THEREFORE, the Parties agree as follows.

1. TERM OF CONTRACT: This Agreement shall become effective on the date written first above and shill remain active for a period of one (1) year unless terminated; upon the expiration date this Agreement shall automatically renew on a month to month basis unless terminated by either party by giving a written thirty (30) day notice (2) and this Agreement will continue in effect until terminated by either party in writing and or automatically renew. However, with reasonable cause(s) either the Client or Provider may terminate this Agreement effective immediately upon giving written notice.

   Reasonable Causes(s) Includes: (a) a material violation of this Agreement (b) non-performance of services and or non-payment of invoices for service billed and or performed (c) any act exposing the other party to liability to others for personal injury or property damage.

2. CONSUMER NOTICE: AS REQUIRED UNDER STATE REGULATION 61131 (A) (2): Client shall receive at least ten (10) calendar days advance written notice of the intent of Provider to terminate services. Less than ten (10) days advance written notice may be provided in the event Client has failed to pay for services, despite notice and the Client is more than fourteen (14) days in arrears or if the health and welfare of the Provider's Direct Care worker is at risk.

3. CONSUMER NOTICE: NOTICE RIGHT OF RESCISSION: You may cancel this transaction, without any penalty or obligation within three (3) business days from the above date. If you cancel, any property traded in, any payments made by you under the contract or sale, and any negotiable instrument executed by you will be returned within ten (10) business days following receipt by the seller of your cancellation notice, and any security interest arising out of the transaction will be canceled. For additional details concerning this RIGHT TO RECESSION please refer to your Patient Welcome Package.

4.  The minimum Caregiver shift length is four (4) hours. Weekends begin at 7 pm on Friday and • end at 7 am Monday morning. Holidays are billed at 50% greater than the above or "time-and-a-half". Designated holidays are New Year's Day, Memorial Day, July Fourth, Labor Day, Thanksgiving and Christmas Day.

   Live-in Rates noted above assume that the caregiver's food comes from the family pantry. If for any reason this is not practical, then there will be an additional charge of $10 per day for the caregiver to supply his/her own food. If multiple service types or hours are requested, or if the service request changes, the rates may change accordingly.

   Rates for services are subject to review from time to time, but increases will be subject to at least a four (4) week advance notice. We are required by law to pay our employees time-and-a- half if they work more than forty (40) hours per week. To accommodate the rates you have been quoted, we will manage your care in such a way that the employee does not work more than forty (40) hours in any Monday through Sunday timesheet period. If you would like a given Caregiver to be assigned to work when it means they will be accruing overtime pay (and they are willing to work the overtime), you will be charged time-and-a-half. 

   Flat rate shifts (e.g. Live-In) assume the caregiver gets eight (8) hours sleep per night and do not attract overtime. Two to three (2-3) disturbances are acceptable. If the caregiver is required to be awake all night then both the hourly rate (24 hour care) and overtime rule will apply.
   During and or any renewals thereof under this Agreement should Client request additional services said rates(s) and monthly quoted totals (if any) will either increase or decrease in accordance with such request(s).

   Caregivers Time Sheet: Provider will provide Client with a weekly time sheet and or Invoice for the total number of hours performed.

   Service Invoices and Late Fees: Client hereby agrees to pay said invoice within__ days upon receipt. Should if any sums properly billed and owing are not paid within fifteen (15) days of the date of the billing, then a late/collection charge of three (3%) will be applied to the overdue balance and continue to accrue monthly thereafter until the balance in full is paid. All payments must be remitted to Provider's main address; Direct Care workers are not permitted to accept payment. Client acknowledges should legal action be required to enforce any provision of this Agreement, including collections of any outstanding invoices, Client hereby agrees to release Provider from any further obligations stated hereunder and the prevailing party shall be entitled to recover reasonable attorney's fees and costs.

   Medicare /Medicaid, State Waivers and Third-Party Payment Authorization: If Client is or becomes eligible to receive any supplemental assistance through Medicaid, Medicare or through its private insurance and elects to have Provider directly bill said carriers or agencies under this Agreement, then Provider will submit the required paperwork and related invoices to such agencies to be reimbursed for services performed under this Agreement on Client's behalf. Client understands and agrees it will remain responsible for all fees and related under this Agreement if said agencies and carriers do not pay Provider no matter the reasons. 

5. CPR NOTICE & EMERGENCY CONTACT: Client hereby agrees and understands Provider and its employees are not permitted to perform medical treatment other than Cardiopulmonary Resuscitation "CPR" and must dial 911 for all medical emergencies.

6. MUTUAL INDEMNIFICATION: Client, shall defend, indemnify and hold Provider, its officers, employees and agents harmless from and against any and all liability, loss, expense (including reasonable attorney's fees) or claims for injury or damages arising out of the performance of this Agreement but only in proportion to and to the extent such liability, loss, expense, attorney's fees, or claims for injury or damages are caused by or result from the negligent or intentional acts or omissions of Client, its family, guest, invitees or agents. Provider, shall defend, indemnify and hold Client its family, guest, invitees or agents harmless from and against any and all liability, loss, expense (including reasonable attorney's fees) or claims for injury or damages arising out of the performance of this Agreement but only in proportion to and to the extent such liability, loss, expense, attorney's fees, or claims for injury or damages are caused by or result from the negligent or intentional acts or omissions of Provider, its officers, agents, or employees. 

