SIMPLY BATHING, LLC

TERMS OF SERVICE AGREEMENT

Effective October 22, 2024

1. Services

The Company is a private in-home personal service company and does not provide any services that require the exercise of medical or nursing judgment. Subject to the terms and conditions set forth herein, the Company agrees to provide to Client non-medical personal bathing services as selected by the Client on the Company’s website (the “Services”).

2. Termination

This Agreement may be terminated by the Company or the Client at any time. Upon the termination of this Agreement, the Company will refund any Fees paid by Client for Services not performed by the Company. Any termination of this Agreement shall not affect any provisions that survive the termination hereof, including, without limitation, the Company’s right to receive payment of Fees earned through the date of the Termination.

3. Fees

As a condition to the Company’s performance of the Services, Client shall pay the Company the non-refundable fees for the Services through the Company’s website (the “Fees”). The Company reserves the right to withhold performance of the Services in the event of Client’s failure to deliver the Fees as required herein. The Services are private pay only. The Company does not bill third party payors or accept Medicare, Medicaid, or any other form of insurance.

4. Obligations of Company

The Services will be provided by a bathing assistant trained to provide the Services (“Bath Aide”). The Bath Aide to provide the Services to the Client shall be determined on a case by case basis and shall be agreed upon by both the Company and Client. The Company or the assigned Bath Aide will discuss the Client’s preferences regarding the services and answer all of the Client’s questions.

5. Obligations of Client

The Client agrees to allow a Bath Aide of the Company into Client’s home or other temporary accommodation setting to provide the Services. The Client may not solicit the Bath Aide to perform any attendant services, assistance with activities of daily living, or other in-home personal services which do not fall within the scope of the Services. The Client shall not be medically fragile and will provide accurate information to the Company and the Bath Aide to ensure the Bath Aide is able to provide the Services to the Client in a safe and comfortable manner.

6. Privacy Rights

Collected personal information will be utilized to ensure the Client receives quality Services. The Client has the right to have Client’s personal information kept confidential. The Company and its bath Aides shall maintain the privacy of any personal information disclosed by the Client.

7. Disclaimers

Client acknowledges that the Services provided by the Company are not professional medical advice or medical services. In the event Client has questions or concerns regarding medical conditions, Client is advised to consult a licensed health care provider. The Company does not make legal or medical decisions for the Client and shall not be liable for any consequences accruing as a result of the legal or medical decisions made by the Client, the Client’s legal representative or licensed health care provider.

8. Limitation of Liability

In no event shall the Company, its owners, members, managers, employees, agents or affiliates be liable for any claims, demands, costs, liabilities, expenses or damages (including attorneys’ fees) arising out of, or in connection with the performance of the Services.

9. Governing Law; Enforcement Costs

The terms of this Agreement shall be governed by and construed under the laws of the State of Nebraska. The prevailing party in any action brought under this Agreement shall be entitled to recover from the other party reasonable attorney's fees, costs and necessary disbursements.

10. Entire Agreement

This Agreement constitutes the entire agreement of the parties with respect to the subject hereof. This Agreement supersedes all prior negotiations and agreements, oral or written, between the Company and Client with respect to the subject matter hereof and cannot be amended, supplemented or modified except by an agreement in writing signed by the parties.

11. Partial Invalidity

The invalidity of any portion of this Agreement shall not affect the validity of any other provision. In the event that any provision in this Agreement is held to be invalid, the parties agree that the remaining provisions shall remain in full force and effect.

12. Construction

The headings and captions of this Agreement are provided for convenience only and are intended to have no effect in construing or interpreting this Agreement. The language in all parts of this Agreement shall be in all cases construed according to its fair meaning and not strictly for or against either party.

13. Nonwaiver

This Agreement constitutes the entire agreement of the parties with respect to the subject hereof. This Agreement supersedes all prior negotiations and agreements, oral or written, between the Company and Client with respect to the subject matter hereof and cannot be amended, supplemented or modified except by an agreement in writing signed by the parties.

Client hereby acknowledges by signing this Acknowledgement and Acceptance that (i) Client has received a copy of the Simply Bathing, LLC, Terms of Service; (ii) Client has read the Terms of Service; and (iii) that in consideration for receipt of the Services, Client hereby agrees to be bound by and to comply with the Simply Bathing, LLC, Terms of Service.

Client Printed Name: ____________________________________

Client Signature: ____________________________________

Date: ____________________________________

Address: ____________________________________

Email: ____________________________________