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Zachary
Zachary, Attorney
Category: Legal
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Experience:  Lead trial/International commercial attorney licensed 11 yrs
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Im a 40 year old quadriplegic male who is attempting to hire

Customer Question

I'm a 40 year old quadriplegic male who is attempting to hire Registered nurses and Practical Nurses on a long term basis, to provide skilled nursing services to me.

Guided by the practicing rules that are mandated by the North Carolina Board of Nursing.

Is there anything I should be certain to include or not include in the contracts I plan to create between me and the nurses.
Submitted: 1 year ago.
Category: Legal
Expert:  Zachary replied 1 year ago.
Hi,

Thank you for your question.

You will want a section that specifically defines the type of services you want them to perform.

You will want to add in provisions which make them an independent contractor.

It should look something like this:

A. Contractor is an independent business person and agrees that none of the terms of this Agreement shall be construed, whether directly or indirectly and under any circumstances, to infer that Company exercises control over Contractor, or that Contractor is an employee of Company. Contractor shall be free to exercise judgment as to the companies and/or persons to whom it solicits under this Agreement, and the time, place, and manner of solicitation. Company and/or its Sales Manager may from time to time adopt regulations by which Contractor should operate its services under this Agreement to the extent that said regulations do not interfere with Contractor’s freedom of action hereunder.

B. Contractor shall have complete discretion concerning: (1) when and where to work, however, Company and/or Company’s Sales Manager reserve the right to designate the time(s) during the day when all applicable ESA Documentation will be distributed to Contractor and the times said forms will be returned to Company and/or Company’s Sales Manager; (2) what tools or equipment to use (excluding the terms set forth in Section 1(D)(3); (3) what workers to hire or to assist Contractor with his/her work under this Agreement; (4) where to purchase supplies and related services; (5) what work must be performed by a specified individual; and (6) what order or sequence to follow in the fulfillment of his/her obligations under this Agreement (except for the requirements that Contractors actions be in compliance with all applicable laws and regulations).

C. Contractor shall not be reimbursed for any expenses and costs he/she incurs in the course of his/her work for Company, including but not limited to transportation, fuel, mileage, car rental or airfare costs, telephone charges, lodging, meals and entertainment costs. In addition, in the instance that Company and/or its Sales Manager provides Contractor with any equipment, such as mobile phone devices, tablets or computers, Contractor shall be solely responsible for any associated fees, costs of service, charges, damage, repairs, losses and replacement costs related to such equipment.



You should require that the Nurse have some sort of liability insurance that would cover any negligent acts that she/he may do while taking care of you.

You should then state clearly how and when they are paid and whether they must invoice you for their services.

You need a provision defining the term of the contract (i.e., that this contract shall be for a one year term and may be terminated upon 3 days notice by either party).

You need some general provisions like these:

A. No Waiver - No forbearance or neglect on the part of Company to enforce any of the provisions of this Agreement shall be construed as a waiver of any of its rights or privileges hereunder, or affect its rights arising from any default, breach (material or not), or failure of performance by Contractor.

B. No Assignment - This Agreement is not transferable and/or assignable by Contractor unless agreed to in writing by Company. Company may assign this Agreement to an affiliate or any entity succeeding to all or substantially all of the assets of Company without the prior written consent of Contractor.

C. Governing Law - This Agreement shall be governed by and construed in accordance with the laws of the State of Texas applicable to contracts made and to be carried out in Texas (and without regard to principles of conflict of laws).

I. Entire Agreement - This Agreement, including any exhibits attached hereto, contains the entire agreement between and among the Parties and supersedes any prior understanding and/or agreements among or between the Parties with respect to the subject matter of this Agreement.

J. Agreement Binding - This Agreement may not be modified, changed or discharged, in whole or in part, except by an agreement in writing signed by the parties.

K. Amendment - This Agreement may be amended only by the written agreement of the Parties hereto.

L. Severability - Except as otherwise stated in this Agreement, any provision or article declared unlawful or unenforceable by a court of law or regulatory agency with jurisdiction, or deemed unlawful due to a statutory change, will not affect the otherwise lawful provisions of this Agreement.

M. Section Headings and Construction - The headings of Sections and Sub-Sections in this Agreement are provided for convenience only and will not affect its construction or interpretation.

N. Signed in Counter-Parts - For the convenience of the parties, this Agreement may be executed by facsimile and in counterparts, each of which shall be deemed to be an original, and both of which taken together, shall constitute one agreement binding on both parties.

O. Warranty of Authority - Contractor warrants that the individual executing this contract on behalf of Contractor has the actual authority to bind Contractor herein. Contractor shall not contest the authority of the executing representative hereunder.

By the execution and acceptance of this agreement, the parties acknowledge that they have read and understood each provision. This agreement, although drawn by Company, shall be construed fairly and reasonably, and not more strictly against one party than against the other.


