Guardian Senior Services

 

PLEASE READ CAREFULLY BEFORE SIGNING. This is a legally binding agreement. Each section below is summarized in plain language, followed by the complete legal text. If anything is unclear, please ask us - or speak with your own attorney - before you sign.

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SECTION 1 & 2 - WE PROVIDE NON-MEDICAL CARE ONLY
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Guardian Senior Services provides companionship, light housekeeping, meal preparation, errands, medication reminders, bathing and grooming assistance, and fall-risk supervision. Our caregivers are not nurses or licensed medical professionals and are prohibited from giving medications, wound care, clinical assessments, therapy, or operating medical equipment. Our care supplements - it does not replace - your loved one's doctors.

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1.2 Nature of Services. Guardian Senior Services provides exclusively non-medical, supplemental home care services designed to support the daily living activities, safety, companionship, and general well-being of senior clients. The services are supplemental in nature and are intended to assist - not replace - the professional medical, therapeutic, or clinical care that may be required by the Care Recipient.

1.3 Supplemental Role Acknowledged. The Client expressly acknowledges and agrees that the services rendered are not a substitute for professional medical care, nursing services, therapeutic intervention, or any other licensed healthcare service. Guardian Senior Services operates solely within the capacity of a non-medical home care provider and shall not be construed as a healthcare provider, home health agency, or medical services organization under Missouri law or any applicable federal statute.

2.2 Express Exclusion of Medical Services. The Client understands, acknowledges, and agrees that Guardian Senior Services does not, under any circumstances, provide medical, nursing, therapeutic, diagnostic, psychiatric, or clinical services of any kind. This exclusion is absolute and unconditional.

2.3 Prohibited Caregiver Activities. Caregivers are expressly prohibited from, regardless of Client request: administering, dispensing, injecting or otherwise providing prescription or over-the-counter medications beyond verbal reminders; performing wound care, dressing changes, catheter care, ostomy care or any clinical procedure; conducting clinical assessments, diagnostic vital-sign monitoring or medical evaluation; making medical decisions or recommendations; operating, adjusting or troubleshooting medical equipment including ventilators, oxygen concentrators, infusion pumps or dialysis equipment; providing physical, occupational or speech therapy; and interpreting, altering or advising on physician orders, prescriptions or clinical care plans.

2.4 Obligation to Maintain Healthcare Relationships. The Care Recipient must maintain an active, ongoing relationship with licensed healthcare providers for all medical needs. Guardian Senior Services strongly encourages that a current, physician-approved care plan be on file and made available to Guardian Senior Services for informational purposes only.

2.5 No Liability for Medical Deterioration. Guardian Senior Services assumes no responsibility and shall bear no liability for the deterioration, decline, progression or worsening of the Care Recipient's medical condition, chronic illness, disability or any other health-related matter. The presence of a caregiver does not ensure, guarantee or imply the maintenance or improvement of health status.

[ ] I understand Guardian provides non-medical care only.

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SECTION 3 - WHAT HAPPENS IN AN EMERGENCY
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Caregivers are trained to recognize distress, but they are not EMTs, paramedics, or nurses. In an emergency they will call 911 immediately, notify your emergency contact, stay with your loved one, and give first aid or CPR only if personally certified. We cannot guarantee a response time or a particular outcome, and we are not liable for the results of a medical emergency.

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3.1 Caregiver Emergency Training. Caregivers receive basic training to help recognize signs of distress, discomfort or potential medical crisis. However, caregivers are not first responders, emergency medical technicians, paramedics, nurses or trained medical personnel. Their training is supplemental and orientation-based.

3.2 No Guarantee of Response Times. Guardian Senior Services does not guarantee, warrant or represent that any caregiver will respond to a medical emergency within any specific timeframe. Response times may be affected by caregiver location within the home, physical limitations of the caregiver, communication delays and the nature of the emergency.

3.3 Emergency Protocol. Caregivers are required to: (1) immediately contact 911 and provide location, known medical history and description of the emergency; (2) notify the designated emergency contact as soon as practicable; (3) remain with the Care Recipient in a calm, supportive capacity until emergency services arrive, unless caregiver safety is at risk; (4) provide basic first aid only to the extent certified, including CPR only if holding a current valid certification; (5) cooperate fully with arriving emergency personnel.

3.4 Limitation of First-Aid Actions. Any first-aid actions are strictly limited by the caregiver's individual training and certification. Guardian Senior Services does not guarantee that all caregivers hold CPR certification or advanced first-aid credentials, though the Company makes reasonable efforts to employ caregivers with basic first-aid training. Outcomes in medical emergencies depend primarily on the prompt and competent response of professional emergency services, over which Guardian Senior Services has no control.