7. IIIPAA COMPLIANCE: Provider and its employees shall protect Client's privacy and provide for the security of all Protected Health Information "PHI" disclosed to Provider and its employees in connection with any and all non-medical services performed under this Agreement Provider and its employees hereby agree not to disclose Client's medical condition and or history either during or after the term of this Agreement to third parties including but not limited to friends, guest, or invitees of Client Client must provide Provider with prior written permission before any medical information will be released to any third party including Client's family, guest, invitees or agents. 

8. TRANSPORTATION: Requested transportation services should be outlined in your Care Plan. A vehicle is not to be driven by the Caregiver without prior written authorization from the Client to the Agency. Agency insurance does not cover loss or damage caused by its employees operating the Client's owned or leased vehicle. The Client accepts full responsibility for any and all claims. If an employee of the Agency transports a patient in their own vehicle, company vehicle or the patient's vehicle, the patient will release the Agency and or that employee from all liability should an injury or accident occur. If the agency employee drives her/his own vehicle in order to perform services to the Client the patient will be billed at $0.57 per mile (passed along in full to the Caregiver). It is also the Client responsibility to pay for or reimburse the Caregiver directly for any expenses incurred in the course providing services, such as tolls and parking, and the cost of food or entertainment undertaken as part of services.

   Parking Space: If the caregiver drives to your residence, a space safe from towing must be provided. if meters are to be used, then the caregiver must be allowed time to feed the meter at appropriate intervals. Such reimbursable expenses will be claimed by the Caregiver and included in regular invoices to the Client.

9. DISPUTES AND LEGAL VENUE: Client hereby agrees and understands any dispute(s), claims or litigation arising from this Agreement under (12,000/DOLLARS) must be brought in the appropriate Small Claims or District Court in Pennsylvania. Further, Client and Provider hereto waive trial by jury with respect to any action brought or claim made regarding or in connection with this Agreement or the transactions contemplated hereby. 

10. NON-SOLICITATION OF EMPLOYEES: Client acknowledge and agree during the Provideri service(s) with Client and for a period of two (2) years following the termination of this Agreement at any time and for any reason Client shall not directly or indirectly, on the Client's own behalf or on behalf of any person hire or solicit hire for employment or related Hornecare Services from any person who is actively employed or engaged (or in the preceding six (6) months was actively employed or engaged) by Provider. This includes, but not limited to, inducing or attempting to induce or influencing or attempting to influence any person employed or engaged by Provider to terminate his or her relationship with Provider. Client hereby agrees that a determination of actual damages for breach of this section under the Agreement may be difficult, impractical or impossible to calculate and therefore agrees to liquidated damages in the amount of ($2,500) in the event of a breach of this clause per incident.

11. ENTIRE AGREEMENT: Any provision of the Agreement which may be adjudged to be unlawful or invalid by a court of law shall thereafter become null and void, but all other, provisions of this Agreement shall continue in full force and effect This Agreement contains the entire agreement of the parties relating to the subject matter hereof. This Agreement may be modified only by an instrument in writing signed by both parties hereto.

12. RECEIPT OF CONSUMER NOTICES: I acknowledge receipt of my rights and responsibilities as an agency client (including "OASIS" rights) and I understand them. The Pennsylvania State Home Health Hotline (717) 783-1379 number, its purpose and hours of operation have been provided and explained to me. I acknowledge that I have chosen this agency to provide home care to me. No employee of this agency has solicited or coerced my decision in selecting this home health agency.

13. CLIENT INSURANCES: This Agency will maintain worker's compensation insurance coverage for any and all referred Caregivers, and they will be bonded. In good faith, you agree to maintain homeowner's insurance, medical insurance and/or other coverage as may be necessary to provide protection for the care recipient.

14. SEVERE/BAD WEATHER: In severe weather, the Agency may determine it is not safe for our Caregivers to travel and provide services to your home that day and may have to cancel that day's service. If and should this this occurs we will notify you and reschedule. We appreciate your understanding regarding this matter.

15. SUPPLIES AND EQUIPMENT: Client shall be responsible for supplying all supplies (i.e. cleaning, personal care etc. including latex gloves needed for the safe execution of any kind of personal care) and equipment which may be necessary in the provision of services. Extra charges will apply if the Agency provides the supplies and/or equipment. Your signature and or your representative's signature below indicate that you and or your representative have read, understand and are in agreement with the terms and conditions of this Service Agreement.

    PENNSYLVANIA LAWS REQUIRES CERTAIN CONSUMER NOTICES REGARDING SERVICES AND DIRECT CARE WORKERS PRIOR TO HOME CARE AGENCIES PROVIDING SERVICES TO CONSUMERS. PLEASE MAKE SURE TO REVIEW PROVIDER'S NEW WELCOME PACKAGE FOR SUCH CONSUMER NOTICES.  

In Witness Whereof, The parties hereto have executed this Agreement on the date first above
written.