Junie’s Place Terms of Service

This Client Services Agreement (the "Agreement") is entered into on date of acceptance, by and between:

JUNIE’S PLACE, INC., a nonprofit organization with its principal office located at PO Box 191 Chelmsford, MA 01824 (“Nonprofit”) and Client located at the address provided.

Each of Nonprofit and Client may be referred to herein as a “Party” or together as the “Parties.”

    1.         Overview, and Scope of Support for Services.

                  1.1.         The Nonprofit is honored to support your family during this time. We are committed to helping families access trauma-informed and grief-informed therapy following the loss of a child. This Agreement outlines how financial and logistical support will be provided by Nonprofit to Client, as further defined herein (“Support”) for mental health services for Client, as further defined herein (“Services”).

                  1.2.         Eligibility. Client is eligible for Support if the loss of a child or pregnancy was within three (3) years prior to the Effective Date.

                  1.3.         Service Location. All Services must occur within the state of Massachusetts. If participating in telemental health visits, Client must be physically located in Massachusetts at the time the Services are rendered.

                  1.4.         Term. This Agreement shall commence on the Effective Date and shall continue until the Services are complete as set forth in Section 2 unless terminated earlier as provided herein.

    2.         Providers and Support.

                  2.1.         The Nonprofit offers Support for Services with both Affiliated and Unaffiliated Providers (collectively, “Provider”). All Support payments are provided directly from Nonprofit to the Provider; i.e., Nonprofit does not reimburse Client.

                  2.2.         Provider Types:

                                2.2.1.         Affiliated Provider: An Affiliated Provider shall mean a licensed therapist who has completed trauma-informed or grief-informed treatment training funded by Nonprofit. These licensed therapists are part of Nonprofit’s network.

                                2.2.2.         Unaffiliated Provider: An Unaffiliated Provider shall mean a licensed therapist outside of Nonprofit network. All Unaffiliated Providers must be independently licensed professionals in the state of Massachusetts.

                  2.3.         Provider Selection. The Client may choose to use an Affiliated Provider or an Unaffiliated Provider.

                                2.3.1.         If Client chooses to use an Affiliated Provider, Nonprofit will assign such Affiliated Provider to Client. If a Client feels their assigned Affiliated Provider is not a good clinical fit, Client agrees to notify Nonprofit in writing as soon as possible. The Nonprofit will work in good faith with Client to find a new Provider, if available. If applicable, the remaining balance of the initial eight (8) funded sessions (as described below) will be transferred to the new Provider.

                                2.3.2.         If Client chooses to use an Unaffiliated Provider, Client shall inform and provide the Unaffiliate Provider’s contact information to Nonprofit in writing within thirty (30) days of the Effective Date. Nonprofit makes no representations or warranties regarding the quality, suitability, or insurance coverage of any Provider.

                  2.4.         Service and Support Options.

                                2.4.1.         If Client uses an Affiliated Provider, Support includes the following:

                                             2.4.1.1.         Up to eight (8) sessions fully funded (up to $200 per session).

                                             2.4.1.2.         Following the initial eight (8) sessions, Nonprofit will pay to Provider copays (up to $50 per session) for up to sixteen (16) additional sessions (6 months total, including initial eight (8) sessions).

                                             2.4.1.3.         Copay assistance is limited to one session per week, with a maximum coverage of fifty US dollars ($50) per session.

                                             2.4.1.4.         Clients utilizing Affiliated Providers are also eligible for certain non-financial benefits , including: access to trauma-informed and grief-informed clinicians specially trained in child loss and bereavement; streamlined access with no paperwork or reimbursement forms required by Client; and priority placement in the network.

                                2.4.2.         If Client uses an Unaffiliated Provider, Support includes the following:

                                             2.4.2.1.         Up to eight (8) sessions fully funded (up to $200 per session).

                  2.5.         Copay Assistance. In the alternative to Section 2.4 above, if Client’s insurance covers mental health services and Client does not require fully funded therapy, Nonprofit will pay to Provider copays (up to $50 per session) for a total of twenty four (24) sessions. Copay assistance is limited to one session per week, with a maximum coverage of fifty US dollars ($50) per session.

