A CareReach, Inc.
Client Service AGreement
Please review this Client Services Agreement (“Agreement”) carefully, as it sets forth the understanding, terms of service, and respective responsibilities and duties between you (“Client”) and A CareReach, Inc. (“CareReach”), a Delaware corporation with offices located at 8880 Rio San Diego Drive, STE 800, San Diego, CA 92108, (each a “Party” and together the “Parties”) regarding the Services you have requested and CareReach is agreeing to provide. If you and/or your Authorized Client Representative (“Client Representative” or “Representative”) have any questions or concerns about the content or meaning of this Agreement, please contact CareReach for clarification before signing.
1. Client Representative
In the case that the Client has a Representative, the Representative agrees to be bound by all terms of this Agreement that apply to and bind Client, including, but not limited to, payment for Services rendered to Client, in accordance with the enclosed Rate/Fee Schedule, plus applicable overtime, holiday premiums, and additional billable fees, if any. The terms “Client”, “Client Representative”, and “Representative” may be used interchangeably in this Agreement and are intended to imply the responsibility, term, or condition applies to Client and Client Representative, except where the reference can only be to the individual receiving care, such as, but not limited to, “no HCA has any responsibility to diagnose or medically treat Client’s illnesses”. Any Representative signing this Agreement on behalf of Client represents, warrants, and confirms that they have the legal authority, right, and power to represent Client herein.
2. Consent for Services
By signing this Agreement, Client consents to receive in-home, non-medical services as described in the California Department of Social Services (CDSS) Fact Sheet (included in the Client Service Binder). This consent also includes authorization for CareReach personnel to operate the Client’s personal vehicle, if applicable, for purposes related to providing such services.
3. Services Requested
CareReach shall provide the services requested and agreed upon as set out in the individualized Care Plan (the “Services”). The Care Plan is accessible at any time through the Client Portal, available at: https://ACareReach.com. The preferred day, time, and duration of Services shall be mutually agreed upon by Client and/or Representative and CareReach.
3.1 Type of Care Provided
CareReach shall make reasonable efforts, according to applicable law, to provide non-medical, personal attendant companionship services to Client. In California, a "DSS HCA" refers to a Registered Home Care Aide (HCA), regulated by the California Department of Social Services (DSS) under the Home Care Services Consumer Protection Act (AB 1217), who provides non-medical assistance to individuals in their homes
3.2 Use of Time During Shifts
In accordance with regulatory guidelines, HCAs must spend a minimum of 80% of each shift providing direct personal care (e.g., supervision, feeding, dressing), with no more than 20% of their time on light housekeeping tasks.
3.3 Medical Limitations
HCAs do not provide medical care, diagnose conditions, or measure medication dosages. They may only assist with medications that have been pre-dispensed and pre-measured by the Client or a licensed provider. Even if an HCA holds a nursing or healthcare license (e.g., RN, CNA, CHHA), they are employed by CareReach strictly in a non-medical role and may not perform skilled medical tasks under this agreement.
3.4 Boundaries During Non-Working Hours
HCA should not remain at Client’s residence or other work site during non-working hours. However, if HCA remains at Client’s residence or other work site during non-working hours, Client understands and agrees that: a) remaining on the premises is strictly voluntary and of the HCA’s own volition; b) the HCA is not working or on call during this time; c) the HCA is relieved of all duties and not required to remain on the premises or respond to Client during non-working hours; and d) the HCA can leave the premises at any time and for any duration during these non-working hours. Client must not request Services from the HCA during the HCA’s non-working hours and must pay CareReach at Client’s hourly rate, plus applicable overtime and holiday premiums, for any work that the HCA performs for Client during non-scheduled working hours.
3.5 Client Responsibility and Legal Compliance
Client will immediately notify CareReach if an HCA does not perform their job duties and obligations consistent with all the provisions of this Section 3 and this Agreement. Client agrees to assume financial responsibility for any additional wages, overtime, interest, penalties, damages, attorneys’ fees, and costs that may result from Client directing an HCA to perform their job duties inconsistently with the provisions of this Agreement or Client not fulfilling all their obligations under this Agreement. If Client does not promptly notify CareReach otherwise, the Parties agree that all Services described in this Section 3 were performed as described during every shift an HCA worked for Client. CareReach cannot make any work-related decisions, including, but not limited to, staffing of HCAs, based on any legally protected characteristics (except for gender in cases involving Client’s bathing, dressing, or personal care as allowed by law) or in an unlawful manner. To the maximum extent allowed by law, CareReach will not accept any Client requests for or prohibitions of HCA based on any legally protected characteristics, including, but not limited to, race, ethnicity, national origin, or age.
