Practice Staffing Temporary Employment Agreement

Please Read the Information Below

Practice staffing is excited to have you join our team. Please read the temporary employment agreement below and sign electronically in the space provided. PLEASE NOTE THAT A SIGNED AGREEMENT IS REQUIRED FOR JOB PLACEMENT. If you have any questions, please contact Practice Staffing at [email protected].

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(hereinafter referred to as the “TEMPORARY EMPLOYEE”), collectively referred to as the “Parties,” both of whom agree to be bound by this Contract. PRACTICE STAFFING is in the business of providing temporary staffing personnel to dental practices (hereinafter referred to as “CLIENT”). The “TEMPORARY EMPLOYEE” is signing this agreement with the understanding that they may be provided temporary employment at one of PRACTICE STAFFING’s CLIENTs. PRACTICE STAFFING maintains a separate agreement with each CLIENT and this contract is between PRACTICE STAFFING and TEMPORARY EMPLOYEE only.

1. General Terms.

This is not a permanent employment contract and under no circumstances may it be construed as such. PRACTICE STAFFING is an “at will” company, meaning you enter employment voluntarily, and you are free to resign for any reason or no reason with a five (5) day written notice. Similarly, PRACTICE STAFFING is free to conclude its relationship with any TEMPORARY EMPLOYEE at any time for any reason or no reason. The TEMPORARY EMPLOYEE is hereby notified that should any payments under this contract be considered taxable income, such payments will be reported to the Internal Revenue Service (IRS) and the TEMPORARY EMPLOYEE is responsible for preparing and filing any appropriate taxes.

2. Equal Employment Opportunity & Hiring

To provide equal employment, employment decisions at PRACTICE STAFFING will be based on merit, qualifications, and abilities. We will not discriminate in the hiring process based on race, color, religion, sex, disability, age, height, weight, marital and family status, sexual orientation, or national origin. PRACTICE STAFFING will always attempt to hire the best-qualified applicants. PRACTICE STAFFING will make reasonable accommodations for qualified individuals with known disabilities unless doing so would result in an undue hardship. This policy governs all aspects of employment, including selection, job assignment, compensation, discipline, termination, and access to benefits and training.

3. Terms of Work

a. The TEMPORARY EMPLOYEE shall perform work as required by the CLIENT the employee is assigned to and/or PRACTICE STAFFING, on days, weekends, full time, etc. This shall not be construed as a permanent relationship between TEMPORARY EMPLOYEE, PRACTICE STAFFING or CLIENT.

b. The TEMPORARY EMPLOYEE may be required to perform work in place of another employee on a temporary basis, as a relief for the duration of the job or during the absence of another employee. The TEMPORARY EMPLOYEE will be informed in advance should the TEMPORARY EMPLOYEE’s services be required, and CLIENT details will be given to the employee including but not limited to location, supervisor, duties, pay rate and expected duration of assignment.

c. The TEMPORARY EMPLOYEE shall always follow the safety rules, regulations, and working conditions of the CLIENT or state and local law and maintain the highest standard of professionalism.

d. A daily timesheet will be kept tracking hours worked and the TEMPORARY EMPLOYEE will be paid for hours the TEMPORARY EMPLOYEE provides to the CLIENT. If the TEMPORARY EMPLOYEE withdraws their services for whatever reason, they will not be due any payment from the Company for work not performed.

e. The TEMPORARY EMPLOYEE will be required to fill out, sign and validate hours with the CLIENT EACH WEEK and turn a CLIENT signed timesheet into PRACTICE STAFFING by no later than Fridays at 3pm ET. PRACTICE STAFFING work week is from Saturday-Friday and PRACTICE STAFFING will pay Employee weekly on Fridays for the one-week period ending the previous Friday.

4. Licensure

The TEMPORARY EMPLOYEE agrees that he/she has an active license or certification (if required by law) in the state in which services will be provided and agrees to furnish proof of active license to PRACTICE STAFFING before starting employment. Failure to produce a copy of an active license will result in immediate cancellation of agreement.

5. Confidential information

The TEMPORARY EMPLOYEE acknowledges that they may be given access to or acquire confidential Information about CLIENT and/or PRACTICE STAFFING. TEMPORARY EMPLOYEE agrees that during the term of this agreement and any time thereafter it will not use or disclose to any person or company (except with the written consent of PRACTICE STAFFING or if ordered by a Court of competent jurisdiction) any confidential Information obtained for any reason or purpose. TEMPORARY EMPLOYEE also agrees that it will use due care and diligence to prevent any unauthorized use or disclosure of such information. As used herein, “Confidential Information” is but not limited to the following: compensation data, financial information, marketing strategies, intellectual property, personnel/payroll records CLIENT information, patient information etc.

