Caregiver Agreement - Template, Sample Form to Fill out Pro · NG-law

CAREGIVER AGREEMENT

THIS CAREGIVER AGREEMENT (this "Agreement") is made this ________ (the "Effective Date").

BETWEEN

________, of the following address:

________

bearing means of identification number ________ (hereinafter referred to as the "Caregiver", which expression shall where the context so admits include their personal representatives and permitted assigns);

AND

________, an individual, of the following address:

________

bearing means of identification number ________ (hereinafter referred to as the "Client", which expression shall where the context so admits include their personal representatives and permitted assigns).

The Caregiver and the Client are hereinafter individually referred to as a "Party" and collectively as the "Parties".

BACKGROUND

A. The Client desires to engage the services of a caregiver to provide the caregiving services particularly described in this Agreement.

B. The Caregiver represents that the Caregiver possesses the requisite skills, competence and experience to render the Caregiving Services and has agreed to render the same to the Client upon the terms and conditions set out in this Agreement.

NOW THEREFORE, in consideration of the fees, mutual promises, covenants and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows:

1. CAREGIVING SERVICES

1.1 The Client hereby engages the Caregiver to provide, and the Caregiver agrees to provide, the following services (the "Caregiving Services"):

(a) preparing the Client's meals, including snacks and beverages as required, while adhering to the Client's dietary needs and any prescribed medical requirements;

(b) cleaning the Client's home, providing laundry services and ensuring the proper organisation of the Client's home;

(c) running errands for and on behalf of the Client;

(d) taking the Client to hospital appointments and medical checkups, assisting the Client to take prescribed medication, and monitoring the Client's health, well-being and safety;

(e) providing companionship to the Client when required, including but not limited to accompanying the Client on outings and other outdoor activities;

(f) assisting with the day-to-day administration of the Client's household finances, strictly in accordance with the Client's instructions and subject to the Client's prior authorisation.

1.2 The Caregiver shall render the Caregiving Services with reasonable care, skill and diligence and in accordance with all applicable laws of the Federal Republic of Nigeria.

2. DUTIES AND OBLIGATIONS OF THE CAREGIVER

2.1 In addition to the Caregiving Services set out in Clause 1, the specific duties of the Caregiver shall include the following:

________

2.2 The Caregiver shall at all times act in good faith and in the best interest of the Client and shall not act in any manner that would bring the Client into disrepute.

3. DUTIES OF THE CLIENT

The Client undertakes to perform the following obligations:

(i) to pay the Caregiver's compensation, out-of-pocket expenses and all other fees required under this Agreement as and when due;

(ii) to provide all documents, materials, instructions and information reasonably necessary for the performance of the Caregiving Services;

(iii) to do all things reasonably required of the Client to enable the smooth and efficient performance of the Caregiving Services.

4. TERM AND TERMINATION

4.1 The Caregiver is engaged to provide the Caregiving Services for a period of ________, commencing on the Effective Date and ending on ________ (the "Term").

4.2 The Term may be renewed for a further period upon the mutual written agreement of the Parties.

4.3 Either Party may terminate this Agreement by giving the other Party not less than ________ prior written notice.

4.4 Notwithstanding Clause 4.3, either Party may terminate this Agreement with immediate effect by written notice where the other Party commits a material breach of this Agreement which is incapable of remedy, or which (being capable of remedy) is not remedied within ________ of receiving written notice requiring its remedy.

4.5 Upon termination, the Caregiver shall return to the Client all property, documents and materials belonging to the Client, and the Client shall pay the Caregiver all sums accrued and due up to the date of termination.

5. INDEPENDENT CONTRACTOR / NO EMPLOYMENT

5.1 The Parties agree that the Caregiver is engaged as an independent contractor and not as an employee of the Client. Nothing in this Agreement shall be construed as creating a relationship of employer and employee, partnership, agency or joint venture between the Parties.

5.2 The Caregiver shall not be entitled to bonuses, insurance, pension, gratuity or any other employment benefits, and the provisions of the Labour Act shall not apply to this engagement.

5.3 The Caregiver shall be solely responsible for the assessment, filing and remittance of all taxes payable on the fees received under this Agreement, including personal income tax payable under the Personal Income Tax Act (as amended).

6. LOCATION

The Caregiver shall provide the Caregiving Services from the following location (the "Location"):

________

7. WORK SCHEDULE

7.1 As of the Effective Date, the Caregiver's work schedule shall be as follows:

________

7.2 The Parties may modify the work schedule by mutual written consent.

8. FEES AND EXPENSES

8.1 As compensation for all services rendered under this Agreement, the Client shall pay the Caregiver the sum of \u20a6________ (________) per month (the "Fee").

