Letter of Agreement - Contract
Letter of Agreement
This Letter of Agreement serves to clarify expectations and responsibilities between you, the client, and me, your birth doula. It ensures a clear understanding of the support I will provide throughout your pregnancy, labour, birth and postpartum period.
About Me as Your Doula:
I am not a medical professional but rather a birth doula, dedicated to enhancing your birthing experience through emotional and physical support. I will draw on my experience and knowledge to offer comfort, information, and encouragement during your journey. I am here to help you make informed decisions by providing evidence-based information and resources.
Scope of Support:
During your pregnancy, labour, birth and postnatal period, I am fully committed to serving your needs and preferences. My role is to support, not replace, your medical care providers. I will not perform any clinical procedures or medical assessments.
Waiver of Liability:
As the express condition of my performance of services under this agreement, you agree, on your own behalf and on behalf of all persons or entities you may bind under Australian law, to waive and hereby do waive any rights, claims or causes of action that you may have against myself as your doula now and in the future with respect to your pregnancy, birth, postpartum period or the services I may provide and/or fail to provide to you. You expressly understand that, as a doula, I am not a medical professional and therefore cannot and will not provide you with medical care or advice.
Communication:
Feel free to contact me through various channels: phone, text, Facebook or Instagram messages, or email. Text messages will not be received after 9 pm due to my notifications being off, but you can call me at any time, and your phone call will "break through" my silenced phone. Please phone me if you believe labour is starting or you have any urgent matters.
Prenatal Visits:
We will have meetings to get acquainted, discuss your birth preferences, and plan how you envision your support team during labour.
On-Call Period:
I will officially be on-call for you from 38 weeks until you have given birth, (two weeks before your estimated due date and up to two weeks after your baby is due). My doula bag is always packed and ready but depending on the time of day; I can need up to 60 minutes (plus travel time to get to you), so you must allow for this and let me know if you think you are in early labour - keeping in communication is important. Please keep me updated during early labour, as it helps me plan and arrange my family's needs so I can leave them to be with you.
Your Labour:
During early labour, I recommend staying at home, resting, and updating me on any changes. Call me when you feel you need my support, and I will join you promptly.
Hospitals & Caesarean Birth:
I can accompany you to the hospital and stay with you until the birth. If a caesarean birth is necessary, I will support you and your partner according to the hospital's policies.
Unforeseeable Circumstances:
In case of unforeseen circumstances preventing me from attending your birth, I will arrange a backup doula to support you. We will discuss backup doula options in advance. You will not be required to pay for the backup doula.
Postpartum Period:
I will be available for postpartum visits to debrief the birth experience, address any concerns, and offer guidance on baby care and breastfeeding. The number of visits is determined by the package you choose.
Mutual Respect:
Our relationship is based on mutual respect, open communication, and trust. I reserve the right to withdraw my services if I feel misled or mistreated.
Payment Terms & Refund Policy:
To secure your place, a $1000 deposit is required upon signing this agreement, with the balance due by 36 weeks. If fees have not been finalised, I cannot go on call at 38 weeks. Refunds will be provided in specific circumstances outlined below. Once you book my services, and pay the deposit, other potential clients are then declined and referred to my birthing colleagues.
I will do everything in my power to be available for your birth. However, I may offer a partial refund in the unlikely event that:
Due to unforeseen circumstances I am not able to attend the birth and my back up doula is also unable to attend. If my backup doula attends the birth, you will not be asked to pay any more. A refund will not be provided if you decide not to use the backup doula..
I have to leave early due to a family emergency (and my back-up is not able to fill-in for me) I may refund a portion of the fees for any unused support agreed upon. If I have not been able to attend the birth and a refund has been agreed upon, this does not void our contract and I will still provide postpartum support as part of my birth support package.
No refund will be provided if you fail to contact me or give me enough time or warning to attend your birth, or decide that you no longer want me to attend. If I arrive within 120 minutes of you requesting me to come and you have already had the baby, there is no discount or refund.
My support at your birth is unlimited; however, it is necessary to exercise common sense with this. In the rare instance of a birth going for an extremely long time (more than 15 hours) it may be necessary for me to leave in order to arrange further childcare, to attend to my family, or to get some rest. In this instance, I will communicate openly with you about the situation and ask for your understanding. I may be able to arrange my back-up doula to fill in for me during the short period I am unavailable (there is no extra charge for this).
You acknowledge that you are still required to pay the full doula fee in the event of extraordinary circumstances, which results in a caesarean birth.
Content Warning: Miscarriage
In the unfortunate event of a miscarriage, I understand that this can be an emotionally challenging time. I am here to offer compassionate support and understanding. Regarding any refunds, I will handle each situation on a case-by-case basis, taking into consideration individual circumstances and maintaining our relationship built on trust and respect. Please feel free to discuss this with me if the need arises, as your well-being is my priority.
Elective Caesarean:
If you have signed this Letter of Agreement and then decide to have an elective caesarean birth, I will continue to support you leading up to your birth. Your service will be modified to provide you with a Positive Caesarean Birth Coaching Service. In the case of a planned caesarean section, I can still provide support at the hospital during pregnancy, during the birth (if the hospital allows) and after the birth.
Dispute Resolution:
We both agree, that in the unlikely event that a dispute should occur between us, that all disputes shall be resolved pursuant to Western Australian law and that, except as otherwise indicated below, the parties to this agreement are not entitled to and shall not receive attorneys fees and/or expenses arising from any such dispute.
Responding to Subpoenas and Other Requests for Information:
If I am required to respond to a subpoena of my records relating to services I performed for you, or to testify by deposition or otherwise concerning such services, you agree to reimburse me for my time and all expenses incurred in responding to any such demand, including, but not limited to, loss of earnings, appearing at depositions or hearings, or retaining an attorney.
Disclosure of Communicable Diseases:
We agree to disclose any communicable or infectious diseases that either of us have so we can take the necessary precautions to protect ourselves.
COVID-19:
As of February 2024, COVID-19 is not affecting the birth space in Western Australia. I will keep you updated if there are any changes in guidelines.
Childbirth Education:
I will work with you to ensure you are educated and informed about childbirth. My online course and workbook provide valuable resources and will form the backbone of you childbirth education. As birth is a very unpredictable process, you understand that as your birth coach, I am not responsible and cannot guarantee the outcome of your labour and birth. It is your responsibility to do as much preparation and education to achieve a positive, calm birth.
Confidentiality:
All your personal information will remain confidential. I appreciate receiving your birth stories and photos with your written approval for sharing on my website and social media.
By signing below, both parties acknowledge that they have read, understood, and agree to the terms outlined in this Letter of Agreement.
Payment Options
Payment of all fees can be made through the following:
DIRECT DEBIT: BSB 036-032
ACCOUNT: 684763
ACCOUNT NAME: Bronwyn Walker
DESCRIPTION / DETAILS – PUT YOUR NAME