Direct Hire Agreement
This Direct Hire Agreement (“Agreement”) constitutes a legal agreement between Helpr Inc (“Helpr”) and the person who is the adult parent and/or guardian of one or more dependents for whom they seek to hire a care or domestic professional (“Employer”).
Engagement. Employer hereby engages Helpr to refer one or more qualified potential child-care or domestic professional candidates (each, a “Candidate”) to Employer for Employer’s specific care needs, and Employer shall elect, in its sole discretion, which Candidate, if any, shall be engaged for the requested position.
Employer acknowledges that it is the Employer’s sole responsibility to carefully review and select a care or domestic professional among the Candidates presented by Helpr and to review and evaluate all background, employment, and driving information (as applicable) provided by Helpr and/or the professional investigative service.
Employer of Candidate: The Employer shall solely make the decision to offer employment to or employ a Candidate. The Employer shall be the employer of any Candidate who works or performs any services for, on behalf of, or related to the Employer. Helpr is not, and shall not be, an employer, or, co-employer of, nor independent contractor for, any Candidate and/or care professional. The Employer acknowledges and understands Helpr does not direct the hiring, work, compensation or discharge of any Candidate or care professional, and is not responsible for paying or providing wages, taxes or insurance related to any Candidate or care professional.
Waiver, Release, and Covenant Not to Sue: The Employer agrees that Helpr and its officers, directors, employees, insurers, and anyone acting on behalf of Helpr, (hereinafter the “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 the Employer or any third party in connection with acts or omission of the Candidate, including without limitation any loss, delay, damage, personal injury, emotional distress, death, cost, fee or expense resulting from acts of God, acts of war or government restriction Further, the Employer hereby voluntarily covenants not to sue the Releasees, and releases, waives, and discharges the Releasees from and against any and all liability for any and all claims and causes of action arising from or related to any act or omission by or of any Candidate or care professional.
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 the Employer, or their spouse, child/children, family, estate, heirs, assigns, and anyone who might assert a claim on their behalf or on behalf of the minor child as stated herein.
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 YOU OR ANY OF YOUR DEPENDENTS. 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 contains the entire understanding of the parties and there are no oral agreements, understanding or representations relied upon by the parties. Employer 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.