Service agreement Contract
I. The Parties. This Caregiver Agreement (“Agreement”) is by
and between Client (“Recipient”) and Arizona In Home Caregivers LLC
II. Term of
Agreement. This Agreement shall
commence on (“Effective Date”) and may be terminated by either
party upon reasonable notice to the other party.
III. Purpose. The purpose of this Agreement is to set forth
the terms and conditions under which Caregiver will assist Recipient with
instrumental activities of daily living in order for Recipient to continue to
live at home and prevent Recipient from moving to a residential or nursing care
Status: The Caregiver shall be
recognized as a 1099 Independent Contractor. The Caregiver is acting in their
own accord providing a service which recognizes the Caregiver as an Independent
Contractor as defined under Federal and State law. Therefore, Caregiver shall
bear all responsibility for the payment of Social Security and Medicare taxes
as well as any other withholdings as required under Local, State, and Federal
law. If the Caregiver decides at any time to obtain unemployment insurance they
shall have the right to do so under their own accord.
V. Compensation. Recipient shall pay Caregiver $30 hourly.
Commitment. The Caretaker shall
provide their services on an “as-needed” basis to the Recipient
provided it does not involve the Caretaker’s services for more than forty (40)
hours per week.
b.) Room and Board. The Recipient shall not be offering housing
assistance to the Caregiver.
c.) Reimbursement. Recipient shall reimburse Caregiver for all
out of pocket expenses borne by Caregiver in connection with the services
performed for the Recipient’s benefit. If the Caregiver is to drive their own
vehicle, he or she shall be reimbursed for the amount listed with the Internal
Revenue Service (IRS).
VI. Schedule. The Caregiver shall not be required to adhere
to a specific schedule at the start of this Agreement. Although, the Recipient
may require a schedule at any time with the Caregiver being required to start
and end their services at specific times.
VII. Services to be
Performed. Caregiver agrees to
provide care to Recipient at the their home. Services to be provided by
Caregiver will include, but shall not necessarily be limited to:
and Errands. The Caregiver
shall provide transportation in order to perform errands which may or not include
bringing the Patient to scheduled appointments.
b.) Meals. The Caregiver shall be required to provide
meals on a daily basis to the Recipient. The Caregiver shall be required to
daily prepare 3 meals.
c.) Cleaning. The Caregiver shall be required to perform the
following cleaning services as part of their duties: Patients Room and Laundry
d.) Financial. The Caregiver will not be asked to conduct
financial activities on behalf of the Recipient. All financial matters shall be
handled by the Recipient.
of Medication. The Caregiver is
not required to instruct or help the Recipient take any prescribed medication
or assist in their daily living or exercising routines.
f.) Assistance with
Everyday Life. That Caregiver
shall be responsible for transferring the Patient to and from their bed, chair,
toilet, or any other location as needed, scheduling tasks and making
appointments, keeping a careful monitor on all the Patient’s health levels,
Hereinafter known as
VIII. Vehicle. The Caregiver shall not be provided with a
vehicle. Caregiver shall be reimbursed by the Recipient in accordance with the
Internal Revenue Services (IRS) reimbursement rate per mile driven. Therefore,
the Caregiver shall be required to maintain a mileage log and submit to the
Recipient at the end of the payment period.
IX. Social Media. Caregiver understand that no information about
his/her location, plans for the day, pictures of the Recipient or family
members, associates, or friends shall be shared on any social media network.
Caregiver will be required to not inform strangers or third (3rd)
parties where he or she shall be spending their time during the day unless the
Recipient grants consent. Recipient may only grant such consent if he or she is
able to make conscious decisions on their behalf.
X. Amendments. This Agreement may be modified or amended
under the condition that any such amendment is attached and authorized by the
XI. Severability. This Agreement shall remain in effect under
the circumstance a section or provision is unenforceable or invalid. All
remaining sections and provisions shall be deemed legally binding unless a
court rules that any such provision or section is invalid or unenforceable,
thus, limiting the effect of another provision or section. In such case, the
affected provision or section shall be enforced as so limited.
XII. Governing Law. This Agreement shall be governed under the
laws in the State of Arizona.
Terms and Conditions. PIRATING
CLAUSE pirating practices or hiring the caregiver directly and secretly, inside
this agreement is strictly prohibited. In the event that the undersigned,
family, or anyone directly in relation to the client, secretly hires the
agency’s caregiver in the absence of any written notice whatsoever, the action
will be considered a breach of contract. A fee of $10,000 will be due based
upon the financial losses to business and opportunities caused by the
violation. A direct violation of this clause will be considered a breach of
contract and will be given to our legal counsel for the due legal process of
attention and collection. DIRECT HIRING CLAUSE In the event that the
undersigned desires to hire the agency caregiver directly within the said
written agreement, the undersigned is required to give a written 7 days notice
of the request addressed to the agency and agrees to the pay the referral fee
equivalent to two (2) months pay or two (2) months service contract. Said
payment will be given upon the direct hiring of the caregiver
Agreement. This Agreement,
along with any attachments or addendums, represents the entire agreement
between the parties. Therefore, this Agreement supersedes any prior agreements,
promises, conditions, or understandings between the Caregiver and