2022-09-23_joey.taylor_Client Engagement Agreement 2021 (1).docx

Client Engagement Agreement

Client Name: _________________________________________________________________

This Client Engagement Agreement (“Agreement”) is entered into on __________________, 2021___ (the “Effective Date”) by and between the aforementioned Client(s) (“Client”) and Orofresh Enterprises Inc. d/b/a Greater Vancouver Home Care Assistance (“Company”).

Consent to Receive Services

Company is in the business of dispatching caregivers (“Caregiver(s)”) to the residence or other facility identified by Client for the provision of companionship services.  Company is hereby retained to provide companionship services to the Client through the use of such Caregivers upon the terms and conditions set out herein. Client understands that Company is a non-medical agency that does not provide medical services or treatments. A general description of services to be performed is outlined as a part of the initial assessment and updated as modifications become necessary.

New Client Information

We take this opportunity to attach a copy of our New Client Information & Terms which is incorporated by reference in this Agreement.

DRIVING CHARGES

Client agrees to reimburse Company for the reasonable automobile traveling expenses incurred by Caregivers in the performance of their duties.  Company will invoice Client at the rate of 60 cents per kilometer.

Caregiver Agreement

Client understands that Company spends a significant amount of time, money and resources in the process of recruiting, screening, hiring and training its Caregivers and therefore, each Caregiver is a valuable asset to Company. Client further understands that each Caregiver working for Company is prohibited from accepting private employment from Client directly (or through another organization/agency) while said Caregiver is employed by Company, as well as for a period of one (1) year following the Caregiver’s termination of employment with Company. Accordingly, should Client desire to employ any of Company’s Caregivers within that time frame, such employment will be deemed in violation of these restrictions.  In the case that Client wishes to employ or engage any such Caregiver within a one (1) year period of Caregiver’s termination of employment with Company, Client agrees to pay Company a one-time placement fee of FIVE THOUSAND DOLLARS ($5,000.00), which amount shall be due within 10 business days of employment or engagement of such Caregiver.  Payment of such amount does not affect any liability or contractual obligations that the Caregiver may have toward Company.

RATES

Until notice is given by Company to the contrary, the rate for hourly care is $37.50/hr + GST for 20+ hours/wk with a minimum of 4 hours/caregiver visit and $40/hour + GST for 16-19 hours/wk with a minimum of 4 hrs/caregiver visit, the rate for live-in care is $390/day + GST (for couples, the live-in rate is $425/da y+ GST) and the rate for overnight care is $250/night + GST. Company will charge 1.5x the normal rate for services rendered on holidays, although Client can decline holiday service by notifying Company at 48 hours in advance. Observed holidays are: Family Day, Good Friday, Victoria Day, Canada Day, BC Day, Labour Day, Thanksgiving Day, Remembrance Day, Christmas Day and New Year’s Day). Clients willing to pay via EFT will be given a $1 discount off the hourly rate, $5 discount off the overnight rate and $10 discount off the live-in rate.

LIVE-IN AND OVERNIGHT CARE

Live-in care is defined as a 24-hour shift which requires that a caregiver get at least 6-8 hours of sleep at night and 4 hours of break time spread through the day for meals and personal hygiene. All meals within reason are to be provided for the Caregiver by the Client.  Client understands that if Caregiver has any special dietary restrictions or preferences that are not reasonable for Client to adhere to, Client is not obligated to do so. In general, however, Caregiver and Client share the same meals.  A place to obtain a mostly uninterrupted sleep period is required. This space is in a room other than the Client's bedroom, but may be a sleep sofa, cot or a bed.  Unless otherwise agreed or in the case of an emergency, the Caregiver will not leave Client premises during a scheduled shift. Client understands that circumstances beyond company's control (e.g. Client or caregiver short-term illness, change in Client sleep pattern, etc.) may require additional hours to be provided at an hourly rate.

Overnight care is defined as a 12-hour shift which requires that the caregiver have at least 4-6 hours of sleep a night.

