1. DOULA SERVICES: As your doula service provider, The Happiest Doula, LLC (hereafter "us" or "we") shall provide the following services to the Client (“you”):
(a) PRE-LABOR SERVICES: We will hold a Birthday Planning meeting around the 35th gestational week to become familiar with your plans for labor, birth, and postpartum. We will also want to know your best ways of coping with pain and fatigue and any other information you'd like to share so we can best support you.
Our regular communications with you will include the use of telephone, text, video, and email.
If your main/primary doula cannot assist you during active labor, we will provide a backup/secondary doula. We will provide you with the name(s) and telephone number(s) of your backup doula(s) at our prenatal meeting. The entire team's contact information is posted in the membership portal.
(b) LABOR AND DELIVERY SERVICES: As birth doulas, we do not perform clinical tasks, such as blood pressure readings, fetal assessments, cervical exams, etc. If permitted, we provide for your physical comfort, emotional support, and advocacy. We do not make decisions for you. We will help you get the information necessary to make informed decisions.
We prefer that you contact your primary doula when you believe you are in labor, even if you do not yet need in-person support. We can answer your questions and make suggestions over the phone. Together, we will decide whether we should come to your home or wait for further notice from you of change.
You should expect that it will generally take from one to two hours to get to you from the time you request our presence. Except for extraordinary circumstances or short breaks, we will remain with you throughout your labor and birth.
Due to the imprecise nature of due dates, you understand, acknowledge, and agree that when your due date is near, we are ‘on-call’ for you (meaning that we maintain a state of being ready, willing, and able to meet you within the time frames noted above). You further understand, acknowledge, and agree that the fees for our services include us being ‘on-call’ for your child’s birth (even if you ultimately elect not to have us join you for the birth or fail to otherwise notify us that you are in labor). Due to the nature of inductions, you may be at the hospital for several hours or days without needing your doula’s presence. Be sure to stay in communication with us so we can provide tips for comfort and progress. Together, we will decide when it is best to join your labor.
(c) POSTPARTUM SERVICES: After your birth, we will remain with you for a reasonable period of time or until you are comfortable and your family is ready for private time together. We can assist you with body feeding and the initial latch, if necessary. We are available for phone and email contact to answer any questions you may have.
We also would like to follow up with you to see how you are doing, review the birth, and get feedback from you about our role as your doula. At our postnatal visit, we plan to discuss feeding, provide guidance and necessary resources, as well as make improvements to optimize the body feeding and postpartum experience.
2. COMPENSATION: As compensation in full for the services described herein, you shall pay Two Thousand Five Hundred Dollars ($2,500.00) for the Childbirth Support Package.
Should you pay the full fee of $2,500.00 and prior to eight (8) weeks of your estimated due date, choose not to use us as your doula service agency, you understand, acknowledge, and agree that we shall retain the following amounts for time expended/services rendered: One Thousand Five Hundred Dollars ($1,500.00), and upon your notice in writing of our release from service, we will refund to you One Thousand Dollars ($1,000.00).
Should you pay the full fee of $2,500.00, and choose not to have us present at the birth, you understand, acknowledge, and agree that upon your notice in writing of our release from providing childbirth services received at least seven (7) days prior to your child's birth, we will provide you with a total of fifteen (15) postpartum support hours to help you adapt to your new role as parent(s). This postpartum service time can be used across 2-3 visits with a minimum shift of five (5) hours; all visits are to be completed within two (2) weeks following your child's birth. These visits can be scheduled during the daytime to help you learn about infant care and feeding, and can also be scheduled to overlap nighttime hours while you are sleeping.
If you do not send written notice of our release from providing doula service or fail to contact us to join you during active labor, you understand, acknowledge, and agree that you will not be refunded any amount nor will there be an exchange of services.
During active labor, if your primary and backup doulas are unresponsive to your request for in-person support, we will refund to you One Thousand Five Hundred Dollars ($1,500.00).
