Liability
Workplace insurance is provided through WorkSafe BC under Community Plus Care Ltd.- The Payor and Client agree that Community Plus Care Ltd. employees may transport the Client in their own vehicles, as outlined in the Client’s care plan. Community Plus Care Ltd. requires that all employees transporting clients maintain a valid driver’s license and current vehicle insurance covering business use. The Payor acknowledges that Community Plus Care Ltd. assumes no responsibility for incidents arising from such transportation except where directly caused by the employee's proven negligence.
- If any client services are submitted for reimbursement to an insurer, the Payor agrees to cover all non-covered services. Community Plus Care Ltd. is not responsible for confirming insurance payments. The Payor is solely responsible for monitoring policy limits and agrees to pay for any services not covered by insurance.
- The Payor(s) agree to indemnify and hold Community Plus Care Ltd. harmless from all claims, demands, losses, or liabilities (collectively, “Claims”) arising from services under this agreement, except where such Claims are solely due to Community Plus Care Ltd.’s proven negligence or intentional misconduct. This clause is intended to be as broad as allowed under applicable law and will survive agreement termination.
- Scope of Indemnity: Applies to any Claims related to acts, errors, or omissions by Community Plus Care Ltd.’s employees or agents acting within their duties.
- Exclusion of Damages: Community Plus Care Ltd. shall not be liable for indirect, incidental, or consequential damages, including lost profits or business, regardless of foreseeability.
- Legal Costs: Payor(s) shall cover Community Plus Care Ltd.’s reasonable legal fees and costs on a solicitor-client basis if indemnification is required.
- Liability Cap: Total liability shall not exceed the amount paid by the Payor(s) in the last twelve (12) months, except in cases of gross negligence or willful misconduct.
Pro-tip: Using an uninsured care provider or contractor comes with high liability if an injury occurs.