3.6 Safe Working Environment
Client must provide a safe working environment for CareReach’s employees and comply with all applicable laws, regulations, CareReach policies, and this Agreement during CareReach’s Services for Client.
4. Rates, Fees, and Deposits
CareReach will provide the Services at the rates set out in the current Rate/Fee Schedule as defined in this Agreement.
4.1 Service Charges and Premiums
Client or Client Representative agrees to pay CareReach for all Services rendered in accordance with the current Rate/Fee Schedule. This includes any applicable overtime and holiday premium rates, as defined by law or company policy.
4.2 Rate Changes and Cost Evaluations
All rates are subject to change. CareReach may periodically assess the Client’s evolving care needs. This may result in updates to:
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The Client’s Care Plan
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The scope of Services
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The Rate/Fee Schedule
Additionally, CareReach may adjust rates annually in response to market conditions, inflation, or cost-of-living increases. Client will receive written notice at least 7 days in advance of any changes to the Rate/Fee Schedule.
4.3 Schedule Change Protocols
Billed hours will reflect the schedule on file with CareReach. If Client wishes to adjust the schedule, changes must be formally submitted through the Staffing Department.
Requests made directly to caregivers or field staff are not authorized and may not be honored. Unauthorized changes may result in additional charges.
4.4 No Unauthorized Payments or Gifts
Client agrees not to provide gifts, tips, bonuses, loans, or any form of payment directly to HCAs without prior written approval from CareReach. This ensures compliance with agency policy and maintains professional boundaries between Clients and staff.
5 Overtime Policy and Holiday Premiums
CareReach pays/bills time and a half (1.5) for every hour over 8 hours worked in a shift, after 40 straight-time hours in a week, and for all hours (from 12:00:00 AM through 11:59:59 PM) on the following holidays: New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day. Client/Client Representative understands that in the event overtime is required to properly meet care needs as assessed by CareReach, there will be an overtime charge of time and a half. For HCAs who are not personal attendants and/or who do not work in Client’s private home, Client agrees to: (a) pay CareReach overtime of 1.5 times the rates listed herein for work of more than 8 hours in a workday, 40 hours in a work week, and/or for the first 8 hours of work on a seventh consecutive day of work in a workweek for Client; (b) pay CareReach overtime of twice the rates listed herein for work of more than 12 hours in a work day and/or for work more than eight hours on a seventh consecutive day of work in a workweek; and (c) allow the HCA to take a paid/billable 10-minute rest period for every 4 hours (or major fraction thereof worked), and to take a paid/billable 30-minute meal period for every 5 hours worked, unless otherwise agreed with CareReach.
6. Additional Billable Charges
6.1 Supplies and Equipment
Client is responsible for providing all supplies (e.g., cleaning, laundry, gloves, personal care, etc.) and equipment that may be necessary for the provision of Services. If CareReach provides the supplies and/or equipment, extra charges will apply and will be billed in accordance with Section 7.
6.2 Transportation
An HCA will not be permitted to operate the Client’s personal vehicle unless Addendum A – Client Vehicle Use Authorization is completed and signed.
If the HCA uses their own personal vehicle to transport the Client or to run errands on behalf of the Client, the Client will be billed a per-mile fee equal to the standard reimbursement rate in effect at the time, along with any associated expenses such as parking fees or toll road charges.
If the HCA uses a different form of transportation (e.g., ride share, bus, or train), the Client will be billed the full amount of the associated out-of-pocket expenses (e.g., bus fare, Uber/Lyft receipt). These charges will be invoiced in accordance with Section 7.
6.3 Other Service-related Expenses
If the HCA incurs any other types of expenses directly related to or on behalf of Client while providing the Services for Client, Client will be billed the equivalent of the associated out-of-pocket expenses for the HCA (e.g., groceries, postage, admission tickets to recreational activities). These fees will be billed in accordance with Section 7.
