TERMS AND CONDITIONS
The Terms and Conditions below are incorporated into your Agreement with TheKey of California, LLC and are effective November 19, 2024.
1. PAYMENT AUTHORIZATION: You authorize us to electronically debit each invoice amount on the due date from your bank account and to maintain your bank account information on our payment system. Your payment authorization remains in full force and effect unless you submit a written notification of cancellation. You are required to notify us of any change in or update to the provided ACH payment method and agree that we may attempt to obtain such updates ourselves. If an ACH transaction is rejected for Non-Sufficient Funds (NSF), we may attempt to process the charge again within 30 days and you agree to an additional charge for each returned NSF. You are required to notify our Billing Department immediately in the event of any payment dispute. By entering into this Agreement, you certify that you are the authorized user of the bank account you have provided for payment. If you wish to pay charges by debit/credit card, you are required to execute a Credit/Debit Card Payment Authorization Form and all terms contained in that form are incorporated into this Agreement.
2. BILLING RATE CHANGES: The rates listed above (“Billing Rates”) are subject to change, including due to an annual increase, change in your schedule or circumstances, change in Services requested, regulatory updates, market conditions, or Company-wide policy. You may request an updated Care Agreement in the event of any Billing Rate change and we will not withhold one unreasonably, provided that your prior Care Agreement shall remain in effect until you execute the updated Care Agreement. You agree we will automatically charge you at the applicable Billing Rate.
3. BILLING ISSUES: Non-Payment of more than fourteen (14) days is considered late and may be subject to interest charges of 1.5% per month on unpaid amounts and collection/attorney fees at our discretion. We may suspend Services if payments are overdue by more than fourteen (14) days and/or we may require a deposit of one (1) month of expected Services or more in order to continue Services. Any payment you make toward past due payments will be applied first to any accrued interest owing, and then to the principal unpaid balance. You are responsible for the full cost of the Services rendered regardless of whether the cost is reimbursable or reimbursed by your insurance, if any, or any governmental or other benefit. You agree not to pay a Care Provider directly for any Services. All charges are non-refundable, earned in full, and due and payable according to the terms of this Agreement. All fees, costs and interest relating to any collection activity will be added to your balance and you agree to pay all such charges. To the extent authorized by law, you agree to pay for any charge we incur if your debit card, credit card, ACH or other payment is returned or refused.
4. ADDITIONAL SERVICE CHARGES: Communicate any scheduling matters with your client/relationship manager as soon as possible. Do not alter, eliminate, or add schedules directly with your Care Provider. You may incur additional charges, including overtime (one and one-half times the Billing Rate) if you do not communicate your schedule change according to this policy. You are required to pay additional charges for non-scheduled hours of Services received, including working outside the scheduled shift, missed or interrupted break periods, et cetera.
5. RECORDKEEPING: By entering into this Agreement, you agree to provide your Care Provider with sufficient time to report time and tasks on a daily basis, including on your home phone or cell phone.
6. CANCELLATION OF SHIFTS: Cancellations of scheduled shifts must be made during normal business hours for your designated Company office and more than forty-eight (48) hours prior to the start of the shift. Cancellations during non- business hours are recorded as of the next business day. Cancellations for weekend Services must be made by no later than close of business the previous Friday. Cancellations not received within the times provided herein will be subject to a cancellation fee equivalent to the Billing Rate for the entire scheduled shift.
7. CLIENT CONCERNS: We aim to provide you with the best service. If you have any concerns or complaints, please promptly notify us so we can quickly address your concerns. We will contact you and investigate the concern/complaint as appropriate. If you do not raise any concerns or complaints as required under this Agreement, you agree the Services were performed in a satisfactory manner.
8. HOME CARE LIVE-IN/EXTENDED SHIFTS: If you are receiving Live-In and/or Extended Shift Services (shifts of 24 hours or more), you are required to execute an Addendum related to mandatory breaks for Care Providers as required by law.
9. STATE ADDENDUM: We may be required to provide you with certain notices, and/or be subject to additional requirements under state law. In the event of any conflict between the Agreement and a State Addendum, the State Addendum applies.
