Mobile Care Service Contract

MOBILE CARE SERVICE CONTRACT

This Mobile Care Service Contract ("Agreement") is entered into as of by and between , a service provider that operates mobile care units ("Service Provider"), and , the recipient of services ("Client").

WHEREAS

WHEREAS, Service Provider operates mobile care units that deliver on-site health, maintenance, and support services designed to be performed at Client locations; and

WHEREAS, Client desires to retain Service Provider to perform the services described in this Agreement at the locations specified by Client, and Service Provider is willing to provide such services under the terms and conditions set forth herein.

SCOPE OF WORK

Service Provider will perform mobile care services as described below. Services may include on-site assessments, routine maintenance, minor repairs, consultations, treatments, and related documentation as agreed in writing. Specific tasks, frequencies, and deliverables are set forth in the Scope of Work field below.

PAYMENT TERMS

Client shall pay Service Provider for services rendered in accordance with the rates and schedule below. All payments are due in U.S. dollars unless otherwise agreed in writing.

Invoices shall be delivered electronically or in hard copy as agreed. Client is responsible for all reasonable costs of collection, including attorneys' fees, for past-due amounts. Taxes imposed on the provision of services shall be paid by the party required by law to remit such taxes unless otherwise agreed in writing.

TERM AND TERMINATION

This Agreement commences on and shall continue until unless earlier terminated as provided herein.

Either party may terminate this Agreement for material breach by the other party if the breaching party fails to cure such breach within the notice period above. Either party may terminate without cause by providing the notice specified above. Termination shall not relieve Client of obligations to pay for services performed prior to termination.

CONFIDENTIALITY

"Confidential Information" means non-public information disclosed by one party to the other in connection with the performance of this Agreement. Each party shall maintain the confidentiality of Confidential Information and shall not disclose such information to third parties except to employees, contractors, or agents who have a need to know and who are bound by confidentiality obligations no less stringent than those herein. Confidential Information does not include information that (a) is or becomes generally available to the public through no breach of this Agreement; (b) is rightfully received from a third party without restriction; or (c) is independently developed without use of Confidential Information.

The parties acknowledge that breach of this clause would cause irreparable harm for which monetary damages alone may be insufficient; therefore, the disclosing party may seek injunctive relief in addition to any other remedy.

INSURANCE, EQUIPMENT AND ACCESS

Service Provider shall maintain commercial general liability insurance and, where applicable, professional liability insurance in amounts customary for the industry. Service Provider retains ownership of its mobile units, tools, and equipment unless otherwise agreed. Client shall provide reasonable access to premises and facilities required to perform services and shall ensure any site-specific safety requirements are communicated in advance.

INDEPENDENT CONTRACTOR; COMPLIANCE

Service Provider is an independent contractor and not an employee, agent, or partner of Client. Service Provider is responsible for all taxes, withholdings, and other statutory obligations arising from payments made under this Agreement. Each party shall comply with all applicable laws and regulations in performing its obligations under this Agreement.

Service Provider acknowledges and agrees that it will perform services as an independent contractor.

INDEMNIFICATION AND LIMITATION OF LIABILITY

Each party shall indemnify, defend, and hold harmless the other party from claims, liabilities, losses, damages, and expenses arising out of that party's breach of this Agreement, negligence, or willful misconduct. EXCEPT FOR LIABILITY ARISING FROM A PARTY'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, NEITHER PARTY SHALL BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES.

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of without regard to its conflicts of laws principles.

ENTIRE AGREEMENT

This Agreement, including any exhibits or attachments executed by the parties, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings, negotiations and discussions, whether oral or written. Any amendment or modification to this Agreement must be in writing and signed by both parties.

NOTICES

All notices required or permitted under this Agreement shall be in writing and delivered to the addresses below by hand, courier, or certified mail, or by electronic mail with confirmation of receipt.

MISCELLANEOUS

If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. The parties agree to attempt in good faith to replace any invalid provision with a valid provision that achieves the original intent. Neither party may assign this Agreement without the prior written consent of the other, except that Service Provider may assign to an affiliate or in connection with a sale of substantially all of its assets.

Sign Now