2021-09-13_skoyanagi_caregiver-agreement - Lavery comments (QC) - 07-09-2021_17059673_1 (1) (1).docx

CAREGIVER / AGENCY AGREEMENT

This Caregiver/Agency Agreement (this “Agreement”) is made by and between Home Care Assistance (Montreal) Inc., herein represented by ____________________________, duly authorized for the purposes hereof as he/she so declares (“HCA”) and ______________________________________________________, domiciled and residing at 
______________________________________________________ (the “Caregiver”) (collectively the “Parties”);

Terms of the Agreement

The Caregiver is hereby retained by HCA to provide caregiver and support services to clients of HCA on a scheduled basis (the “Services”). Services shall be performed in accordance with a schedule prepared by HCA and approved by the Caregiver.

HCA agrees to pay the Caregiver $________               per hour for Services rendered. Caregiver shall receive the wages herein prescribed on a biweekly basis. Caregiver shall not incur or charge HCA any other fees or expenses without the prior authorization of HCA.

This Agreement shall commenc on the date as mutually agreed upon by the parties (the “Effective Date”).

Absences

he Caregiver must inform a representative of HCA of any planned absence at least TWO (2) weeks in advance. Once the Caregiver has been scheduled for ervices, permission for any absence for non-medical reasons is at the sole discretion of HCA.

Client Interaction

Under no circumstances is Caregiver allowed to speak directly or indirectly to the client or a representative thereof regarding matters of pay. If the client attempts to solicit the Caregiver, the Caregiver must inform HCA of the interaction within TWENTY-FOUR (24) hours. Caregiver must never discuss personal concerns with the client and must report any such concerns to a representative of HCA.

The Caregiver may only accept money from a lient for the purpose of doing errands for them. All receipts and change must be promptly given back to the lient. In the event that the Caregiver uses his/her own money for errands for the lient, they must keep all receipts and provide copies to the office immediately following the shift. The caregiver will then be reimbursed for the expenses on their pay. The Caregiver may not accept any gifts (monetary or other) from clients. If the lient wants to give their Caregiver a gift, the lient must contact Home Care Assistance office to discuss.

Termination

The Agreement may be terminated without any payment on the happening of any of the following events:

The death of the Caregiver;

By the Caregiver providing FIFTEEN (15) day written notice

By HCA

In the event the Caregiver fails to provide the FIFTEEN (15) day written notice as provided in Section 5 a) ii) hereinabove, HCA reserves the right to deduct the sum of THIRTY-FIVE DOLLARS ($35.00) from the Caregiver’s wages as compensation to HCA for payment of the Caregiver’s Background Check;

Indemnity

In the event of any fraud, misrepresentation, or negligent act by the Caregiver in the course of the provision of the Services, the Caregiver agrees to compensate HCA and HCA shall not be held liable for any loss, costs, damages, expense and liability whatsoever in connection with such acts.

Caregiver acknowledges and agrees that in the event of a breach or threatened breach of Section ,  or  of this Agreement, HCA shall be entitled, in addition to any other remedies which it may have hereunder or at law or in equity, to a temporary and/or permanent injunction against Caregiver without the necessity of showing actual or threatened damage.

General Provisions

The failure of a Party to enforce at any time or for any period of time the provisions of this Agreement shall not be constructed to be a waiver of such provisions or of the right of such party thereafter to enforce each and every provision.

No changes to this Agreement or any of the provisions hereof, nor any representation, promise or condition relating to this Agreement shall be binding upon HCA unless made in writing and signed on behalf of HCA by a duly authorized officer.

If any provision of this Agreement or part hereof is held by a court of competent jurisdiction to be invalid or unenforceable for any reason, the remainder of the provisions shall remain in full force and effect.

The Agreement will be governed by and construed in accordance with the laws of the Province of Quebec

This Agreement  drafted in the English language at the request of all parties. Cette convention  rédigé en langue anglaise à la demande des parties.

HCA Representative | Caregiver

_____________________________________
(Signature) | _____________________________________   
       (Signature)

_____________________________________
(Printed Name) | _____________________________________
      (Printed Name)

_____________________________________
(Date) | _____________________________________
  (Date)