golden-care-concierge-agreement-v4

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					PLEASE READ THIS AGREEMENT CAREFULLY. BY CLICKING ON THE “ACCEPT” BUTTON YOU (EITHER AS AN
INDIVIDUAL OR AN AUTHORIZED REPRESENTATIVE) AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE
ANY WRITTEN CONTRACT SIGNED BY YOU. IF YOU DO NOT AGREE, DO NOT CLICK ON THE BUTTON THAT
INDICATES THAT YOU ACCEPT THE TERMS OF THIS AGREEMENT.

                                         GOLDEN CARE CONCIERGE, INC. SERVICE AGREEMENT

          THIS AGREEMENT made this day by and between GOLDEN CARE CONCIERGE, INC., a Florida corporation, with an address at
532 NE 17th Way, Fort Lauderdale, FL 33301-1352, hereinafter referred to as “Concierge”, and yourself as named at the address indicated in the
form(s) previously completed, hereinafter referred to as “Client.”
          Concierge is in the business of providing quality of life services, specifically designed to assist clients in both easing their daily living
and enhancing their quality of life, by identifying and recommending quality non-medical service providers; and Client is desirous of contracting
for Concierge’s services.
          In consideration of the fees to be paid by Client to Concierge, and in further consideration of the promises and agreements herein
contained, the parties agree as follows:
          1.        The services to be performed by Concierge are as follows:
                    A.         Identification and recommendation of quality service providers, hereinafter referred to as “Service Providers” to
                               meet the non-medical needs of seniors and/or their families.
                    B.         Subsequent follow-up with the Service Providers and reporting back to Client to facilitate Client satisfaction.
                    C.         Where possible, to pass on to Client any discounts offered by Service Providers.
          2.        Because of the unique services being provided by Concierge, Client has selected one of four options for compensating
Concierge for said services by clicking on the block next to Client’s choice on the previous form.
          3.        Payment by Client for Concierge services shall be via MasterCard, Visa or American Express credit card in advance of
service(s) to be rendered. Client is solely responsible for paying each Service Provider directly. Client hereby authorizes Concierge to charge
Client’s credit card account with the initial subscription and subsequent renewals, subject to termination of this Agreement as described in
paragraph 4.
          4.        This Agreement shall become effective upon receipt of payment for service request or for subscription fees by Client, and shall
continue until terminated as provided in this Agreement. If Client selects Option A, this Agreement shall continue until Concierge has performed
the service requested. If Client selects any other option, this Agreement may be terminated by either party hereto at any time upon thirty (30)
days’ written notice to the other party. Each party reserves the right to terminate this Agreement for any reason whatsoever. In the event of
termination by either party, Client shall be entitled to a refund of the unused portion of the subscription.
          5.        Concierge agrees to be conscientious, competent, and diligent in its identification and recommendation of Service Providers.
Concierge’s Service Providers are identified and recommended based on their reputation, and are expected to provide quality service. However,
Concierge is not, and cannot be, liable or responsible for any unsatisfactory services provided by any Service Provider recommended by Concierge.
Although Concierge will seek to identify and recommend Service Providers to fulfill Client’s requests to the best of Concierge’s ability, it cannot
guarantee results to all requests. CONCIERGE MAKES NO WARRANTY OR GUARANTEE, EXPLICIT OR IMPLIED, THAT ANY
RECOMMENDED BUSINESS, PROFESSIONAL, AGENCY, OR INDIVIDUAL WILL SATISFACTORILY PERFORM OR PROVIDE ITS
CONTRACTED SERVICES. Although Concierge may identify and/or recommend a particular Service Provider to Client, it is Client’s sole
responsibility to determine if that business or professional is satisfactory for Client’s needs or purposes.
          6.        THE LIABILITY OF CONCIERGE, IF ANY, AS A RESULT OF THIS CONTRACT WHETHER IN CONTRACT,
TORT OR OTHERWISE, SHALL NOT EXCEED THE TOTAL CHARGES PAID BY CLIENT TO CONCIERGE DURING THE PERIOD
OF ONE (1) YEAR FROM THE DATE OF THIS CONTRACT. CONCIERGE WILL NOT BE LIABLE FOR DAMAGES WHICH ARE
INCIDENTAL OR CONSEQUENTIAL DAMAGES EVEN IF CONCIERGE HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH
DAMAGES. ALL CLAIMS OF ANY TYPE BY CLIENT AGAINST CONCIERGE MUST BE BROUGHT WITHIN ONE (1) YEAR OF
OCCURRENCE OR BE FOREVER BARRED. THE REMEDIES EXPRESSED IN THIS CONTRACT ARE THE SOLE AND
EXCLUSIVE REMEDIES AVAILABLE.
          7.        Any controversy or claim arising out of, or relating to, this Agreement, or the breach thereof, will initially be mediated by a
mediator mutually agreed upon by the parties. In the event that the parties cannot mutually agree upon a mediator, or if the mediation is
unsuccessful, the controversy or claim shall then be submitted to binding arbitration in accordance with the Rules of the American Arbitration
Association, and judgment upon the award of the Arbitrator may be entered in any Court having jurisdiction thereof. The fees of the mediator
and/or the arbitrator shall be equally paid by the parties hereto.
          8.        Both Concierge and Client agree that the relationship created by this Agreement is that of Independent Contractor, and not
that of employee and employer, and shall not be construed otherwise.
          9.        All notices necessary or desired to be given hereunder shall be in writing and delivered in person or sent by certified mail or
overnight delivery, return receipt requested. All notices to Client shall be sent to the name and address submitted on the previous form.
          10.       If either party brings an arbitration proceeding or a lawsuit in order to enforce or interpret the provisions of this Agreement,
the prevailing party shall be entitled to reasonable attorney’s fees in addition to any other relief to which that party may be entitled.
          11.       If by reason of: act of God; inevitable accident; fire; lockout, strike or other labor dispute; riot or civil commotion; act of public
enemy, enactment, rule, order or act of government or governmental instrumentality (whether federal, state, or local); there shall be a failure, in
whole or in part, by Concierge to perform under the terms of this Agreement, it shall not constitute a breach of this Agreement by Concierge,
except to the extent of refunding any advance payments made by Client of the service or costs not provided.
          12.       The interpretation, construction and enforcement of this Agreement shall be in accordance with the Laws of the State of
Florida.
          13.       Any changes or amendments to this Agreement must be made in writing and signed by the parties hereto.
          14.       This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors,
administrators, successors and permitted assigns.
          15.       This instrument embodies the entire agreement between the parties hereto with respect to the transactions contemplated
herein, and there have been no agreements, representations or warranties between the parties other than those set forth or provided for herein.
          16.       The credit card information provided to Concierge is true and correct. Client has the right, power and authority to pay for
services by such credit card. There is sufficient credit available in the credit cared account to pay for services. Client is eighteen years of age or
older.
          17.       By joining Concierge electronically without a manual signature, Client acknowledges that he or she has read and understood
this Agreement and agrees to be legally bound by its terms and conditions.

				
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