6. Protected Health Information (PHI)

As a non-employee who is on the premises of a CLIENT of Practice Maximization The TEMPORARY EMPLOYEE may have access to Protected Health Information (“PHI”) as well as “confidential” information. Both are valuable and sensitive information and protected by law. This will set out the terms and conditions which information created or received by or on behalf of the Practice may be used or disclosed under state law and the Health Insurance Portability and Accountability Act and updated through HIPAA Omnibus Rule of 2013 (hereafter “HIPAA”). Confidential information includes, but is not limited to any information about employees, any computer log-on codes or passwords, physician information, any financial information, any proprietary information, or anything that is otherwise designated as confidential by the Practice. Protected Health Information (hereafter “PHI”) includes all identifiers under C.F.R. § 164.514 and defined under HIPAA as individually identifiable health information, held, or maintained by the Practice that is transmitted or maintained in any form or medium. Disclosure and use of PHI or confidential information includes, but is not limited to, the display or distribution of tangible physical documentation, in whole or in part, from any source or in any format (e.g., oral, electronic, paper, digital, internet, social networks, posting, FAX, etc.). As a non-employee, the TEMPORARY EMPLOYEE agrees to comply with the following terms:

a. All data available to the TEMPORARY EMPLOYEE will be treated as confidential information.

b. The TEMPORARY EMPLOYEE will not access any confidential information, including personnel, billing or private information, or PHI for which the TEMPORARY EMPLOYEE have no responsibilities or need to know.

c. The TEMPORARY EMPLOYEE will not use or disclose any confidential or PHI information in violation of HIPAA or any other applicable law.

d. All confidential and PHI information the TEMPORARY EMPLOYEE receives will be held and treated as confidential and will not be disclosed in any manner whatsoever, in whole or part, except as authorized by HIPAA and state law.

e. The TEMPORARY EMPLOYEE will not divulge, copy, release, sell, loan, review, alter or destroy any confidential information or PHI except as properly authorized by the CLIENT and within the scope of TEMPORARY EMPLOYEE’s professional activities.

f. The TEMPORARY EMPLOYEE will immediately report suspected disclosures of PHI or confidential information to the CLIENT and PRACTICE STAFFING. Upon the end of your relationship with the CLIENT and/or PRACTICE STAFFING, the TEMPORARY EMPLOYEE understand that disclosure of confidential information or PHI is prohibited indefinitely, even after termination of this agreement. Under state and federal law and regulations governing an individual’s right to privacy, the TEMPORARY EMPLOYEE understands you may be subjected to civil fines for which you may be personally responsible and criminal sanctions for unlawful or unauthorized access to or use or disclosure of an individual’s confidential information. The TEMPORARY EMPLOYEE understands that if you violate any of the terms set out above, you may be subject to disciplinary actions, including loss of privileges, termination of contract, legal action for monetary damages or injunction, or both, or any other remedy available.

7. Indemnifications:

To the extent permitted by law, the TEMPORARY EMPLOYEE agrees to defend, indemnify, and hold PRACTICE STAFFING harmless from any and all claims, losses, and liabilities that PRACTICE STAFFING incurs (including reasonable attorney’s fees) that are proximately caused by the fault, negligence, gross negligence, recklessness or violation of any federal, state or local law, regulation or ordinance involving the TEMPORARY EMPLOYEE as a result of the TEMPORARY EMPLOYEE’s and/or PRACTICE STAFFING’s actions, or omission that arise from TEMPORARY EMPLOYEE’s breach of this Agreement, or that arise from risks inherent in TEMPORARY EMPLOYEE’s business, or that are expressly disclaimed by PRACTICE STAFFING in this Agreement.

8. CONSENT TO INJUNCTIVE RELIEF

The TEMPORARY EMPLOYEE acknowledges that a breach of this agreement in whole or in part would cause irreparable injury to the company. In the event of such breach or threatened breach the TEMPORARY EMPLOYEE agrees that the Company shall be entitled to obtain a temporary restraining order and/or a preliminary or permanent injunction against the TEMPORARY EMPLOYEE and others acting in concert or participation with the TEMPORARY EMPLOYEE without the necessity of proving irreparable harm or injury as a result and recover its reasonable attorney’s fees incurred in connection with any such injunction.

9. STATUTE OF LIMITATIONS

The parties agree not to file any action, suit, claim or charges relating to this Agreement more than 180 calendar days (or in less time if any applicable law so requires) after the event, practice or action complained of, and agree to waive any state or federal statutes of limitation to the contrary (except those requiring a shorter period), to the extent permitted by applicable law. The parties understand that the statute of limitations for claims arising out of this Agreement may be longer than 180 calendar days but agree and understand that any action arising out of this Agreement including those related to breach of contract, discrimination, benefits, termination of employment, or other terms or conditions of employment, is barred if it is not filed within the 180 calendar day period (or in less time if any applicable law so requires). The parties understand and agree that the 180-calendar day period (or applicable shorter period) will not be extended for any reason, including continuing violations and agree to waive the application of the continuing violations doctrine.

