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Elderly Care Agreement

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					Elderly Care Agreement
This Elderly Care Agreement is between a caregiver and a client that wants to hire the
caregiver. The caregiver can provide services such as preparing meals, washing dishes,
doing laundry, running daily errands, and much more. It is important to get these types
of agreements in writing to ensure that the understandings of both parties are properly
set forth. This agreement is ideal for individuals or small businesses that want to give or
receive caregiver services.
                                  ELDERLY CARE AGREEMENT

THIS ELDERLY CARE AGREEMENT (hereinafter referred to as the “Agreement”) is made
and entered into as of __________________, [Instructions: Insert the date of this agreement]
by and between ________________________ [Instructions: Insert the Caregiver’s name]
(hereinafter referred to as the “Caregiver”), of _________________________________
[Instructions: Insert the Caregiver’s address] and ________________________
[Instructions: Insert the Client’s name] (hereinafter referred to as the “Client”), of
_________________________________. [Instructions: Insert the Client’s address]

WHEREAS, Client desires to employ Caregiver to provide care for Client; and subject to the
terms and conditions contained herein, the Caregiver desires to accept such employment.

NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth
below, it is hereby covenanted and agreed by the parties as follows:

1.       EMPLOYMENT

        a.      Caregiver shall use Caregiver’s best efforts to provide care for the Client each
week from _________________ [Instructions: Insert weekday Caregiver will start providing
services] through _________________ [Instructions: Insert weekday Caregiver will finish
providing services] from __:__ am [Instructions: Insert the daily start time of service] to
__:__      pm    [Instructions:     Insert     the     daily    end     time     of    service]     at
_________________________________________ [Instructions: Insert the address where
service will be provided] (the “Residence”). During this time, Caregiver shall perform such
other duties as are customary performed by elderly care professionals, including, without
limitation: (i) continual care and supervision of Client; (ii) observation of changes in Client’s
physical, mental, emotional, and social functioning; (iii) notification to Client’s family,
physician, and other appropriate person/agency of Client’s needs; (iv) preparation of three (3)
nutritionally balanced meals per day to be served to Client and, if necessary, assistance with
feeding; (v) cleaning the kitchen, including washing dishes; (vi) grocery shopping for Client;
(vii) assistance with personal activities of daily living such as: dressing, eating, using the toilet,
bathing, grooming, and other personal care needs, including without limitation
____________________; [Instructions: Insert additional personal care needs] (viii)
performance of deep cleaning of the Residence on a weekly basis or as otherwise needed; (ix)
maintenance of Client’s bedroom in a neat and orderly condition; (x) running daily errands for
Client; (xi) laundering Client’s dirty clothes and bed linens; (xii) assistance in meeting necessary
medical and dental needs; (xiii) assistance with taking prescribed and over-the-counter
medications in accordance with physician’s instructions; (xiv) providing spiritual, physical,
social, or companionship needs of Client; and (xv) assist Client with transportation needs by
driving the Client and/or arranging for transportation .

        b.     Caregiver understands that as condition of employment hereunder, Caregiver
must use Caregiver’s best efforts to abide by all guidelines and rules provided by Client, whether
orally or in writing, including without limitation, the following rules: (i) with the exception of
required police or emergency personnel, all guests must be pre-approved by Client prior to entry


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into the Residence; (ii) Caregiver shall not be dishonest with Client; (iii) Caregiver shall not
remove Client personal property from Client’s home without prior approval; (iv) cigarette
smoking by Caregiver or Caregiver's guests is not permitted in the home nor at any time; (vi)
alcohol consumption is not permitted while Caregiver is on duty; (iv) illegal drugs use by
Caregiver is not permitted at any time, whether on or off duty.

2.       TERM AND TERMINATION

Caregiver’s employment by Client shall be on an “at will” basis. This Agreement may be
terminated as follows:

       a.      By Caregiver, at any time, for any reason, on the giving of __________ (___)
[Instructions: Insert number of days notice required for Caregiver to terminate
employment] days written notice to Client. Client may waive notice, in whole or in part and if it
does so, Caregiver’s entitlement to remuneration and benefits pursuant to this Agreement will
cease on the date that Client waives such notice.

