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Contract Agreement

Independent Contractor Agreement-Home Care Services

1.BETWEEN: INDEPENDENT CONTRACTOR NAME

AND: Serenity Companion otherwise known as the (“the company”)

WHEREAS the company is in the business of services relating to companion and home maker and follows all Federal, State/Provincial, and local laws and hold any required license / permits.

WHEREAS this independent contractor agreement contains the company terms of engagement. The independent contractor has complied with all Federal, State/Provincial, and local laws, reporting requirements, and holds any required license / permits to operate the said business and home care tasks within the scope of practice permitted. The independent contractor remains open to performing all similar tasks/activities for the clients to what the company currently provides for its clients. Any payments for the services rendered by the independent contractor will be compensated by the company.

NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, the parties intending to be legally bound, agree as follows:

This agreement will be effective as of until the contract is terminated by either party.

2. INDEPENDENT CONTRACTOR STATUS:

It is the parties’ intentions that the independent contractor is not an employee of the company for any purposes, including, but not limited to laws of Connecticut. The independent contractor shall retain absolute discretion in the manner and means to perform the tasks for the company’s clients under this agreement.

This agreement is not considered a partnership or joint business venture, and the company will not be liable for any obligations incurred by the independent contractor unless authorization in writing is obtained by the company. The independent contractor is not permitted to act or make decisions on behalf of the company unless authorization from the company is obtained with specific conditions and instructions in writing.

The independent contractor is responsible to provide any change of address or contact information to its main operations during this agreement.

3. SCOPE OF PRACTICE (TASKS & RESPONSIBILITIES):

The independent contractor shall provide all tasks necessary for the company and their clients to the best of their ability in the most effective and time efficient manner. The independent contractor shall not be entitled to engage in any tasks, duties, or activities outside of each clients care plan. The scope of practice related to HHA/CNA/LPN/RN LAWS in Connecticut will be maintained and always upheld when the independent contractors are with and providing the said services to the company’s clients.

The company is entitled to request any/all information from the independent contractors’ records of the company’s clients at any time.

The independent contractor will be responsible to report to the company after each visit with a client, and to fill out a visit form provided by the company with all tasks performed, events that took place during the visit, and any changes in mental/physical status of the client or their environment. This report will be addressed to Ian Lindsay and sent to the company electronically. Reports will be required to be sent no later than the end of each work week.

Th independent contractor is responsible to provide, maintain and replace its own tools, materials, supplies, and equipment required for the given tasks by the company. The independent contractor will not have permission to utilize the company offices at any time for any business-related tasks.

Any advice given by the independent contractor regarding the scope of work that involves the company clients will be considered a suggestion ONLY and not instruction.

The company reserves the right to change, alter, or stop the work at any given time being performed by the independent contractor with any of the company clients.

4. ASSURANCE OF SERVICES:

The independent contractor will assure that if he/she hires an employee to perform the tasks set forth in this agreement then they are the sole responsibility of the independent contractor and will be held responsible for their actions as if they are acting on behalf of the independent contractor during this agreement.

A list of all the company approved “active” employees that are employed by the independent contractor will be required to always kept up to date. A failure to do so may result in the company terminating this agreement.

All NEW employees of the independent contractor must be approved and meet all required conditions by the company to perform tasks for its clients.

5. EMPLOYEES OF INDEPENDENT CONTRACTOR:

Each employee of the independent contractor will have a file with all the company required documentation and be sent to the company for individual approval to provide services on the behalf of the company to its clients. The company reserves the right to request an in person/virtual meeting with certain candidates during this agreement.

All persons hired by the independent contractor that perform tasks and duties from their job descriptions necessary to complete the scope of practice will be considered employees of the independent contractor. The independent contractor is responsible to provide the company with proof of eligibility to work in the USA, worker’s compensation insurance, and general business liability insurance covering the employees.

CONDITIONAL REQUIREMENTS FOR EMPLOYEES OF INDEPENDENT CONTRACTOR:

6. LICENSING (If Applicable):

The independent contractor agrees to provide the company with proof and copies of any local or State Government regulated license/permit documentation required to perform the required services to the company clients.

7. RIGHTS TO BENEFITS WAIVER:

The independent contractor and its employees hereby waive the right to receive any benefits given by the company to its regular employees for the entirety of this agreement.

8. NON-RECRUIT OF COMPANY EMPLOYEES:

The independent contractor shall not directly, or indirectly recruit any of the company’s employees during this agreement, and after the agreement is terminated for a period of 1 year.

9. NON-SOLICITATION CLAUSE:

The independent contractor during or after the termination of this agreement either directly or indirectly, calls on, solicit, or take away any of the company’s clients either for their benefit, or that of another person, company, or organization.

10. NON-COMPETE CLAUSE:

The independent contractor and its employees shall not for a period of 1 year directly or indirectly compete with the company or any of its affiliates in Connecticut any of the said rendered business services that were previously provided by the independent contractor during the agreement.

11. LEGAL COMPLIANCE:

The independent contractor has a professional obligation to treat all the company employees, clients, customers, business partners, and affiliates in a respectful, fair and just manner. The independent contractor is required to comply with all laws of Connecticut. The independent contractor is responsible to follow the company ethic codes, policies, procedures, rules, and regulations involving all types of harassment, discrimination, and unfair business practices.

