HOME CARE AGREEMENT

Full legal name of _______. Registered address of _______.

Full legal name of _______. Residential/Business address of _______.

Description of services to be provided _______.

Service start date _______ and service end date (if applicable) _______.

Total service fee _______. Payment terms (e.g., advance, monthly, upon completion) _______.

Governing law/state _______.

RECITALS

WHEREAS, the Client or the Client's authorized representative (collectively, the "Client") desires to engage the service provider (the "Provider") to furnish certain non-medical home care services;

WHEREAS, the Provider is in the business of providing such home care services and has the capability and resources to meet the Client's requirements;

WHEREAS, the Parties wish to enter into this Agreement to define the terms, conditions, and mutual obligations under which such services will be provided, ensuring clarity, safety, and a high standard of care;

WHEREAS, the Parties agree that this Agreement shall be governed by and construed in accordance with the laws of the State of _______, without regard to its conflict of law principles;

WHEREAS, _______;

NOW, THEREFORE, in consideration of the mutual covenants, terms, and conditions set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

ARTICLE 1: DEFINITIONS AND INTERPRETATION

1.1 Definitions

As used in this Agreement, the following terms shall have the meanings ascribed to them below:

• "Agreement" means this Home Care Agreement, including all schedules, exhibits, and attachments hereto, as may be amended from time to time in writing by the Parties.
• "Care Plan" means the written document, developed in consultation with the Client, that details the specific Services to be provided, including the frequency, duration, and scope of such Services. The Care Plan is incorporated by reference into this Agreement.
• "Client" means the individual receiving the Services under this Agreement.
• "Confidential Information" means all non-public information concerning the personal, financial, or medical affairs of the Client, and any proprietary information of the Provider, disclosed by one Party to the other.
• "Effective Date" means _______, which is the date on which the performance of Services and the terms of this Agreement shall commence.
• "Parties" means the Client and the Provider collectively. "Party" refers to either the Client or the Provider individually.
• "Service Location" means the primary physical address where the Services will be rendered, specifically identified as _______.
• "Services" means the non-medical personal care, companionship, and home support services to be provided by the Provider to the Client as further detailed in the Care Plan.

1.2 Interpretation

In this Agreement, unless the context otherwise requires: (a) the headings are for convenience of reference only and shall not affect the interpretation of this Agreement; (b) the singular includes the plural and vice versa; (c) a reference to a gender includes all genders; (d) the words "include," "includes," and "including" are deemed to be followed by the words "without limitation"; and (e) any reference to a statute or regulation is a reference to it as amended, re-enacted, or replaced from time to time.

ARTICLE 2: TERM AND TERMINATION

2.1 Commencement and Duration

This Agreement shall commence on _______ (the "Effective Date") and shall continue in full force and effect as specified herein.

2.2 Termination for Cause

Either Party may terminate this Agreement with immediate effect by providing written notice to the other Party upon the occurrence of any of the following events:

• A material breach of any term of this Agreement by the other Party, which is not cured within ten (10) days of receiving written notice of such breach;
• The discovery of abuse, neglect, or exploitation of the Client by the Provider or its personnel, or of the Provider's personnel by the Client or members of the Client's household;
• Failure of the Client to pay undisputed fees for Services rendered within the agreed-upon timeframe;
• The creation of an unsafe or hostile environment at the Service Location that poses a threat to the health or safety of the Provider's personnel.

2.3 Termination Without Cause

Either Party may terminate this Agreement for any reason or for no reason by providing at least thirty (30) calendar days' prior written notice to the other Party. During this notice period, the Provider shall continue to render Services and the Client shall continue to be responsible for payment for such Services, unless otherwise mutually agreed.

2.4 Effect of Termination

Upon termination or expiration of this Agreement for any reason: (a) the Provider shall cease providing all Services; (b) the Client shall immediately pay the Provider all outstanding and undisputed fees for Services rendered up to the effective date of termination; and (c) each Party shall promptly return to the other Party all property and Confidential Information belonging to the other Party that is in its possession or control. The obligations of the Parties under the articles concerning Confidentiality, Limitation of Liability, and Governing Law shall survive the termination of this Agreement.

ARTICLE 3: SCOPE OF SERVICES

3.1 Service Location

All Services to be provided under this Agreement shall be rendered exclusively at the Client's primary residence located at _______ (the "Service Location"). Any provision of Services at a location other than the Service Location must be temporary in nature and requires the prior written consent of the Provider, which may be withheld in its sole discretion. The Client is responsible for ensuring the Service Location is maintained in a safe, clean, and accessible condition for the Provider's personnel.

3.2 Description of Services

The Provider agrees to furnish non-medical, personal care, and companionship services to the Client in a professional and compassionate manner. The specific tasks, duties, and schedule of Services shall be detailed in a comprehensive Care Plan, which will be developed by the Provider in consultation with the Client and/or their authorized representative. The initial Care Plan is incorporated into this Agreement by reference and may be attached as Schedule A. The Care Plan will be reviewed at regular intervals (at least every ninety (90) days) and updated as necessary to reflect the Client's changing needs, subject to mutual agreement.

3.3 Limitations of Services

It is expressly understood and agreed that the Services provided under this Agreement are strictly non-medical in nature. The Provider and its personnel are not licensed healthcare professionals and are prohibited from providing any service that could be construed as medical or nursing care. Prohibited activities include, but are not limited to: administering medications (though reminders are permissible), performing wound care, providing injections, making medical diagnoses, or offering medical advice. The Client or their legal representative remains solely responsible for engaging and managing all necessary medical care from licensed healthcare professionals. The Provider's personnel shall not handle the Client's finances, other than potentially assisting with pre-approved shopping for groceries or incidentals with funds provided in advance. __________________

SIGNATURES

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.

SERVIDE PROVIDER:

Full Legal Name: _______

Registered address of Servide Provider: _______

Signature: ___________________________     Date: ___________________________

 

CLIENT:

Full Legal Name: _______

Residential/Business address: _______

Signature: ___________________________     Date: ___________________________