Direct Hire Agreement
This Direct Hire Agreement (“Agreement”) constitutes a legal agreement between Helpr Inc (“Helpr”) and the person who is the family member and/or guardian of one or more dependents or family members for whom they seek to engage a care or domestic professional (“You”).
1. Engagement
You nominated one or more potential care or domestic professional candidates (each, a “Candidate”) and/or You hereby engage Helpr to refer one or more qualified potential care or domestic professional candidates (each, a “Candidate”) to You for your specific care needs (the “Caregiving Services”), and You shall elect, in your sole discretion, which Candidate, if any, shall be engaged for the requested position (the “Care Provider”).
Helpr advises each Family that receives the Caregiving Services to (i) comply with applicable local, state, and federal laws and regulations in connection with their employment of Caregivers, and (ii) treat each Care Provider with respect, but Helpr has no control over, and assumes no responsibility or liability for, the actions of any Family or a Family’s failure to comply with such laws.
You acknowledge that it is your sole responsibility to carefully review and select a Care Provider from among the Candidates presented by Helpr (if any) and the Candidates you nominated (if any), and to review and evaluate all background, employment, and driving information (as applicable) provided to You by Helpr, by the Candidate, and/or by the third-party professional investigative service that provided a background check on the Candidate. You acknowledge that background check information may be provided by Helpr and/or the third-party professional investigative service in stages, and you are advised not to make any decision about engagement of a Candidate until all background check information has been provided. You also acknowledge that due to the reporting practices of certain jurisdictions, background check information provided by Helpr and/or the third-party professional investigative service may not disclose all potentially relevant criminal offenses, such as DUI convictions.
All applicants will receive a background check in the countries in which they have disclosed residency within the last 7 years.
You further acknowledge that Helpr does not guarantee the accuracy or completeness of information provided by any third-party investigative service.
2. Engagement of Candidate
You shall solely make the decision to engage a Candidate. You shall be the principal of any Candidate who works or performs any services for, on behalf of, or related to You. Helpr, the company that employs You and through which you are using Helpr’s services (“Your Employer”), and any of Your Employer’s subsidiaries are not, and shall not be, an employer, or co-employer, or independent contractor for any Candidate and/or Care Provider.
You acknowledge and understand Helpr does not direct the hiring, work, compensation or discharge of any Candidate or Care Provider, and that neither Helpr, nor Your Employer, nor any of their subsidiaries, are responsible for paying or providing wages, taxes, or insurance related to any Candidate or Care Provider or for any tax reporting that may be required.
3. Waiver, Release, and Covenant Not to Sue
You agree that Helpr and its officers, directors, employees, insurers, and anyone acting on behalf of Helpr, Your Employer, and any of its subsidiaries, including but not limited to Your Employer, and its officers, directors, employees, insurers, and anyone acting on behalf of Your Employer (hereinafter the “Releasees”) shall have no responsibility or liability for any loss, delay, damage, personal injury, emotional distress, death, costs, fee or expenses of any type incurred by You or any third party in connection with the selecting and hiring of a care professional referred to You by the Releasees, including without limitation any loss, delay, damage, personal injury, illness, emotional distress, death, cost, fee or expense resulting from acts of God, acts of war or government restriction as well as events directly or indirectly caused by any acts or omission by or of a Candidate or Care Provider.
Further, You agree that the Releasees shall not be held responsible or liable for any claims, of whatever nature, that a Candidate or Care Provider may have or assert against You, and You waive any claim seeking indemnity or contribution from the Releasees. You agree to indemnify and hold the Releasees harmless from any and all such claims by a Candidate or Care Provider including, without limitation, any court costs and legal fees incurred in defending against any such claim.
General
The complete contents of this entire covenant not to sue, release, waiver, and discharge extend to any and all claims that may be made by you, or your spouse, child/children, family, estate, heirs, assigns, and anyone who might assert a claim on their behalf or on behalf of the minor child.
YOU HAVE READ THIS AGREEMENT FOR WAIVER, RELEASE OF LIABILITY, AND COVENANT NOT TO SUE. ADDITIONALLY, YOU UNDERSTAND THAT, BY SIGNING THIS AGREEMENT, YOU ARE GIVING UP LEGAL RIGHTS AND/OR REMEDIES THAT MAY OTHERWISE BE AVAILABLE TO YOU, YOUR SPOUSE, CHILD, FAMILY, ESTATE, HEIRS, ASSIGNS, AND ANYONE WHO MIGHT ASSERT A CLAIM ON YOUR OR ANY OF THEIR BEHALF OR ON THE BEHALF OF YOUR OR ANY OF THEIR DEPENDENT. YOU REPRESENT THAT YOU HAVE SIGNED THIS DOCUMENT FREELY, AND HAVE NOT RELIED ON ANY REPRESENTATIONS, STATEMENTS, OR INDUCEMENTS APART FROM THE WRITTEN CONTENTS OF THIS AGREEMENT. YOU ACKNOWLEDGE THAT YOU HAVE BEEN AFFORDED ADEQUATE OPPORTUNITY TO CONSULT WITH LEGAL COUNSEL REGARDING THIS AGREEMENT.
This document, along with the Helpr Terms of Service, contain the entire understanding of the parties and there are no oral agreements, understanding or representations relied upon by the parties. You and Helpr have read, understand, and agree to all of the foregoing provisions of this agreement and acknowledge that adequate opportunity has been given for legal counsel to review the provisions contained herein.
If you have any questions about this agreement, contact us at legal@hellohelpr.com.