Muslim Caregivers Membership Contract
1 Muslim Caregivers (T/A , Muslim Supreme Council of South Africa (MUSCOOSA) in Partnership with Suuh Investments Pty Ltd, hereinafter refer to as “the Agency” provides specialized personal caregiving services through its qualified and trained caregivers ; the client and the patient intend to enter into this contract for the services of providing home caregiving services according to the client/patient’s needs. Such services will include the services normally rendered by a Caregiver/nurse and or domestic servant in accordance with services requested by client/patient from Muslim Caregivers McG "Agency".
2. The parties wish to record their agreement in writing hereinafter refer to as (“the Membership contract”).
the parties agree as follows: -
1. DEFINITIONS
1.1 CAREGIVER/ AND/OR PERSONNEL
The individual providing care and support to the patient and other services in terms of this agreement
1.2 CLIENT
Family member, or responsible person, who has requested the care services and together with the patient undertakes all assignments and/or liabilities in terms of the agreement for care and support of the patient.
1.3 MUSLIM CAREGIVERS McG
The provider of agency services in relation to care-givers and other domestic services staff so required by the client.
1.4 PATIENT
The individual receiving care and support from the caregiver in terms of this agreement.
1.5 STAFF
Caregivers and/or personnels contracted by Muslim Caregivers to provide services to clients and/or patients.
1.6 SERVICES
Support functions for client/patient by care-giver/ personel , which einclude services that are generally considered to be that provided by a a Caregiver and /or domestic servant.
1.7 MEMBERSHIP CHARGES AND TERMINATION
Caregivers becomes members of Muslim Caregivers upon signing working contract , and client becomes member of Muslim Caregivers upon succefull application to Membership . This membership can be terminated anytime by simply conceling membership anytime. Termination of membership do not attract anyform of charges provided that all agreed payment prior to termination of membership are made with proof of payment.
DAY SHIFT
1.8 Day Shift starts at 8:00 hrs (8:00 Oclock) in the morning and end at 17:00 hrs (5:00, Oclock) , with 30 minutes break at 10:30 hrs for breakfast and 1 hour lunch break at 13:00 hrs (1:00 Oclock) , working resume at 14:00 hrs (2:00 Oclock).
NIGHT SHIFT
19 . Night Shift starts at 21:00 hrs ( 09:00 Oclock night) and end at 05:00 hrs ( 05:00 Oclock morning).
1.10 The client/Patient may inform Muslim caregivers McG preffered service needed for day shift or night shift, either cargiving services or help with domestic work such as house cleaning, cooking, within seven days of the week. etc.
LIVE-IN
1.11 Live-in Caregiver start has similar working hours as day shift , and may balance between work and sleep accordingly.
1.11 Live-in Caregiver start has similar working hours as day shift , and may balance between work and sleep accordingly.
1.11 (a) If the caregiver and/or personnel lives-in, the client/patient understands that it is a requirement to provide: meals, sleeping, washing and toilet facilities to any caregiver and/or personnel that lives in. If possible, the caregiver and/or personnel must be as close to the patient as possible. The client/patient will take all reasonable steps to ensure that the caregiver and/or personnel is accommodated in as close a proximity to the patient as possible. Meals, sleeping, washing, and toilet facilties must also be provided to Day shift or night Shift worker.
The client/patient shall ensure that the caregiver and/or personnel receives a minimum of 1 (One) lunch break and 2 tea breaks, i.e. 30 mins and 15 mins respectively which must be taken at a time convenient to patient and caregiver and/or personnel.
SPONSORED SERVICES
1.12 There are caregivers sponsored by Muslim Caregivers to provide free services to client/patients who are financially not able to pay for the services, a separation application has to be submitted after succefull application for membership.
1.13 There is no separate contract to be signed for cargiving services becuase client/patient is a member of Muslim Caregivers (McG) upon successfull aplication of memberhsip according to this memberhsip Contract. Sponsorship will include consultation, transport, caregiver renumiration.
2. GENERAL
2.1 The client and the patient undertake jointly and severally to pay monthly membership fee non refundable that may be terminated anytime by conceling membership without notice needed. caregiving services are terminated imediately upom conceling of membership.
2.2 If required and agreed to, the patient will be assessed in hospital or at home by a registered caregiver and/or personnel for and on behalf of Muslim Caregivers. This consultation is free of charge upon succefull aplication of membership. The duration of the consultation will be dependent on the time spent taking a history, drawing out the plan of care and drafting a care plan for the caregiver and/or personnel to follow.
