Bright Eyes Recovery and Wellness LLC.
NURSING SERVICES AGREEMENT
This Nursing Services Agreement (this “Agreement”) is entered into as of the the date below, by and between Bright Eyes Recovery and Wellness LLC (“Independent Nurse Contractor”) and (above name individual (“Client”). Each Nurse Provider and Client may be referred to in this Agreement individually as a “Party” and collectively as the “Parties.”
WHEREAS, Independent Nurse Contractor provides certain nursing services, as defined below, and Independent Nurse Contractor desires to provide (sell) such nursing services under the terms and conditions set forth in this Agreement; and
WHEREAS Client desires to purchase the Services offered for sale by Independent Nurse Contractor under the terms and conditions set forth in this Agreement.
NOW THEREFORE, in consideration of the mutual promises and for other services and valuable consideration exchanged by the Parties as set forth in this Agreement, the Parties, intending to be legally bound, hereby mutually agrees as follows:
1. Sale of Nursing Services. Independent Nurse Contractor agrees to provide an agreed upon service package which will be carried out by the contractor and their representatives at the Clients desired location (home, hospital, or hotel), and Client agrees to specified package prices
2. Payment Agreement. Client will pay to Independent Nurse Contractor for the services and for all obligations specified in this Agreement, if any, as the full and complete purchase price, the sum of $400 or TBD
Service Breakdown: 4 hour "Lilly" Package
Pick Up from Surgery Center (package time starts at pick up from surgery center)
Monitoring for comfort and complications, assist with settling in after discharge
Vital Signs
Medication review and education
Review of Discharge orders
Assistance with fluid intake and light meal as tolerated
Post Op Education
Presciption pick up (local only)
Day of Surgery: 4 hours of care, pick up from surgery center, monitoring vital signs and getting settled in after procedure
3. Payment.
Service Provider will invoice the Client upon the agreed desired services. Client agrees to pay a nonrefundable deposit equal to 25% of total invoice to hold surgery dates. Unless otherwise stated, the remaining balance for the Services is due no later than 3 days prior to surgery date. In the event the balance is not paid in full, service will be cancelled without a refund. For services booked within 7 days of date, full payment is due upon receipt of invoice
4. Delivery of Services. Service Provider will provide the agreed upon services for the Client on the scheduled dates at the clients place of recovery.
5. Cancellation Policy. If the Client has paid for or any part of a planned service and the scheduled procedure/appointment is cancelled by the surgeon/physician, a 75% refund will be given back to the Client within 10 days of the cancellation. The remaining 25% is transferable to a new date. There will be a 25% charge for cancellation 7 days or less prior to service date (if not cancelled by surgeon/physician).
6. Right of Inspection. Client shall be allowed to ask any questions or voice any concerns prior to receiving services and shall do so before receiving any type of mind-altering medications on procedure day. Once sedative or mind-altering medications are given, a next of kin or power of attorney for the client can act as the client regarding this contract.
7. Force Majeure. Independent Nurse Contractor shall not be responsible for any claims or damages resulting from any delays in performance or for non-performance due to unforeseen circumstances or causes beyond Independent Nurse Contractor’s reasonable control.
8. Limitation of Liability. Independent Nurse Contractor and company representatives will not be liable for any indirect, special, consequential, or punitive damages (including lost profits) arising out of or relating to this Agreement or the transactions it contemplates (whether for breach of contract, tort, negligence, or other form of action) and irrespective of whether Independent Nurse Contractor has been advised of the possibility of any such damage. In no event will Independent Nurse Contractor ‘s liability exceed the price paid by the client to Independent Nurse Contractor for the services provided to rise to the claim or cause of action.
9. Amendments. No amendment to this Agreement will be effective unless it is in writing and signed by both Parties.
10. Governing Law. The terms of this Agreement shall be governed by and construed in accordance with the laws of the State of Florida, not including its conflicts of law provisions.
11. Disputes. Any dispute arising from this Agreement shall be resolved in the courts of the State of Florida.
12. Entire Agreement. This Agreement contains the entire understanding between the Parties and supersedes and cancels all prior agreements of the Parties, whether oral or written, with respect to such subject matter.
