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Terms and Conditions

Services

Eldercare Specialists, INC will provide geriatric care management services that are consistent with the Client’s needs.  These services include but are not limited to:  assessments, care planning, arranging for services, telephone calls, home visits, reports, letters, email, travel time, etc.  Care management services may include management and coordination of services from third party vendors or independent contractors.

 Fees, Costs and Invoicing

Client agrees to pay Eldercare Specialists, INC for all services used according to the following schedule, plus applicable overtime, if any.

Purchaser agrees to pay Eldercare Specialists’ for services provided and costs incurred  in accordance with the Fee Schedule listed in the Service Agreement.

Eldercare Specialists will invoice Purchaser and Client once monthly. The amount invoiced is due and payable upon receipt.  Purchaser agrees to pay Eldercare Specialists a late charge of one percent (1%) on any amount past due for more than 15 days.

Client agrees that Client shall be jointly and severally liable for any and all of Purchaser’s payment obligations under this Agreement.  Client understands and agrees that Eldercare Specialists, INC may modify this fee schedule with 30 days written notice to Client. All fees are non-refundable, earned in full, and due and payable according to the terms of this Agreement.

Client can pay for services with credit card or check. Client agrees to provide Eldercare Specialists, INC with a valid credit card number, expiration date and other information to process payments; understands and agrees that Eldercare Specialists, INC shall charge Client’s credit card for all fees owed to Eldercare Specialists, INC if Client fails to pay all fees and charges in a timely manner in according to the terms of this Agreement. Client hereby irrevocably authorizes Eldercare Specialists, INC to place charges on said account in accordance with this agreement and agrees to pay all such charges and fees billed to Client’s credit card according to the terms of this Agreement.

Hazard Disclosure and Indemnification

 Before Eldercare Specialists provides any services, Purchaser and Client agree to disclose to Eldercare Specialists all hazards or other potentially dangerous features or conditions at Client’s Address

Except to the extent caused by the negligence of Eldercare Specialists or its agents, Purchaser and Client each agree to indemnify and hold harmless Eldercare Specialists and its members, owners, administrators, directors, coordinators, employees, contractors, subcontractors and agents from any claims, suits, causes of action, damages, costs, fees, or expenses arising out of or caused in any way by any feature or condition at Client’s Address, whether or not Purchaser or Client knew of any hazard presented by said feature or condition at Client’s Address or disclosed any such hazard or potential danger to Eldercare Specialists.

Limitations on Liability  

In no event shall Eldercare Specialists or its owners, managers, officers, employees, contractors or other affiliates be liable (jointly or severally) to client or purchaser for any damages, whether in an action under contract, negligence or any other theory, arising out of or in connection with the performance of services under this agreement, in an amount greater than the dollar amount client or purchaser has paid Eldercare Specialists in the six month period prior to the occurrence of such damages.  In addition, neither Eldercare Specialists, nor any of its owners, managers, officers, employees or other affiliates, shall be liable for any special, incidental, indirect, consequential or punitive damages of any kind, whether or not advised of the possibility of damages.

Transportation

The parties agree and acknowledge that the services to be provided under this Agreement do not include transportation by Eldercare Specialists or any representative, employee, agent or contractor of Eldercare Specialists of Client, Purchaser or any third persons.

The parties agree and acknowledge that if the services Eldercare Specialists is to provide Client necessitate Eldercare Specialists transporting Client or anyone else on Client’s behalf, Eldercare Specialists is not obliged to provide any such transportation.  If Client, purchaser or anyone on their behalf requests transporting of Client or third party by Eldercare Specialists they agree transportation will only be provided under the terms and conditions of the Transportation Release for Client.

General Provisions

Purchaser and Client understand and acknowledge that the services to be provided pursuant to this Agreement are not intended to substitute for medical consultation or care by qualified medical professionals.  Eldercare Specialists specifically disclaims any express, implied or statutory warranties including, without limitation, any implied warranties of fitness for a particular purpose or implied warranties arising from course of dealing or course of performance.

Clients will not give gifts or include anyone associated with Eldercare Specialists, including employes, contractors, or services referred to the client,  in their will or trust without the knowledge and written consent of the President of the company.