This agreement is between Friendly Companions LLC DBA Visiting Angels, hereby known as Visiting Angels, and the Client and/or parties listed above.
Nature of Visiting Angel Services: The duties of Visiting Angels caregivers may include but are not limited to the following: reminding Client to take medications, assisting with basic personal care and ambulation, providing companionship, and performing care-related light housekeeping tasks, e.g. tidying rooms in which Client spends time, tidying bathrooms after Client’s use, and washing Client’s dishes or laundry. Care-related light housekeeping tasks do not include cleaning services for the general household, such as scrubbing floors, vacuuming, washing windows, dusting behind and under furniture, cleaning drapes or blinds, and washing laundry for members of the household other than Client. Visiting Angels and its caregivers do not practice medicine or nursing, and make no recommendations concerning diagnosis, prognosis, treatment, medication, dosage, prescriptions, or other medical or health related services.
We will refer to you a caregiver who is employed by us who will provide non-medical "companion" home care on a schedule of days and hours that will be predetermined by all parties involved in advance of each week of service. In the event that you do not contact us to change the predetermined weekly schedule in advance of any week, we will assume that the predetermined weekly schedule is the same as it was for the most recent preceding week of service. Our assurance to you is that we will, at all times, exert every reasonable effort to have you attended to, during this predetermined weekly schedule.
Emergency Procedures: Visiting Angels is not an emergency care service. In emergencies, the caregiver will call 911 and then will contact Visiting Angels. Visiting Angels will then contact the Contact stated at the beginning of this Agreement or, in the absence of a Contact other than Client, Client’s next of kin. Caregivers are not CPR Certified.
Services to be Provided; Payment. Client authorizes Visiting Angels to provide the services stated on the attached Schedule of Services and Fees. Client shall pay for such services in accordance with the Schedule of Services and Fees and this Agreement.
Client Must Submit for Third Party Payment. If Client is eligible for benefits from any third party payor, such as insurance, Client must pay Visiting Angels as stated in this Agreement and then seek reimbursement from the third party payor. Visiting Angels will not submit claims to third party payors on Client’s behalf. However, upon request, Visiting Angels will provide copies of time sheets and daily logs to Client to assist Client in Client’s submission of claims to a third party payor. Client acknowledges that Visiting Angels has not given any assurance that any third party payor will pay for the services it provides to Client.
Changing Services or Schedule. In the event Client wishes to alter the time or date of services during a single week, Client must notify Visiting Angels of the requested change at least twenty-four (24) hours prior to the time the service is regularly scheduled to begin. Notice given to a caregiver and not to Visiting Angels is not considered notice to Visiting Angels. If Client does not provide the required 24-hour notice, Client must pay for the full scheduled hours. In the event that a referred caregiver fails to arrive at your home and/or the home of the care recipient or alters the predetermined weekly schedule in some way, we will adjust the amount that you are billed accordingly. All hourly visits will be rounded to the nearest quarter hour.
To change the weekly schedule during more than a single week, Client must notify Visiting Angels at least seven (7) calendar days prior to the week Client wants the new schedule to begin. Notice given to a caregiver and not to Visiting Angels is not considered notice to Visiting Angels.
In the event that Visiting Angels agrees to the proposed change to the schedule of services, Visiting Angels shall document the new schedule and the documentation will become a part of this Client Services Agreement upon Client’s acceptance of the requested services.
Changing Rates. The rates stated in the Schedule of Services and Fees may be changed from time to time by Visiting Angels by Visiting Angels giving Client at least fourteen (14) calendar days prior written notice of the change.
Billing; Payment; Collection; Interest. Invoices will be sent to Client biweekly. Client shall make the best effort to pay the amount of an invoice within ten (10) calendar days after the date of the invoice. Any unpaid balance not paid within thirty (30) calendar days shall accrue interest at the rate of 1.5% per month. Client shall reimburse Visiting Angels for any fee charged by a bank due to insufficiency of check submitted to Visiting Angels for payment. In the event Visiting Angels is required to take action to collect any amounts due under this Agreement, Client shall pay Visiting Angels’ reasonable attorney fees and costs incurred in collecting those amounts.