7. Billing and Payments
This document represents an agreement to pay for the Services provided as requested on a weekly billing cycle. In addition, Client understands and agrees to the following:
7.1 Payment Due Dates
CareReach invoices are due upon receipt and will be considered delinquent if not paid within 7 days of transmission of the invoice to Client.
7.2 Insurance and Reimbursement Responsibility
When/if long-term care insurance or any other benefit applies: (a) Client will pay for the Services until long-term care insurance applies; (b) Client is responsible for paying CareReach for the full cost of Client’s requested Services, whether or not these expenses are reimbursable or reimbursed by Client’s insurance, if any, or any governmental or other benefit; (c) Client waives the assignment of benefits to CareReach, such that CareReach will not submit claims nor be paid directly by the insurance company. CareReach shall, however, provide any needed proof-of-service documentation.
7.3 Deposit Requirements
A deposit equal to one week of Services is required prior to starting care. This deposit will be applied to the Client’s final invoice or returned within 10 business days after Services end.
7.4 Accepted Payment Methods and Fees
Preferred payment methods include:
- Electronic Funds Transfer (EFT) from a checking account (no additional charge)
- Credit or debit card, subject to a 3% transaction fee
- Personal checks, payable to “A CareReach Inc,” subject to a $5.00 service charge per billing cycle
Returned checks will incur a $35.00 fee. Client is also responsible for any additional costs incurred by CareReach due to rejected or failed payments.
7.5 Authorization Form Requirement
EFT/Credit Card Authorization Form must be completed before commencing Services.
7.6 EFT Agreement Terms
If an EFT agreement is made between Client and CareReach, Client will provide CareReach with a valid ACH (direct debit transfer) payment option and provide CareReach with Client’s bank routing number, account number, and a cancelled check to process payment. CareReach will charge Client’s ACH account for all fees and charges owed to CareReach if Client elects this as the payment option or if Client fails to pay all fees and charges in a timely manner according to the terms of this Agreement. Client irrevocably authorizes CareReach to place charges on said account in accordance with this Agreement and will pay all such charges and fees billed to Client’s ACH account according to the terms of this Agreement.
7.7 No Direct Payment to Caregivers
Client agrees not to pay any Home Care Aide (HCA) directly for Services under this Agreement. All payments must be made through CareReach.
7.8 Non-Refundable Fees and Delinquency Penalties
Except as otherwise stated in this Agreement, all fees are non-refundable, earned in full, and due upon receipt of invoice. If any portion of a fee is not paid within 7 days of the invoice date, it will be considered delinquent, and interest will begin to accrue on the 8th day.
Interest on the unpaid balance will be calculated at a rate of 0.833% per month (10% Annual Percentage Rate) and will continue to accrue until the full balance is paid.
If the Client’s account is referred to a collections agency or legal counsel, all associated costs—including interest, attorneys’ fees, and collection expenses—will be added to the Client’s outstanding balance and become immediately payable under this Agreement.
7.9 Rate Adjustments and Advance Notice
All rates and fees specified in this Section 7 are periodically evaluated and are subject to change. CareReach may modify a rate or fee in this Section 7 with 45 days’ prior written notice to Client.
7.10 Disputed Charges
If any billing statement/invoice is disputed by Client, Client shall notify CareReach in writing within 10 days of receipt of such billing statement/invoice. If no such notification is received by CareReach within 10 days, the billing statement/invoice shall be deemed to state the correct amount.
7.11 Deposit Retention and Forfeiture After Inactivity
Client understands and agrees that the one-week service deposit shall be retained on file throughout the duration of the Agreement. If Client does not receive any Services from CareReach for a period of 180 consecutive days — for any reason — and does not formally resume Services within that time frame, the deposit will be automatically forfeited. This forfeiture shall apply regardless of the cause of inactivity, including, but not limited to, hospitalization, relocation, or change in care decisions. CareReach will make reasonable efforts to notify the Client prior to the 180-day deadline; however, it is ultimately the Client’s responsibility to remain in communication with CareReach regarding the status of Services. This clause is intended to uphold CareReach’s cancellation policy and discourage abandonment of Services without appropriate notice.
