ICS US Healthcare Staffing LLC doing business as Thornbury Nursing Services (‘’the Agency”) and the licensed nursing professional (“the Professional”) who has signed below hereby agree to the following terms and conditions:
1. In this contract, the following capitalized terms shall be defined as set forth below:
a. “The Agency” means ICS US Healthcare Staffing LLC doing business as Thornbury Nursing Services.
b. “Assignment” means Agency arranged services performed by Professional for a Client.
c. “Client” means the hospital, surgical center, or other health care facility to which Professional has been introduced by Agency.
d. “Engage” means to book or use Professional’s services for the purpose of the Assignment and ‘Engagement’ shall have a
related meaning.
e. “Protected Health Information” is health data created, received, stored, or transmitted by health care facilities and professionals in connection with the provision of healthcare services and payment therefor, and includes individually identifiable health information, demographic data, medical histories, test results, mental health conditions, insurance information, and other information used to identify a patient or provide healthcare services or coverage.
2. The Professional warrants that the information provided to the Agency by him/her about his/her professional status, experience, and fitness to practice is true and correct.
3. The Professional agrees to appoint the Agency as agent for the purpose of securing on his/her behalf placements with Clients introduced by the Agency, and the Agency agrees to act as such agent, subject to these terms and conditions.
4. The Agency agrees to use reasonable efforts to obtain suitable Assignments for the Professional.
5. These terms and conditions shall constitute a contract for services between the parties and shall govern all Assignments that the Professional undertakes. These terms shall prevail over any other terms that the Professional may propose. No contract shall exist between the parties between Assignments. The Agency is acting as an employment agency.
6. The Professional will conduct him/herself in the manner of the highest professional and personal standards in the course of his/her duties, and will not engage in any conduct detrimental to the interests of the Agency or the Client. The Professional will not accept gifts from Clients, individual patients or their families. The Professional will cooperate with the Client’s staff and accept the direction, control, supervision, and instruction of any responsible person within the Client’s organization.
7. The Professional will hand over to the Agency at the end of each Assignment all documents and other materials belonging to the Client (and all copies) including documents and materials that the Professional may have created during the course of the Assignment which are in the Professional’s possession or control.
8. The Professional will keep accurate records of the Professional’s hours of work on the Client’s timekeeping system and shall report to the Agency any inaccuracy in or modification to such records. The Agency also requires the Professional to submit an accurate record of all shifts and hours worked to the Agency on a weekly basis, in accordance with the Thornbury Nursing Services US Handbook.
9. The Professional is required to produce evidence of his/her eligibility to work within the United States. Should the Professional’s circumstances change in any manner that might affect his/her continued eligibility to work in the United States, the Professional will inform the Agency immediately of the change. The Professional must furnish the Agency with proof of their identity as well as evidence of relevant licenses, training, and qualifications. The Agency may request additional information from the Professional and/or from any professional body to which the Professional belongs to determine the Professional’s suitability for any Assignment.
10. The Professional will not disclose to any person other than a person authorized by the Client any information that the Professional may have acquired during or in connection with an Assignment that is not already in the public domain including but not limited to information concerning the Client’s business, staff or procedures or the identity, medical condition, treatment or other personal details of any patient.
11. The Professional shall be present on the Client’s premises where assigned by the Client during the hours agreed by the Agency on the Professional’s behalf, and the Professional will inform the Agency directly, and as far ahead of the scheduled assignment as possible if the Professional is unable to report for the duties to which s/he has been assigned.
12. The Professional shall take all reasonable steps to safeguard his/her safety and the safety of others who may be affected by his/her actions at work.
13. The Professional will report to the Agency, as soon as practically possible, any mistake or error of judgment on his/her behalf, or accident or incident which may in any way adversely affect the welfare of any patient to whom he/she is administering. The Professional will immediately inform the Agency of any event that has resulted in disciplinary action being taken against him or her, any allegations, or the Professional’s suspension or dismissal from any position in which the Professional was working in a professional capacity as a result of the Professional’s alleged action or inaction. The Professional shall report such an occurrence regardless of whether or not s/he considers the allegations to be true or false.
14. The Agency will charge the Professional’s pay to Clients calculated on the basis of the pay rates advised by the Agency to the Professional prior to placement. This rate may be amended from time to time in the Agency’s discretion. The Agency will pay the Professional by direct deposit or other agreed payment method.
15. Unless expressly agreed otherwise in writing, the Professional is responsible for the cost of the Professional’s own meals, transportation, telephone calls, accommodations, and any other business expenses.
