TANDEM – TERMS OF USE

 SCOPE OF SERVICES. The Responsible Party acknowledges that Tandem is licensed by the California Department of Social Services solely to provide non-medical, personal attendant, or companionship support services to the Client.  

• Tandem shall provide licensed home care services to the Client in accordance with the regulations set forth by the California Department of Social Services and the applicable laws and regulations of the state of California. The Services provided shall include, but are not limited to: 

  • Personal care services, including assistance with activities of daily living, such as bathing, dressing, grooming, and toileting; 

  • Homemaker services, including meal preparation, light housekeeping tasks (such as making the bed, doing the dishes, and taking out the trash), and laundry; 

  • Companion services, including transportation, running errands, and accompanying the Client to appointments; and  

  • Other services as agreed upon between Tandem and the Client or their Authorized Representative. 

SERVICES OUTSIDE OF SCOPE. Tandem will make every reasonable effort to provide the Services requested by the Client but reserves the right to decline requests that are outside of our scope of Services or that would require specialized training or equipment. In such cases, Tandem will inform the Client as soon as possible and may suggest alternative service providers. All Services are additionally subject to the following limitations: 

• Tandem's caregivers are not permitted to lift the Client. The Client must be able to participate in their own transfers with minimal assistance. This means the Client must be able to support their own weight during transfers, such as moving from a bed to a chair or from sitting to standing, with guidance but without being physically lifted by the caregiver. 

• Tandem’s caregivers may use appropriate transfer equipment, such as a Gait belt or Hoyer lift, to assist in transfers, but it is the responsibility of the Client or their Authorized Representative to ensure that such equipment is available, properly installed, and in good working condition. Tandem’s caregivers will not perform transfers without the proper transfer equipment in place and will not be responsible for operating any equipment that is faulty or unsafe. 

• If the proper equipment is not available or in safe working order, the caregiver reserves the right to decline the transfer, and alternative care arrangements must be made. 

• The Services provided by Tandem are not intended to replace a professional cleaning service. Tandem’s caregivers are not trained housekeepers and although they can perform light housekeeping tasks, they are not able to perform housekeeping tasks that require them to be on their hands and knees or exceed 20% of a caregiver’s time during a visit.  

• Tandem is prohibited from providing any medical Services, including nursing care or administration of medications. The Responsible Party agrees that Tandem shall not be responsible or liable for any services or care that fall outside of Tandem’s scope of Services. If the Client requires medical care, Responsible Party agrees to promptly seek the Services of a licensed medical professional or health care provider. 

SUSPENDING SERVICES: Tandem Care understands that the Client may need to temporarily suspend services for personal reasons, such as vacations or extended travel. However, caregivers rely on consistent work, and prolonged gaps in service may impact caregiver availability. 

• Planned Suspensions: The Client may suspend services for up to two (2) weeks per calendar year with a minimum of seven (7) days' notice before the start of the affected week. Suspensions must be taken in full-week increments; partial-week suspensions are not permitted. 

• Unplanned Hospitalization: If the Client experiences an unplanned hospitalization, their services will be placed on hold. In such cases: 

  • The Client will receive a refund for all unused visits in the current week of services. Scheduled visit(s) occurring on the same day of your notification will not be reimbursed. Billing will be suspended and will not resume until services are reactivated. 

  • If the hospitalization exceeds one (1) week, Tandem cannot guarantee the availability of the Client’s assigned caregiver upon their return. The Client may choose to continue paying for services during the hospitalization to retain their caregiver, or Tandem will make every effort to match them with a new caregiver once they are ready to resume care. 

  • If the Client chooses to suspend services for any reason other than unplanned hospitalization, the Client will remain responsible for their regular weekly rate unless they provide the required seven (7) days' notice. 

RATES, FEES & DEPOSITS.  We will provide the Services at the rates set out in your Service Agreement. 