10. CLIENT INFORMATION AND UPDATES: You agree to provide us with all relevant information necessary for your care, including any change in circumstances, insurance information (if applicable), billing/payment information, and related information. We will maintain the confidentiality of all information to the maximum extent required by law and in accordance with applicable privacy rules. You agree the collection, use, disclosure, and retention of your personal information is subject to the terms of our Privacy Policy found athttps://thekey .com/privacy-policy.
11. CARE PROVIDER RISK OF PHYSICAL HARM: If there is an imminent risk of physical harm to one of our Care Providers in the course of Services, our Care Provider is entitled to vacate the premises without exposing themselves and/or us to liability. If the imminent risk of physical harm is caused by you or circumstances in your home, then we will charge for the shift even if the Care Provider does not complete it and this Agreement may be subject to immediate termination.
12. VEHICLE USAGE: If you would like your Care Provider to drive your vehicle to render Services, you agree to (i) notify and obtain authorization from us; (ii) properly maintain the vehicle; (iii) maintain a current and valid registration for the vehicle; (iv) carry all legally required insurance; and (v) provide us with proof of maintenance, registration and insurance. You also need to obtain our authorization before utilizing our Care Provider’s vehicle for any reason.
13. WEAPONS AND SURVEILLANCE CAMERAS: If you maintain any firearms, you must notify us and secure them appropriately. You must also inform us of any surveillance cameras in your home and at least one (1) restroom must be surveillance-free for use by our Care Providers.
14. VALUABLES: You agree to secure and not entrust to Care Providers any valuables, including cash, jewelry, and confidential financial and personal information. You agree not to give any gifts, loans, bonuses, tips, payments, or advance any money to Care Provider without authorization from us.
15. EQUAL OPPORTUNITY EMPLOYER: We are an equal opportunity employer. We give equal opportunities to and do not discriminate against employees and applicants, including staffing matters, without regard to race, color, religion, sex, age, national origin, disability, and/or any other characteristic protected by federal, state or local law.
16. INDEMNIFICATION, DISCLAIMERS, LIMITATION OF LIABILITY: In recognition of the relative risks and benefits of Services provided by us, you agree to the fullest extent permitted by law to indemnify, defend and hold harmless us and our officers, directors, members, employees, affiliated entities, successors and assigns (“Company Releasees”) from and against any and all causes of action, losses, liabilities, claims, damages, actions, suits, proceedings, settlements, judgments, costs and expenses (including reasonable attorneys’ fees) arising out of, or in connection with any and all liability or cause of action, however alleged, related to or arising under your acts, omissions, or breaches of this Agreement. Should you fail to maintain automobile liability insurance, and/or fail to maintain sufficient coverage, or if the insurance coverage is denied for whatever reason, you further agree to release Company Releasees and hold them harmless and indemnify them from any claim, liability, or cause of action for any injury to you or property damage resulting from the use of your automobile if operated by us, whether or not prior authorization from our office has been obtained. We warrant and represent that the Services will be provided in a good and workmanlike manner in accordance with prevailing industry standards and applicable law. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ADDITIONAL WARRANTIES. WE MAKE NO REPRESENTATION, WARRANTY, OR GUARANTEE THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR WILL BE AVAILABLE ON AN UNINTERRUPTED OR ERROR-FREE BASIS. WE SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY. OUR AGGREGATE LIABILITY FOR DAMAGES, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER BASIS SHALL NOT EXCEED THE AMOUNT PAID BY YOU DURING THE PRECEDING THREE MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM.
17. FALL RISK DISCLAIMER: Clients of advanced age and/or conditions that cause physical instability or mental confusion are at elevated risk for falls. Our Care Providers understand these risks and are trained to minimize falls; however, you understand that the risk cannot be 100% eliminated.
18. COMPANY COMMUNICATIONS: You agree that we may contact you via email, phone, or text, including for communications related to quality assurance, marketing, service offerings, and other company related activities.
19. ELECTRONIC SIGNATURE: Your electronic signature is the legal equivalent of a manual signature on any applicable Client documents.
20. TERMINATION: Either you or we may terminate the Agreement by providing twenty-four (24) hours written notice. Upon notice of termination, you are obligated to pay all outstanding amounts owed under the Agreement, including any applicable cancellation fees.