2.3 A suitable caregiver and/or personnel will be provided to meet the special requirements of the patient. Muslim Caregivers together with the client will undertake the care and support of the patient. Muslim Caregivers will identify the caregiver and/or personnel possessing the specialized skills requested by the client/patient.
2.4 Should a caregiver and /or personnel fall ill or be unavailable, it is Muslim Caregivers ’s responsibility to ensure a suitable replacement caregiver and/or personnel is provided as soon as possible.
TRANSPORT
2.5 If Client/Patient needs transportation services , Muslim Caregivers McG will provide transport charged at R 300 Per hour, . If patient needs helper in transportation will be provided without extra charges. Separate request will be made by client/patient for transportation services one day before. requests made by client/patient for transportation services on the same will be provided as emergency and will be charged R 600 per hour accordingly.
2.6 Whilst every endeavor will be made in order to provide the same caregiver and/or personnel but this not be guaranteed. Muslim Caregivers assumes no responsibility to ensure same is employed throughout the term of the contract.
22.9 The administering of medication is prescribed but remains the responsibility of the client. The type, dosage and frequency of all medication shall be prescribed by doctors treating the patients and shall not be the responsibility of the caregiver and/or personnel.
2.10 In the event that the caregiver and/or personnel fails to turn up for duty for whatever reason, client/patient is to advise Muslim Caregivers immediately. Muslim Caregivers will send the client/patient a suitable replacement as soon as possible.
3. OBLIGATIONS
3.1 HOURS OF DUTY
3.1.1 The hours worked by the caregiver and/or personnel will be determined by reference to the client’s/patient’s needs between the client, the patient and Muslim Caregivers.
1. In the event that a caregiver and/or personnel is required to work a double shift consisting of 24 (Twenty-Four) hours the client/patient undertakes to ensure that the caregiver and/or personnel receives a minimum of 6 (Six) hours sleep.
2. Off duties and working conditions may be discussed with Muslim Caregivers and/or with the caregiver and/or personnel
4. PAYMENT
Payment by client/patient will be made on 25th day of every month for month to month contract, and for weekly contract , payment will be made on the fourthday of the week.
4.1 Although the client/patient acknowledges that Muslim Caregivers can now provide invoices to submit to medical aid/s, payments due in terms of this contract remain the responsibility of both the client and the patient; jointly and severally the one paying the other to be absolved. In this regard, the client/patient acknowledges that they will be responsible for any shortfall on payments from the medical aid.
5. INDEMNITY AND CONFIDENTIALITY
5.1 Muslim Caregivers undertakes to maintain strict confidentiality in relation to all matters connected with the patient and the provision of the services contemplated in this agreement, including with regards to any incident/condition relevant to the patient.
5.2 Whilst every effort will be taken by Muslim Caregivers to ensure that the caregiver and/or nurse carries out his or her duties in a professional competent manner the client/patient acknowledges that Muslim Caregivers will not be liable for any harm or damages caused by the caregiver and/or nurse to the patient in the fulfilment of his or her duties. In this regard, the client acknowledges that Muslim Caregivers acts as an agent to facilitate the fulfilment of its services, and it is agreed that although due care is exercised in appointing the care-giver/nurse, Muslim Caregivers cannot be held liable for any damages caused to the patient and/or client, whatsoever.
6. PAYMENT OF STAFF
6.1 Caregivers are employed by Muslim Caregivers ( McG) as to work as staff and they are paid by Muslim Caregivers, the client/patient must make payments to Muslim Caregivers. The client/patient shall have no obligation or responsibility to make any payments directly to the caregiver and/or personnel. any payment to caregiver by client/patient will be counted as appreciation.
6.3 If payment is made directly by the client/patient to staff, this will not discharge the client/patient of any liability, and it will be the client/patient’s responsibility to recover such amount/s.
7. WHOLE AGREEMENT
7.1 This agreement represents the total agreement between the parties and no guarantees, promises, consensual cancellation, or amendments to this agreement or this clause of any nature whatsoever will be binding upon the parties, unless reduced to writing and signed by both parties hereto.
8. CONFIRMATION
The parties hereto, by their signature, do confirm that they have read and understand all the terms and conditions contained herein and have agreed thereto and that they are bound thereby. They furthermore warrant that they are duly and properly authorized herein and confirm that the meaning and consequences of this agreement have been appropriately explained to them.
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