8.2 Payment shall be made by ________ on or before the ________ of each month.

8.3 The Caregiver shall be entitled to be reimbursed for all incidental and out-of-pocket expenses reasonably incurred on behalf of the Client, provided that such expenses are authorised by the Client prior to being incurred and supported by appropriate receipts.

8.4 The Fee stated herein is exclusive of any taxes, and where any withholding obligation applies under Nigerian law, the same shall be deducted and remitted to the relevant tax authority in accordance with law.

9. HOUSING AND MEALS

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10. TRANSPORTATION

10.1 Where required for the performance of the Caregiving Services, the Client shall provide a vehicle to the Caregiver, and all expenses reasonably related to the Caregiver's transportation in the course of rendering the Caregiving Services shall be borne by the Client.

11. CONFIDENTIALITY

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11.2 The Caregiver agrees to hold all such Confidential Information in strict confidence and shall not, at any time during or after the Term, disclose, use or permit the disclosure of any Confidential Information to any third party, except where required to do so by law or with the prior written consent of the Client.

11.3 The Caregiver further agrees that the Confidential Information shall be used solely for the purpose of performing the Caregiving Services under this Agreement and for no other purpose whatsoever.

11.4 The obligations of confidentiality contained in this Clause shall survive the termination or expiration of this Agreement.

12. DATA PROTECTION

12.1 The Caregiver shall comply with the Nigeria Data Protection Act 2023 and any subsidiary regulations issued thereunder in respect of any personal data of the Client (including sensitive personal data relating to health) which the Caregiver may process in the course of rendering the Caregiving Services.

12.2 The Caregiver shall process such personal data only for the purposes of this Agreement, shall implement appropriate technical and organisational measures to safeguard the same, and shall not transfer such personal data to any third party without lawful basis or the Client's consent.

13. GOVERNING LAW AND DISPUTE RESOLUTION

13.1 This Agreement shall be governed by and construed in accordance with the laws of the Federal Republic of Nigeria.

13.2 In the event of any dispute, controversy or claim arising out of or in connection with this Agreement, the Parties shall first endeavour to resolve the same amicably through mutual negotiation and dialogue.

13.3 Where the dispute cannot be resolved amicably within thirty (30) days, the Parties agree to refer the dispute to mediation at ________, and failing resolution, the matter shall be submitted to the courts of competent jurisdiction in ________, Nigeria.

14. MISCELLANEOUS

(I) Variation: This Agreement may only be amended or varied by an instrument in writing signed by both Parties.

(II) Notices: All notices under this Agreement shall be in writing and shall be delivered personally, sent by registered or certified mail, or sent by electronic mail to the respective address of the other Party set out above or such other address as may be notified in writing.

(III) Headings: Headings in this Agreement are used for convenience only and shall not be construed to limit or affect the terms of this Agreement.

(IV) Counterparts: This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument.

(V) Entire Agreement: This Agreement, together with any addendum described as forming part hereof, constitutes the entire agreement between the Parties and supersedes any prior written or oral agreement between them.

(VI) Assignment: No Party shall assign any of its rights, obligations or duties under this Agreement without the prior written consent of the other Party.

(VII) Enurement: This Agreement shall enure to the benefit of and be binding on the Parties and their respective heirs, personal representatives, executors, administrators and permitted assigns.

(VIII) Cumulative Rights: The rights of the Parties under this Agreement are cumulative and shall not be construed as exclusive save as otherwise provided by law.

(IX) Waiver: Any term or provision of this Agreement may be waived in writing at any time by the Party entitled to the benefit thereof. No delay or omission to exercise any right shall be construed as a waiver.

(X) Severability: If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

(XI) Further Assurance: The Parties shall execute and deliver all such documents and take all such actions as may be reasonably necessary or incidental to give effect to the provisions of this Agreement.

IN WITNESS WHEREOF the Parties have duly executed this Agreement the day and year first above written.

SIGNED, SEALED AND DELIVERED by the within-named Caregiver

___________________
________

In the presence of:

Name: ________

Address: ________

Occupation: ________

Signature: ___________________

SIGNED, SEALED AND DELIVERED by the within-named Client

___________________
________

In the presence of:

Name: ________

Address: ________

Occupation: ________

Signature: ___________________