NURSING HOME PERFORMANCE AGREEMENT
This Nursing Home Performance Agreement (the "Agreement") is made and entered into on this day of , 20, by and between [Your Company Name], a corporation duly organized and existing under the laws of the State of , having its principal place of business at [Your Company Address] (hereinafter referred to as the "Company"), and [Employee Name], an individual residing at [Employee Address] (hereinafter referred to as the "Employee").
Recitals
WHEREAS, the Company operates a nursing home facility providing comprehensive care services to the elderly and individuals with special care needs;
WHEREAS, the Employee possesses specialized skills, qualifications, and experience in caregiving and related services necessary for the fulfillment of the Company's mission;
WHEREAS, the Company desires to employ the Employee, and the Employee wishes to accept such employment, subject to the terms and conditions set forth herein;
NOW, THEREFORE, in consideration of the mutual covenants, conditions, and agreements herein contained, the parties agree as follows:
Article I: Employment
Section 1.01 - Position and Duties
(a) The Company hereby employs the Employee, and the Employee hereby accepts employment with the Company, as a Caregiver. The Employee agrees to perform faithfully, diligently, and to the best of their ability, all duties that may be required by the express and implicit terms of this Agreement, under the direction, supervision, and control of the Company's management.
(b) The Employee shall perform such duties and responsibilities as are typically associated with the position of Caregiver, including but not limited to, health assessments, healthcare management, assistance with daily living activities, and any other duties reasonably assigned by the Company.
Section 1.02 - Best Efforts and Loyalty
The Employee agrees to exert their best efforts to promote the interests of the Company and shall not during the term of this Agreement be engaged in any other employment, occupation, or consulting directly related to the business in which the Company is now involved or becomes involved during the term of this Agreement, without the prior written consent of the Company.
Article II: Term and Termination
Section 2.01 - Term
This Agreement shall commence on the Effective Date and shall continue in full force and effect until terminated by either party with thirty (30) days written notice.
Section 2.02 - Termination
Notwithstanding the above, this Agreement may be terminated:
(a) Immediately by the Company for cause, including but not limited to, breach of this Agreement, commission of any act of fraud, embezzlement, dishonesty, or any other misconduct by the Employee.
(b) By either party without cause, upon thirty (30) days' written notice to the other party.
(c) Immediately upon the death or disability of the Employee, as defined under applicable federal and state law.
Article III: Compensation and Benefits
Section 3.01 - Salary
The Company shall pay the Employee a salary at an annual rate of $[Amount], payable in bi-weekly installments in accordance with the Company's standard payroll practices.
Section 3.02 - Adjustments
The salary specified in Section 3.01 shall be reviewed at least annually and may be adjusted by mutual agreement of the parties in writing.
Article IV: Confidential Information
Section 4.01 - Confidentiality
The Employee agrees to keep confidential and refrain from disclosing any and all proprietary information of the Company during the term of this Agreement and thereafter.
Article V: Miscellaneous
Section 5.01 - Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of , without giving effect to any choice or conflict of law provision or rule.
Section 5.02 - Entire Agreement
This Agreement contains the entire agreement between the parties relating to the subject matter hereof and supersedes all prior agreements and understandings, oral or written, between the parties with respect to such subject matter.
Section 5.03 - Amendment
No amendment, modification, or supplement of any provisions of this Agreement shall be valid unless in writing and signed by both parties.
Section 5.04 - Waiver
No waiver by either party of any default shall be deemed as a waiver of any prior or subsequent default of the same or other provisions of this Agreement.
Section 5.05 - Severability
If any term, provision, covenant, or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written.
[Your Company Name]
By:
Name:
Title:
Date:
[Employee Name]
By:
Date:
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