Please take a moment to review and sign our caregiver agreement.
In order to be added to our caregiver registry and be considered for placement with our clients, you must read, understand, and agree with the following. Please check the box at the bottom and click the button to indicate your agreement.
Hallmark Homecare, Inc., A Direct Referral Agency (“HHC”) and _____________________________ (“Applicant”) hereby enter into this Applicant Agreement (the “Agreement”).
Referral Service: Applicant understands and agrees that HHC is acting as a referral service. HHC will make reasonable efforts according to applicable law to refer Applicant to HHC’s clients seeking assistance with the activities of daily living. HHC will use its best efforts but does not guarantee Applicant’s referral, placement, employment, compensation, or terms of employment. In consideration for HHC’s referral services, Applicant agrees to the terms and conditions of this Agreement.
HHC Is Not Applicant’s Employer: HHC is not a party to any agreement made between a HHC client and Applicant, nor any decisions or control over the scope of care, pay or scheduling. Applicant understands and agrees that Applicant’s work schedule and the method, manner and means of employment, and any other terms and conditions of employment, will be determined by the client and Applicant. HHC will not be responsible for Applicant’s direction, supervision, control or compensation, and HHC is not Applicant’s employer, nor co-employer with the client. Rather, the client will be solely responsible for Applicant’s direction, supervision, control, compensation, and Applicant understands and agrees that the client is hiring Applicant not HHC. Accordingly, Applicant understands and agrees that he or she will be responsible for all employee related wages, taxes, withholdings, obligations and requirements according to applicable law.
Requirement to Contact HHC: Applicant understands and agrees that if HHC refers Applicant to a client, Applicant will immediately notify HHC if the client hires or otherwise engages Applicant’s services.
Confidential Information: Applicant understands and agrees that, to the maximum extent allowed by law, all information and materials Applicant receives from HHC about its clients are to be kept strictly confidential and are to be used only in conjunction with HHC’s referral services.
Disclosures: Applicant understands and agrees with the following:
HHC will attempt to refer Applicant to its clients for domestic services. The client will pay HHC’s referral fee. Applicant is free to sign an agreement with other Agencies to perform domestic work for persons not referred by HHC.
Applicant will inform HHC of any restrictions on hours, location, conditions, or type of work Applicant will accept, and Applicant is free to select or reject any opportunity offered by HHC clients.
Applicant will perform his or her work without any direction, control, or supervision by HHC and HHC does not provide training, tools, supplies or equipment necessary for Applicant to perform his or her work.
HHC is not obligated to pay Applicant if the client does not pay Applicant for his or her services. Payments from the client for Applicant’s domestic services will be handled by client or others they engage to perform such services on their behalf.
HHC has informed Applicant and Applicant understands and agrees that Applicant may be obligated to obtain business permits or licenses, where required by any state or local law, ordinance or regulation, and that Applicant is not eligible for unemployment insurance, state disability insurance, social security or workers’ compensation benefits through HHC. Finally, if Applicant is self-employed, Applicant understands and agrees that Applicant is required to pay self-employment tax, state tax and federal income taxes.
Disclaimer/Hold Harmless/Limitation of Liability: To the maximum extent allowed by law, except as specified in this Agreement, HHC disclaims and makes no express or implied guarantees, representations or warranties about any information, services or referrals it provides to Applicant. Applicant’s use of HHC’s services is at Applicant’s own risk. Additionally, HHC does not employ or exercise control or discretion over clients or any person to whom HHC refers Applicant, and disclaims all responsibilities for such individuals’ conduct or omissions.
To the maximum extent permitted by law, Applicant shall indemnify, defend and hold HHC and its owners, agents, employees, officers, directors, representatives, attorneys, and affiliated persons and entities harmless against any damages or liability whatsoever arising out of or in any way in connection with Applicant’s negligence, omission(s), conduct or misconduct.
In no event shall either party to this Agreement be liable for consequential, incidental, exemplary, punitive, special or indirect damages of any kind. If any waiver, exclusion or limitation of damages is not permitted by law, the parties’ liability to each other is limited to the maximum extent permitted by law.
Miscellaneous: This agreement shall be governed by and construed in accordance with the laws of the State of Nevada. Any action or proceeding commenced regarding this Agreement shall be brought in Washoe County, Nevada.
This Agreement is entered into by HHC and Applicant without reliance upon any statement, representation, promise, inducement, or agreement not expressly contained herein. This Agreement constitutes the entire agreement between HHC and Applicant and supersedes all prior oral and written agreements between HHC and Applicant with respect to the subjects covered in this Agreement. This Agreement shall not be amended or modified except in a mutually agreed upon writing signed by Applicant and an authorized representative of HHC expressly stating an intent to modify or amend this Agreement.
The parties hereby certify, represent and warrant that they have carefully read this Agreement, that they fully understand its final and binding effect, and that they agree to all its terms and conditions.