PALLIATIVE CASE MANAGEMENT

Case Management oversight is part of the regular service we provide and includes: weekly/monthly home visits by case manager (depending on need), a comprehensive care plan, specific caregiver orientation, regular check in with caregivers, specially trained caregivers and 24/7 access to the office. However if the family would like to increase the level of case manager involvement to include:  daily liaison with health care authority and health care professionals, daily nursing oversight, evolving and detailed care plan and directives, increased training of caregivers with specialty equipment, 24/7 access to case manager, assistance with advanced directives and representation agreements, family dynamic mitigation and counselling, etc,-  the rate for the case manager will be an ad hoc rate of $55/hr + GST.

CANCELLATIONS

Cancellations that are not received within twenty-four (24) hours will be subject to a cancellation charge. Should Client dismiss a Caregiver or fail to cancel live-in services scheduled less than twenty-four (24) hours before service is scheduled to commence, Client will pay a cancellation charge equivalent to one day of live-in service.  In the case that Client dismisses a Caregiver or fails to cancel hourly services scheduled less than twenty-four (24) hours before service is scheduled to commence, Client will pay a cancellation charge equivalent to the hourly rate for the entire scheduled shift.

Invoices are sent weekly and are due upon receipt. Client agrees to pay invoices on-time and understands that a finance charge of 2.5% will apply for balances over 30 days past due.  In addition, if paying via electronic funds transfer, a $10 fee will be charged if there are insufficient funds in the account when payment was processed.

CAREGIVER ORIENTATION

If a caregiver takes a leave of absence (either due to vacation or sickness) or resigns, it is company's policy to have the replacement caregiver do orientation with the existing caregiver in order to ensure a seamless transition between caregivers. This hourly cost will be charged to the Client except in cases where the caregiver is being replaced due to dissatisfaction on the Client's part. The length of the orientation is dependent on the complexity of the Client's case and can range anywhere from half an hour to a few hours.

SECURITY OF CAREGIVER

Caregivers are instructed not to put themselves at risk of bodily harm or injury in the provision of companionship services.  Thus, Client understands and acknowledges that, if a Caregiver is made to reasonably feel threatened and/or in physical danger while performing companionship services, the Caregiver is entitled to leave Client’s premises without exposing the Caregiver and/or Company to any liability and the Client remains liable for the full payment of fees.

DISCLOSURE OF CLIENT INFORMATION/PROPERTY TO CAREGIVER AND WAIVER OF LIABILITY

The Client understands, acknowledges, represents and covenants with the Company that, under no circumstances, will the Client disclose to, give or otherwise make known or provide any access to a Caregiver of any financial information relating to the Client, their affairs or those of any family members, including the following information or property:

credit cards, credit card statements, PIN or other security codes, online passwords,

banking information, including bank cards, account numbers, account statements, PIN or other security codes, cheques or other financial instruments, online passwords,

investment, registered retirement savings plan, registered income plans account information, including access or security codes, account numbers, statements,

Social Insurance Numbers (or equivalent, for instance, SSNs),

insurance policies,

safe deposit keys,

passports,

wills or other testamentary instruments, or

cash in excess of $250

(collectively, the “Prohibited Client Information/Property”).

At the Client’s sole responsibility and liability, the Client may choose to provide the following information/property to a Caregiver: cash up to an amount up to $250 (“Petty Cash”), home keys, vehicle keys, garage door openers, key fobs, access cards, or alarm codes (collectively, the “Permitted Client Information/Property”).  Except for Petty Cash (which is tracked in the client binder as explained below in the New Client Information & Terms), if Client provides Permitted Client Information/Property to a Caregiver, Client must notify his or her Case Manager within two days of providing the Permitted Client Information/Property that such information/property has been provided.  Client understands, acknowledges, represents and covenants with the Company that he or she assumes any and all responsibility and liability that may arise, in any way, from the provision of the Permitted Client Information/Property to a Caregiver, and provides such information/property to Caregiver at his or her own risk.

If Client discloses, gives or otherwise makes known or provides any Prohibited Client Information/Property (which is expressly prohibited) or Permitted Client Information/Property to a Caregiver, Client agrees that in no event shall the Company or its Franchisor, Homecare Assistance Corporation or any of their respective successors, assigns and affiliates, or its and their respective directors, officers, employees, shareholders, representatives and agents (collectively, the “Company Indemnities”) be liable for any losses, liabilities, claims, damages, or expenses, in any way related to or arising out of a Caregiver’s use or misuse of the Prohibited Client Information/Property or Permitted Client Information/Property.

waiver of medical liability

As explained above under “Consent to Receive Services”, the Company is a non-medical agency that does not provide medical services or treatments. Client understands that even with the provision of twenty-four hour, around-the-clock companionship services, Clients may potentially experience a fall.  Client also understands that Clients with dementia, Alzheimer’s or any condition that causes mental confusion are especially at high risk for experiencing falls.

