This Agreement for postpartum doula/newborn care specialist support services (“Agreement”), is entered into by and between Boston Birth Village LLC, a Massachusetts limited liability company, with offices located in Newton, Massachusetts 02459 (“BBV”) and (“You”) (collectively, “the Parties”). 

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1. Services.  BBV agrees to provide You with postpartum doula support services (“Services”) in accordance with the terms and subject to the conditions set forth in this Agreement.

  1.1 Scope of Services.  BBV will provide You with postpartum doula support in the weeks and months following childbirth. Your care may be provided by a single doula or by multiple doulas, depending on the schedule, length, and timing (daytime or overnight) of the Services You book. BBV will make every effort to provide consistent, compassionate care, whether through a single doula or a small team, with one member of the team designated as Your primary point of contact whenever possible.  The role of a BBV postpartum doula is to offer physical, emotional, and informational support to new families during the postpartum period. The Services are tailored to meet each family’s unique needs and may include:
 

• Assistance with newborn care, including feeding support, sleep techniques, bathing, swaddling, and diapering;
   

• Support with the transition to parenthood, including understanding infant cues and postpartum recovery;
   

• Help with light household tasks such as laundry for the baby, meal preparation, and tidying;
   

• Emotional support during this time of adjustment; and
   

• Sharing resources, referrals, and evidence-based information related to infant care, postpartum recovery, feeding, sleep, and parenting.
   

These Services will be provided during scheduled postpartum visits, as agreed upon by BBV and You.
 

  1.2 Non-Emergent Communications / Routine Questions.  BBV encourages open communication between You and Your postpartum doula(s). Your doula or team will establish a text or email chain so You can ask routine questions, share updates, and coordinate care. Reasonable and routine communications are considered part of the Services.  Please note: BBV doulas are not medical providers. In the event of a medical emergency or urgent health concern — for You or Your baby — You should contact a licensed healthcare provider or, if appropriate, call 911.

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2. Backup Doulas. BBV schedules Your postpartum doula(s) with Your needs, preferences, and availability in mind. In the event that Your assigned doula is unexpectedly unavailable for a scheduled visit (due to illness, emergency, or other unforeseen circumstance), BBV will make its best efforts to offer You coverage with an alternative postpartum doula (“Backup Doula”), based on availability. We will notify You as soon as possible if a Backup Doula is needed. If no suitable coverage is available, You will have the opportunity to reschedule the shift at a mutually convenient time. BBV may share relevant information about You and Your family with the Backup Doula to ensure appropriate support. While BBV strives for consistency, we appreciate Your understanding that occasional use of a Backup Doula may be necessary.
 

3. Limitation of Services.  At no point during the term of this contract or thereafter are BBV’s Services a substitute for the medical advice or care of a licensed healthcare provider. BBV postpartum doulas do not provide medical, nursing, or clinical services. The following are expressly outside the scope of BBV’s postpartum doula services:
 

• Providing medical or nursing advice or services, including but not limited to health checks, vital sign monitoring, postpartum exams, or newborn medical assessments;
   

• Diagnosing or treating postpartum symptoms, mental health conditions, or infant health concerns;
   

• Providing information, dosages, or advice concerning prescription medications, over-the-counter medications, herbal supplements, or alternative remedies for You or Your baby;
   

• Making medical decisions on Your behalf or communicating medical decisions to healthcare providers; and
   

• Providing transportation, translation/interpretive services, or childcare for other children in the household.
   

BBV postpartum doulas may share evidence-based resources and referrals but do not replace the role of a licensed healthcare or mental health professional.