A fee of One Hundred Twenty-Five Dollars ($125.00) shall be incurred for each additional hour of in-person labor support beyond the allotted 18 hours in each service package. We will provide you with an invoice to remit payment within 15 days.
You understand, acknowledge, and agree to pay a fee of Two Hundred Fifty Dollars ($250.00) should you decide to change your assigned primary doula after seven (7) days of signing this agreement.
3. EMERGENCY DELIVERY: In some circumstances, labor progresses more quickly than anticipated. If your baby arrives unexpectedly at home with us present, you understand, acknowledge, and agree that you or your partner shall be solely responsible for the delivery of your baby. After the birth, we can help you arrange transport by ambulance to the hospital. We are not responsible for delivering your baby or performing any clinical skills related to the delivery of your baby.
4. RELATIONSHIP BETWEEN PARTIES: When paying for doula service provided by The Happiest Doula, LLC, you hereby acknowledge that service may be provided to you in your home, traveling to a medical facility, hospital, and/or birth center. You understand that we have a limited role pursuant to the description of the task outlined in the above-referenced contract wherever services are provided to you. You understand, acknowledge, and agree that we have not represented that retaining our services guarantees in any way, a risk-free or emergency-free labor and birth experience. You understand that your doula does not make medical or nursing decisions on your behalf, to include the decisions when to seek medical care at a hospital or birth center when labor support services are provided in your home. When service is performed in your home or a medical facility, you acknowledge that we are not responsible for the performance of clinical tasks to include medical or nursing decisions regarding the inclusion or exclusion of treatments available to you and your baby. You hereby acknowledge that we are independent contractors. Nothing in this agreement makes us partners, joint venturers, employer-employee, or the like.
5. RELEASE; LIMITATION OF LIABILITY: Now, therefore in consideration of the above acknowledgments, you hereby RELEASE AND FOREVER DISCHARGE The Happiest Doula, LLC, its members, agents, and contractors from all damages or causes of action, either at law or in equity, which you may have or acquire or which may be accrued to you, your heirs, administrators, personal representatives, executors, or assigns as a result of using the doula services provided by The Happiest Doula, LLC. You intend this to be a COMPLETE RELEASE AND DISCHARGE of us from all liability whatsoever. You have read all statements contained herein and you fully realize that you are agreeing to a COMPLETE RELEASE AND BAR to any claims resulting from this Agreement for doula service. You understand, acknowledge, and agree that in no event shall The Happiest Doula, LLC’s liability to you for any matter arising hereunder exceed the total amount you paid for retaining our services.
6. CONFIDENTIALITY: The parties and their attorneys shall keep the specific terms, conditions, and covenants of this Agreement confidential except (i) where mutually agreed to in writing by the parties; (ii) where necessary to share such information with the parties’ accountants or attorneys; (iii) where disclosure to a governmental entity is required; or (iv) where disclosure is ordered by a court of competent jurisdiction. The parties and their attorneys shall not communicate with anyone associated with any media or publication entities concerning the terms of this Agreement. This confidentiality provision is a material term of this Agreement, and its violation shall constitute a breach of this Agreement.
7. NON-INFRINGEMENT: The Happiest Doula, LLC represents, warrants, and covenants that it shall perform its responsibilities under this Agreement in a manner that does not infringe, or constitute an infringement or misappropriation of, any patent, copyright, trademark, trade secret, or other proprietary rights of any third party.
8. GOVERNING LAW: This Agreement shall be construed in accordance with the laws of the State of Florida applicable to agreements, which are executed and fully performed within said State.
9. ENTIRE AGREEMENT: This Agreement shall replace and supersede all previous arrangements, understandings, representations, and agreements, either oral or written, regarding the subject matter herein and expresses the entire agreement between you and us with reference to the terms and conditions for our services in connection with your pregnancy, childbirth, and the immediate postpartum period.
You are the Client. By paying for this service, you shall confirm this Agreement with The Happiest Doula, LLC.