EXHIBIT 99.2
INDEPENDENT CONTRACTOR AGREEMENT
THIS AGREEMENT, entered into on the _______ day of ________________, 2003
by and between Elderwatch, Inc. ("Elderwatch") with its principal place of
business being ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇, ▇▇▇▇▇ ▇▇▇, ▇▇▇▇▇▇▇
▇▇▇▇▇▇▇ 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 ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇
▇▇▇▇▇▇▇▇ ▇▇, ▇▇▇▇▇ ▇▇▇
▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇
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: ___________________