• Holidays: Tandem observes six holidays each year, during which the Client may choose whether or not they want services. If the Client chooses not to receive care on a holiday, their weekly bill will be adjusted accordingly. If the Client does want care on a holiday, it will be provided based on caregiver availability and all hours will be billed at 1.5 times the Client’s standard hourly rate. The six observed holidays are: 1) New Year's Day; 2) Memorial Day; 3) Independence Day;  4) Labor Day; 5) Thanksgiving Day and 6) Christmas Day. 

• Additional Hours: If the Client needs to book additional hours beyond their agreed-upon schedule, they may do so based on caregiver availability. Additional hours will be billed at the Client’s current hourly rate and must be paid at the time of booking.  

• Overstays on Scheduled Visits: We understand that situations may arise where additional time beyond the scheduled visit is required. In the event that a visit extends beyond the pre-arranged time, the Client will be charged for the extra time needed to provide care. This additional time will be billed in 15-minute increments, based on the Client's current hourly rate.  

• We may change the hourly rate for services at any time by providing you with written notice of a price increase at least seven days before it goes into effect.  

BILLING. You consent to weekly recurring billing for Services. We will bill you weekly on a recurring basis until the date of termination or discontinuation of your Services. We will bill you using the credit card or ACH banking information that you provided to Tandem.  

OVERDUE ACCOUNTS.  Fees for Services to be rendered are due and payable each Monday for that week’s services. If your payment method is declined or rejected for any reason, we have the right to pause Services until payment is resolved or terminate service if payment is not received within 48 hours following the date on which payment is due and payable. We may require a deposit equal to one and a half times the weekly fee if payment issues continue.  

TERMINATION OF AGREEMENT, DISCONTINUATION OF SERVICE. Either Responsible Party or Tandem may terminate this Agreement upon seven (7) calendar days prior written notice to the other party or at such other time as the parties may agree in writing. Responsible Party shall provide written notice of termination by email at billing@tandem.care.  Tandem shall provide written notice of termination by email to the email address provided by Responsible Party. If either party terminates this Agreement, all fees or reimbursable expenses incurred on the Client’s behalf due and payable on or prior to the date of termination will be due and payable by you immediately.  The Services are provided on a week-to-week basis. We do not provide refunds or credits for any partial service periods, except in the event of the Client’s death. We have the right to terminate this Agreement immediately and/or discontinue Services in accordance with the terms of this Agreement or in the event: (1) we determine that you present a threat to yourself and/or our staff, including, but not limited to, the living and working condition of the location of care; (2) you require personal care beyond the capability of Tandem or its partners or affiliates, as determined by Tandem; (3) you fail to follow Tandem’s reasonable policies and procedures; or (4) you breach any term of this Agreement. Unless we terminate this Agreement immediately pursuant to the preceding events, we will provide a minimum of seven (7) calendar days of written notice to you or your Authorized Representative before discontinuing Services. If you have any questions regarding termination, please call us at 800-955-4497 or email us at billing@tandem.care. 

REIMBURSABLE EXPENSES.  

• Out of pocket: The Client should not request caregivers to make any out-of-pocket purchases. However, we understand that unexpected situations may arise where you may feel it is necessary to request a caregiver to incur an expense on your behalf. The caregiver will not be required to comply with your request, but if (in such caregiver’s sole discretion) the caregiver agrees to incur such expenses, we will include the out-of-pocket expense(s) in your subsequent weekly bill. To cover our banking, merchant, and administrative fees associated with these transactions, there will be an additional surcharge of 15% on the reimbursable amount. 

• Mileage: While our caregivers use their personal vehicles for commuting to and from your residence, these travel expenses are not billed to you. However, any mileage incurred by our caregivers using their own vehicle for tasks on behalf of the Client during their visit (such as transportation, running errands, etc.) will be charged. This mileage will be accurately recorded and verified. The rate for such service-related mileage is $1 per mile, and these charges will be reflected in your bill for the subsequent week after the week in which the mileage was incurred. 