These are the basics that I would put in a contract and these are just examples for you to follow (don't copy and paste because you need to redraft to fit your specific situation).

Please let me know if you have further questions. Please also consider rating my answer positively so that I am compensated by the website for my work on y our question.

Thanks,
ZDN
Zachary, Attorney
Category: Legal
Satisfied Customers: 3928
Experience: Lead trial/International commercial attorney licensed 11 yrs
Zachary and 12 other Legal Specialists are ready to help you
Customer: replied 1 year ago.


Hi Mr. ZDN,

Hopefully I will be able to get the entire contract into my questioning for your review.

First, are the two questions I need answered, Listed as (a) and (b).

How do I create a contract for a worker that serves to positions?

(a) Supervisor of contracting nurses as well as a staff nurse.

(b) NC do not require me to provide liability insurance, is it illegal to put it in Contract.


This Independent contractor agreement ("Agreement") Is entered into this date by and between ------- Located at ------ and ("Independent contractor")
Located at ------- ("Collectively"Parties).

Whereas, The client is engaged in contracting with independent contractor and does not provide nursing services himself,

Whereas, the independent contractor is licensed by the state of North Carolina As either a Registered nurse, licensed nurse practitioner, Family nurse practitioner, or certified nurse assistant,

Whereas, the Client contract with independent contractor to provide nursing services to himself,

Now, therefore, for Good and valuable consideration, The receipt And sufficiency of which is hereby acknowledged by the parties, it is agreed as follows:

Section 1. Service to be provided by independent contractor . The client desires to place the independent contractor with himself To provide nursing services for the following need: Quadriplegia.

The client shall not govern how the independent contractor shall perform their nursing duties.

Section 2. Relationship of the parties. This agreement shall not create a partnership, Joint venture, agency, employer/employee Or similar relationship Between client and independent contractor. It is the intent of the parties Here to That the independent contractor has been retained in the capacity of an independent contractor only. Neither that independent contractor nor the client Considers the independent contractor to be An agent or employee of the client For any purpose. The client is interested only in the results obtained under this agreement.

Section 3. No assignment. Both parties acknowledge that the client is entering into this agreement due to the special, Unique and extraordinary skills Of the independent contractor. Accordingly, This agreement may not be transferred, sold, or assigned to any other individual, Corporation, partnership, or joint venture without the clients prior written approval.

Section 4. Confidential information. Independent contractor hereby covenants, Warrants and represents that independent contractor will keep confidential , Both during the term of this agreement and forever After its termination, all information obtained from the client with respect to all secrets, proprietary matters, business procedures, of any nature, and will not disclose this information to any person's, Firm, Corporation, or other entity for any purpose or Reason whatsoever absent the written consent Of the client or order from a court Of competent jurisdiction. The client shall be entitled to an injunction restraining independent contractor From disclosing this information in the event of a breach or threatened breach of the provisions of this section.

Section 5. Representations and warranties. Independent contractor agrees not to make representation, Warranties, or comments binding the client without the clients prior consent. Independent contractor will execute no agreement on behalf Of the client nor shall independent contractor Hold him/herself Out as having such authority. In addition, independent contractor Warrants and represents to the client that independent contractors is free to enter Into this agreement and that this does not violate any agreements Hereto for Made by independent contractor.

Section 6. Compensation. For contracting nurses services to client independent contractor shall be paid ( WKLY Wage. WKND Wage, Time and a half on Christmas, Thanksgiving and the Fourth of July on a Biweekly timetable. Client shall not receive any monetary compensation for the actual nursing service is provided.

Section 7. Expenses.. Independent contractor shall bear all expenses incurred in providing the services contemplated hereunder.

Section 8. Taxes. The independent contractor shall Be responsible for all state, Federal, and local taxes, including estimated taxes and social security, And employment reporting for the independent contractor. The client shall not be required to withhold any amounts For state or federal income tax Or for FICA Taxes from sums becoming due under this agreement.

Section 9. Indemnification. Independent contractor shall indemnify and hold the client Harmless from any and all liability, claims, demands Arising out of independent contractors actions While performing his/her duties under the contract.

Section 10. Limitation of liability. Client shall not be liable for any damages or injuries suffered By independent contractor while performing duties under this agreement with the exception of intentionally negligent acts of client.

Section 11. Insurance. Independent contractor agrees that if he/she shall operate a motor vehicle during the term of this agreement, the client is not responsible for any damage or loss sustained by the use of said automobile during the term hereof. If independent contractor shall operate a motor vehicle In the performance of the services contracted For here under, independent contractor will maintain Public liability insurance in limits no less than $300,000/$500,000, And shall promptly furnish client with documentation evidencing same Upon clients requests.