8. Schedule Changes and Charges
If Client desires to cancel a scheduled shift, Client must notify CareReach as soon as reasonably possible, and no later than 48 hours prior to the start of the scheduled shift, except in cases of Client’s unexpected hospitalization. Client agrees to pay CareReach for the full scheduled shift if Client does not meet this cancellation notice requirement or if Client dismisses the HCA before the end of the shift. All schedule changes must be made directly with the CareReach office and not with the HCA.
9. Termination of Services
Either Client or CareReach may terminate this Agreement with 7 days’ notice of termination of Services, except in the case of the death of Client in which the requirement for 7 days’ notice is waived. However, to the maximum extent permitted by law, CareReach, in its discretion, may terminate the Agreement immediately, verbally, and without notice if: (a) the Client becomes abusive to a CareReach employee; (b) CareReach cannot meet Client’s needs; (c) the HCA’s work environment is unsafe or unhealthy; or (d) Client and/or Client Representative fails to pay CareReach’s fees pursuant to this Agreement. If Client fails to provide CareReach with 7 days’ prior written notice of termination, Client agrees to pay CareReach for 7 days of Services. If Client stays at an acute care hospital or skilled nursing rehabilitation facility, CareReach Services may continue or will resume as contracted, once Client is discharged, upon mutual agreement between Client and CareReach. Once Client is discharged, if home care would still be appropriate for Client’s needs and Client selects another option aside from CareReach for home care, the 7 days’ notice for termination of Services would still apply. All binders, logbooks, notes, and case information are the sole property of CareReach and will be removed from the home at the time of Services termination.
10. CareReach’s Responsibilities
CareReach is committed to providing high-quality, client-centered care and fulfilling its obligations as a home care provider. A full description of CareReach’s responsibilities—along with the Client’s rights and responsibilities—is outlined in our Client Bill of Rights, available on our website at: https://ACareReach.com/Bill_of_Rights.
11. Client’s Responsibilities
CareReach is committed to honoring each Client’s rights and upholding the highest standards of care. A full description of both the Client’s rights and responsibilities—as well as CareReach’s responsibilities—is outlined in our Client Bill of Rights, available on our website at:
https://ACareReach.com/Bill_of_Rights.
12. Service Interruptions and Severe/Bad Weather
If CareReach personnel do not arrive as scheduled, Client must promptly notify CareReach. Although CareReach shall make reasonable efforts to provide Services to Client, Client understands and agrees that service interruptions may occur and CareReach’s Services will not guarantee Client’s safety, fall prevention, or prevention of health issues. In an effort to provide Services, CareReach reserves the right to assign a different HCA at their discretion to provide Services to Client. In severe weather, CareReach may determine it is not safe for their Home Care Workers to travel and provide Services to Client that day and may have to cancel that day’s Services. When this occurs, CareReach will notify Client and reschedule. In the case of a service interruption, Client will only be billed for the hours that CareReach staff provides Services.
13. Valuables and Weapons
Client must secure their weapons and valuables, including, but not limited to, cash, jewelry, and confidential financial and personal information while CareReach staff is in their home. Client will make any claims for theft, loss, damage, or destruction of property to CareReach as soon as possible.
14. Non-compete and Buyout Fee
Client/Representative acknowledges that CareReach has incurred considerable expenses in advertising, interviewing, recruiting, screening, evaluating, hiring, training, staffing, and supervising employees. Thus, while using CareReach’s Services and for a period of 1 year after the termination of CareReach’s Services with Client, Client/Representative will not solicit, hire, or otherwise engage any HCAs who have performed substantial work for Client to work directly for Client as an HCA or to work indirectly for Client as an HCA through another person or entity. If Client/Representative directly or indirectly hires or otherwise engages an HCA who performed substantial work for Client during the time Client used CareReach’s Services or for 1 year after Client ceases using CareReach’s Services for this purpose, Client agrees to pay CareReach a one-time fee of $10,000.00 per staff member (“Buyout Fee”).
15. Information and Updates
Client shall provide CareReach with all pertinent information necessary for Client’s care, as well as accurate and current insurance (where applicable) and billing/payment information. Client will promptly notify CareReach of any relevant changes to any of the aforementioned information.
