EXHIBIT 99.2
IDEPENDENT CONTRACTOR AGREEMENT
THIS AGREEMENT, entered into on the _______ day of ________________, 2003 by
and between Elderwatch, Inc. ("Elderwatch") with its principal place of
business being 0000 Xxxxx Xxxx Xxxxxx Xxxx, Xxxxxxxx 00, Xxxxx 000, Xxxxxxx
Xxxxxxx and Independent Contractor ("Contractor") whose principal address is :
________________________________
______________________________________. Social Security Number _________.
NOW THEREFORE in consideration of the mutual covenants undertaken by each of
the parties as follows:
1) Elderwatch provides a service to its clients my making regular visits to
the parents or other family members of its clients and reports back to the
client with its general observations as to the condition of the
patient/resident and the condition of the facility.
2) The Contractor is desirous of providing observational services to
Elderwatch and represents that he/she will provide such service under terms and
conditions set out by Elderwatch. Services must be performed directly by
Contractor and no substitutions may be made by Contractor.
3) Contractor represents that he/she will make as many regular visits as
required by Elderwatch under agreed scheduling and will complete an Elderwatch
Report Form promptly upon completion of each visit and deliver to Elderwatch's
place of business on the next weekday.
4) Contractor agrees to comply with the Elderwatch dress code.
5) Contractor will receive as compensation _________ percent (___%) of the
charge for each visit and report completed and submitted to Elderwatch.
Contractor will provide and pay for his/her own transportation, clothing and
business cards and any other expenses. Contractor acknowledges that Elderwatch
will make no deductions from any sums received as compensation. Any taxes,
Social Security contributions or Medicare fees shall be the sole responsibility
and obligation of Contractor.
6) Contractor's responsibilities are as an observer only and Contractor
warrants that he/she will honestly and diligently observe the patient/resident
on each visit and complete the Report Form on each visit immediately upon
leaving the facility without revealing contents of report to the facility or
any of its employees or representatives.
7) The parties agree and understand that they are providing a service as
laymen and make no representations that they have any medical training or
expertise. Should anything arise that causes immediate concern, Contractor
agrees to advise the facility so that patient/resident may be examined promptly
and to make a prompt report to Elderwatch .
8) Contractor represents that he/she is capable of providing the services
outlined in this agreement and agrees to notify Elderwatch promptly if this
ceases to be the case.
9) There is no specific term of engagement and Contractor will be paid on a
services rendered basis.
10) Contractor acknowledges and agrees that the services rendered the Client
is the exclusive jurisdiction of Elderwatch and further agrees that no attempt
to contact or communicate directly with the Client will be made. Any such
attempt shall be construed by Elderwatch as an attempt to damage its business
and appropriate legal remedies will be sought.
11) Should Contractor sever relationships with Elderwatch, Contractor agrees
not to solicit similar business or current clients of Elderwatch within a fifty
mile radius of Elderwatch's main place of business for a period of twenty-four
months.
12) Should any lawsuit be brought by either party for enforcement of terms
and conditions contained in this agreement, parties agree that the prevailing
party will be entitled to reasonable attorney's fees together with any costs
incurred in said litigation.
13) The parties to this agreement that this is not an employment contract
and either party can terminate the Contractor's visiting obligations upon
seven calendar days written notice. Notice should be sent to the parties
as follows:
To Elderwatch, Inc. at 0000 Xxxxx Xxxx Xxxxxx Xxxx
Xxxxxxxx 00, Xxxxx 000
Xxxxxxx, XX 00000
To Contractor ________________________________
________________________________
________________________________
14) Should any provision of this Agreement be ineffective or unenforceable
under law, the same will not affect the remaining provisions of this Agreement
as construed by the laws of the State of Florida.
15) Any term or reference to "he" or "she" shall be gender neutral and shall
apply to the appropriate individual as the case may be.
ELDERWATCH, INC.
By: ________________________________________
Its: ________________________________________
___________________________________________
INDEPENDENT CONTRACTOR
___________________________________________
Address
________________________________
________________________________
Telephone: _______________________
Social Security Number: ___________________
