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1. Parties and Relationship

This Independent Contractor Agreement (the "Agreement") is entered into between YolanCare ("YolanCare", "we", "us") and the individual caregiver identified by the electronic signature below (the "Caregiver", "you"). YolanCare operates an online marketplace that connects families and clients ("Clients") with independent caregivers. YolanCare is not a home care agency, is not the employer of the Caregiver, and does not direct or control the manner in which caregiving services are performed. The Caregiver is an independent contractor and is solely responsible for the services they provide.

2. Services

The Caregiver may offer and provide personal support, companionship, and other non-medical care services to Clients as agreed directly between the Caregiver and each Client. The Caregiver represents that they are legally entitled to work in Canada, hold all required certifications and licenses for the services offered, and will provide services in a safe, professional, and lawful manner.

3. Independent Contractor Status

Nothing in this Agreement creates an employer-employee, partnership, joint venture, or agency relationship between YolanCare and the Caregiver. The Caregiver: (a) sets their own schedule and rates within YolanCare's marketplace; (b) provides their own equipment and supplies unless the Client provides them; (c) is responsible for their own income taxes, CPP/EI contributions, HST/GST where applicable, and any other statutory obligations; and (d) is not entitled to employment benefits, vacation pay, overtime, or termination pay from YolanCare.

4. Fees and Payments

YolanCare charges the Caregiver a subscription fee of CAD $19.99 per month after a 14-day free trial, and a 5% booking fee on completed bookings arranged through the platform. Clients pay the Caregiver's advertised rate through the platform; YolanCare remits the balance to the Caregiver after deducting applicable fees. The Caregiver may cancel their subscription at any time; unpaid subscription or booking fees remain owing.

5. Background Checks and Verification

The Caregiver consents to YolanCare and its verification partners conducting identity checks, criminal record checks, and verification of any credentials the Caregiver submits. The Caregiver agrees that YolanCare may display verification badges based on these results and may suspend or remove listings if verification cannot be completed or if information provided is inaccurate.

6. Insurance and Liability

The Caregiver is solely responsible for obtaining and maintaining any insurance (including liability coverage) appropriate for the services they provide. YolanCare does not provide insurance to the Caregiver and is not liable for any loss, injury, damage, or claim arising from services the Caregiver performs. The Caregiver agrees to indemnify and hold harmless YolanCare from any such claims to the fullest extent permitted by law.

7. Conduct and Professional Standards

The Caregiver will treat every Client with respect and dignity, comply with all applicable laws (including privacy, health, and safety laws), maintain the confidentiality of Client information, and not discriminate on any prohibited ground under the Canadian Human Rights Act or applicable provincial human rights legislation. The Caregiver will not solicit Clients off-platform in order to avoid platform fees.

8. Term and Termination

This Agreement takes effect when the Caregiver signs it electronically and continues until terminated. Either party may terminate this Agreement at any time by written notice or by closing the Caregiver's account. YolanCare may suspend or terminate the account immediately for a breach of this Agreement, verification failure, or conduct that could harm Clients or the platform. Sections 3, 4, 6, 7, 9, and 10 survive termination.

9. Governing Law

This Agreement is governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. Any dispute arising out of or relating to this Agreement will be resolved in the courts of Ontario, without regard to conflict of laws principles.

10. Entire Agreement

This Agreement, together with YolanCare's Terms of Service and Privacy Policy, forms the entire agreement between the Caregiver and YolanCare regarding the Caregiver's use of the platform, and supersedes any prior representations. If any provision is held unenforceable, the remaining provisions remain in effect. Electronic signatures are legally binding under Canadian electronic commerce legislation.