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TERMS OF SERVICE
Xclusive Care Services
Effective Date: 08/01/2024
These Terms of Service (“Terms”) govern the provision of home care services by Xclusive Care Services, a LLC, with its principal place of business at 1540 Highway 138 SE Set 2F By signing a Service Agreement or receiving services from the Agency, you agree to be bound by these Terms.
1. Services Provided
The Agency provides non-medical and/or medical home care services as agreed upon in the Client’s individualized Service Agreement or Care Plan. Services may include, but are not limited to:
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Personal care assistance
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Companionship
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Meal preparation
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Medication reminders (non-administration unless licensed)
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Light housekeeping
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Mobility assistance
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Skilled nursing or therapy services (if licensed and agreed)
Specific services, schedules, and fees are outlined in the Service Agreement.
2. No Medical Advice Disclaimer
Unless explicitly stated and provided by a licensed professional, Agency staff do not provide medical diagnosis, treatment, or medical advice. Emergency medical situations require contacting emergency services (911 or local equivalent).
3. Client Responsibilities
The Client (or authorized representative) agrees to:
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Provide accurate and complete health and personal information
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Maintain a safe working environment for caregivers
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Treat caregivers with respect and without harassment or abuse
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Inform the Agency promptly of changes in health status or care needs
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Ensure pets are secured during service visits
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Provide necessary supplies and equipment for care
The Agency reserves the right to suspend or terminate services if conditions are unsafe or abusive.
4. Caregiver Assignment and Substitution
The Agency will make reasonable efforts to match caregivers based on Client needs and preferences. The Agency may substitute caregivers as needed due to scheduling, illness, or other operational reasons.
Caregivers are employees or contracted workers of the Agency and are not employees of the Client.
5. Scheduling, Cancellations, and Missed Visits
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Services are scheduled in advance per the Service Agreement.
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Cancellations require at least [24/48] hours’ notice.
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Late cancellations or no-shows may result in charges as outlined in the Service Agreement.
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The Agency is not responsible for missed visits due to circumstances beyond its control (e.g., severe weather, natural disasters).
6. Fees and Payment
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Fees are outlined in the Service Agreement or Fee Schedule.
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Payment is due according to the agreed billing cycle (e.g., weekly, biweekly).
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Late payments may result in service suspension or termination.
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The Client is responsible for all charges not covered by insurance, Medicaid, Medicare, or other third-party payers.
7. Insurance and Benefits Disclaimer
The Agency does not guarantee coverage or reimbursement by insurance or government programs unless explicitly stated in writing. Eligibility and approval are determined by the payer, not the Agency.
8. Confidentiality and Privacy
The Agency complies with applicable privacy laws, including HIPAA where applicable. Client information will be used only for care coordination, billing, and legal compliance, except as authorized by the Client or required by law.
9. Consent to Care
By receiving services, the Client (or authorized representative) consents to the care outlined in the Service Agreement and acknowledges understanding of the nature and limitations of home care services.
10. Limitation of Liability
To the fullest extent permitted by law, the Agency shall not be liable for:
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Outcomes resulting from inaccurate information provided by the Client
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Client’s refusal to follow care recommendations
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Injuries resulting from unsafe home conditions not disclosed to the Agency
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Acts beyond the Agency’s reasonable control
The Agency’s liability shall not exceed the total amount paid for services in the preceding [30/60/90] days, except where prohibited by law.
11. Indemnification
The Client agrees to indemnify and hold harmless the Agency, its employees, and contractors from any claims, damages, or expenses arising from:
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Client’s breach of these Terms
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Unsafe conditions in the Client’s home
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Misrepresentation of health or care needs
12. Termination of Services
Either party may terminate services with written notice as outlined in the Service Agreement. The Agency may terminate services immediately for non-payment, unsafe conditions, illegal activity, or abusive behavior.
13. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of [State], without regard to conflict of law principles.
14. Amendments
The Agency reserves the right to update these Terms with reasonable notice. Continued use of services constitutes acceptance of revised Terms.
15. Entire Agreement
These Terms, together with the Service Agreement and Care Plan, constitute the entire agreement between the parties and supersede any prior understandings.
16. Contact Information
For questions or concerns regarding these Terms, please contact:
Xclusive Care Services​:
1540 Highway 138 Suite 2F
Conyers, GA 30013
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