                  2.6.         Flexible Use of Services.

                                2.6.1.         The initial eight (8) sessions can be shared with one or more Immediate Family Members designated by Client. An “Immediate Family Member” shall mean a spouse (or domestic/civil partners), a parent (biological, adoptive, or stepparents/foster parents); a child (biological, adopted, stepchildren, or foster children), or a sibling (brothers and sisters, including half or step-siblings). For example, if Client is a parent, Client may use four sessions, and Client’s child may use the remaining four sessions.

                                2.6.2.         If the sessions are shared with an Immediate Family Member, Client agrees that such Immediate Family Member shall be bound by the terms herein; where if such Immediate Family Member is a minor, the minor’s parent or legal guardian shall be joined to this Agreement and agree to be bound by the terms of this Agreement in writing and shall be responsible for the minor’s compliance herewith, and where the Immediate Family Member is not a minor, the Immediate Family Member shall be joined to this Agreement and agree to be bound by the terms of this Agreement in writing.

    3.         Attendance and Cancellation.

                  3.1.         If Client is using an Affiliated Provider, Nonprofit will assign such Affiliated Provider to Client and provide the Provider contact information to Client (“Referral”). The Client will be responsible for initiating contact with the Affiliated Provider within two (2) weeks of the Referral to schedule the first of eight sessions.

                  3.2.         The Client agrees to provide twenty four (24) hours notice directly to the Provider for any cancellation.

                  3.3.         If cancellation occurs within twenty four (24) hours of the scheduled time, the session will be considered a missed session and counts against the total number of sessions as set forth in the elected Support and Service option.

                  3.4.         After three (3) missed sessions, Support will be paused. Nonprofit will attempt to contact Client to discuss a resolution in good faith before Support can resume. The decision to resume Support is in Nonprofit's sole discretion. If Client fails to respond or a resolution is not mutually documented within thirty (30) calendar days of the pause, this Agreement shall automatically terminate without further notice, and all remaining funding allocations shall be permanently revoked. Client acknowledges that missed sessions will not be rescheduled or reimbursed unless Nonprofit agrees in writing.

    4.         No Liability.

                  4.1.         Nonprofit is not a healthcare provider. Nonprofit provides logistical and financial support but does not supervise, direct, or intervene in the clinical care provided by any therapist, whether such therapist is an Affiliated or Unaffiliated Provider.

                  4.2.         Clinical Responsibility: All clinical decisions, treatment plans, documentation, and ethical obligations (including the duty to warn/protect) are the sole responsibility of the licensed clinician. Nonprofit does not offer medical advice or clinical consultation.

                  4.3.         The Client acknowledges and agrees that all Affiliated and Unaffiliated Providers are independent contractors who are solely responsible for all aspects of the mental health services they render, including clinical decisions, documentation, and compliance with all applicable laws (e.g., HIPAA and state licensing regulations). Nonprofit is not the employer, supervisor, or principal of any Provider in a clinical capacity and explicitly disclaims all responsibility and liability for the quality, results, or conduct of the Services provided. The Client hereby releases Nonprofit from any and all liability arising from or related to the Services.

    5.        DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR PARTICIPATION IN ANY PROGRAM, GROUP, OR SERVICES PROVIDED BY NONPROFIT IS AT YOUR SOLE RISK. ALL SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NONPROFIT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

NONPROFIT MAKES NO WARRANTY THAT (I) THE SERVICES WILL MEET YOUR SPECIFIC REQUIREMENTS OR EXPECTATIONS; (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; OR (III) ANY ADVICE, OPINION, OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NONPROFIT OR THROUGH ITS SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. IN NO EVENT SHALL NONPROFIT, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, VOLUNTEERS, OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF EMOTIONAL WELL-BEING, PERSONAL INJURY, OR PROPERTY DAMAGE, ARISING OUT OF OR IN CONNECTION WITH YOUR PARTICIPATION IN THE SERVICES, EVEN IF JNONPROFIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE TOTAL AGGREGATE LIABILITY OF NONPROFIT TO CLIENT FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THE SERVICES SHALL BE STRICTLY LIMITED TO ONE HUNDRED US DOLLARS ($100).