16. Complaint Procedure
If the Client has any concerns regarding or is dissatisfied with the Services rendered pursuant to this Agreement, the Client shall direct complaints or concerns to the attention of the Administrator of CareReach at: Support@ACareReach.com or by calling (619) 821-8186. Upon receipt of a complaint from the Client, CareReach shall respond to the Client within 3 business days.
17. Term of Agreement
The term of this Agreement will start on the Effective Date and will continue on an as-needed basis until the Agreement is terminated by either Party, as provided hereunder.
18. Notice of Privacy Practices for Protected Health Information
CareReach complies with federal and state privacy laws and is committed to maintaining the confidentiality of Client’s protected health information (“PHI”). A full description of our privacy practices—including how we use and protect PHI, Client rights, and how to file a privacy-related complaint—is provided in our Notice of Privacy Practices for Protected Health Information, available on our website at: https://ACareReach.com/PHI.
19. Warranties.
By executing this Agreement, Client and Client Representative warranty and agree that: (a) they are able to enter into this Agreement and that doing so does not violate existing legal agreements with other entities and does not violate others’ rights; (b) they understand and agree that CareReach’s Services will not guarantee Client’s safety, fall prevention, or prevention of health issues; (c) they have carefully read and fully understand the scope and effects of all the provisions in this Agreement; (d) they have had all such time that they desire within which to consider this Agreement; and (e) they have been advised to and had the opportunity to consult with an attorney of their choosing and at their own expense to review this Agreement before signing this Agreement.
20. Disclaimer, Limitation of Liability, and Indemnification
CareReach is committed to caring for Client with love, compassion, and empathy, and aims to ensure that each Client feels safe and supported at home. While we strive to honor our values as outlined in the “Client Bill of Rights” (included in the Client Services Binder) and respond promptly to all concerns through our Complaint and Grievance process, CareReach makes no express or implied guarantees regarding the information, Services, HCAs, or employees provided. Client and Client Representative acknowledge and agree that all Services are used at the Client’s own risk, to the maximum extent allowed by law.
20.1 No Guarantees or Warranties
Except in cases of gross negligence, willful misconduct, or violation of law, neither party shall be liable to the other for any special, indirect, incidental, punitive, exemplary, or consequential damages arising out of or related to this agreement or CareReach’s services, however caused and under any theory of liability (including negligence), even if it has been advised of the possibility of such damages.
20.2 Limited Liability Cap
Each Party’s aggregate liability to the other party, for LIABILITIES ARISING OUT OF OR RELATED TO THIS AGREEMENT, FROM ANY CAUSE OR CAUSES, AND REGARDLESS OF THE LEGAL THEORY, INCLUDING BREACH OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR STATUTORY LIABILITY – excluding Client’s potential financial obligations as stated in Section 2; the fees, costs and interests related to collections as referenced in Section 3; and the stipulated damages provision in Section 14 – shall not exceed the amount of the fees received by or owed to CareReach (whichever is greater) from Client during the 90 days prior to the termination of CareReach’s Services with Client. If any waiver, exclusion, or limitation of damages is not permitted by law, the Parties’ liability to each other is limited to the maximum extent permitted by law.
20.3 Client’s Responsibility to Indemnify
To the fullest extent allowed by law, the Client and Client Representative ("Indemnifying Party") agree to indemnify, defend, and hold harmless CareReach and its affiliates, including its owners, agents, HCAs, employees, officers, directors, attorneys, and successors ("Indemnified Party"), from any and all claims, damages, liabilities, losses, costs, or expenses (including reasonable attorney fees) arising from any act, omission, negligence, or misconduct by the Client or Client Representative.
21. Miscellaneous
21.1 Governing Law
The rights and obligations of the Parties under this Agreement shall be governed and construed under the laws of the State of California, without reference to conflict principles. Any action or proceeding commenced regarding this Agreement, the subjects herein, CareReach’s Services, or the termination thereof shall be brought in San Diego County, California. The federal and state courts within California shall have the exclusive jurisdiction to adjudicate any dispute arising out of this Agreement.