Client agrees that in no event shall the Company be liable for any losses, liabilities, claims, damages, or expenses, in any way related to or arising out of injury or illness suffered by the Client (whether caused by a fall, or infectious disease) during the provision of services under this Agreement.

Limitation OF LIABILITY

In recognition of the relative risks and benefits of services provided by Company, Client agrees to the fullest extent of the law, that the Company is not responsible for any use or misuse of the Prohibited Client Information/Property or Permitted Client Information/Property by any Caregiver and, in any event, the limit of any liability of the Company for any claim whatsoever is acknowledged and agreed to be limited to the total fees paid to the Company for any services rendered under this agreement.  It is intended that this limitation apply to any and all liability or cause of action however alleged or arising, unless otherwise prohibited by law.

Further, the Client agrees to indemnify the Company against the claims of any third party arising out of or related to use or misuse of the Prohibited Client Information/Property or Permitted Client Information/Property for any and all claims, losses, costs, damages of any nature whatsoever or expense from any cause or causes, including actual legal fees and costs, costs of expert witness fees and costs.

Further, Client releases Company from any claims for liability which the Client may acquire by reason of damage, loss, injury and/or suffering which arises from the operation and/or use of a vehicle by a Caregiver, whether that may be owned by the Client or a vehicle provided by the Caregiver or Company. Client also agrees not to hold Company liable for any intentional acts of Caregivers acting beyond the course and scope of their duties to provide companionship services.

AUTHORIZING PERSON

If someone other than Client(s) (hereafter referred to as an “Authorizing Person”) signs this Agreement on behalf of Client(s), said Authorizing Person hereby certifies that he/she has the authority to enter into this Agreement on behalf of said Client(s) and bind Client(s) to the terms hereof.

GUARANTEE AND INDEMNITY

In exchange for the Company entering into this agreement with the Client(s) and other consideration, the sufficiency of which is hereby acknowledged, the Client warrants and covenants that, and the Authorizing Person expressly acknowledges and agrees that :

the Authorizing Person accepts full responsibility (on a joint and several basis) for the payment of all fees incurred for services rendered to Client(s) pursuant to this Agreement;

the Authorizing Person personally guarantees the obligations of the Client(s) pursuant to this Agreement; and

the Authorizing Person agrees to the limitations on liability set forth herein and to indemnify, as a separate and distinct obligation, the Company Indemnitees for any losses in any way resulting from, or connected to, any breach of the terms of this Agreement as if the Authorizing Person were the Client.

By initialing in the space provided, the Authorizing Person acknowledges that s/he is aware that of the foregoing personal liability imposed upon the Authorizing Person arising from this Agreement.    INITIAL HERE: _________

GENERAL

If any provision of this Agreement is declared invalid, illegal or unenforceable, such provision will be severed and the remaining provisions will continue in full force and effect.

This Agreement constitutes the entire agreement between the Company and Client(s) and/or Authorizing Person and supersedes any prior agreements, representations, understandings or commitments, whether oral or written.  This Agreement may not be amended except by way of an agreement in writing executed by the Company and Client(s) and/or Authorizing Person.

AGREEMENT

Client(s) and/or Authorizing Person has read and fully understands the contents of this Agreement and agrees to the terms contained herein.

New Client Information & Terms

CASE MANAGEMENT

We provide ongoing case management to all our Clients in order to ensure that the care provided is up to our standards and meets your expectations. What that means is that you will have a dedicated case manager assigned to you and after the initial assessment, your case manager will be in regular contact with you to do home visits, phone check-ins and update family members on the progress.

24/7 AVAILABILITY

Our telephone number is 778-279-3634 and we are on call 24 hours a day. If you call this number after office hours or on weekends, our answering service will pick up the call and immediately call one of us so you should hear back from one of us within minutes.