    6.         Insurance. Nonprofit requires that all Affiliated Providers maintain professional malpractice insurance coverage in amounts customary for their profession and jurisdiction. The Client agrees that the Affiliated Provider's professional insurance coverage is the primary source of recovery for any claims arising from the Services provided. It is Client’s responsibility to confirm professional malpractice insurance coverage for Unaffiliated Providers.

    7.         Indemnification. The Client agrees to indemnify, defend, and hold harmless Nonprofit, its directors, officers, employees, agents, and representatives (the "Indemnified Parties") from and against any and all claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:

                  7.1.         Any breach of this Agreement by Client or their family members.

                  7.2.         Any and all Services, advice, acts, or omissions provided to Client or their Immediate Family Members by any Provider engaged or funded through this Agreement.

                  7.3.         Any injury, harm, or damage to property or person caused by Client or their Immediate Family Members.

    8.         Confidentiality.

The Nonprofit does not collect or retain any clinical documentation or Protected Health Information (PHI) related to the content of Services provided. All communication regarding clinical content, health status, and treatment goals must occur directly between Client and the Provider. Notwithstanding the foregoing, Nonprofit may receive basic confirmation of attendance from Provider as set forth herein.

    9.         Termination.

                  9.1.         The Agreement may be terminated as follows:

                                9.1.1.         By Mutual Agreement: The Parties may terminate this Agreement at any time by executing a mutual written consent.

                                9.1.2.         By Nonprofit: Nonprofit may terminate this Agreement at any time and for any reason with immediate effect upon providing written notice to Client.

                                9.1.3.         By Client: Client may terminate this Agreement upon providing fourteen (14) days written notice to Nonprofit.

                  9.2.         Upon termination of this Agreement by either Party, all Support and funding obligations of Nonprofit, except for that occurred prior to the date of notice of termination, shall immediately cease. Client shall have no claim against Nonprofit for any funding, or payments.

 10.         Miscellaneous.

               10.1.         Entire Agreement & Amendments: This Agreement contains the entire understanding of the Parties with respect to its subject matter. This Agreement may be amended or modified only by a written instrument signed by an authorized representative of each Party. 

               10.2.         Assignment: This Agreement shall be binding upon and inure to the benefit of the Parties and their respective successors and permitted assigns. Neither Party may assign this Agreement without the prior written consent of the other Party. 

               10.3.         Severability & Waiver: In the event any provision of this Agreement is determined to be invalid or unenforceable, it shall not affect the validity or enforceability of the remaining provisions hereof and the provision shall be reformed to be enforceable and reflect as closely as possible the intent of the original provision. Any waiver of compliance with the terms of this Agreement must be in writing, and any waiver in one instance shall not be deemed a waiver in any future instance. 

               10.4.         Governing Law & Venue: The interpretation and validity of this Agreement and the rights of the Parties shall be governed by the laws of the Commonwealth of Massachusetts, without giving effect to the principles of conflicts of law thereof. Any legal action or proceeding arising under this Agreement shall be brought exclusively in the state or federal courts located in Middlesex County, Massachusetts. 

               10.5.         Counterparts: This Agreement may be executed in two or more counterparts, each of which will be deemed to be an original, but all of which together constitute one and the same instrument. 

               10.6.         Survival: The expiration or termination of this Agreement shall not terminate the Parties' obligations under those provisions which by their nature are intended to survive termination. 

               10.7.         Force Majeure: Neither Party shall be held liable or responsible for any delay or failure in performance under this Agreement resulting from causes beyond its reasonable control, including, but not limited to, acts of God, strikes, war, terrorism, riots, government regulations, fire, flood, or pandemic. The Party affected by such an event shall provide prompt notice to the other Party and shall resume performance as soon as reasonably practicable. 

               10.8.         Notices: All notices or other communications required under this Agreement shall be in writing and shall be deemed given when delivered personally, sent by certified mail (return receipt requested), or sent via confirmed email to the addresses specified in the signature block of this Agreement.

By acknowledging below, the Client acknowledges that they have read and fully understand the terms of this Agreement in its entirety. The Client agrees to be bound by all terms and conditions set forth herein. The individual signing further represents and warrants that they possess the full legal authority to enter into this Agreement and to bind the Client to its obligations.