Prestige PER-DIEM CAREGIVER EMPLOYMENT AGREEMENT

1. Introduction: This Per-Diem Employment Agreement is between Prestige Companion & Homemakers, LLC (called “Prestige”) and Caregiver. The terms and obligations of this Agreement apply whether the Caregiver works as an hourly basis or as a live-in Caregiver. Caregiver’s hourly rate depends on the type of service (e.g., companion v. personal care assistant) and whether you are working on an hourly or live-in basis. Set forth below are very important employment obligations and must be carefully read, understood, and then signed. If you do not sign this Agreement, Prestige will not be able to employ you or assign you any cases as signing this Agreement is a condition of employment at Prestige.

2. Caregiving Assignments : If Prestige, Client and Caregiver agree that Caregiver will take an assignment, the Caregiver must provide services on behalf of Prestige in accordance with Prestige’s Client Service Plan, this Employment Agreement, any other Prestige and Connecticut requirements. No Caregiver is allowed to provide medical care to a Client under any circumstances. When an assignment ends, Caregiver’s employment with Prestige ends. Employment will start again, and this Agreement and its terms will continue to apply if the Caregiver begins a new assignment for a Prestige Client within a year after the last assignment ends

3. Caregivers are Per-Diem , At-Will Employees. Nothing in this Employment Agreement, any other agreement, document, or statement of any kind is intended to or actually creates a promise of continued employment of any duration. All Caregivers are per-assignment, and at-will, per diem employees. This means the Caregiver or Prestige could terminate employment for any or no reason at all, at any time, even during an assignment. The Caregiver or Prestige may terminate this Agreement and work at any time by written or verbal notice to the other, but each will try to provide two weeks’ prior notice, if reasonable under the circumstances. Some of the exceptions are 1) if the Client terminates services in less than two weeks, 2)the Client requests a different Caregiver, or 3)the Caregiver fails to follow their obligations in this Agreement or in the Service Plan

4. Confidentiality of Client and Prestige’s Information

   1. Caregiver recognizes that Prestige has spent considerable time, money and effort developing its Client base, as well as other proprietary information to which Caregiver has and will continue to have access during the course of their employment, including confidential Client medical information. Caregiver agrees that, except as specifically authorized in writing by Prestige, he/she will not, at any time after their employment ends for whatever the reason, use, disclose, or permit any person, agency, corporation or other entity to obtain for any reason or purpose whatsoever the confidential information of Prestige except as may be required by law including, but not limited to, the following: (i) information relating to cost of services and reimbursement including all government and private payor contracts, (ii) financial information concerning Prestige’s charges, wages and benefits, (iii) information concerning computer programs or informational systems implemented by Prestige; (iv) any information concerning its referral sources or contractors; (v) information relating to its Clients or Client’s authorized representatives, Client’s financially responsible individuals and family members, including identity of Clients, and especially Client medical information.

   2. Prestige understands that Caregiver may make such confidential disclosures in good faith in limited situations in order to carry out the duties and responsibilities of the Caregiver’s position, without prior authorization. If the Caregiver has any question on whether certain information is confidential, the Caregiver must speak with their supervisor before disclosing.

   3. If Caregiver violates this confidentiality obligation, their employment will end, they will not be hired in the future and they may be sued in Court for damages suffered by Prestige, including the costs of bringing this lawsuit against Caregiver and attorneys’ fees.

5. No Solicitation.

   1. It is very important to Prestige that Caregiver agrees not to solicit or in any manner attempt to influence or induce any employee (including management and especially other Caregivers), to leave their employment with Prestige or have a Client terminate any services being provided by Prestige during an assignment or in-between assignments, for up to 1 year after Caregiver’s last assignment.

   2. If Caregiver violates this no-solicitation obligation their employment will end, they will not be hired in the future and they may be sued in Court for the damages suffered by Prestige, including the costs of bringing the lawsuit against Caregiver and attorneys’ fees. Caregiver also understands that Clients have entered into a Contract with Prestige, and that by violating this no-solicitation obligation with a Client, Caregiver is interfering with Prestige’s contract with the Client.

6. Agreement Not to Interfere with Prestige’s Business and Client Relationships?

   1. It is also very important to Prestige that Caregiver agrees that during their employment and for up to a 1-year period after Caregiver’s last assignment, the Caregiver will not intentionally interfere with any business relationships of Prestige, especially any Client relationships. Business relationships is defined to include any Client, employee, contractor, agent or representative, or any referral source relationships with Prestige. Caregiver understands that this is an important term of the Agreement.

