Agreement for Senior Activity Services

Agreement with Limited Liability Company which Supplies Activity Directors and Companions for Seniors

Agreement made on the , between , a Limited Liability Company organized and existing under the laws of the state of , with its principal office located at (street address, city, state, zip code), referred to herein as LLC, and , of (street address, city, state, zip code), referred to herein as Client.

Whereas, LLC owns and operates an organization which supplies activity planner(s) and companion(s) to seniors at the address set forth above, and Client desires to participate in such services;

Now, therefore, for and in consideration of the mutual covenants contained in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:

1. Description of Services

The services to be performed by LLC will include the following:

A. Plan activities and supply a companion to seniors;

B. Accompany and provide transportation to various locations in the community for activities, appointments, and other outings that may interest a senior citizen.

C. Provide meaningful activities that meet the individual needs and interests of the Client;

D. Encourage the enjoyment of the Client of daily living;

E. Create a plan for the Client which will reflect the Client’s interests and capabilities, taking into consideration the cultural, religious, gender, and age-related preferences of Client;

F. Tailor the plan based on the strengths, capabilities, preferences, lifestyle and cultural background of the Client and his or her needs, being sensitive to the lifestyle and cultural background of the Client.

2. Payment

Client will pay LLC $ for the services to be performed under this Agreement, according to the schedule set forth in Exhibit A attached hereto and made a part hereof.

3. Relationship of the Parties

LLC is an independent contractor and is not an employee, servant, partner or joint venturer of Client. Client shall determine the services to be provided by LLC, but LLC shall determine the legal means by which she accomplishes the services in accordance with this Agreement. Client is not responsible for withholding, and shall not withhold or deduct from the commissions FICA or taxes of any kind, unless such withholding becomes legally required. LLC is not entitled to receive workers compensation, unemployment compensation, medical insurance, life insurance, paid vacations, paid holidays, pension, profit sharing, or Social Security on account of her services to Client.

4. Liability

The services to be performed under this Agreement will be performed entirely at Client’s risk. Client agrees to indemnify LLC for any and all liability or loss arising in any way out of the performance of this Agreement.

5. Duration of Agreement

Either party may cancel this Agreement on days' written notice; otherwise, the Agreement shall remain in force for a term of (specify period time) from the date of this Agreement.

6. Severability

The invalidity of any portion of this Agreement will not and shall not be deemed to affect the validity of any other provision. If any provision of this Agreement is held to be invalid, the parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungement of the invalid provision.

7. No Waiver

The failure of either party to this Agreement to insist upon the performance of any of the terms and conditions of this Agreement, or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as subsequently waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred.

8. Governing Law

This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of .

9. Notices

Any notice provided for or concerning this Agreement shall be in writing and shall be deemed sufficiently given when sent by certified or registered mail if sent to the respective address of each party as set forth at the beginning of this Agreement.

10. Mandatory Arbitration

Any dispute under this Agreement shall be required to be resolved by binding arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect.

11. Entire Agreement

This Agreement shall constitute the entire Agreement between the parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated in this Agreement.

12. Modification of Agreement

Any modification of this Agreement or additional obligation assumed by either party in connection with this Agreement shall be binding only if placed in writing and signed by each party or an authorized representative of each party.

13. Assignment of Rights

The rights of each party under this Agreement are personal to that party and may not be assigned or transferred to any other person, firm, corporation, or other entity without the prior, express, and written consent of the other party.

14. In this Agreement, any reference to a party includes that party's heirs, executors, administrators, successors and assigns, singular includes plural and masculine includes feminine.

WITNESS our signatures as of the day and date first above stated.