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CARE COUNSELLOR AGREEMENT
This Care Counselor Agreement (“Agreement”) is made between Samarth Life Management Private Limited, with its office at M 80 South City 1, Gurgaon 122001 (“Samarth”)
[Name] with a principal place of work at [city],[pincode] designated as Care Counselor (“CC”).
Samarth and CC shall be known collectively as the “Parties”.
WHEREAS this Agreement shall be made effective on the [today’s date]
1. Introduction & Scope
- Samarth offers family-quality, professional care for elderly through its operations team, network of Care Counselors, service-partners and providers. The services cover both physical and emotional needs of the elderly. The focus of Samarth’s approach is on building trust and a reputation for reliability and transparency. The mandate for every SAMARTH associate is “to act like the son/daughter to the elderly Care Members”. Care Counselors visit and interact with elderly, understand their needs, and fulfill the assigned tasks with the help of resources at their disposal.
- CC agrees to provide Samarth the services and/or deliverables as described in Appendix A. In case of any changes in the service requirements, the same will be communicated by Samarth to CC . The CC will act in an efficient, satisfactory, and economical manner, within the framework of the organizational policy and directions laid down by Samarth from time to time.The CC will report to the Chief Operating Officer (COO) of Samarth, or any other officer appointed/delegated by the COO.The initial location for delivering service will be at [Location] .
3. Payment for Services
- In consideration for the Services to be performed by CC, Samarth agrees to pay CC a fees as mentioned in Appendix B. In case of any changes in the payment terms, the same will be communicated by Samarth to CC.
CC shall be normally paid once a month based on Care visit reports submitted by CC to Samarth and duly approved by the COO, or any other officer appointed/ delegated by the COO, or within a reasonable time after CC submits an invoice to Samarth. The invoice should include the following: an invoice number, the dates covered by the invoice, a summary of the work performed, details of reimbursable expenses and any other information or details in accordance with this Agreement.CC understands that the CC is not eligible to participate in any employee pension, health benefits, vacation pay, sick pay, or other fringe benefit plan of Samarth.
However, Samarth may offer its services at preferential terms or complementarily to the CC , which shall not be recognized as perks or fringe benefits.CC will bear all of its own costs and expenses other than any reimbursable expenses communicated in advance. Payment shall be made within 15 days after Samarth receives an undisputed invoice. Samarth may deduct an amount from the payment ofany invoice to reflect statutory deductions, and any liability, debt or other obligation that CC owes to Samarth.
4. No Relationship/ Independent Contractor Status
- CC is an independent professional and nothing in this Agreement creates any employment or other relationship between Samarth and CC. In its capacity as an independent contractor, CC agrees and represents, and Samarth agrees, as follows:
-CC shall not be required by Samarth to devote full time to the performance of the Services required by this Agreement
-CC has the right to perform Services for others during the term of this Agreement as long as it does not conflict with satisfactory delivery of services in this agreement. This includes not taking up an assignment, honorary or remunerative, with an organization in elder care sector without the prior permission of Samarth.
-CC has the right to control the means, manner, and method by which the Services required by this Agreement will be performed, while maintaining the expected standards of delivery.
5. Confidential Information
- CC will not use any “Confidential Information” for any purpose other than as needed to perform CC’s obligations under this Agreement. When CC has fully performed its obligations under this Agreement, or at any other time upon Samarth’s request, CC will return to Samarth (or at Samarth’s option, destroy) all Confidential Information in tangible form that is in CC’s possession. The term “Confidential Information” means all information and materials relating to Samarth’s or its Affiliates’ business, in whatever form or medium, disclosed to or received by CC, whether visually, by perception, orally or in writing, whether disclosed before, on or after the Agreement Effective Date and whether or not specifically marked or otherwise identified as “Confidential” or “Proprietary,” including, without limitation, all summaries and notes prepared by or on behalf of CC, except that Confidential Information does not include any information CC demonstrates: (a) has become generally available to the public without breach of this Agreement, (b) CC later received from another person who did not violate any duty of confidentiality or (c) CC developed without use of any Confidential Information by persons who were not exposed to the Confidential Information.
6. Use of Work Product
- Except as specifically set forth in writing and signed by all parties, CC shall possess all copyright and patent rights with respect to all materials developed under this agreement and any statements of work, and Samarth is hereby granted a non-exclusive license to use and employ such materials within the scope of their business. The product of all work performed under this Agreement (“Work Product”), including without limitation all notes, reports, documentation, drawings, computer programs, inventions, creations, works, devices, models, works-in-progress, and deliverables will be the sole property of Samarth, and CC hereby assigns to Samarth all right, title, and interest therein, including, but not limited to, all audiovisual, literary, moral rights and other copyrights, patent rights, trade secret rights, and other proprietary rights therein. CC retains no right to use the Work Product and agrees not to challenge the validity of Samarth’s ownership in the Work Product. CC hereby assigns to Samarth all right, title, and interest in any and all photographic images and videos or audio recordings made by Samarth during CC Consultant’s work for them, including, but not limited to, any royalties, proceeds, or other benefits derived from such photographs or recordings. Samarth will be free to use CC’s name and/or likeness use in advertising and other materials.