21.2 Entire Agreement and Scope
(a) The section captions contained in this Agreement are for convenience only and do not constitute a part of its terms and provisions. (b) This document, together with any appended exhibits and addenda, constitutes the full and complete agreement between the Parties with respect to the subjects covered in this Agreement and CareReach’s Services. Any prior representations, promises, contracts, or agreements, verbal or written, are hereby fully superseded. (c) This Agreement may be executed in counterparts, each of which shall be deemed to be an original. Such counterparts, when taken together, shall constitute but one Agreement. (d) Except as stated in the Agreement, this Agreement shall not be amended except in a written document signed by Client and/or Client Representative and an authorized representative of CareReach, expressly stating an intent to amend this Agreement.
21.3 Severability and Survivorship
If any of the provisions, or portions thereof, of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, the validity and enforceability of the remaining provisions, or portions thereof, shall not be affected thereby, and full effect shall be given to the intent manifested by the provisions, or portions thereof, held to be enforceable and valid, insofar as it remains a workable instrument to accomplish the intent and purposes of the Parties. No waiver of any breach of any provision of this Agreement shall constitute a waiver of any subsequent breach of the same or any other provision. This Agreement and all rights and obligations hereunder, shall be binding on and inure to the benefit of the Parties to this Agreement and their respective heirs, executors, successors, and assigns.
21.4 Force Majeure
Each Party agrees that the other Party is not responsible for their inability to meet their obligations under this Agreement due to any unforeseeable, unavoidable, and insurmountable objective circumstances when the Agreement is entered into, including, without limitation, the following force majeure events (“Force Majeure Event(s)”): (a) acts of God; (b) flood, fire, earthquake or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order or law; (e) actions, embargoes or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority; (g) national or regional emergency; (h) strikes, labor stoppages or slowdowns or other industrial disturbances; (i) epidemic, pandemic or similar influenza or bacterial infection (which is defined by the United States Center for Disease Control as virulent human influenza or infection that may cause global outbreak, or pandemic, or serious illness); (j) emergency state; (k) shortage of power or transportation facilities; and (l) other similar events beyond the reasonable control of the impacted Party. Once the causes for the inability to meet the obligations of this Agreement are rectified and remedied, both Parties agree to resume the performance of this Agreement with their best efforts.
22. Client Communication Consent
22.1 Communication Methods
By signing this Agreement, Client and/or Client Representative agree and consent to receive communications from CareReach via email, phone call, and text message (SMS), including but not limited to scheduling updates, care reminders, billing notices, and service updates.
22.2 Authorization for Text Messaging
Client and/or Client Representative expressly authorize CareReach to send text messages using an automated system to the phone number(s) provided for the purposes described in this Agreement. Standard message and data rates may apply depending on the Client’s carrier.
22.3 Authorization for Email Communication
Client and/or Client Representative authorize CareReach to use the email address(es) provided for ongoing communication, service-related notices, and administrative matters related to Services.
22.4 Opt-Out Rights
Client and/or Client Representative may opt-out of receiving non-essential texts or emails at any time by following the instructions included in those communications (e.g., replying “STOP” to a text message or clicking an “unsubscribe” link in an email), or by contacting CareReach directly. However, opting out of certain communications may impact the ability of CareReach to provide timely or complete Services.
22.5 Privacy and Security
CareReach agrees to use reasonable safeguards to protect all personal information and will not sell or share Client data with third parties for marketing purposes. Communication will comply with applicable privacy laws, including HIPAA, TCPA, and CAN-SPAM.
23. Terms and Privacy
By signing this Agreement, Client and/or Client Representative acknowledge and agree that they have been made aware of, and are bound by, the current versions of CareReach’s Terms and Conditions and Privacy Policy, which govern additional rights and responsibilities related to the use of CareReach’s website, online client portal, and digital communications. These documents are available at:
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Terms & Conditions: https://www.acarereach.com/terms
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Privacy Policy: https://www.acarereach.com/privacy-policy
In the event of a conflict between this Agreement and the online Terms or Privacy Policy, the provisions of this Agreement shall govern with respect to in-home care services.
CareReach Client Service Agreement – Version 1.0 | Effective July 12, 2025
This document is the property of A CareReach Inc. Unauthorized reproduction or use is prohibited.