AUTOMATIC RENEWAL. Your renewal of Services will occur automatically at the end of the applicable billing period. We will continue to bill you until this Agreement is terminated or discontinued. YOU ACKNOWLEDGE AND AGREE THAT INFORMATION REGARDING BILLING AND RENEWAL POLICIES HAS BEEN DISCLOSED TO YOU PRIOR TO YOU SIGNING THIS AGREEMENT. If you have any questions regarding automatic renewals, please call us at 800-955-4497 or email us at billing@tandem.care. 

COMPLAINTS AND CONCERNS. Tandem strives to provide the highest quality of care to our clients. If at any time you have a complaint or concern regarding the Services provided by Tandem or any of our caregivers, please contact us immediately at 800-955-4497 or by emailing care@tandem.care. We will take all complaints and concerns seriously and work to resolve them as quickly as possible. 

• Upon receipt of your complaint or concern, we will investigate the issue and provide you with a response within 2 business days.   

• We value your feedback and believe it is essential to improving the quality of our Services. All complaints and concerns will be documented and reviewed by our management team to ensure continuous quality improvement. 

MANDATED REPORTING ACKNOWLEDGEMENT. Tandem and its employees are mandated reporters under State and Federal laws. As such, we are legally required to report any known or suspected abuse, neglect, or exploitation of elders or dependent adults to the appropriate authorities. By signing your Service Agreement, you acknowledge and consent to our obligation to make such reports without further notice to the Client or your Authorized Representatives. 

PRIVATE/DIRECT HIRING. If you choose to hire a Tandem caregiver (defined as a Tandem employee or former employee who provided Services to you within the prior six months) directly and without the involvement of Tandem, before you have used Tandem’s Services for a period of 12 consecutive months, you agree to pay Tandem a fee equal to 30% of one year’s full time hours (2,080 hours) at the caregivers’ then hourly rate.  If you choose to employ a Tandem employee after you have used Tandem’s Services for 12 consecutive months, you agree to pay Tandem a fee of 15% of one year’s full time hours  After that, the fee will decrease as follows: after you use Tandem’s Services for 18 consecutive months, you agree to pay a fee of 12%, and after 24 consecutive months, you agree to pay a fee of 10%. 

EMERGENCY MEDICAL TREATMENT.  IF YOU HAVE A MEDICAL EMERGENCY, DIAL 911 IMMEDIATELY.  The Services offered by Tandem are not a replacement for emergency responders, your primary care physician, or medical specialists. If you cannot call 911 or your doctor yourself, you authorize Tandem to seek emergency medical treatment for you in the event of an emergency that may endanger your life, cause disfigurement, or cause significant discomfort if delayed.  If there is a valid signed Do Not Resuscitate “DNR” Order/Document/Form in the home at the time of the emergency, and you have made us aware of it, the DNR will be honored. 

UNANTICIPATED SERVICE INTERRUPTIONS. We will use reasonable efforts to provide you with uninterrupted Service.  Sometimes, however, interruptions are unavoidable due to last-minute caregiver callouts that we cannot staff, severe weather, natural disasters, pandemics, acts of god and or other circumstances beyond our control. For example, in extreme weather, we may determine it is unsafe for our caregivers to travel and provide Services to your home that day and may have to cancel that day’s Service. When this occurs, we will notify you and reschedule.   

SUPPLIES AND EQUIPMENT. You are responsible for supplying all personal care supplies (including Personal Protective Equipment “PPE” for yourself if required) and equipment that may be necessary for the provision of Services. Extra charges will apply if Tandem must provide personal care supplies and/or equipment for the Client’s use. Tandem will provide any PPE needed for our caregivers to work. 

INSURANCE, INDEMNIFICATION & LIMITATIONS ON LIABILITY.  

• Adequate Insurance Coverage. You agree to maintain a standard homeowner’s insurance policy or tenant’s liability policy on your residence to cover any injuries or incidents that may occur on your property. Tandem’s workers’ compensation policy covers injuries directly related to the provision of care but does not extend to injuries caused by pets, transportation, or environmental hazards within the Client’s home. Additionally, if you request a Tandem caregiver to transport you using your personal vehicle, you agree to carry adequate automobile liability insurance that covers the caregiver’s use of the vehicle.  