21. LONG-TERM CARE INSURANCE: We will work with clients who have Long-Term Care Insurance, which may cover some or all of the cost of our Services. Benefits eligibility is determined by your insurer and your insurance plan may not apply or cover the cost of all Services. We may at our discretion submit claims on your behalf for reimbursement from your insurer. Regardless of benefits, you are required to pay us directly for Services. If you are approved for an Assignment of Benefits (“AOB”) by us and your insurer, we may receive payment directly from your insurer. You are responsible for paying us directly until the AOB payments are delivered to us from your insurer and you remain responsible for any shortfall between AOB payments and your invoices. You must provide all information required by us and your insurer to process payments. Should you terminate the Agreement or revoke the AOB with your insurer, you authorize us to process payment for all outstanding invoices.
22. CANCELLATION FOR CARE COMMITMENT - ADVANCE PAYMENT: You may cancel this Agreement without any penalty or obligation either (1) within three business days from entering into this Agreement; or (2) upon a doctor’s order stating you cannot physically receive the Services. If you cancel for either of these reasons, we will initiate a refund of any unused amount of the Advance Payment within ten (10) business days. To receive a refund, you must verbally notify your Client Success Manager or any other office personnel of the cancellation and confirm it in writing.
23. ENTIRE AGREEMENT; AMENDMENTS; NOTICE: This Agreement, which includes the Care Agreement, Our Terms and Conditions, Documents Required by your State Licensing and Regulatory Agencies, Documents Required by Your Insurance Provider, and any applicable Addendum(s), and any other document(s) provided in your new client packet, constitute the entire agreement between us with respect to the subject matter hereof and supersedes all other prior agreements and understandings between us. This Care Agreement shall be governed and construed in accordance with the laws of the state where you receive Services. We may amend this Agreement at any time by providing written notice to you, and such amendment shall take effect as of the effective date stated in any such notice, without requiring your signature. You agree to provide us with contact information for notices from us to you related to this Agreement and the Services, and you agree that if we contact you using the contact information you provide, that we have given you sufficient notice under this Agreement of any amendments or other changes, and that you cannot challenge the notice or any changes addressed by such notice (including without limitation updates to Billing Rates).
1 If applicable, all references to you in the Agreement, including in the Terms and Conditions, any Addendum, and all other documents provided in your new client packet apply to the Responsible Party.
1. PAYMENT AUTHORIZATION: You authorize us to electronically debit each invoice amount on the due date from your bank account and to maintain your bank account information on our payment system. Your payment authorization remains in full force and effect unless you submit a written notification of cancellation. You are required to notify us of any change in or update to the provided ACH payment method and agree that we may attempt to obtain such updates ourselves. If an ACH transaction is rejected for Non-Sufficient Funds (NSF), we may attempt to process the charge again within 30 days and you agree to an additional charge for each returned NSF. You are required to notify our Billing Department immediately in the event of any payment dispute. By entering into this Agreement, you certify that you are the authorized user of the bank account you have provided for payment. If you wish to pay charges by debit/credit card, you are required to execute a Credit/Debit Card Payment Authorization Form and all terms contained in that form are incorporated into this Agreement.
2. BILLING RATE CHANGES: The rates listed above (“Billing Rates”) are subject to change, including due to an annual increase, change in your schedule or circumstances, change in Services requested, regulatory updates, market conditions, or Company-wide policy. You may request an updated Care Agreement in the event of any Billing Rate change and we will not withhold one unreasonably, provided that your prior Care Agreement shall remain in effect until you execute the updated Care Agreement. You agree we will automatically charge you at the applicable Billing Rate.
3. BILLING ISSUES: Non-Payment of more than fourteen (14) days is considered late and may be subject to interest charges of 1.5% per month on unpaid amounts and collection/attorney fees at our discretion. We may suspend Services if payments are overdue by more than fourteen (14) days and/or we may require a deposit of one (1) month of expected Services or more in order to continue Services. Any payment you make toward past due payments will be applied first to any accrued interest owing, and then to the principal unpaid balance. You are responsible for the full cost of the Services rendered regardless of whether the cost is reimbursable or reimbursed by your insurance, if any, or any governmental or other benefit. You agree not to pay a Care Provider directly for any Services. All charges are non-refundable, earned in full, and due and payable according to the terms of this Agreement. All fees, costs and interest relating to any collection activity will be added to your balance and you agree to pay all such charges. To the extent authorized by law, you agree to pay for any charge we incur if your debit card, credit card, ACH or other payment is returned or refused.
