Terms and Conditions of Service
- Applicability. These terms and conditions for services (these “Terms“) are the only terms that govern the provision of services by Kennedy Care Ann Arbor LLC (“KennedyCare“) to the individual subscribing for the Services (“Client”). The Client’s order confirmation (the “Order Confirmation“) and these Terms (collectively, this “Agreement“) comprise the entire agreement between the parties, and supersede all prior or contemporaneous understandings, agreements, negotiations, representations and warranties, and communications, both written and oral. In the event of any conflict between these Terms and the Order Confirmation, these Terms shall govern.
- Services. By executing the Order Confirmation, Client engages KennedyCare to provide the Client with home care services (the “Services“). KennedyCare shall provide the Services in accordance with the terms and subject to the conditions set forth in this Agreement.
- Fees and Expenses. Client shall pay to KennedyCare the fee as set forth in the Order Confirmation (the “Fee“), and such Fee may be changed by KennedyCare at any time with 30 days’ notice to Client.
- Payment. Client will be billed for the Services on a bi-weekly basis, on the 1st and 15th day of each month. Payment is due within 30 days of the date of KennedyCare’s invoice. All late payments shall bear interest at a rate of 3% per month, calculated daily and compounded monthly. In addition to all other remedies available under this Agreement or at law (which KennedyCare does not waive by the exercise of any rights hereunder), KennedyCare shall be entitled to suspend the provision of any Services if Client fails to pay any undisputed amounts when due hereunder and such failure continues for 3 days following written notice thereof. Payment options are credit or debit card (Visa, MasterCard, American Express) and pre-authorized direct debit. All payments are non-refundable.
- Termination. Either party may terminate the Services at any time, effective immediately upon written notice to the other party.
- Limited Warranty. KennedyCare warrants that it shall perform the Services (a) using personnel of required skill, experience, and qualifications; and (b) in a timely, workmanlike, and professional manner in accordance with generally recognized industry standards for similar services. KENNEDYCARE (x) MAKES NO WARRANTIES EXCEPT FOR THOSE SET OUT ABOVE; AND (y) DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
- Limitation of Liability. IN NO EVENT SHALL KENNEDYCARE BE LIABLE TO CLIENT FOR ANY LOSS, DAMAGES OR CLAIMS THAT ARISE OUT OF KENNEDYCARE’S PROVISION OF THE SERVICES, INCLUDING WITHOUT LIMITATION THE PROVISION OF TRANSPORTATION SERVICES, OR TO ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE, OR PROFIT OR DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT KENNEDYCARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL KENNEDYCARE’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICES, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED TWO (2) TIMES THE AGGREGATE AMOUNTS PAID OR PAYABLE TO KENNEDYCARE IN THE ONE MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
- Release. Client acknowledges that its use of the Services, including without limitation transportation services, involves the risk of serious injury, disability, death and property damage. Client hereby expressly waives and releases any and all claims, now known or hereafter known, against KennedyCare, and its officers, directors, managers, employees, agents, affiliates, shareholders/members, successors, and assigns (collectively, “Releasees“), on account of injury, illness, disability, death, or property damage arising out of or attributable to the Services, whether arising out of the ordinary negligence of KennedyCare or any Releasee or otherwise. Client covenants not to make or bring any such claim against KennedyCare or any other Releasee, and forever releases and discharges KennedyCare and all other Releasees from liability under such claims. This waiver and release does not extend to claims for gross negligence, willful misconduct, or any other liabilities that Michigan law does not permit to be released by agreement.
- Dispute. In the event of a dispute between the parties, the parties will work in good faith to resolve the dispute. KennedyCare agrees to use reasonable efforts to give warning and seek resolution of the dispute before resorting to termination of the Services.
- Client Expectations. Client agrees to adhere to the health and safety conditions outlined in the Client Information Packet.
- Each party shall deliver all communications in writing either in person, by certified or registered mail, return receipt requested and postage prepaid, by email (with confirmation of transmission), or by recognized overnight courier service, and addressed to the other party at the addresses set forth on the Client’s intake form.
- This Agreement and all matters arising out of or relating to this Agreement are governed by the laws of Michigan, without giving effect to any conflict of laws provisions thereof. Either party shall institute any legal suit, action, or proceeding arising out of or relating to this Agreement in the federal or state courts in each case located in Ann Arbor, Michigan. EACH PARTY HEREBY IRREVOCABLY AND UNCONDITIONALLY: (A) CONSENTS AND SUBMITS TO THE EXCLUSIVE JURISDICTION OF THE AFOREMENTIONED COURTS; (B) WAIVES ANY OBJECTION TO THAT CHOICE OF FORUM BASED ON VENUE OR TO THE EFFECT THAT THE FORUM IS NOT CONVENIENT; (C) WAIVES ANY RIGHT TO TRIAL BY JURY; AND (D) WAIVES PERSONAL SERVICE OF ANY SUMMONS, COMPLAINT, OR OTHER PROCESS, WHICH MAY BE MADE BY ANY OTHER MEANS PERMITTED BY MICHIGAN LAW.
- The terms and conditions in effect as of the date of the Order Confirmation will govern the relationship of the parties for the duration of the Services, unless and until Client executes a new Order Confirmation agreeing to be bound by any updated version of this Agreement. The parties may amend the Services at any time by execution of a new Order Confirmation.
- No waiver of any right, remedy, power, or privilege under this Agreement (“Right(s)“) is effective unless contained in a writing signed by the party charged with such waiver. No failure to exercise, or delay in exercising, any Right operates as a waiver thereof. No single or partial exercise of any Right precludes any other or further exercise thereof or the exercise of any other Right. The Rights under this Agreement are cumulative and are in addition to any other rights and remedies available at law or in equity or otherwise.
- Client may not assign or transfer its right to receive the Services without the prior written consent of KennedyCare. Any purported assignment or delegation in violation of this Section shall be null and void.
- This Agreement is binding upon and inures to the benefit of the parties and their respective successors and permitted assigns. Except for the parties, their successors and permitted assigns, there are no third party beneficiaries under this Agreement.
- Any provision that, in order to give proper effect to its intent, should survive the expiration or termination of the Services, will survive such expiration or termination for the period specified therein, or if nothing is specified for a period of 12 months after such expiration or termination.