3.5 No Liability for Emergency Outcomes. Guardian Senior Services, its owners, officers, directors, employees, contractors and agents shall bear no liability for any injury, health outcome, medical complication, disability or death resulting from a medical emergency occurring during, adjacent to or in connection with scheduled service hours - regardless of whether a caregiver was present, whether the emergency protocol was followed, and whether a more favorable outcome might have been achieved under different circumstances.

3.6 Strongly Encouraged Safety Measures. We strongly encourage a monitored medical-alert device; a current emergency care plan on file including advance directives, DNR orders if applicable and a medication list; accurate and reachable emergency contact information; and regular emergency-preparedness discussions with the primary care physician.

[ ] I understand the emergency response limits.

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SECTION 4 - RISKS YOU ARE ACCEPTING
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In-home care reduces risk but cannot eliminate it. You knowingly accept the risk of:

  - Falls - the most common serious risk for seniors at home
  - Accidents and injuries - burns, cuts, bruises, despite reasonable care
  - Medical events - heart attack, stroke, seizure, respiratory episodes
  - Wandering - for recipients with dementia or cognitive impairment

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4.1 Voluntary Assumption of All Risks. The Client, on behalf of themselves and/or the Care Recipient, voluntarily and knowingly assumes all risks associated with the receipt of non-medical in-home care services. The decision to engage Guardian Senior Services is made freely and without coercion, and this assumption of risk is a material term upon which Guardian Senior Services relies in agreeing to provide services.

4.2 Inherent Risks of In-Home Care. Risk of Falls: falls are among the most common and serious risks for seniors in home settings; a caregiver's presence reduces but does not eliminate this risk, and the Client assumes all risk of injury from falls. Risk of Accidents and Injuries: burns, cuts, bruises and other injuries may occur despite reasonable precautions. Risk of Medical and Health Events: heart attacks, strokes, seizures, respiratory events and other acute episodes may occur; caregivers are not equipped to prevent, treat or mitigate them beyond contacting emergency services. Risk of Wandering or Elopement: recipients with dementia, Alzheimer's or related cognitive impairment may attempt to wander or leave the home; caregivers are trained to monitor and respond but prevention cannot be guaranteed.

4.3 Inherent Limitations of Companion Care. Seniors with cognitive impairments, physical disabilities, chronic illnesses or complex medical needs face inherent risks that are an inevitable feature of their health circumstances and cannot be eliminated, mitigated to zero or resolved through non-medical companion care. Guardian Senior Services is not capable of, and does not represent itself as capable of, providing a risk-free care environment or ensuring physical safety or health under all circumstances.

4.4 Informed Decision. The Client confirms the decision to engage Guardian Senior Services was made with full knowledge of these risks, that such risks have been disclosed and explained, and that the Client has had a reasonable opportunity to ask questions and seek clarification prior to signing.

[ ] I voluntarily assume these risks.

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SECTION 5 - SIGNIFICANT LEGAL RIGHTS AFFECTED - RELEASE OF CLAIMS AND INDEMNIFICATION
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You release Guardian Senior Services and its owners, employees and contractors from claims arising out of our non-medical services - including personal injury, property damage, ordinary negligence, a caregiver's failure to prevent a fall or health event, wrongful death, and negligent hiring or supervision. You also agree to indemnify us against third-party claims arising from your or the care recipient's conduct, health condition, or any material information you withheld.

This release does not cover gross negligence, willful misconduct, or intentional acts. You may wish to consult an attorney before agreeing.

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5.1 General Release. In consideration of the services provided and other good and valuable consideration, the Client, on behalf of themselves, the Care Recipient, and their respective heirs, executors, administrators, legal representatives, successors and assigns ("Releasing Parties"), fully, finally and irrevocably releases, acquits and forever discharges Guardian Senior Services and its owners, principals, officers, directors, employees, independent contractors, subcontractors, agents, affiliates and successors ("Released Parties") from any and all claims, demands, actions, causes of action, suits, proceedings, damages, losses, costs, expenses (including attorneys' fees), liabilities and obligations of any kind, whether known or unknown, fixed or contingent, arising out of or related to the provision of non-medical home care services under this Agreement.

5.2 Specific Release of Claims. Without limiting the foregoing, the release specifically encompasses claims relating to: personal injury, bodily harm, physical pain and suffering, or emotional distress sustained by the Care Recipient or any third party; property damage or loss at the residence or any location where services are rendered; the acts, omissions, negligence or errors of caregivers or other personnel; the failure or perceived failure of a caregiver to prevent a fall, accident, health event or other adverse occurrence; wrongful death claims arising from the death of the Care Recipient during or following services; claims of negligent hiring, training, supervision or retention of caregivers; and any other claim arising from or related to the services provided under this Agreement.