4. ADDITIONAL SERVICE CHARGES: Communicate any scheduling matters with your client/relationship manager as soon as possible. Do not alter, eliminate, or add schedules directly with your Care Provider. You may incur additional charges, including overtime (one and one-half times the Billing Rate) if you do not communicate your schedule change according to this policy. You are required to pay additional charges for non-scheduled hours of Services received, including working outside the scheduled shift, missed or interrupted break periods, et cetera.
5. RECORDKEEPING: By entering into this Agreement, you agree to provide your Care Provider with sufficient time to report time and tasks on a daily basis, including on your home phone or cell phone.
6. CANCELLATION OF SHIFTS: Cancellations of scheduled shifts must be made during normal business hours for your designated Company office and more than forty-eight (48) hours prior to the start of the shift. Cancellations during non- business hours are recorded as of the next business day. Cancellations for weekend Services must be made by no later than close of business the previous Friday. Cancellations not received within the times provided herein will be subject to a cancellation fee equivalent to the Billing Rate for the entire scheduled shift.
7. CLIENT CONCERNS: We aim to provide you with the best service. If you have any concerns or complaints, please promptly notify us so we can quickly address your concerns. We will contact you and investigate the concern/complaint as appropriate. If you do not raise any concerns or complaints as required under this Agreement, you agree the Services were performed in a satisfactory manner.
8. HOME CARE LIVE-IN/EXTENDED SHIFTS: If you are receiving Live-In and/or Extended Shift Services (shifts of 24 hours or more), you are required to execute an Addendum related to mandatory breaks for Care Providers as required by law.
9. STATE ADDENDUM: We may be required to provide you with certain notices, and/or be subject to additional requirements under state law. In the event of any conflict between the Agreement and a State Addendum, the State Addendum applies.
10. CLIENT INFORMATION AND UPDATES: You agree to provide us with all relevant information necessary for your care, including any change in circumstances, insurance information (if applicable), billing/payment information, and related information. We will maintain the confidentiality of all information to the maximum extent required by law and in accordance with applicable privacy rules. You agree the collection, use, disclosure, and retention of your personal information is subject to the terms of our Privacy Policy found athttps://thekey .com/privacy-policy.
11. CARE PROVIDER RISK OF PHYSICAL HARM: If there is an imminent risk of physical harm to one of our Care Providers in the course of Services, our Care Provider is entitled to vacate the premises without exposing themselves and/or us to liability. If the imminent risk of physical harm is caused by you or circumstances in your home, then we will charge for the shift even if the Care Provider does not complete it and this Agreement may be subject to immediate termination.
12. VEHICLE USAGE: If you would like your Care Provider to drive your vehicle to render Services, you agree to (i) notify and obtain authorization from us; (ii) properly maintain the vehicle; (iii) maintain a current and valid registration for the vehicle; (iv) carry all legally required insurance; and (v) provide us with proof of maintenance, registration and insurance. You also need to obtain our authorization before utilizing our Care Provider’s vehicle for any reason.
13. WEAPONS AND SURVEILLANCE CAMERAS: If you maintain any firearms, you must notify us and secure them appropriately. You must also inform us of any surveillance cameras in your home and at least one (1) restroom must be surveillance-free for use by our Care Providers.
14. VALUABLES: You agree to secure and not entrust to Care Providers any valuables, including cash, jewelry, and confidential financial and personal information. You agree not to give any gifts, loans, bonuses, tips, payments, or advance any money to Care Provider without authorization from us.
15. EQUAL OPPORTUNITY EMPLOYER: We are an equal opportunity employer. We give equal opportunities to and do not discriminate against employees and applicants, including staffing matters, without regard to race, color, religion, sex, age, national origin, disability, and/or any other characteristic protected by federal, state or local law.
