Terms of Service

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“Client,” “you,” or “your”) and Sagewell Home Care (“we,” “us,” or “our”), governing your use of our home care services and website. Please read these Terms carefully before engaging our services.

1. Acceptance of Terms

By engaging our home care services, signing a service agreement, or accessing and using our website, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you are entering into these Terms on behalf of another person (e.g., as a family member, guardian, or substitute decision-maker), you represent that you have the legal authority to bind that person to these Terms.

If you do not agree to these Terms, you must not use our services or website. We reserve the right to modify these Terms at any time. Continued use of our services after any modifications constitutes acceptance of the revised Terms.

2. Description of Services

Sagewell Home Care provides professional home care services in Calgary and surrounding areas in Alberta. Our services may include, but are not limited to:

• Personal Care: Assistance with activities of daily living, including bathing, dressing, grooming, toileting, and mobility support
• Companion Care: Social engagement, accompaniment to appointments, and emotional support
• Homemaking Services: Light housekeeping, meal preparation, laundry, and household management
• Medication Reminders: Reminders to take prescribed medications as directed by a healthcare provider
• Respite Care: Temporary relief for primary family caregivers
• Specialized Care: Support for clients with dementia, Alzheimer’s, chronic conditions, or post-surgical recovery needs

3. Eligibility and Client Responsibilities

Client Eligibility

Our services are available to individuals residing in Calgary and surrounding areas in Alberta who require home care assistance. Clients must be assessed by Sagewell Home Care to determine the suitability and scope of services prior to commencement.

Client Responsibilities

As a client or authorized representative, you agree to:

• Provide accurate, current, and complete information regarding the client’s health condition, needs, and any relevant circumstances
• Promptly notify us of any changes in health status, medications, emergency contacts, or care needs
• Maintain a safe and reasonable working environment for our caregivers, free from hazards, harassment, and discrimination
• Ensure that pets are secured during caregiver visits if they pose a safety concern
• Provide necessary supplies, equipment, and access for the delivery of services as outlined in the care plan
• Treat our caregivers and staff with respect and dignity
• Comply with these Terms and any applicable service agreement

4. Service Agreement and Care Plans

Prior to the commencement of services, a detailed service agreement will be prepared outlining:

• The nature, scope, and frequency of services to be provided
• An individualized care plan based on an initial assessment
• Applicable service rates and payment terms
• Emergency procedures and contacts
• The rights and responsibilities of both parties

Care plans are reviewed and updated periodically, or as the client’s needs change. Any modifications to the scope of services require mutual agreement and may result in adjusted fees.

5. Payment Terms

Service Rates

Service rates are communicated during the initial consultation and documented in your service agreement. Rates may vary depending on the type of service, time of day, duration, and any specialized care requirements.

Invoicing and Payment

• Invoices are issued on a regular schedule as specified in your service agreement (e.g., bi-weekly or monthly)
• Payment is due within fifteen (15) days of the invoice date unless otherwise agreed in writing
• We accept payment by cheque, electronic funds transfer, credit card, or other methods as communicated to you

Late Payments

Accounts that remain unpaid beyond the due date may be subject to:

• A late payment fee as outlined in your service agreement
• Suspension of services until the outstanding balance is resolved
• Referral to a collections agency, with any associated collection costs being the responsibility of the client

Third-Party Funding

If your care is funded in whole or in part by a third party (e.g., insurance, government programs, veterans’ benefits), you remain responsible for any amounts not covered by the third-party payer, as well as for any amounts denied or not yet paid by the third party.

6. Cancellation and Rescheduling Policy

Cancellation by the Client

• With 24+ hours’ notice: No cancellation fee applies. The visit will be cancelled or rescheduled at no cost.
• With less than 24 hours’ notice: A cancellation fee equivalent to the full cost of the scheduled visit may be charged, as the caregiver’s time has been reserved and cannot reasonably be reallocated.
• No-show: If a caregiver arrives at the scheduled time and is unable to provide services due to the client’s absence without prior notice, the full cost of the scheduled visit will be charged.

Cancellation by Sagewell Home Care

In the unlikely event that we must cancel a scheduled visit (e.g., due to caregiver illness or emergency), we will make every reasonable effort to:

• Notify you as soon as possible
• Arrange a substitute caregiver
• Reschedule the visit at a mutually convenient time

No fees will be charged for visits cancelled by Sagewell Home Care.

Exceptions

Exceptions to the cancellation policy may be considered in cases of genuine emergency, hospitalization, or other extraordinary circumstances, at the sole discretion of Sagewell Home Care.