16. Professional’s pay will be subject to required withholdings such as federal and state income tax, social security, and Medicare tax.
17. For the avoidance of doubt, the Professional recognizes and further agrees that:
a. The Agency acts as an agent for other workers to whom similar or the same vacancies may be offered at the Agency’s discretion.
b. The Agency is under no obligation to secure Assignments for the Professional and there may be times where no work is available. The Agency will incur no liability to the Professional for lack of work.
18. If the Professional accepts an Assignment that is offered by the Agency, the Professional shall be deemed to have accepted these terms and conditions whether or not the Professional has signed the same. The Professional may accept or refuse any Assignment offered by the Agency at the Professional’s discretion.
19. If the Professional suffers an injury or job-related illness arising from or while on an assignment or while travelling to or from an assignment, the Professional’s sole remedy shall be to file a worker’s compensation claim.
20. The Agency’s liability to the Professional for any losses arising under this contract or the Agency’s breach of this contract or of any statutory provision is limited to the pay that the Agency may owe the worker at the relevant time.
21. No variation or alteration of these terms shall be valid unless approved in writing by an authorized officer of the Agency.
22. If the Client requires the Professional to work longer than the hours that are usual for the Client’s organization in any given week or, in any event, more than 40 hours in any given week, the Professional must notify the Agency as soon as reasonably practicable and in any event, before the 40 hours of work are completed.
23. If scheduled to work at least 6 hours, the Professional shall use his/her best efforts to ensure that s/he takes a meal break of at least 30 minutes and, if scheduled to work more than 8 hours, the Professional shall use his/her best efforts to ensure that s/he takes a second meal break of at least 20 minutes. In the event that the Professional is unable to take his/her meal break despite the Professional’s best efforts, the Professional shall inform Agency of said fact.
24. If the Professional needs a reasonable accommodation for his/her disability, the Professional should direct such request to the Agency’s Vice President of Operations at (646)-779-7957 or katherine.cleak@thornburynursing.com.
25. The Agency will confirm the Assignment and will provide all relevant details, including the Professional’s rate of pay, in a booking confirmation. The Agency shall pay the Professional at the rate of pay set forth in the booking confirmation. The booking confirmation, together with these terms and conditions, constitutes the Agency’s entire contract with the Professional.
26. If the Professional believes s/he has not received equal treatment or has been subject to discrimination or harassment, the Professional shall immediately report this fact to the Agency and shall cooperate with any investigation conducted by the Agency or by the Client.
27. If the Professional needs to leave an Assignment due to an emergency or other compelling reason, Professional must report such need to leave to the Agency at the Professional’s first opportunity.
28. The Agency may terminate this contract at any time without notice.
29. The Agency may at any time terminate any Assignment without notice.
30. The Professional shall be liable for and shall indemnify the Agency for any loss, liability, costs (including legal costs), damages or expenses arising from the Professional’s breach of this contract or any professional requirement, any negligent, reckless or fraudulent act, omission or default in the carrying out of any Assignment.
31. The Professional is required to procure a minimum of $1 million of insurance with a reputable insurance carrier to cover the Professional’s liability under clause 29 above, including professional malpractice insurance. Upon request, the Professional shall provide proof to the Agency of the existence of such insurance and evidence that the relevant premiums have been paid.
32. The Professional shall comply with all terms and conditions of any insurance policies at all times. If coverage under any insurance policy ceases or is materially changed, or the Professional has reason to believe that coverage may cease or be changed in a materially way, the Professional shall notify the Agency as soon as possible.
33. The Professional acknowledges that the Agency may be entitled in certain circumstances to charge the Client a fee if the Agency: (a) introduces the Professional to a third party that employs or engages Professional, or (b) engages the Professional directly or through another employment agency.
34. By signing below, the Professional agrees that s/he will not use, disclose, or in any way reveal or disseminate to unauthorized parties any non-public information that the Professional may learn in the course of his/her Client Assignment, included Protected Health Information of patients and Client’s operating methods and procedures. The Professional agrees s/he will not remove any physical or electronic documents, copies, equipment, or supplies from Client’s premises. The Professional understands and agrees that s/he will be legally responsible for any direct or consequential damages resulting from the Professional’s violations of this contract.
35. Any unenforceable or invalid term herein shall be deemed severed from the valid provisions which will remain in full force and effect.
36. This contract shall be construed and enforced in accordance with the laws of the State of New York.