5.3 Indemnification. The Client agrees to indemnify, defend and hold harmless the Released Parties from and against any and all third-party claims, demands, actions, causes of action, damages, losses, costs and expenses (including reasonable attorneys' fees and court costs) arising out of or related to: (a) the Client's or Care Recipient's actions, conduct or omissions during the provision of services; (b) the Care Recipient's health condition, behavior or medical needs; (c) any misrepresentation or omission of material information by the Client; or (d) any breach of this Agreement by the Client or Care Recipient.

5.4 Scope of Release. This release applies to all claims, including those arising from the ordinary negligence of the Released Parties. This release does not apply to claims arising from gross negligence, willful misconduct or intentional acts on the part of Guardian Senior Services or its personnel.

[ ] I have read and agree to the release of liability and indemnification.

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SECTION 6 - LIMIT ON OUR FINANCIAL LIABILITY
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Where liability cannot be fully excluded by law, our total liability for any claim is capped at the service fees you actually paid in the 30 days before the incident. We are not liable for indirect, special, incidental, consequential or punitive damages, including loss of companionship or future medical expenses.

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6.1 Cap on Liability. Notwithstanding any other provision, and to the maximum extent permitted by applicable law, in any circumstance where the liability of Guardian Senior Services cannot be fully excluded by this Waiver or by operation of law, the total aggregate liability of Guardian Senior Services to the Client or Care Recipient for any claim, cause of action, or series of related claims arising out of or in connection with this Agreement or the services provided hereunder shall be strictly limited to the total amount of service fees actually paid by the Client to Guardian Senior Services during the thirty (30) calendar day period immediately preceding the date of the incident giving rise to the claim.

6.2 Exclusion of Consequential Damages. To the maximum extent permitted by applicable law, Guardian Senior Services shall not be liable to the Client, the Care Recipient or any third party for any indirect, special, incidental, consequential, punitive or exemplary damages of any kind, including loss of companionship, loss of consortium, loss of enjoyment of life, future medical expenses or anticipated future losses, even if advised of the possibility of such damages.

6.3 Severability of Limitation. The Client acknowledges that this limitation is a fundamental term of this Agreement and that Guardian Senior Services would not provide services in its absence. If any portion of this Section is deemed unenforceable, the remaining portions shall be enforced to the maximum extent permitted.

[ ] I understand and accept the limitation of liability.

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SECTION 7 - OUR CAREGIVER CONDUCT STANDARDS
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Every caregiver is bound to treat your loved one with unconditional dignity and respect, protect their privacy, follow the individual service plan, and communicate professionally. They must promptly report any change in condition. They are strictly forbidden from accepting gifts of value, borrowing money, being named in a will, buying property from the care recipient, or handling money outside documented errand duties.

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7.1 Professional Conduct Standards. Dignity and Respect: caregivers must treat the Care Recipient with unconditional dignity, compassion and respect at all times, regardless of cognitive or physical condition, communication ability or behavior. Privacy Protection: caregivers shall respect and preserve personal privacy, including privacy of health information, personal communications and the home environment, in accordance with applicable law and internal privacy policies. Service Plan Adherence: caregivers must follow the individualized service plan and shall not deviate without prior supervisor authorization. Professional Communication: caregivers shall maintain clear, respectful and professional communication with the Care Recipient, the Client and management at all times.

7.2 Obligation to Report Changes in Condition. Caregivers are required and trained to promptly report observed or suspected changes in the Care Recipient's physical or cognitive condition to their direct supervisor and, as appropriate, to the designated emergency contact. Such reports are observational in nature and do not constitute a medical assessment or diagnosis.

7.3 Prohibition on Financial Transactions. Caregivers are strictly prohibited from any financial transaction with the Care Recipient beyond the formal scope of employment duties, including: accepting gifts of monetary value, borrowing money, being named as a beneficiary in a will or other financial document, purchasing property from the Care Recipient, or facilitating financial transactions outside the specific documented scope of authorized errand services. Any suspected violation should be reported immediately to Guardian Senior Services management.

[ ] I acknowledge the caregiver conduct standards.

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SECTION 8 - HOME SAFETY DISCLOSURE
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You confirm the home is reasonably safe for our caregivers and that you have not withheld information about hazards. You agree to tell us about aggressive behavior or animals, oxygen tanks or other high-risk equipment, infectious-disease precautions, any history of violence or substance abuse in the household, and structural hazards. We may suspend service if a home becomes unsafe for our staff.