7. Limitation of Liability

To the fullest extent permitted by applicable law in Alberta:

• Sagewell Home Care provides home care services on an “as available” basis and makes no warranties, express or implied, regarding the suitability of a particular caregiver or the outcomes of care.
• We shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to the provision of services.
• Our total aggregate liability for any claims arising under these Terms shall not exceed the total amount of fees paid by the client to Sagewell Home Care in the twelve (12) months preceding the event giving rise to the claim.
• We are not liable for any loss or damage to personal property, except where such loss or damage is caused by the gross negligence or wilful misconduct of our employees or contractors acting within the scope of their duties.
• We do not accept liability for any delays, interruptions, or inability to provide services due to circumstances beyond our reasonable control, including but not limited to natural disasters, pandemics, severe weather, government orders, labour disputes, or infrastructure failures (force majeure).

8. Indemnification

You agree to indemnify and hold harmless Sagewell Home Care, its officers, directors, employees, agents, and contractors from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or in any way connected with:

• Your breach of these Terms or any service agreement
• The provision of inaccurate, incomplete, or misleading information by you or your authorized representative
• Any unsafe conditions in the client’s home that were not disclosed to Sagewell Home Care
• Any actions or omissions by the client or persons in the client’s home that result in harm to our caregivers or staff

9. Termination of Services

Termination by the Client

You may terminate services at any time by providing written notice to Sagewell Home Care. We request a minimum of two (2) weeks’ notice to ensure a smooth transition of care. You remain responsible for payment of any services rendered up to the date of termination and any applicable cancellation fees.

Termination by Sagewell Home Care

We reserve the right to terminate or suspend services with reasonable notice if:

• Payment obligations are not met after reasonable attempts to resolve the matter
• The client’s care needs exceed the scope of services we are equipped to provide
• Continued provision of services poses a safety risk to our caregivers
• The client or persons in the client’s home engage in conduct that is abusive, threatening, discriminatory, or otherwise inappropriate toward our staff
• The client or authorized representative breaches a material term of these Terms or the service agreement

In the event of termination, we will make reasonable efforts to assist with the transition to an alternative care provider where appropriate.

Immediate Termination

Sagewell Home Care may terminate services immediately and without notice in cases involving violence, threats of violence, or any situation that poses an imminent risk to the safety of our caregivers.

10. Intellectual Property

All content on the Sagewell Home Care website, including text, graphics, logos, images, and software, is the property of Sagewell Home Care or its licensors and is protected by Canadian copyright and intellectual property laws. You may not reproduce, distribute, modify, or create derivative works from any content on our website without our prior written consent.

11. Dispute Resolution

In the event of a dispute arising from or relating to these Terms or the services provided by Sagewell Home Care, the parties agree to the following resolution process:

Step 1: Informal Resolution

The parties shall first attempt to resolve the dispute informally through good-faith discussions. Either party may initiate this process by providing written notice of the dispute to the other party. The parties shall have thirty (30) days from the date of notice to attempt to resolve the matter informally.

Step 2: Mediation

If the dispute cannot be resolved informally, either party may request that the matter be submitted to mediation before a neutral mediator mutually agreed upon by the parties, located in Calgary, Alberta. The costs of mediation shall be shared equally unless the mediator directs otherwise.

Step 3: Arbitration or Litigation

If mediation does not result in a resolution, either party may pursue the matter through binding arbitration or through the courts of competent jurisdiction in the Province of Alberta. Nothing in this section shall prevent either party from seeking injunctive or other equitable relief from a court of competent jurisdiction where necessary to protect its rights.

12. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Province of Alberta and the federal laws of Canada applicable therein, without regard to conflict of law principles. The parties irrevocably submit to the exclusive jurisdiction of the courts of the Province of Alberta, sitting in Calgary, for the resolution of any disputes arising from these Terms.

13. General Provisions

Entire Agreement

These Terms, together with any service agreement executed between the parties, constitute the entire agreement between you and Sagewell Home Care with respect to the subject matter hereof and supersede all prior or contemporaneous communications, representations, or agreements, whether oral or written.

Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its original intent.

Waiver

The failure of Sagewell Home Care to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. Any waiver must be in writing and signed by an authorized representative of Sagewell Home Care.

Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. Sagewell Home Care may assign its rights and obligations under these Terms to a successor entity in connection with a merger, acquisition, or sale of all or substantially all of its assets.

Amendments

We reserve the right to amend these Terms at any time. Material changes will be communicated to active clients in writing or by posting a revised version on our website with an updated effective date. Continued use of our services after notification of changes constitutes acceptance of the amended Terms.