Section 12. Termination. This agreement may be terminated by either party at any time for any reason. The terminating party shall send written notice To the non - Terminating party by certified mail, Return receipt requested or other delivery service requiring a signature for delivery confirmation, Of the intent to terminate the agreement. This agreement shall then terminate at fourteen to twenty -one (14-21) days. From the date upon which such notice is sent by the terminating party. Notwithstanding the foregoing, The client may terminate this agreement immediately, Without the sending of the aforesaid Notice, upon the death, bankruptcy, insolvency, or breach of any terms of this agreement of independent contractor.(forCause).

In the event this agreement is terminated with fourteen to twenty (14 to 21) days Notice as set forth herein, Independent contractor shall continue to perform under the terms Of this agreement during the aforesaid fourteen to twenty - one (14 to 21) days Notice. I shall be compensated Pursuant to the terms hereunder. Notwithstanding the foregoing, If the client terminates this agreement for cause, Independent contractor shall immediately Cease soliciting business on behalf of the client.

Section 13. Governing law. This agreement shall be governed by and construed in accordance with the laws of the state of North Carolina. The parties agree that this agreement shall be deemed Executed and completed in North Carolina, That this agreement shall be performed in North Carolina, And that the courts of North Carolina shall have jurisdiction over any disputes as a terms of this agreement. By the signatures below, the parties consent to personal jurisdiction by the courts of North Carolina and further, Waive any objections thereto. Venue you shall be exclusively in Wake County, North Carolina, and Service of process may be made by certified mail, Return receipt requested, Addressed to the party at the addresses set forth in this agreement.

Section 14. Attorney Fees. In the event any lawsuit or Action is brought by any party under this agreement To enforce any of its terms, or in any appeal there from, It is agreed that the prevailing party shall be entitled to reasonable attorney fees and costs.

Section 15. Entire agreement. This agreement contains the entire understanding Between and among the parties and supersedes Any prior understandings and agreements Among them respecting the subject matter of this agreement. Any modification hereof Must be in writing and signed by both parties hereto.

Section 16. Construction. No provision of this agreement shall be construed against or interpreted to the disadvantage of any party by any court or other governmental or judicial authority by reason of that party's having or being deemed to have prepared or imposed that provision.

Section 17. Notices. Notices and written consents required under this agreement shall be in writing and shall either be(1) Personally served or (2) Deliver by certified mail, Return receipt requested Or other delivery services Requiring a signature for delivery confirmation. Notices or consents shall be addressed to the receiving party at the address stated herein for that party.

Section 18. Good faith, cooperation and due diligence. The parties hereto covenant, Warrant and represent to each other good faith, Complete cooperation, due diligence and honesty In fact in the performance of all obligations Of the parties pursuant to this agreement. All promises and covenants are mutual and dependent.

Section 19. Duplicate originals. This agreement may be executed simultaneously in duplicate originals, each of which shall be deemed an original, And shall be admissible in any proceedings, legal or otherwise, without the production of the other such original.

Section 20. Binding effect. Each and all of the covenants, terms and provisions Of this agreement shall be binding upon and inure To the benefit of the parties and to their respective heirs, Executors, administrators, legal representatives, Successors and assigns.

Section 21. Server ability. Every provision of this Agreement is intended to be severable. If any term or provision is illegal or invalid for any reason whatsoever, that illegality or invalidity shall not affect the validity of the remainder of this agreement.

Section 22. Paragraph Headings. The paragraph headings contained in this agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this agreement.

Section 23. Legal counsel. This agreement is being made by each of the parties after each party has an opportunity to fully review, analyze, and obtain legal counsel with respect to this agreement and all of terms.

Section 24. Non-Waiver of Rights. The waiver of any breach or default under this agreement Does not constitute the waiver of any other breach or default, whether or not similar, nor any subsequent breach of the same provision. The election by either party or remedy contained in this Agreement is not exclusive of any other rights or remedies in law or equity other than as may be limited in this agreement.

IN TESTIMONY WHEREOF,each of the parties hereto has executed this agreement in such form has to be binding, this -------- day of. ------ , 20 -----


Client. Independent contractor


By.. --------------------------- --------------------------------

My name, client. Printed name -----------------------------


Finally I will be certain to draft this agreement without all the capital letters That I didn't take the time to erase
Expert:  Zachary replied 1 year ago.
When you say that NC does not require you to have liability insurance, what do you mean by putting that in the contract? Do you mean you want the contract to state that? If so, it would be fine to simply put in a clause which states "Independent Contract is aware that Client is not required to carry liability insurance and Independent Contractor agrees to provide liability insurance which will cover Independent Contractor's work with client in an amount up to $_______________(for you to decide).

On the Supervisor question, you would put it in the Services Provided section:

In addition to Contractor's work providing all appropriate nursing services to client, Contractor shall also act as a supervisor of any other nurse hired by client and shall handle issues of scheduling,_________(etc.).

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