       b.      By the Client, in its absolute discretion, without any notice or pay in lieu thereof,
for cause. For the purposes of this Agreement, cause includes: (i) any material breach of the
provisions of this Agreement, including failure to perform job responsibilities; (ii) dishonesty,
lying to or stealing from Client; (iii) unapproved guests; (iv) misuse of Client property or
automobile; (v) Smoking cigarettes or consumption of alcohol while on duty; (vi) use of illegal
drugs at any time, whether on or off duty; and/or (vii) allowing the Client’s safety to be
compromised.

        c.      By Client, in its absolute discretion, for any reason on giving Caregiver
__________ (___) [Instructions: Insert number of days notice required for Client to
terminate employment] days written notice or on paying Caregiver the equivalent pay in lieu of
notice. The payments contemplated in this paragraph include all pay under applicable state
and/or federal statute. In the event the minimum statutory requirements as at the date of
termination provide for any greater right or benefit than that provided in this Agreement, such
statutory requirements will supersede the payments contemplated hereunder. Caregiver agrees to
accept payment in lieu of notice, as set out in this paragraph, as a full and final settlement of all
amounts owed to Caregiver by Client upon termination (including any statutory or common law
rights and/or remedies) and Caregiver expressly waives any claim to any other payment or
benefits from Client.

3.       COMPENSATION

        a.     Salary. As full compensation for all services provided for herein, Client shall pay
Caregiver a salary of __________ Dollars ($_____) [Instructions: Insert salary amount] per
year (the “Salary”) to be paid in [Instructions: Choose one] weekly OR semi-monthly OR
monthly installments. Such payments shall be subject to deductions by Client, as Client is
legally required to make or as otherwise agreed by Caregiver.




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        b.     Expense Reimbursement. It is understood and agreed that Caregiver may incur
expenses, in connection with Caregiver’s duties hereunder. Provided that Client grants its prior
written approval of such expenses, Client will reimburse Caregiver for such reasonable expenses,
within __________ (___) [Instructions: Insert the number of days Client has to reimburse
Caregiver] days of Client’s receipt of Caregiver’s itemized list of expenses.

4.       TIME OFF

Caregiver shall be entitled to vacation time in the amount of __________ (___) [Instructions:
Insert the number of vacation days Caregiver will receive per year] days per year, during
which time Caregiver’s Salary will be paid in full, which shall constitute Caregiver’s vacation,
sick days and personal time. Such time off may be taken at such time or times as is mutually
agreed. Caregiver shall also be entitled to time off, during which time Caregiver’s Salary will be
paid in full, on all major holidays, normally celebrated by salaried employees.

5.       MISCELLANEOUS

       a.     This Agreement constitutes the entire agreement between the parties hereto with
respect to the specific subject matter hereof and supersedes all prior agreements or
understandings of any kind with respect to the specific subject matter hereof.

       b.       In the event that any provision or part of this Agreement shall be deemed void or
invalid by a court of competent jurisdiction, the remaining provisions or parts shall be and
remain in full force and effect.

         c.     Any modification to this Agreement must be in writing and signed by the parties
or it shall have no effect and shall be void.

        d.      This Agreement is not assignable or transferable by either party, in whole or in
part, without the prior written consent of the non-assigning party.

        e.      Any notice required or permitted to be given to Caregiver shall be sufficiently
given if delivered to Caregiver personally or if mailed by certified mail, return receipt requested
to Caregiver’s address last known to Client. Any notice required or permitted to be given to
Client shall be sufficiently given if delivered to Client personally or if mailed by certified mail,
return receipt requested to Client’s home.

       f.      No failure by either party to pursue any remedy resulting from a breach of any
provision of this Agreement by the other party shall be construed as a waiver of that breach or as
a waiver of any subsequent or other breach unless such waiver is in writing and signed by an
authorized representative of the non-breaching party.

       g.     This Agreement shall be governed in accordance with the laws of the State of
_________________________ [Instructions: Insert the state’s laws that will govern this
agreement] applicable to agreements to be wholly performed therein, without giving effect to its
laws governing conflict of laws.



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IN WITNESS WHEREOF, the parties have duly executed this Agreement as of the date first
written above.

CAREGIVER:                                                       CLIENT:



__________________________                                       __________________________
__________ [Instructions: Insert name]                           __________ [Instructions: Insert name]
Authorized Signatory




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Description: This Elderly Care Agreement is between a caregiver and a client that wants to hire the caregiver. The caregiver can provide services such as preparing meals, washing dishes, doing laundry, running daily errands, and much more. It is important to get these types of agreements in writing to ensure that the understandings of both parties are properly set forth. This agreement is ideal for individuals or small businesses that want to give or receive caregiver services.