4. Your Obligations.  
  4.1 Clear Communication.  You are obligated to provide honest and up-to-date communication about any relevant medical or emotional health conditions to BBV.
  4.2 Respectful Treatment of BBV and Doulas. You acknowledge that BBV’s doula(s) will be meeting with You in Your home. You agree to maintain a safe, non-hostile, and respectful environment for BBV and any BBV contractors or employees (“BBV Personnel”) at all times. For the duration of each visit, at least one parent or legal guardian must remain on the premises and available, and may not leave the home for more than 30 minutes unless otherwise arranged in advance with BBV.
  4.3 Cancellations/Rescheduling. If You need to cancel or reschedule a scheduled visit, You agree to provide at least 24 hours’ notice. Cancellations or rescheduling requests made with less than 24 hours’ notice may not be accommodated, and BBV has no obligation to reschedule or refund the missed visit. Additional short-notice cancellations may be billed in full or not rescheduled, at BBV’s discretion.
  4.4 Payment Terms.  All Services must be paid for in full prior to the start of services. BBV will refund 50% of any unused prepaid hours upon request, provided that the request is made at least fourteen (14) days before the next scheduled visit. No refunds will be issued for Services already provided. This policy helps us honor the time our doulas reserve for Your family, which often cannot be rebooked on short notice. 
 

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5. Acknowledgements.  You acknowledge the following: 

   5.1 Contracting with BBV for the Services outlined herein does not guarantee a risk-free, complication-free postpartum experience for You or Your baby. BBV does not make any specific health claims, promise any medical outcomes, or guarantee any particular postpartum or infant care experience.

   5.2 BBV’s Services do not include medical, nursing, or clinical care. At no time is the advice, information, or support provided by a BBV postpartum doula a substitute for the advice or care of a licensed healthcare provider.

   5.3 Neither BBV, its agents, nor its employees are responsible for the actions, decisions, or clinical care provided by licensed healthcare professionals or other third parties.

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6. Waiver and Release of Liability; Damages Cap.

  6.1 Waiver and Release of Liability.  In consideration for the Services furnished by BBV per this Agreement, You agree, on Your own behalf and on behalf of Your heirs, successors, and assigns, to expressly waive and release any and all rights, claims or causes of action now known or hereafter known, against BBV and its affiliates, managers, employees, agents, representatives, successors and assigns (collectively “BBV Releasees”) with respect to Your postpartum period and the Services.  By signing this Agreement, You covenant not to make or bring any such claim against BBV or any BBV Releasee, and forever release and discharge the Company and all other Releasees from liability under such claims.

  6.2 Damages Cap. Notwithstanding the waiver and release of liability outlined in Section 6.1, BBV’s liability for any claims, losses, expenses or damages arising out of or in any way related to this Agreement, regardless of the nature of the underlying claim, whether based on breach of contract, tort, strict liability, violation of law or otherwise, shall not exceed the total costs paid by You in connection with the Services.

 

7. Fees and Expenses.  

  7.1 Fee and Payment Schedule.  All payments must be made in full prior to the start of services. If payment in full has not been received by the date of the first scheduled visit, BBV reserves the right to withhold services until payment is received.

  7.2 Form of Payment.  Payments should be made via credit card through BBV’s website or via check to Boston Birth Village. 

  7.3 Expenses.  In the event that BBV incurs additional expenses, such as necessary parking fees, or procurement of supplies on Your behalf, BBV will issue an invoice for same, and will make any receipts or other charge details available to You upon request.  Payment for this invoice should be made within 30 days.

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8. Termination and Refunds.  

  8.1 Termination by BBV for Cause.  If You materially breach the Agreement, and the material breach is either not cured within ten (10) days following BBV informing You in writing of the material breach, or BBV deems that the material breach is incapable of being cured, BBV may terminate the Agreement immediately upon written notice to You.

  8.2 Termination By You Prior to Start of Services   You may terminate this Agreement at any time and for any reason upon written notice to BBV. If You terminate the Agreement at least fourteen (14) days prior to the start of Your first scheduled postpartum visit, BBV will refund 50% of any unused prepaid fees. No refund will be issued for termination requests received less than fourteen (14) days before services are scheduled to begin. This policy reflects the time and scheduling commitments BBV makes in advance on Your behalf. If any visits have already been provided or if BBV has incurred non-recoverable costs on Your behalf, those amounts will be deducted from any refund.