- CC warrants to Samarth that the CC will comply with laws of the land while carrying out the Services to be performed under this Agreement. CC shall indemnify and hold Samarth harmless from any loss or liability arising from performing Services under this Agreement. CC shall not be liable for special or consequential damages, and in the event this limitation of damages is held unenforceable then the parties agree that by reason of the difficulty in foreseeing possible damages, all liability to Samarth or CC shall be limited to the cost of services. The CC will be in a position of trust vis-à-vis the elder in care and it is possible that CC may be offered or bequeathed a gift in cash or kind. The Counselor is not entitled and explicitly forbidden to receive any gift (monetary or in kind) from Care Member or their family. CC must report any such offer or gift promptly to Samarth. In case any gifts/monies are bequeathed to CC by the Care Member or their family, the CC is bound to return/assign these to the legal heir of Samarth. In the absence of any identifiable legal heir, the said gift/monies must be donated by CC to a Charity nominated by Samarth.
8. Entire Agreement
- This agreement constitutes the entire agreement between the parties hereto with respect to the the subject matter of this Agreement and supersedes all prior and contemporaneous understandings, agreements, and representations and warranties, both written and oral, with respect to such subject matter. Samarth acknowledges that it is entering into this Agreement solely on the basis of the representations contained herein.
9. Applicable Law
- This Agreement shall be governed by and construed in accordance with the laws of the Republic of India and courts in New Delhi shall have exclusive jurisdiction over any disputes arising from this Agreement
- All notices, requests, consents, claims, demands, waivers, and other communications hereunder (each, a “Notice”) must be in writing and addressed to the Parties at the addresses listed below (or to such other address that may be designated by the Party giving Notice from time to time in accordance with this Section). Except as otherwise provided in this Agreement, a Notice is effective only: (i) upon receipt by the receiving Party; and (ii) if the Party giving the Notice has complied with the requirements of this Section.
- (i)Notices to Samarth should be sent to:
M 80 South City 1, Gurgaon 122001, firstname.lastname@example.org
- (ii)Notices to CC should be sent to:
[First Name] [Last Name][City] [PostalCode], [Email]
11. Terms and Termination
- This agreement will become effective after being signed by both parties from the date that CC initiates services (Start date) for an assigned Care member and will be for a duration of one year from the Start date. The agreement will be renewed on the same terms, unless terminated in writing by either side by providing the other party 30 days written notice, or immediately upon giving written notice with reasonable cause.
Reasonable cause includes: A material violation of this Agreement; Any act exposing the other party to liability to others for personal injury or property damage. Upon termination CC will immediately stop work on the assignment, and Samarth’s sole liability will be to pay CC all undisputed amounts owing under this Agreement and any outstanding Statements of Work for Services performed as of the date of notice of termination. CC will hand-over to Samarth any work in process or finished Deliverables that Samarth pays for under this provision.
12. Other Provisions
- This Agreement may not be assigned by either party without the prior written consent of the other party. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement. This Agreement may be executed by electronic signature or a mix or physical and electronic signatures. IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
Appendix A: Services to be delivered by the CC
- Ensure all services offered by Samarth to the Care members and their family as per the subscribed Care Plan are provided satisfactorily in letter and spirit.
- Schedule and visit Elders/Care Members fortnightly or weekly (as agreed in their plan) for checking wellbeing and assist as required
- Accompany members on visits for errands like hospital visits, bank, shopping etc. as requested.
- Provide assistance for online activities as required – email, bill payment, travel bookings etc., imparting training to use these as needed.
- Help with understanding usage of basic technology (smart phone, computer etc.) as needed.
- Ensure high-level of availability and responsiveness over phone to the care members and Samarth team.
- Act as single-source of support for coordinating services (such as home healthcare, attendants, in-home services viz. plumbing and painting, and equipment maintenance) for care members through Samarth central operations team.
- Ensure prompt and proper record keeping and reporting (e.g. Visit Report).
- Above all, demonstrate a caring approach towards elderly and bring the Samarth “mission of acting like the son or daughter” to life.
In discharge of the service, the CC:
- shall not take any medical or financial decision on behalf of the Elders or their family who the CC is serving, except if it involves arranging emergency medical attention from a doctor or hospital in good-faith.
- You shall not offer or introduce any third-party service providers to the family without prior approval from Samarth.
- Will be responsible for safekeeping of your personal belongings during service visits. In case the CC perceives any threat to their safety, they will be free to leave the situation immediately.
- Agrees that Samarth may publish their work, likeness and name on social media platforms to highlight their accomplishments.
Appendix B: Fees for services
- During the period of this Agreement, CC shall be paid a consolidated fee for every Care Member visit of stipulated duration as per prevailing rate. For extra hours, CC shall be compensated as per prevailing rate communicated to the CC.
The fee is all inclusive and will be subject to deduction of income and other taxes at source as required by the prevalent rules and regulations of Indian Law.