   2. If Caregiver violates this no-solicitation obligation their employment will end, they will not be hired in the future and they may be sued in Court for the damages suffered by Prestige, including the costs of bringing the lawsuit against Caregiver and attorneys’ fees.

7. Mediation & Arbitration Requirement

   1. Except for violations of Section 4 (Confidentiality), Section 5 (No Solicitation) or Section 6 (Agreement to Not Interfere with Prestige’s Business and Client Relationships), all disputes, disagreements, issues, grievances or complaints (called “complaint”) of any kind, arising between Caregiver and Prestige relating to the Caregiver’s position, performance, wages, hours worked, overtime, payroll deductions, breaks, termination of employment or an assignment, failure to offer an available assignment or anything else, shall be resolved through non-binding mediation and then, if necessary, binding arbitration in Greater New Haven County. The mediation and arbitration proceeding will be confidential. This means all documents, testimony and records will be received, heard and maintained by the mediator and arbitrator, in secrecy, available for inspection only by Caregiver and Prestige and if applicable, their attorneys and accountants. This mediation and arbitration obligation requires the Caregiver and Prestige to proceed to mediation, and if necessary, arbitration, instead of going to Court except if Caregiver violates Section 4, Section 5 and/or Section 6 of this Agreement. If that occurs, Prestige could go to Court to sue Caregiver instead of mediation and arbitration.
      i. Caregiver and Prestige will each be separately responsible for the cost of their own attorneys and experts and split the cost of the mediator and arbitrator equally, which shall not be changed by the mediator or arbitrator.
      ii. If Caregiver and Prestige cannot agree on a mediator or, if applicable, an arbitrator, they agree to follow the procedures utilized by the American Arbitration Association (AAA) for selecting a mediator and arbitrator. Caregiver and Prestige are not obligated to choose a AAA mediator, AAA arbitrator or follow any other AAA rules or processes.

   2. Step 1. (Meeting). Before Caregiver and Prestige go to mediation, Caregiver and the Owners or their designee, agree to meet in-person at Prestige’s main office within 10 days of written notice by Prestige or Caregiver to try and resolve the complaint. If that fails, then Caregiver and Prestige will go to Step 2, which is mediation.

   3. Step 2. (Mediation). As soon as reasonably possible after Step 1 failed to resolve all of the complaint(s), Prestige and Caregiver shall select a mediator and attend a single-session of non-binding mediation in order to make a good-faith effort to resolve the complaint(s). Non-binding means that Caregiver and Prestige do not have to agree to the recommendations of the mediator. If the mediation resolves the complaint(s), a settlement agreement will be drafted at the mediation and signed by Prestige and Caregiver. If the mediation is not completed or does not go forward for any reason within 60 days after the written request to mediate, both sides will be required proceed to arbitration.

   4. Step 3.(Arbitration). If the mediation is completed but is unsuccessful in resolving the complaint(s), the Caregiver and Prestige must proceed with binding arbitration as soon as reasonably possible, but no later than 45 days after the mediation ends. The arbitration will be before one arbitrator. If Prestige or Caregiver fail or refuse to proceed to arbitration, the other side will have the right to go to Superior Court to enforce the obligation to arbitrate and to recover reasonable attorneys’ fees incurred in doing so. The arbitrator shall not award either side damages that are more than 6 months’ equivalent of Caregiver’s pay the past year or up to the maximum pay received if employed less than 6 months. Binding arbitration means Caregiver and Prestige must follow the decision of the arbitrator.

   5. Step 4. (Decision). The decision of the arbitrator is final and binding on the Caregiver and Prestige and its Owners. Prestige and Caregiver may enforce the arbitrator’s decision in Superior Court, if Caregiver or Prestige or the Owners fail to follow or implement the terms and obligations of the arbitrator’s decision.

8. Signing this Employment Agreement. By signing below, I state that I understand all of the terms and obligations of this Employment Agreement and enter into it voluntarily. I am also stating that, if I did not understand any term or obligation in this Employment Agreement (especially my obligation to mediate and arbitrate, not solicit or interfere with Prestige’s business or Client relationships), I asked and had it explained to me to my satisfaction by a Prestige supervisor or manager. Finally, I understand that I may take up to 3 days to review and sign this Agreement, but I will not be eligible to be placed with any of Prestige’s Client until signed.

CAREGIVER