13. Waiver. No Party shall be deemed to have waived any provision of this Agreement or the exercise of any rights held under this Agreement unless such waiver is made expressly and in writing. Waiver by any Party of a breach or violation of any provision of this Agreement shall not constitute a waiver of any other subsequent breach or violation.
14. Miscellaneous. This Agreement shall be binding upon and inure to the benefit of the Parties and their respective heirs, successors, and assigns. The provisions of this Agreement are severable. If any provision is held to be invalid or unenforceable, it shall not affect the validity or enforceability of any other provision. The section headings herein are for reference purposes only and shall not otherwise affect the meaning, construction, or interpretation of any provision of this Agreement. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which together, shall constitute one and the same document.
15. Indemnification and Hold Harmless I agree to indemnify and hold Bright Eyes Recovery and Wellness LLC including without limitation any of its respective officers, directors, employees, representatives, agents, as well as all associated entities harmless from any and all liability, claims, actions, suits, causes of action, costs, attorney fees, expenses, and damages of whatever kind or nature including but not limited to personal injury, accidents, complications, as well as claims which relate to or arise out of or in connection with utilizing this service.
16. Transportation Waiver: In consideration of the risk of injury while participating in transportation provided by Bright Eyes Recovery and Wellness LLC , and as consideration for the right to participate in the Activity, I hereby, for myself, my heirs, executors, administrators, assigns, or personal representatives, knowingly and voluntarily enter into this waiver and release of liability and hereby waive any and all rights, claims or causes of action of any kind whatsoever arising out of my participation in the Activity, and do hereby release and forever discharge Bright Eyes Recovery and Wellness LLC and it’s representatives, their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors, and assigns, for any physical or psychological injury, including but not limited to illness, paralysis, death, damages, economical, or emotional loss, that I may suffer as a direct result of participation in the aforementioned Activity, including traveling to and from an event related to this activity.
17. Photo Release.
I hereby absolutely and irrevocably authorize Bright Eyes Recovery and Wellness LLC as well as their legal representatives, assignees, and transferees to use, publish, reuse, republish, distribute, disseminate or otherwise make publicly available for any artistic or commercial use, including advertising, publication, or illustration images of me (NO public use of photos will display client's face) and/or my property, of the following description:
taken in whole or in part, whether individually or collectively with any other material, in any and all forms of media now or hereinafter known and/or developed, including, but not limited to, in print media, in digital media, on the Internet, in composite images, or distorted images or for any other lawful use as may be determined by Bright Eyes Recovery and Wellness LLC . The artist shall specifically be permitted to use fictitious names in conjunction with the images.
I further completely release and discharge Bright Eyes Recovery and Wellness LLC from any and all demands or claims that may arise out of or otherwise be connected with the use of the photographs and video featuring me, my image or my property, including, without limitation, and any all claims for the violation of a right of publicity, a right of privacy, or libel. I also waive any and all rights to approve or otherwise review any uses of the photographs and video featuring me, my image or my property.
This authorization and release shall inure to the benefit of the legal representatives,licensees, heirs and assignees of Bright Eyes Recovery and Wellness LLC and shall also be binding upon me, my heirs, assignees, and legal representatives.
By signing below the client is also indicating understanding of the following: The private nursing services provided under this agreement are not reimbursable by insurance. Bright Eyes Recovery and Wellness LLC is not a home care agency and is a provider of private enhanced nursing and recovery assistance services. I acknowledge that I am signing this agreement freely and voluntarily and intend by my signature to be a complete and unconditional release of waiver of all liability to the greatest extent allowed by law. I understand that recovery support services are not a replacement for medical care, emergency care, or guidance from my treating physician or surgeon.
CANCELLATIONS: YOU, THE CLIENT, MAY CANCEL THIS TRANSACTION AT ANY TIME PRIOR TO 7 DAYS BEFORE THE DATE OF SERVICE WITHOUT PENALTY. OTHERWISE, Payment for services is NONREFUNDABLE other than as mentioned above.