16. INDEMNIFICATION, DISCLAIMERS, LIMITATION OF LIABILITY: In recognition of the relative risks and benefits of Services provided by us, you agree to the fullest extent permitted by law to indemnify, defend and hold harmless us and our officers, directors, members, employees, affiliated entities, successors and assigns (“Company Releasees”) from and against any and all causes of action, losses, liabilities, claims, damages, actions, suits, proceedings, settlements, judgments, costs and expenses (including reasonable attorneys’ fees) arising out of, or in connection with any and all liability or cause of action, however alleged, related to or arising under your acts, omissions, or breaches of this Agreement. Should you fail to maintain automobile liability insurance, and/or fail to maintain sufficient coverage, or if the insurance coverage is denied for whatever reason, you further agree to release Company Releasees and hold them harmless and indemnify them from any claim, liability, or cause of action for any injury to you or property damage resulting from the use of your automobile if operated by us, whether or not prior authorization from our office has been obtained. We warrant and represent that the Services will be provided in a good and workmanlike manner in accordance with prevailing industry standards and applicable law. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ADDITIONAL WARRANTIES. WE MAKE NO REPRESENTATION, WARRANTY, OR GUARANTEE THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR WILL BE AVAILABLE ON AN UNINTERRUPTED OR ERROR-FREE BASIS. WE SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY. OUR AGGREGATE LIABILITY FOR DAMAGES, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER BASIS SHALL NOT EXCEED THE AMOUNT PAID BY YOU DURING THE PRECEDING THREE MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM.
17. FALL RISK DISCLAIMER: Clients of advanced age and/or conditions that cause physical instability or mental confusion are at elevated risk for falls. Our Care Providers understand these risks and are trained to minimize falls; however, you understand that the risk cannot be 100% eliminated.
18. COMPANY COMMUNICATIONS: You agree that we may contact you via email, phone, or text, including for communications related to quality assurance, marketing, service offerings, and other company related activities.
19. ELECTRONIC SIGNATURE: Your electronic signature is the legal equivalent of a manual signature on any applicable Client documents.
20. TERMINATION: Either you or we may terminate the Agreement by providing twenty-four (24) hours written notice. Upon notice of termination, you are obligated to pay all outstanding amounts owed under the Agreement, including any applicable cancellation fees.
21. LONG-TERM CARE INSURANCE: We will work with clients who have Long-Term Care Insurance, which may cover some or all of the cost of our Services. Benefits eligibility is determined by your insurer and your insurance plan may not apply or cover the cost of all Services. We may at our discretion submit claims on your behalf for reimbursement from your insurer. Regardless of benefits, you are required to pay us directly for Services. If you are approved for an Assignment of Benefits (“AOB”) by us and your insurer, we may receive payment directly from your insurer. You are responsible for paying us directly until the AOB payments are delivered to us from your insurer and you remain responsible for any shortfall between AOB payments and your invoices. You must provide all information required by us and your insurer to process payments. Should you terminate the Agreement or revoke the AOB with your insurer, you authorize us to process payment for all outstanding invoices.
22. CANCELLATION FOR CARE COMMITMENT - ADVANCE PAYMENT: You may cancel this Agreement without any penalty or obligation either (1) within three business days from entering into this Agreement; or (2) upon a doctor’s order stating you cannot physically receive the Services. If you cancel for either of these reasons, we will initiate a refund of any unused amount of the Advance Payment within ten (10) business days. To receive a refund, you must verbally notify your Client Success Manager or any other office personnel of the cancellation and confirm it in writing.
23. ENTIRE AGREEMENT; AMENDMENTS; NOTICE: This Agreement, which includes the Care Agreement, Our Terms and Conditions, Documents Required by your State Licensing and Regulatory Agencies, Documents Required by Your Insurance Provider, and any applicable Addendum(s), and any other document(s) provided in your new client packet, constitute the entire agreement between us with respect to the subject matter hereof and supersedes all other prior agreements and understandings between us. This Care Agreement shall be governed and construed in accordance with the laws of the state where you receive Services. We may amend this Agreement at any time by providing written notice to you, and such amendment shall take effect as of the effective date stated in any such notice, without requiring your signature. You agree to provide us with contact information for notices from us to you related to this Agreement and the Services, and you agree that if we contact you using the contact information you provide, that we have given you sufficient notice under this Agreement of any amendments or other changes, and that you cannot challenge the notice or any changes addressed by such notice (including without limitation updates to Billing Rates).
1 If applicable, all references to you in the Agreement, including in the Terms and Conditions, any Addendum, and all other documents provided in your new client packet apply to the Responsible Party.