career, is confidential information which may not be disclosed to anyone without the written consent of the undersigned Clients or a court order.
    • It is also understood that a failure to abide by this Agreement may, at the Client’s discretion, result in immediate termination and legal recourse. The Baby Nurse will at all times maintain confidentiality regarding the affairs and concerns of the household and its members and respect the Client’s right to privacy. (This includes a total prohibition of photos and/or video-recordings of the premises, Clients, and children at any time.)

 

  1. NANNY CAMS
    • Hidden cameras or other surveillance equipment must be disclosed to the Baby Nurse in the event that the Baby Nurse shares the room with the infant(s) due to no other accommodative arrangements and would need privacy when changing, showering, etc.
    • Such places would include the bathroom or a guest room where the Baby Nurse changes or sleeps.
    • If any surveillance device of any kind or nature is used by or on behalf of the Client and is not so disclosed, the Baby Nurse may terminate her services and retain all compensation paid.

 

  1. CLIENT’S ACQUAINTANCES AND RELATIVES.
    • The Client is solely responsible for the actions of acquaintances and relatives including, but not limited to, during hours which the Baby Nurse is caring for the infant(s). Client shall indemnify and hold harmless Baby Nurse from the negligence and actions of such persons.
    • Except in the event of an emergency, unless Baby Nurse is informed in advance, and unless she is acquainted with the person or is provided with a picture, she will not release the infant to anyone and will not permit anyone to care for the infant other than the Client.
    • Parties acknowledge that good communication is essential. Discussions regarding the infant(s) routine or other matters will be brought to the attention of the Client as soon as they occur.
    • Likewise, if the Client has any problems with the aforementioned issues, the Client should bring them to the attention of the Baby Nurse as soon as they occur.
    • If the Client should want to discuss an issue, the Baby Nurse does request that both Clients be present, if possible.

 

  1. CANCELLATION AND TERMINATION:

The Parties agree that:

  • If the Client cancels before the start date, Baby Nurse retains the Deposit.
  • If there is a loss of pregnancy or adoption cancellation, the Deposit is refunded to the Client.
  • If the baby arrives much later than the expected date and the Baby Nurse is unable to care for the baby, the Deposit is non-refundable.
  • If the Baby Nurse fails to report to work without explanation, the Deposit is refunded to the Client.
  • If the Baby Nurse leaves due to disrespectful treatment or noncompliance by the Client, no refunds are issued.
  • If the Baby Nurse is terminated for cause, the Client has no further obligation to the Baby Nurse.
  • If the Baby Nurse leaves without cause, the Client has no obligation to the Baby Nurse, and no refund is issued.
  • This Contract may be terminated with a 14-day notice if the Baby Nurse is not following reasonable care instructions for the infant.
  • If the Baby Nurse needs to charge an additional hourly amount for special medical needs, or if an RN is required, the Contract may be terminated with a full refund of the Deposit at the Baby Nurse’s discretion.

 

  1. INDEMNIFICATION:
    • The Client agrees to indemnify and hold harmless the Baby Nurse, and their officers, directors, employees, and agents, from any and all claims, damages, expenses, and liabilities, including reasonable attorneys’ fees, arising out of or in connection with the performance of this Agreement by the Baby Nurse, except to the extent that such claims, damages, expenses, and liabilities are caused by the Baby Nurse’s gross negligence or willful misconduct. The Baby Nurse agrees to notify the Client promptly of any such claims, damages, expenses, or liabilities and to cooperate with the Client in the defense of any such claims.
    • If any third-party brings a claim against the Baby Nurse as a result of the Baby Nurse’s work under this Agreement, the Client agrees to indemnify and hold harmless the Baby Nurse from all liability, claims, and expenses, including reasonable legal fees, arising out of such claim. The Client shall have the right to control the defense of any such claim, provided that the Baby Nurse may participate in such defense at their own expense.
    • This indemnification clause serves to protect both parties from any claims, damages, or liabilities that may arise out of the Baby Nurse’s work under this Agreement. It also ensures that the Client will be responsible for any third-party claims against the Baby Nurse that may arise as a result of their work for the Client.

 

  1. NOTICES:
    • All notices, requests, demands or other communications required or permitted under this Agreement shall be in writing and shall be deemed to have been given when personally delivered, sent by facsimile, or sent by certified mail, return receipt requested, postage prepaid, to the respective addresses set forth below:
      • If to the Client: [Client’s Name and Address]
      • If to the Baby Nurse: [Baby Nurse’s Name and Address]
    • Either party may change its address for notices under this Agreement by written notice to the other party.

 

  1. DISPUTE RESOLUTION:
    • If a dispute arises between the Baby Nurse and the Client, the parties agree to first attempt to resolve the dispute through good faith negotiations.
    • If the parties are unable to resolve the dispute through negotiations, they agree to engage in mediation, with a mutually agreed-upon mediator, before pursuing any other legal action. The costs of the mediator will be shared equally by both parties.
    • If mediation does not result in a resolution, either party may seek relief through binding arbitration in accordance with the rules of the American Arbitration Association.
    • The arbitration shall take place in the jurisdiction in which the services were performed.
    • The prevailing party in any arbitration or litigation shall be entitled to recover its reasonable attorneys’ fees and costs. This clause shall survive the termination or expiration of this Agreement.

 

  1. GOVERNING LAW
    • This Agreement shall be governed by and construed in accordance with the laws of the state of [State], and any applicable federal laws.
    • Any legal action or proceeding with respect to this Agreement shall be brought exclusively in the courts of [State].

 

  1. ENTIRE AGREEMENT
    • This Agreement contains the entire understanding between the parties and supersedes all prior negotiations, understandings, and agreements between the parties. This Agreement may not be amended, altered, or modified except in writing signed by both parties.

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

________________________________________

[Client’s Name]

________________________________________

[Baby Nurse’s Name]

 

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