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CAREGIVER REPRESENTATION, INDEMNIFICATION, AND COMPREHENSIVE LIABILITY ASSUMPTION AGREEMENT

WHEREAS, the undersigned caregiver ("Provider") seeks to engage with CareUnityy LLC ("Agency") for the potential provision of non-medical caregiving services; and

WHEREAS, Provider acknowledges and understands that the nature of the relationship with Agency may be subject to classification as either an employee or an independent contractor based on specific assignments, hours worked, and operational directives as determined solely by Agency in accordance with applicable federal, state, and local statutes; and

WHEREAS, Provider voluntarily and knowingly seeks to assume all risks, liabilities, and legal exposures inherent in and related to the provision of in-home care services;

NOW, THEREFORE, in consideration of the mutual covenants contained herein and for other good and valuable consideration, Provider hereby agrees as follows:

1. ACKNOWLEDGMENT OF DUAL-STATUS POTENTIAL & TAX LIABILITY.
Provider expressly acknowledges and agrees that their status may be designated by Agency as either an employee or an independent contractor for specific assignments. Provider accepts full and sole responsibility for all tax liabilities, filings, insurance (including but not limited to general liability, professional liability, and workers' compensation where not provided), licensure, and legal compliance associated with their designated status under all relevant jurisdictions. Agency shall have no obligation for withholding, reporting, or payment of any taxes, benefits, or insurance premiums unless expressly required by law for a specific, documented employee assignment.

2. COMPREHENSIVE RELEASE OF LIABILITY, COVENANT NOT TO SUE, AND INDEMNIFICATION.
Provider, on behalf of themselves, their heirs, executors, administrators, successors, and assigns, hereby irrevocably and unconditionally RELEASES, WAIVES, DISCHARGES, AND COVENANTS NOT TO SUE Agency, its members, managers, officers, employees, agents, insurers, attorneys, successors, and assigns (collectively, "Releasees") from ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, OBLIGATIONS, DAMAGES (including direct, indirect, incidental, consequential, special, punitive, and exemplary), LOSSES, LIABILITIES, COSTS, AND EXPENSES (including reasonable attorneys' fees and court costs) of any nature whatsoever, whether known or unknown, suspected or unsuspected, accrued or unaccrued, fixed or contingent, which arise from, are related to, or are in any way connected with Provider's application, engagement, services performed, or interactions with clients, including, without limitation:
a. Any personal injury, bodily injury, emotional distress, illness, or death;
b. Any property damage or loss;
c. Any allegation of negligence, gross negligence, willful misconduct, fraud, or misrepresentation by Provider or Agency;
d. Any violation of any statute, regulation, ordinance, or law, including but not limited to privacy laws (HIPAA, HITECH, state equivalents), employment laws, and safety regulations;
e. Any claim arising from the disclosure, misuse, or loss of client or Agency confidential or proprietary information;
f. Any claim regarding classification of employment status;
g. Any acts or omissions of clients, family members, or other third parties.

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Provider further agrees to DEFEND, INDEMNIFY, AND HOLD HARMLESS the Releasees from and against the entirety of any and all aforementioned claims, losses, etc., brought by any third party, including clients, government agencies, or other caregivers.

3. PROFESSIONAL PROFILE AUTHORIZATION & INTELLECTUAL PROPERTY LICENSE.
Provider grants Agency a perpetual, irrevocable, royalty-free, worldwide, sublicensable license to use, reproduce, modify, distribute, publicly display, and create derivative works from Provider's name, likeness, image, voice, professional biography, credentials, work history, and any other materials submitted ("Profile Content") for any business purpose, including but not limited to marketing, advertising, client matching, and platform presentation. Provider waives any right of inspection or approval. Agency is not obligated to use any Profile Content. Provider warrants they own or have secured all necessary rights to grant this license.

4. BACKGROUND SCREENING & CONTINUING WARRANT OF ACCURACY.
Provider authorizes Agency to procure consumer reports, investigative consumer reports, and driver records at any time. Provider certifies all provided information is accurate and agrees to immediately notify Agency of any changes or subsequent incidents that could affect their eligibility. Falsification is grounds for immediate termination and may be reported to legal authorities.

5. CONFIDENTIALITY, NON-DISCLOSURE, & DATA SECURITY OBLIGATION.
Provider agrees to maintain in strictest confidence all non-public information concerning Agency and its clients. This obligation survives termination of any engagement. Provider is personally responsible for securing any devices or records containing protected health information (PHI) or personally identifiable information (PII) and is liable for any breach.

6. MANDATORY ARBITRATION, WAIVER OF CLASS ACTION, AND GOVERNING LAW.
Any dispute arising from this Agreement shall be resolved by final and binding arbitration administered by the American Arbitration Association under its Commercial Rules. Arbitration shall occur in Gwinnett County, Georgia. Provider WAIVES THE RIGHT TO A JURY TRIAL and the right to participate in any class, collective, or representative action. This Agreement is governed by Georgia law, without regard to conflict of law principles.

7. SEVERABILITY & ENTIRE AGREEMENT.
If any provision is found invalid, the remainder remains in full force. This document, including any incorporated policies referenced on the Agency's platform, constitutes the entire agreement.

ACKNOWLEDGMENT OF VOLUNTARY AND INFORMED CONSENT

BY CHECKING THE BOX, I AFFIRM THAT:

  • I HAVE READ THIS DOCUMENT IN ITS ENTIRETY.

  • I UNDERSTAND IT IS A LEGALLY BINDING CONTRACT THAT LIMITS MY LEGAL RIGHTS, INCLUDING MY RIGHT TO SUE.

  • I HAVE HAD THE OPPORTUNITY TO CONSULT WITH AN ATTORNEY OF MY OWN CHOOSING BEFORE ACCEPTING THESE TERMS.

  • I AM SIGNING THIS AGREEMENT VOLUNTARILY AND WITHOUT COERCION.

  • MY ELECTRONIC SIGNATURE IS THE LEGAL EQUIVALENT OF MY MANUAL SIGNATURE.

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