Re: Consent Agreement Concern

From
Chuck Terlesky <cterlesky@thekey.com>
To
Steve Koyanagi <skoyanagi@thekey.com>
CC
Tammi Franzese <tammi.franzese@thekey.com>, Timothy Thomas <tt@thekey.com>, Legal <legal@thekey.com>, Shawntel Sousa <ssousa@thekey.com>
Date
Tue, 6 Aug 2024 10:53:49 -0600
Folder
INBOX
--0000000000003be693061f06a40d Content-Type: text/plain; charset="UTF-8" Content-Transfer-Encoding: quoted-printable Hi Tammi, Thanks Steve - this has always been the case to explain the clause so that the client can not steal our caregivers. Looks like the new language is better in the new agreement. We need an agreement that doesn't include the care commitment piece in the agreement. We might want to revisit the CDHC language - [the client is responsible for any hours they schedule above their CDHC hours.] and [the client accepts responsibility for tracking their own hours CDHC hours]. And for CDHC do we want to have a separate agreement as this will also go to our fully private clients. Thoughts? Chuck On Tue, Aug 6, 2024 at 10:27=E2=80=AFAM Steve Koyanagi wrote: > HI Team, > > This same placement fee has always been in all Canada agreements (and US)= . > Our position is we're not prohibiting any caregiver from accepting privat= e > employment from clients, but we're merely looking for our clients to pay = a > placement fee given we introduced the caregiver to them. This is because = we > spend significant money on our caregivers to hire, train and manage them > and in the event our clients want to privately hire them after our > introduction we're looking to recoup some of those costs. > > Tim/Chuck, my assumption is this has come up before and dealt with by you= r > various teams? Let me know if you'd like to discuss/strategize further. > > Thanks. > > > > > On Tue, Aug 6, 2024 at 9:16=E2=80=AFAM Tammi Franzese > wrote: > >> Hi Tim, >> >> I see that the attached CCA is *not* the updated Care Agreement. It >> doesn't have the changes that we recently made. Mikko or Monica will upd= ate >> us in the group g-chat when the new versions are active in PandaDoc. >> >> I defer to @Steve Koyanagi for his input about >> the competition act. >> >> *Sincerely,* >> >> *Tammi Franzese* >> Senior Corporate Paralegal | >> *TheKey*813.521.5269 >> [image: TheKey] >> >> >> On Tue, Aug 6, 2024 at 12:11=E2=80=AFPM Timothy Thomas w= rote: >> >>> Hi. >>> >>> Please see the comments below on our new consent agreement in Canada. >>> >>> >>> *Tim Thomas* >>> Head of Canada Division | *TheKey* >>> Mobile: 514.591.9387 >>> [image: TheKey] >>> >>> >>> ---------- Forwarded message --------- >>> From: Shawntel Sousa >>> Date: Tue, Aug 6, 2024 at 12:08=E2=80=AFPM >>> Subject: Consent Agreement Concern >>> To: Chuck Terlesky , Timothy Thomas >> > >>> >>> >>> Hi Chuck and Tim, >>> >>> I have received two complaints from prospective clients regarding this >>> agreement and how it is not in accordance with the competition act of >>> Canada. >>> >>> Can I get someone to follow up with this right away, I have lost a >>> client over it already and now I may lose another one because of it and= his >>> wife is a lawyer. I have attached the act to this email and the client'= s >>> agreement that is not willing to sign. >>> >>> Thank you. >>> >>> *Thank you,* >>> >>> *Shawntel Sousa,

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