SCHEDULING AND BILLING

All matters concerning your billing and schedule should be communicated directly with our office. We invoice on a weekly basis via email and accept the following methods of payment: Electronic Funds Transfer (EFT) and credit card, from either Clients or their family members.

With EFT, all you need to do is complete the attached form detailing your banking information – the money will be taken out of your account on a weekly basis and will be deposited in our account the following week. Should there be a discrepancy, we can immediately give you a credit on the following invoice or issue you a cheque.

Clients willing to pay via EFT will be given a $1 discount off the hourly rate, $5 discount off the overnight rate and $10 discount off the live-in rate. Both methods are very secure and will appear instantly on your bank account for close monitoring.

CAREGIVER CHECK-IN/CHECK-OUT

We use an automated check-in /check-out system that is based on recognition of your home phone number in order to track caregiver's schedule. Your caregiver will ask you to use your home phone to call a toll-free number when they arrive and when they depart. If the caregiver hasn't arrived within 15 minutes of their shift, we will get an immediate notification and will call the caregiver to determine her or his whereabouts and update you.

VEHICLE USE

If the caregiver uses their personal vehicle during the shift to run errands for you or take you on outings, there is an extra charge of 60 cents/km. If the caregiver uses your personal vehicle, there is no additional charge. It is your responsibility to ensure that you have proper and adequate insurance coverage for the caregiver to drive your vehicle. There is no charge for the caregiver to get to and from your house. Mileage charges will be added as a separate line item on your weekly invoices.

EXPENSE REIMBURSEMENT

Please make prior arrangements with our office if there is a need to have your caregiver make a purchase on your behalf. If the caregiver uses their own money to pay for items such as groceries, medicine, etc. on your behalf, they will keep the receipt in the binder and report the expenses to us. We will then add these as a separate line item on your weekly invoice. You may also choose to have a petty cash fund available for regular expenses. This Petty Cash fund must not exceed $250. All expenses are documented in our binder for tracking and accountability.

CLIENT BINDER

There will be a binder left in your residence.  Your caregiver will note various activities from their visit each day. These notes help to maintain a history of the activities and services provided and allow easy reference for your case manager, medical professional and family.

The client binder will also include the care plan, pertinent Home Care Assistance and family contact information, medication reminder checklist, incident report forms, vehicle mileage reimbursement, and expense reimbursement logs.

MONEY AND VALUABLES

Never give or share with your caregiver the following:

credit cards, credit card statements, PIN or other security codes, online passwords,

banking information, including bank cards, account numbers, account statements, PIN or other security codes, cheques or other financial instruments, online passwords,

investment, registered retirement savings plan, registered income plans account information, including access or security codes, account numbers, statements,

Social Insurance Numbers (or equivalent, for instance, SSNs),

insurance policies,

safe deposit keys,

passports,

wills or other testamentary instruments, or

cash in excess of $250.

Make sure that all of your valuables and personal information are in a discreet and safe location.

If you have anything of exceptional or sentimental value please put it in a safe location (preferably locked) or give it to a family member. If the item is prominently displayed in your home, please instruct the caregiver to not touch it.

STATUTORY HOLIDAYS

By law, we have to charge one and one-half times the normal rate for services rendered on holidays, although you can decline holiday service by notifying Company at least forty-eight (48) hours in advance. Observed holidays are: Family Day, Good Friday, Victoria Day, Canada Day, BC Day, Labour Day, Thanksgiving Day, Remembrance Day, Christmas Day (beginning at 4pm on Christmas Eve) and New Year’s Day (beginning at 4pm on New Year’s Eve). Please note that if we didn't hear from you prior to the stat holiday, then we will assume you want service on these days.

We value our relationship and want to ensure that you are completely satisfied with the services we provide.  If at any time you feel there is something we can do better, please do not hesitate to give us a call. A member of our management team can be reached at 778-279-3634.

Thank you for the opportunity to provide care for you and we look forward to a wonderful relationship.

__________________________________
Signature of Authorizing Person
Print Name: _______________________
Address: __________________________
Email: ____________________________
Telephone: ________________________
Relationship to Client(s)______________
Power of Attorney/Committee?  Y/N | __________________________________
Signature of Client (if applicable)
Print Name: _______________________
Address: __________________________
Email: ____________________________
Telephone: ________________________