Deposits. Visiting Angels may require a deposit for service. This amount will be determined prior to service. An additional deposit amount may be required if Client later requests an increase in the services provided. This money will be held by Visiting Angels and applied to any outstanding balance on the final invoice after termination of services. Any balance remaining after all outstanding invoices have been paid in full will be refunded.
Notice of Termination; Trial Period. Prior to the start of service or within the first week of service, this Agreement may be terminated by the Client or Visiting Angels for any reason with no requirement of advance notice. Subsequent to the first week, this Agreement shall remain in effect until either party gives the other not less than seven (7) calendar days prior notice of termination. Such prior written is required under all circumstances, excluding hospitalization and/or death of the care recipient. Notice must be given to office staff and not to the caregiver. Visiting Angels may terminate services without such prior written notice if Client fails to pay for services as required by this Agreement and his/her account is more than fourteen (14) calendar days in arrears or if the health and safety of a Visiting Angels employee is at risk.
Hiring Visiting Angels’ Employees. Client shall not employ or receive services from the employee(s) assigned to Client by Visiting Angels except as contemplated by this Agreement for a period of two (2) years following the last day the employee(s) rendered services to Client on behalf of Visiting Angels pursuant to this Agreement. This prohibition includes but is not limited to:
Paying the caregiver directly for services during the caregiver’s employment with Visiting Angels;
Paying the caregiver directly for services after the caregiver’s employment with Visiting Angels is terminated;
Paying another agency, person, or entity for services provided by the caregiver after the caregiver’s employment with Visiting Angels is terminated; and,
Accepting services from the caregiver while the caregiver is employed by another agency or entity.
In the event that Client violates this condition, Client shall pay $10,000.00 for each such employee to Visiting Angels as liquidated damages and any reasonable attorney’s fees and costs associated with collecting those liquidated damages. This amount reflects the costs of recruiting, screening, and training the employee(s). In addition to this remedy, Visiting Angels shall be entitled to obtain injunctive relief against any violation of this Agreement, without notice to Client, without the necessity of proving actual damages and without posting a bond. These remedies shall be cumulative and not mutually exclusive. Visiting Angels reserves the right to pursue any other or further remedies at law or in equity to enforce its rights under this agreement.
Transportation. A vehicle is not to be driven by the caregiver employee without prior written authorization from the client to agency. Agency's insurance does not cover loss or damage caused by employees operating the client's owned or leased vehicle. Client shall be primarily responsible for any and all claims, including negligence, related to caregivers’ operation of a vehicle to transport Client. If the agency employee drives his/her own vehicle in order to perform services to client, the client will be billed at $.80 per mile.
Securing Property. Client shall secure all cash and valuables in a secure place (such as a safe) or remove them from Client’s premises. Visiting Angels caregivers shall be bonded and Client shall file a police report in the event that any cash or valuable is found to be missing from Client’s premises. In addition, Client shall maintain insurance coverage for the theft or loss of cash or valuables.
Jurisdiction & Venue. If it is necessary to litigate a dispute arising out of or relating to this agreement, Client agrees to jurisdiction in the State of New Jersey and venue in the County of Passaic.
Entire Agreement & Severability. This agreement contains the entire understanding of the parties regarding the subject matter of this agreement, and supersedes all prior and contemporaneous negotiations and agreements, whether written or oral, between the parties with respect to the subject matter of this agreement. If a provision of this agreement is determined to be unenforceable in any respect, the enforceability of the provision in any other respect and of the remaining provisions of this agreement will not be impaired.
Release of Liability: Client hereby releases FRIENDLY COMPANIONS LLC DBA VISITING ANGELS from responsibility for any events that may be harmful to the care recipient in the course of receiving services from the referred caregiver employee, including those acts or omissions that arise from a caregiver’s negligence. You agree to maintain homeowners insurance, medical insurance and/or other coverage as may be necessary to provide protection for the care recipient. In good faith, you, individually, on behalf of the family and the care recipient, release FRIENDLY COMPANIONS LLC DBA VISITING ANGELS from responsibility for money or any articles that may be found missing from the home of the care recipient.
AGREED AND ACCEPTED