  8.3 Loss of Pregnancy.  In the event of a loss of fetus prior to labor (“Loss”) of Pregnancy, if You wish, You may contact BBV and request that a birth doula attend a dilation and curettage (“D&C”) procedure or a labor and delivery. BBV can also provide postpartum visits for support in case of a loss. Depending on the circumstances, Your interest in support from BBV, and the timing of the Loss, BBV will use its best judgment and work with You to address any refunds in a fair and reasonable manner.   

 

9. Consent to Disclosure of Confidential Information.  In connection with the Services You are contracting for hereunder, You hereby give permission for BBV to take and maintain written notes about You, including personal information You choose to disclose to BBV related to Your personal health, birth, and postpartum experience, as well as related information regarding Your newborn (“Your Birth/Postpartum-Related Information”).  You hereby grant BBV permission to share Your Birth-Related Information among BBV and the doula team for the purpose of providing the Services.  You also acknowledge that Your Birth/Postpartum-Related Information may be used in an anonymous fashion (“Your Anonymized Information”) for data collection for statistical purposes.  You also understand that BBV may use Your Anonymized Information for internal, teaching purposes – i.e., to share lessons learned and help to guide peer doulas and future clients.  

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10. Miscellaneous.  

  10.1 Notice.  All notices, requests, waivers and other communications made per this Agreement shall be in writing and shall be deemed delivered, given and received when delivered by e-mail to the e-mail address set forth beneath the name of such party on its signature page to this Agreement (or to such other address, e-mail address or facsimile telephone number as such party will have specified in a written notice given to the other parties hereto).  Notice to BBV should be delivered to shira@bostonbirthvillage.com and yaffa@bostonbirthvillage.com.   Notice to You should be delivered to your email address. 

  10.2 Waiver.  A Party's waiver of a breach of the Agreement shall not constitute a waiver of any other breach of the Agreement.  A Party's failure to insist upon strict adherence to any term of the Agreement on one occasion shall not constitute a waiver of that Party's right to subsequently insist upon strict adherence to that term of the Agreement. Any waiver must be in writing and signed by the Party against whom enforcement is sought.

  10.3 Merger and Modification.  This Agreement sets forth the entire, final and exclusive agreement between the Parties as of the Effective Date with respect to its subject matter, and cancels and supersedes all prior and contemporaneous agreements, understandings, negotiations, and discussions, whether written or oral, between the Parties.  The terms of the Agreement may not be changed except by a written agreement executed by both Parties.  

  10.4 Assignment.  Neither Party may assign or otherwise transfer the Agreement, in whole or in part, without the prior written consent of the other Party.

  10.5 Governing Law.  The Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts (without regard to its conflicts of laws principles).  The Parties agree that any action or proceeding arising out of or in any way relating to the Agreement must be brought in Boston, Massachusetts.  This choice of venue is intended by the Parties to be mandatory and not permissive in nature.

  10.6 Severability.  If any provision of the Agreement is determined by a court to be illegal, invalid or unenforceable, then the remainder of the Agreement will not be affected thereby.  Under the circumstances described in the preceding sentence, the Parties will endeavor to agree on a substitute provision that is legal, valid, and enforceable and materially the same in meaning.

  10.7 Force Majeure.  BBV shall not be liable for any delay or failure to perform under the Agreement to the extent the delay or failure results from circumstances beyond its reasonable control.

  10.8 Counterparts and Electronic Signatures.  The Agreement may be executed in duplicate counterparts, each of which will be deemed to be an original and both of which, taken together, will constitute one and the same instrument.  Counterparts may be executed in either original or electronic form, and the Parties hereby adopt as original any signatures received in electronic form.

  10.9 Effective Date.  The Effective Date of the Agreement is the date on which You sign the Agreement.

  10.10 Survival.  The sections of this Agreement that by their nature are intended to survive its expiration or termination, including Sections 3.5, 5, 6, 8, 9.1, 9.2, and 9.5.

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IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the Effective Date.

 

 

BOSTON BIRTH VILLAGE LLC

 

By_____________________

Name:

Title:

Date Signed:

 

 

 

[CLIENT NAME]

 

 

Date Signed: