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Jamie Bergren

Jamie Bergren Postpartum Doula and Sleep Coach LLC
5974 W 69th Ave Arvada, Co 80003
720-987-3732
doula.jamiebergren@gmail.com

Postpartum Doula Services Contract

This Postpartum Doula Services Contract (the “Agreement”) is entered into by and between Jamie Bergren (the “Doula”) and (“Client” or “You”). This Agreement is not with Mile High Doulas. Doula is an independent sole proprietor. This Agreement begins on the date the Client signs this Agreement. Unless terminated earlier by one of the parties, this Agreement shall continue through Client’s estimated due date of and will end on the date of .

Postpartum. The care provided by the Doula after the birth of the child shall include, but is not limited to: infant care; sibling care; breastfeeding support; postpartum support. The focus of a postpartum doula is on baby and families early adjustment to returning home, and therefore postpartum needs are greatest during the first eight weeks after birth.
The Doula shall provide postpartum care during the day if desired (a minimum of 4 hours required per scheduled shift). If Doula is staying for an overnight shift, there is an 8-hour minimum. The latest time a doula can start the night shift is 10 pm, the earliest the shift can end is 5 am. In the event that the Doula works an overnight, the Doula is allowed to sleep when the baby is/babies are asleep and all duties have been completed.
Back-up Doula Services. It is the responsibility of Doula to arrange for a back-up doula IF: she is unable to attend a scheduled shift due to circumstances beyond her control. If the services of a back-up doula are required, the back-up doula will most likely be a member of Mile High Doulas or the equivalent. Doula will provide Client with contact information for the back-up doula. It is then the responsibility of Client to contact the back-up doula if and when her services are needed. The terms of this Agreement apply to any services provided to You under this Agreement by the back-up doula referred to you by Doula.
Client Responsibilities.
1. Communication.
  - Client agrees to provide Doula with updates after communication or appointments with their healthcare provider.
  - Client will communicate openly with Doula about circumstances past or present that may affect the postpartum experience.
  - Client will contact Doula as soon as may be practicable upon going into labor. In the event that Client is unable to contact Doula, Client will direct their spouse or partner to contact Doula as soon as may be practicable upon going into labor. Doula recommends that you share her contact information with your spouse/partner prior to labor so that they are able to contact her on your behalf.
2. Taking Care of your Doula:
  - Comfortable accommodations for Doula are a must for overnights, a place to rest with your baby, either in a nursery, living room, or guest room. Doula will room in with your baby. A chair or floor is not considered comfortable accommodations. If a chair is the only place to rest, please let Doula know so she can bring a fold out or inflatable mattress for resting.
  - If Client is using a nanny cam, it is imperative that Client let Doula know. Under Colorado state law, it is unlawful to use the recording option on Doula without her written consent.
  - Provide appropriate supplies that are easy to find (diapers, wipes, formula, breast milk) and inform Doula location of baby clothes and washing and drying instructions.
  - For overnight doula support please provide, either written or verbal, notes or food log so Doula has information on how the day went, and gives her an idea of how the night will play out.
  - Communicate with Doula the best plan for her arrival and departure and provide any necessary codes for the house.
  - Let Doula know at arrival the best way to support Client during the scheduled shift.
3. Cancellations:
  - Failure by Client to cancel the contracted and scheduled hours 24 hours prior to the scheduled services will result in being billed for all of the requested hours. Please see Cancellation Policy for more detail
4. Payments.
  - Client will make payments to Doula for their services according to the terms set forth in this Agreement.

Scheduling and Cancellation Policy:
1. The Doulas schedule will be mutually agreed upon by the doula and the client and will be decided upon the first week post birth for the duration of the contract. Additional hours may be added to the schedule depending on Doula’s availability. Any changes to the schedule can be made per the Doula’s availability. Client is responsible for payment of all confirmed scheduled hours. It is Doula's sole discretion to grant cancellation requests without requiring payment.
2. All scheduling will be done between Client, Client’s Spouse and Doula.
3. If Doula is sick, every effort will be made to find a back-up to cover scheduled hours. In the unlikely event that no back-up can be found Client will not be billed for those hours.
4. If there is an act of God, severe weather advisories, national state of war, pandemic shutdown or the likes, Doula is NOT required to attend a shift during the time previously agreed upon and Client will not be charged. Every effort will be made to reschedule missed hours based on Doula availability.
5. Doula requires 24 hours advance notice if Client, her baby or any family member is ill with any of the following: Doula will provide the same such notices within the same timeframe to client.
  1. 1. Fever greater than 101
    2. Vomiting within 48 hours (baby excluded)
    3. Flu virus or symptoms
    4. Upper respiratory infections
    5. Persistent sore throat or coughs
    6. Strep not treated with antibiotics for 48 hours
    7. Known exposure to Covid-19 or positive test
      It is up to Doula to decide to work that day or evening.
- Compensation. The fee for doula services under this Agreement is $50/hour. Client is to pay Doula directly by her preferred payment method, agreed to upon signing this Agreement. A week begins on Sunday and ends on Saturday, for scheduling purposes. Payment is due within 2 days of any invoice date. A non-refundable referral payment of $250 is due to validate this contract and retain Doula for her services. This payment does not apply to the total cost for services provided by Doula. Doula agrees to work for a predetermined schedule subject to availability and mutually agreed upon hours. For the purpose of billing, an hour is considered to start when Doula arrives at your home for a set arranged time. If Doula runs errands for you prior to coming to your home, the billing hour begins upon arrival at the first stop of those errands.
  
  The $250 non-refundable fee is due upon signing this Agreement. This payment can be completed via Zelle, admin@milehighdoulas.com.
  
  Doula makes many accommodations to ensure that she is available during your postpartum period. These accommodations include turning away other clients and scheduling Doula’s personal and family time around Client's due date. As a result, Doula will not offer a refund or discount for the fees paid or due under this Agreement. In the event of extenuating circumstances, Doula at her sole discretion may consider granting a refund or discount for fees paid or due under this Agreement.
- Termination. The objective of Doula is to ensure that You are completely satisfied with her services. If You are dissatisfied with Doula’s services for any reason, You agree to communicate immediately to attempt to resolve the issue informally. If the issue remains unresolved, or if You choose to no longer require postpartum services from Doula, You may terminate this agreement by notifying Doula in writing (email is acceptable) within 2 (two) days’ notice of proposed termination timeline. Doula may also terminate this agreement for any reason whatsoever, with or without cause (and including, but not limited to, concerns regarding health, safety, and well-being of Client, Client’s children, Client’s spouse, or Doula), upon notification to Client in writing (email is acceptable) within 2 (two) days’ notice of proposed termination timeline. All payments made through the date of termination are non-refundable and any payments due must be paid within 14 days of the date of termination of this agreement.
- Confidentiality. Client agrees to allow Doula to take notes on personal information that Client chooses to disclose to Doula, as well as information regarding Client’s labor, birth and postpartum experience, including personal information about herself and her child(ren) for professional and educational purposes. Doula will hold this information in confidence at all times and share it only with members of Mile High Doulas, any back-up doula and the Client’s care provider and/or other professionals involved in Client’s care. Signing this contract gives Doula permission to discuss Client’s pregnancy and birth with other birth professionals in both formal and informal settings. Client agrees to allow Doula to share the Client Intake Form, the Client’s birth preferences, and notes from prenatal and postpartum visits and the birth. Each party will take responsible precautions to protect the confidentiality of the other party’s confidential information. Doula will not sell your information to third-parties.

Waivers and Complete Release of Liability.

This waiver and complete release of liability applies to Doula personally, Doula’s business entities, Mile High Doulas LLC and its Members, and any back-up doula or representative of Doula who may assist in providing the services under this Agreement (referred to collectively as Released Parties”) by Client (“I” or “You”). You acknowledge and agree that by entering into this agreement and during the performance of services under this Agreement, services may be provided to You in your home, and potentially outside of your home. You acknowledge and agree that Released Parties have a limited role pursuant to the description of services outlined in this agreement wherever services are provided. You acknowledge and agree that Released Parties do not make medical or nursing decisions on your behalf or perform clinical tasks, including decisions when to seek medical care and the inclusion or exclusion of treatments available to You and your baby. Released Parties are not responsible for any injury or damages due to a decision that was made by You for You or your baby.

Therefore, You hereby waive and forever discharge, release and covenant not to sue the Released Parties from any and all future claims resulting from ordinary negligence (proven or perceived) and/or from arising as a result of engaging in or receiving instruction, education, or postpartum doula services as outlined in this Agreement and any signed addendums whenever, however, and wherever the same may occur. This also applies to Acts of God, or cases of SIDS or medical emergency where there is no known medical cause of injury or death, and is not a result of proven gross negligence. You hereby voluntarily release, jointly and separately, on behalf of yourself and your heirs, administrators, assigns, personal representatives, and executor, all claims, damages or causes of action, either at law or in equity, resulting from ordinary negligence during the course of the performance of duties arising under this contract.

You understand that this waiver is intended to be broad and inclusive as permitted by law and agree that if any portion is found invalid, the remainder of the waiver will remain in full effect. You affirm that You are of legal age and in full faculty freely signing this agreement. You have read and fully understand by signing this agreement that you are giving up legal rights and remedies which may have been available to you for ordinary negligence of released parties.

DISCLAIMER: This agreement covers ordinary negligence and decisions made fully by You even if advised by a Released Party. This agreement does not waive your right to claims resulting from gross negligence, intentional abuse, breach of contract, or intentional/premeditated criminal acts. Should Client pursue any claim related to the services outlined in this contract, which are not waived above and solely provided by Doula, back-up doula, or representative of Doula, You agree to only pursue the party in question, and not MHD or unrelated Released Parties (see Indemnification, below).

Miscellaneous Provisions.

Amendments. This agreement may be amended or modified only by written agreement acknowledged by all parties. Handwritten changes may be made to the document. All parties must initial any handwritten changes for the changes to be valid.
Jurisdiction. This agreement shall be construed in accordance with the laws of the State of Colorado, without regard for conflicts of law principles that would require application of the laws of a different state. The parties hereto agree that any litigation or proceeding arising in connection with this Agreement will be brought exclusively in the courts located in Boulder Country, Colorado and the parties consent to the personal jurisdiction of these courts. The parties waive any objection that such a venue is inconvenient or improper.
Entire Agreement. This Agreement constitutes the entire agreement between the parties relating to subject matter herein and supersedes all prior representations, discussions, negotiations, and agreements whether oral or written. This Agreement will hold true even if additional agreements or addendums are signed between the parties.
Attorney’s Fee. In the event that any suit or action, including mediation or arbitration, is instituted to enforce any provision in this Agreement, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals.

Indemnification. Doula and Client understand the Mile High Doulas LLC has only acted as a liaison to connect the community at large, including referring or connecting Client to Doula, in good faith. Doula is acting fully independently of Mile High Doulas LLC (MHD), operating as a sole proprietor, and is not an employee of MHD explicitly or implicitly. Client chooses of their own volition, and having done their own due diligence, to hire Doula. MHD is not responsible for Doula’s actions, behavior, services, or when, where, how, and why they work as a postpartum doula. The Client and Doula hereby agrees to indemnify and hold harmless MHD and the MHD Members, agents, volunteers, partner or referral doulas, and backup doulas who did not provide any services (collectively ‘Indemnified parties’) from any and all costs, expenses, losses, claims, damages, liabilities, settlements, and judgements resulting from and breach of contract or services provided by Doula for Client. Client agrees to indemnify and hold harmless Indemnified Parties of any negligent acts, intentional or wrongful act of omission of Doula (including any backup doula or representative of Doula), and any performance or attempted performance of the Doula (including any backup doula or representative of Doula). Doula and Client agree that this list is not exhaustive and hereby release all liability of MHD and Indemnified Parties in relation to this contract with Doula.

Relationship of the Parties. Doula is a sole proprietor and operates her own business. This Agreement does create a partnership or joint venture between the parties Client and Doula, but not with Mile High Doulas LLC or MHD Members.

Severability and Waiver. If any part of this Agreement is or becomes invalid or unenforceable, that part shall be ineffective to the extent of such invalidity or unenforceability only, without in any way affecting the validity or enforceability of the remaining parts of this Agreement. No waiver by either party of any provision of this Agreement shall be binding unless made in writing. Either party’s waiver of any portion of this Agreement, or failure to insist upon strict performance of any provision of this Agreement, shall not be construed as a waiver of any of its rights hereunder.

Survival. Any provision of this Agreement which contemplates performance or observance after any termination or expiration of this Agreement (in whole or in part) shall survive any termination or expiration of this Agreement and continue in full force and effect.

Counterparts and Electronic Execution. This Agreement may be executed simultaneously in one or more counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument. This Agreement may be executed and delivered by electronic means and upon such delivery the electronic signature will be deemed to have the same effect as if the physical signature had been delivered to the other party.

We, the undersigned, agree and accept the terms and conditions stated above to be effective as of the date of Client’s signature below.

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May 7, 2024 4:18 am MST

Jamie Bergren Uploaded by MileHigh Doulas - info@milehighdoulas.com IP 76.25.69.45