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).
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