AGREEMENT FOR LEADS FROM SENIORS JOB BANK

 

This Agreement is made between the Seniors Job Bank, a nonprofit organization in West Hartford, CT (herein referred to as “we” “us” and “our”) and you (herein referred to as "you" or "your").
WHEREAS, as a community service, we maintain a listing of individuals aged fifty and over who have expressed interest in being engaged to perform jobs for others in certain job categories (each, a "Job Seeker") and we are willing to provide you with leads for Job Seeker(s) who may be available to perform a job for you in a job category you specify, subject to the terms and conditions of this agreement; and
WHEREAS, you are requesting that we provide you with leads for Job Seekers in one or more job categories that you specify, subject to the terms and conditions of this agreement;
 NOW THEREFORE, the parties agree as follows:
 
1.    Provision of Leads for Job Seekers. Upon receiving a job description from you that fits within a job category for which we have Job Seekers listed, we will exercise commercially reasonable efforts to identify leads for Job Seekers who may be willing to do the job you have identified (herein referred to as a "Job"). We are undertaking these services free of charge, in keeping with our mission. We will undertake to promptly provide you with Job Seeker leads, but we do not commit to provide you with Job Seeker leads in any minimum timeframe. We also make no commitment with respect to the number of Job Seeker leads we will be able to deliver to you or even that we will be able to provide you with any Job Seeker leads at all. If we cannot identify any Job Seeker leads for you within a reasonable time, we will let you know. We cannot guarantee the availability of any Job Seeker even if we have identified the individual as a lead. Job Seekers may be engaged in other activities that conflict with the Job and are free to decline a job for any reason or no reason at all.

2.    Lack of Representations or Warranties. Leads are given to you without representations or warranties. Our providing leads to you does not mean we endorse or recommend any Job Seeker, nor does it mean that a Job Seeker is qualified to do the Job or has any needed licenses. We have not verified the information any Job Seeker has given us, nor have we collected or reviewed references or done background checks. Job Seekers are not employees of ours and we do not have the responsibilities of an employer for any Job Seeker. We are not an employment agency. We receive no fee or commission under any circumstances, including if you hire a Job Seeker. 

3.    Your Responsibilities.  It is up to you whether to decide to consider or pursue a Job Seeker lead that we provide to you, in your sole discretion. You are free to consider and/or pursue job candidates identified by other means. If you decide to consider engaging a Job Seeker referred to you by us, you are responsible for confirming the Job Seeker’s qualifications and whether Job Seeker can meet all the requirements of the Job. You understand that we can give you no advice on hiring practices or evaluation of Job Seekers. If you decide to engage a Job Seeker, it will be up to you and the Job Seeker to decide on the compensation to be paid the Job Seeker and all details relating to the manner in which the Job Seeker will do the work. Similarly, it will be up to you and Job Seeker to determine if you are engaging the Job Seeker as an independent contractor or as an employee, thus triggering for you all the responsibilities of an employer.  We request that you let us know if you engage a Job Seeker and that you fill out a survey about your experiences with us and the Job Seeker.

4.    Waiver of Liability. You waive the right to bring or assert any claims of any type against us relating to or arising from any interactions or dealings of yours with any Job Seeker or a Job Seeker’s conduct in performing the job. You assume all risks in connection with any of your interactions or dealings with any Job Seeker or a Job Seeker’s conduct in performing the obligations of a Job, or your performance under this agreement.

5.    Release/Indemnification. You agree to release and hold harmless Seniors Job Bank and its directors, agents, officers, employees, and volunteers from any and all liability for, arising out of, or relating to any interactions or dealings of yours with Job Seekers or a Job Seeker’s conduct in performing a Job. You agree to indemnify and hold harmless the Seniors Job Bank and its directors, agents, officers, employees, and volunteers from and against any claims of any type, damages, costs or expenses, including reasonable attorney fees, arising out of or relating to any interactions or dealings of yours with Job Seekers, the actions, errors or omissions of either you or the Job Seeker in connection with the Job, or your violation of this agreement.

6.    Relationship of Parties. This agreement shall not be construed to create any association, partnership, joint venture, employee, or agency relationship between the parties for any purpose.

7.    Entire Agreement. This agreement and its attachments, if any, represent the entire agreement between the parties and may only be changed by a written amendment signed by both parties.

8.    Prohibition of Assignment. Neither party may assign or transfer this Agreement, nor any benefit or right under this Agreement, without the written consent of the other party.

9.    Term of the Agreement. This agreement will run from the date you check the check block below until ninety days after your last dealings or interaction with a Job Seeker unless sooner cancelled as provided in Paragraph 11. However, Paragraphs 4 and 5 will survive the end of the agreement.

10.    Cancellation.  This agreement will automatically be cancelled if we inform you that we are unable to identify any leads for you. In addition, either party may cancel the agreement by letting the other party know at any time prior to our providing you with leads.

11.    Performance. The failure of either party to insist upon strict performance of any terms or conditions of this agreement shall not be deemed a waiver of the term or condition or any remedy that each party has with respect to that term or condition nor shall it preclude a subsequent default by reason of the failure to perform.

12.    Power and Authority. Both parties represent and warrant that each respective undersigned has the power and authority to enter into and execute this agreement on the behalf of such party.

13.    Effect of Checkbox. Your checking the box below will be as binding and have the same legal effect as a signature would.

14.    Severability. If any provision of this agreement is declared or found to be illegal, unenforceable, or void, then both parties shall be relieved of all obligations under that provision. The remainder of this agreement shall continue in full force and effect.

15.    Governing Law.  This agreement is governed by the laws of the state of Connecticut, and any state of federal court in Hartford, Connecticut shall have exclusive jurisdiction and venue for any dispute arising under this agreement.