12. BUSINESS LIABILITY INSURANCE:

The independent contractor must provide a copy of liability insurance document and how it will cover the independent contractor and its employees in the event of. an accident, injury, or vandalism while inside or outside of the company’s client s home, and how the claim will be processed and compensated to the company clients.

The independent contractor is insured with liability insurance in the amount of $ This coverage includes:

  • Inside the company’s “clients” home $

  • Outings, including transport with the company “clients” $

    • 13. USE OF VEHICLE:

    When, the company has a “client” who permits their vehicle to be used by the independent contractor.

    All necessary vehicle information will be provided to the independent contractor if any of the company’s clients request that their own vehicle be utilized for non-medical transport by the independent contractor or an employee of the independent contractor.

    14. TRANSPORTATION BY INDEPENDENT CONTRACTOR:

    Should the company “client” request transportation to be provided by the independent contractor or its employees the use of their personal vehicle, the independent contractor will be required to submit driving records, and a copy of the business liability insurance coverage for the vehicle(s) that will be used to transport the company clients by the independent contractor or its employees. A copy of the business liability insurance coverage will be sent by the company to its clients before the start of any or all mandates. The independent contractor will be solely responsible for any damages or accidents that occur while transporting the company clients.

    15. ACCESS TO COMPANY CLIENT INFORMATION:

    Each client that is assigned to the independent contractor will be provided all necessary information by the company about the client and the care that is required, the location, and desired schedule. The independent contractor will be responsible to relay any/all necessary information to its employees who have been approved by the company to provide caregiver services to clients.

    16. COMPANY CLIENT HOME ACCESS INFORMATION:

    Any key(s)- regular/electronic, any codes required for entry to doors, parking passes, verbal, or written communication to facilities to permit visitation to “client” will be provided to the independent contractor.

    17. COMPENSATION FOR SERVICES PROVIDED BY INDEPENDENT CONTRACTOR:

    The independent contractor service rate is calculated on the time spent attending to providing services to individually assigned clients.

    Such compensation to the independent contractor will be payable as follows:

    PAYMENT PERIODS:

    Bi-weekly (Fridays)

    18. ACCOUNTING & BOOKKEEPING:

    The independent contractor is responsible for all its own accounting and any fees for services rendered to the company. Independent contractor understands that it will receive a 1099 statement and will be required to file its own corporate/individual tax returns and to pay taxes with all provisions of applicable FEDERAL AND STATE/PROV. LAWS.

    The independent contractor according to this agreement is responsible and agrees to pay any costs incurred for any/all damages or expenses, including attorney’s fees, and legal expenses because of the independent contractor failing to make the required payments to the government

    19.INDEPENDENT CONTRACTOR BILLING FOR RENDERED SERVICES:

    1. Billing frequency: Weekly Bi-Weekly Monthly

    2. Payments: [Friday] upon receipt of services rendered by independent contractor.

    20. PAYMENT METHOD (FOR INDEPENDENT CONTRACTOR):
    21. NON-DISCLOSURE OF TRADE SECRETS, CUSTOMER LISTS & COMPANY INFORMATION:

    The independent contractor agrees not to disclose or communicate, in any manner, either during or after the independent contractor agreement with the company, information about the company, its operations, clients, or any other information about the company.

    If the independent contractor feels the need to disclose information they may do so after written permission is obtained from the Company Administrator.

    22. MEDIATION FOR DISPUTES:

    If any action is required to enforce or interpret the terms of this agreement by the company or the independent contractor, both parties agree to first attempt to resolve the dispute in mediation.

    23. REPRESENTATION:

    Both the company and the independent contractor acknowledge that no other agreement both verbal or written outside of this agreement will be valid or binding. Any changes of this agreement must be in writing, signed by both parties and dated.

    24. INDEMNIFICATION:

    The independent contractor shall insure the company from all damage expenses or liability resulting out of negligence or misconduct, or from any breach of this agreement which is caused by the independent contractor

    All employees and affiliates of the independent contractor will be required to follow and comply with the company policies and procedures of the company.

    The independent contractor will name the company and the services that will be provided on its business liability insurance policy.

    25. PARTIAL INVALIDITY:

    If any provision of this agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force and effect without being impaired or invalidated in any way. This agreement shall not be terminated by a merge or consolidation of the company into or with any other entity.

    26. TERMINATION OF AGREEMENT BY THE COMPANY:

    The company may terminate this agreement at any time if:

    The independent contractor does not comply with this agreement, or the company forms the opinion, on reasonable grounds, that mutual confidence and trust do not exist between both parties.

    Upon the termination of this agreement, or whenever requested by the company the independent contractor is responsible to return and proprietary information, client lists, trade secrets, intellectual property, documents, client records, plans, digital recordings(audio/visual) including pictures, and software.

    27. ACKNOWLEDGEMENT OF RECEIPT:

    This agreement shall be governed by, and construed under, the laws of Connecticut. The agreement is valid upon the date that this document has been signed by both parties.

    In witness whereof, each party has signed the agreement in the city of Stamford, Connecticut, on

    THE COMPANY
    INDEPENDENT CONTRACTOR
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