• Indemnification. You shall defend, indemnify and hold Tandem, its officers, employees, affiliates and agents from any and all claims, demands, suits, actions, judgements, costs, losses, liabilities, liens, and expenses (including attorney’s fees, costs and expenses) (“Claims”) relating to, arising out of, or in connection with: (i) any pet-related incidents that occur at your residence during the course of the performance of the Services, including but not limited to bites and scratches, or (ii) Tandem’s and any Tandem caregiver’s performance of the Services or any part thereof; provided that any such Claims are caused in whole or in part by the actual or alleged breach of the Agreement or negligence or willful misconduct of Tandem or a Tandem caregiver or of anyone else for whose acts Tandem or the Tandem caregiver may be liable.  

• LIMITATIONS OF LIABILITY: TANDEM SHALL NOT BE LIABLE FOR (I) INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, HOWEVER ARISING, EVEN IF TANDEM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY COSTS, EXPENSES OR DAMAGES THAT ARISE OUT OF OPERATION OF YOUR VEHICLE. THE MAXIMUM AGGREGATE LIABILITY OF TANDEM UNDER THIS AGREEMENT SHALL BE CAPPED AT THE AMOUNT OF SERVICE FEES ACTUALLY PAID BY THE CLIENT TO TANDEM UNDER THIS AGREEMENT, EXCEPT FOR (I) CLAIMS BASED ON TANDEM’S FRAUD, GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.  

CHANGE OF TERMS. Subject to the limitations of applicable law, we may, at any time, change or remove any of the terms and conditions of, or add new terms or conditions to, this Agreement. If required by applicable law, we will provide written notice of such a change to you in the manner required by such law.  

ARBITRATION.  

• Any controversy, dispute, or claim arising out of, in connection with, or in relation to the interpretation, performance, or breach of this Agreement (a “Dispute”) shall be resolved exclusively by final and binding arbitration to be held with JAMS in Los Angeles County, California, in accordance with its Arbitration Rules and Procedures in effect at such time (the “Rules”), before a single neutral arbitrator chosen jointly by Tandem and you. If the parties are unable to agree within thirty (30) days after the demand for arbitration is filed and served, a single neutral arbitrator shall be chosen in accordance with the Rules. Judgment upon any award rendered by the arbitrator may be entered by any state or federal court having jurisdiction thereof. The arbitrator shall follow California law and the Federal Rules of Evidence in adjudicating the Dispute.  The arbitrator shall have no power to issue any award that is contrary to or inconsistent with any applicable statute, case law or constitutional law, nor shall they have any power to modify, change or excuse performance of any material term of this Agreement. In any arbitration arising out of or related to this Agreement, the arbitrator may not award any incidental, indirect or consequential damages.   

• Responsible Party agrees that any arbitration will be conducted solely on an individual basis. In no event may any such arbitration be brought on behalf of a class or in any other consolidated or representative action. Notwithstanding any provision in this Section to the contrary, if the waiver in the prior sentence is deemed invalid or unenforceable and an action is initiated as a class or any other consolidated or representative action, neither Tandem nor you will be entitled to arbitration. 

• If the parties are not entitled to arbitration in accordance with Section 20(b), each of the parties irrevocably and unconditionally submits to the exclusive jurisdiction of the state and federal courts located in Los Angeles County, California, as well as to the jurisdiction of all courts from which an appeal may be taken therefrom, for any suit, action, or other proceeding arising out of or with respect to this Agreement and each of the parties hereby irrevocably consents to service of process in any such action or proceeding by certified or registered mail at the address for such party set forth herein. Any and all objections that any party may have regarding venue in any such court is hereby waived. Each of the parties hereto also agrees that any final and unappealable judgment resulting from any such suit, action, or other proceeding shall be conclusive and binding on the parties hereto and that such award or judgment may be enforced in any court of competent jurisdiction, either within or outside the United States. EACH OF THE PARTIES TO THIS AGREEMENT HEREBY IRREVOCABLY WAIVES ALL RIGHT TO A TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT. 