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8.1 Home Environment Disclosure. The Client confirms and represents that, to the best of their knowledge, the home environment has been disclosed to Guardian Senior Services and is reasonably safe for caregiver access and presence, and that they have not withheld information about conditions posing a safety risk to caregivers, including structural hazards, dangerous animals, biohazardous conditions or environmental risks such as severe mold, gas leaks or pest infestations.

8.2 Client Obligation to Disclose Hazards. The Client agrees to promptly inform Guardian Senior Services, before services commence and on an ongoing basis, of any known or reasonably foreseeable hazards, risks or special circumstances, specifically including: known or suspected aggressive, combative or unpredictable behavior by the Care Recipient, household members or animals; the presence of complex or high-risk medical equipment such as oxygen tanks, electrical medical devices or sharps containers; any infectious disease diagnosis or isolation precautions in effect; any history of violence, substance abuse or volatile behavior involving individuals who may be present during service hours; and structural or physical hazards such as unstable flooring, inadequate lighting or trip hazards.

8.3 Right to Suspend or Terminate Services. Guardian Senior Services reserves the right, at its sole and reasonable discretion, to suspend or terminate services immediately and without penalty if the home environment is deemed to present an unreasonable risk to the safety, health or well-being of its caregivers or other personnel. Reasonable efforts will be made to provide advance notice where circumstances permit. The Client's failure to disclose known hazards shall constitute a material breach of this Agreement.

8.4 Cooperation with Caregiver Safety Needs. The Client agrees to cooperate with reasonable requests related to home safety, including securing animals, removing trip hazards, and ensuring adequate lighting and ventilation where services are rendered.

[ ] I have disclosed all known home hazards truthfully.

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SECTION 9 - MISSOURI LAW & MEDIATION FIRST
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This agreement is governed by Missouri law. Before any lawsuit, both sides agree to try non-binding mediation in Missouri, splitting the mediator's cost. If mediation doesn't resolve things within 60 days, either side may go to court. If any part of this agreement is unenforceable, the rest still stands.

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9.1 Governing Law. This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of Missouri, without regard to its conflict of laws principles. Any dispute, claim or controversy arising out of or relating to this Agreement or the services provided shall be subject to the jurisdiction of the courts of the State of Missouri.

9.2 Mandatory Mediation. Prior to initiating any lawsuit, arbitration or other formal legal proceeding, the parties agree to attempt in good faith to resolve any dispute through non-binding mediation. The party seeking resolution shall provide written notice describing the dispute in reasonable detail. Within thirty (30) calendar days of receipt, the parties shall mutually agree upon a qualified, neutral mediator and schedule a session at a mutually convenient time and location within the State of Missouri.

9.3 Cost of Mediation. The costs of mediation, including mediator fees, shall be shared equally unless the parties mutually agree otherwise. Each party bears their own attorneys' fees and costs.

9.4 Litigation as Last Resort. If mediation does not result in a mutually acceptable resolution within sixty (60) calendar days of initiation (or such extended period as mutually agreed in writing), either party may pursue legal remedies in a court of competent jurisdiction in the State of Missouri. Compliance with the mediation requirement is a condition precedent to filing any lawsuit related to this Agreement.

9.5 Severability. If any provision is found invalid, unlawful, void or unenforceable, that provision shall be deemed modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible. The remaining provisions continue in full force and effect.

9.6 Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the matters set forth herein and supersedes all prior negotiations, representations, warranties and understandings, whether oral or written. It may not be modified, amended or waived except by a written instrument signed by both parties.

9.7 Waiver of Waiver. The failure of Guardian Senior Services to enforce any provision shall not constitute a waiver of its right to enforce that or any other provision in the future.

[ ] I agree to Missouri law and to mediate before litigating.

Your signature below has the same legal effect as signing on paper.

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ACKNOWLEDGMENT OF FULL UNDERSTANDING
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I confirm that I have read this Liability Waiver and Assumption of Risk Agreement in its entirety, that I understand all of its terms and conditions, that I have had the opportunity to ask questions and seek legal advice prior to signing, and that I am signing this Agreement voluntarily and of my own free will.

[ ] I have read and understand the entire agreement, and I am signing voluntarily.

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CONSENT TO SIGN ELECTRONICALLY
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Under the federal E-SIGN Act and the Missouri Uniform Electronic Transactions Act, I agree that my typed name and drawn signature below constitute my legal signature, and I consent to receive and sign this agreement electronically.

[ ] I consent to sign electronically.

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Guardian Senior Services - Non-Medical Home Care & Senior Services
15520 Highcroft Drive, St. Louis, MO 63017 - (314) 662-2901
Jason@GuardianSeniorService.com

Retain a signed copy for your records. This document does not constitute legal advice. Parties are encouraged to seek independent legal counsel regarding their rights and obligations under this Agreement.