10. LIMITATION OF LIABILITIES

The TEMPORARY EMPLOYEE hereby waives and releases PRACTICE STAFFING, its parent, subsidiaries, affiliates, employees, directors, officers, and agents from any and all possible claims, demands, suits and causes of action for incidental and consequential damages, including but not limited to, lost profits, business interruption or similar claims or damages it may have arisen out of or relating to PRACTICE STAFFING’s performance or alleged breach of this Agreement. Neither party shall be liable to the other for any loss or other damages caused by an interruption of, or failure to perform under this Agreement, where it is due to causes beyond the reasonable control of PRACTICE STAFFING or the TEMPORARY EMPLOYEE.

11. Contract Termination

PRACTICE STAFFING may end the contract for any reason at any time. The TEMPORARY EMPLOYEE may terminate the agreement for any reason by giving a five (5) business day written notice. Should the TEMPORARY EMPLOYEE wish to terminate this contract, the TEMPORARY EMPLOYEE will only be entitled to receive payment for the hours that the TEMPORARY EMPLOYEE worked. Should the TEMPORARY EMPLOYEE be found guilty of violating any part of this agreement, then the contract could be terminated immediately.

12. Employment

In the event the TEMPORARY EMPLOYEE is hired directly or indirectly by the CLIENT while on assignment or up to 1 year after the last day of the assignment, the TEMPORARY EMPLOYEE agrees to notify PRACTICE STAFFING immediately within one (1) business day and agrees that such employment will result in a placement fee to the CLIENT. Notification must include start date, rate of pay, bonuses, commissions, or all information regarding hiring agreement with CLIENT. If PRACTICE STAFFING uncovers a TEMPORARY EMPLOYEE is hired directly or indirectly by the CLIENT without being properly notified by the TEMPORARY EMPLOYEE, PRACTICE STAFFING reserves the right to recoup placement fees from the CLIENT or TEMPORARY EMPLOYEE.

13. Electronic Consent

Each party agrees that this Agreement and any other documents to be delivered in connection herewith may be electronically signed, and that any electronic signatures appearing on this Agreement, or such other documents are the same as handwritten signatures for the purposes of validity, enforceability, and admissibility. By selecting the “I Accept” button, you are signing this Agreement electronically. You agree your electronic signature is the legal equivalent of your manual signature on this Agreement. By selecting “I Accept” you consent to be legally bound by this Agreement’s terms and conditions. You further agree that your use of a keypad, mouse or other device to select an item, button, icon or similar act/action, constitutes your signature (hereafter referred to as “E-Signature”), acceptance and agreement as if actually signed by you in writing. You also agree that no certification authority or other third-party verification is necessary to validate your E-Signature and that the lack of such certification or third-party verification will not in any way affect the enforceability of your E-Signature or any resulting contract between you and PRACTICE STAFFING. You also represent that you are authorized to enter into this Agreement and will be bound by the terms of this Agreement.

14. Consent to Electronic Delivery:

You specifically agree to receive and/or obtain all PRACTICE STAFFING related “Electronic Communications” (defined below) via PRACTICE STAFFING. The term “Electronic Communications” includes, but is not limited to, all current and future notices and/or disclosures that various federal and/or state laws or regulations require that we provide to you, as well as such other documents, statements, data, records, and any other communications regarding your relationship with PRACTICE STAFFING. You acknowledge that, for your records, you can retain Electronic Communications by printing and/or downloading and saving this Agreement and any other agreements and Electronic Communications, documents, or records that you agree to using your E-Signature. You accept Electronic Communications provided via PRACTICE STAFFING as reasonable and proper notice, for the purpose of all laws, rules, and regulations, and agree that such electronic form fully satisfies any requirement that such communications be provided to you in writing or in a form that you may keep.

THE VALIDITY OF THIS AGREEMENT, ITS CONSTRUCTION, INTERPRETATION, AND ENFORCEMENT, AND THE RIGHTS OF THE PARTIES HERETO SHALL BE DETERMINED UNDER, GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF MICHIGAN. THE PARTIES AGREE THAT ALL ACTIONS OR PROCEEDINGS ARISING IN CONNECTION WITH THIS AGREEMENT SHALL BE TRIED AND LITIGATED ONLY IN THE STATE AND FEDERAL COURTS LOCATED IN THE COUNTY OF KENT, STATE OF MICHIGAN OR, AT THE SOLE OPTION OF PRACTICE STAFFING, IN ANY OTHER COURT IN WHICH AGENT SHALL INITIATE LEGAL OR EQUITABLE PROCEEDINGS AND WHICH HAS SUBJECT MATTER JURISDICTION OVER THE MATTER IN CONTROVERSY. THE TEMPORARY EMPLOYEE WAIVES, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, ANY RIGHT TO ASSERT THE DOCTRINE OF FORUM NON CONVENIENS OR TO OBJECT TO VENUE TO THE EXTENT ANY PROCEEDING IS BROUGHT IN ACCORDANCE WITH THIS AGREEMENT.

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