ATTORNEY FEES. Should any dispute arise out of or in connection with this Agreement, including, but not limited to, a dispute regarding the enforcement of any of the terms hereof, the prevailing party in such dispute (as determined by the arbitrator or a court of competent jurisdiction, as applicable) shall be entitled to an award of its reasonable attorneys’ fees and other costs incurred in connection with such dispute, in addition to any other relief. 

GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of California applicable to contracts entered into and fully performed therein. 

CLIENT RIGHTS AND RESPONSIBILITIES, PRIVACY POLICY AND TERMS OF USE. This Agreement incorporates by reference Tandem’s Client Rights and Responsibilities statement, available at https://www.tandem.care/statement-of-rights, and Tandem’s Privacy Policy, available at https://www.tandem.care/privacy-policy, and the Tandem’s Terms of Use, available at https://www.tandem.care/terms-of-use.   

SAFE ENVIRONMENT.  THE RESPONSIBLE PARTY ACKNOWLEDGES THAT IT IS THE CLIENT’S OBLIGATION TO MAINTAIN A SAFE ENVIRONMENT FOR THE PROVISION OF THE SERVICES AT ALL TIMES. For the safety and well-being of both the Client and our caregivers, the Responsible Party agrees to maintain a safe environment in the Client's home. Tandem reserves the right to suspend or terminate services if the home environment is determined to pose a risk to the health or safety of our caregivers. An "Unsafe Environment" includes, but is not limited to: 

• Hoarding: Excessive accumulation of materials that obstructs safe movement or impairs the caregiver's ability to perform duties. 

• Unsanitary Conditions: The presence of excessive filth, garbage, vermin infestations, or human or animal waste. 

• Physical Hazards: Unsafe conditions such as exposed wiring, damaged flooring, unstable steps, or aggressive pets that could result in injury. 

• Behavioral Risks: Threatening or aggressive behavior by the Client or others in the home, including verbal or physical violence, sexual harassment, or other forms of hostility. 

• No Refund if Deemed Unsafe: If Tandem identifies an Unsafe Environment, we will notify the Responsible Party and provide a timeline for resolution. Failure to resolve the unsafe conditions within the specified timeline may result in the suspension or termination of services. No refunds will be provided if Tandem’s caregivers are unable to deliver the Services due to an Unsafe Environment.  

CONSENT TO PHOTOGRAPHY.  

• CONSENT. The Responsible Party hereby grants Tandem (including its caregivers) permission to take photographs of the Client or the Client’s living environment as necessary for the provision and coordination of the Services. Photographs may be used to document the Client's condition, the care provided, or the safety and cleanliness of the Client's environment.  

• USE. These photos will be shared only with the relevant members of the care team, including supervisors and other caregivers, to ensure the highest level of care and service. All photographs taken will be treated as confidential and will be used solely for internal purposes, in accordance with Tandem’s Privacy Policy. They will not be shared with third parties without the explicit consent of the Responsible Party, unless required by law or for mandated reporting purposes. 

CONTACT INFORMATION 

• Tandem Care, Inc. 

• 1738 Berkeley Street Suite 21, Santa Monica, CA 90404  

• (800) 955-4497 

• compliance@tandem.care 

  DISCLAIMER OF REPRESENTATIONS, WARRANTIES AND COVENANTS. Except for the representations, warranties and covenants expressly made in this Agreement, Tandem has not made and does not hereby make any express or implied representations, warranties or covenants, statutory or otherwise, of any nature, including with respect to the warranties of merchantability, quality, quantity, suitability or fitness for a particular purpose or the results obtained by the Services.  All other representations, warranties, and covenants, express or implied, statutory, common law or otherwise, of any nature, including with respect to the warranties of merchantability, quality, quantity, suitability or fitness for a particular purpose or the results obtained by the Services are hereby disclaimed by Tandem.