VAWA Document

VAWA DOCUMENT

Parties

Service Provider Name:

Client Name:

Effective Date:

Recitals

WHEREAS, Service Provider is engaged in the provision of legal advocacy, case management, safety planning, housing assistance and related supportive services to individuals who are victims of domestic violence, sexual assault, dating violence or stalking; and

WHEREAS, Client is a recipient of services covered under applicable protections for victims and requires assistance that may involve disclosure of sensitive personal information, and the parties desire to set forth the terms under which Provider will perform such services consistent with all confidentiality obligations; and

WHEREAS, the parties intend that the provision of services under this Agreement shall comply with applicable legal obligations governing confidentiality, non-discrimination, and protections afforded to victims of violence.

Scope of Work

Service Provider will perform the services described below for Client. The parties agree that the scope may include, but is not limited to, intake assessment, safety planning, referral to legal services, assistance with housing applications, preparation of documentation necessary for immigration benefit claims where applicable, and coordination with other service providers.

Payment Terms

Client shall pay Provider for services rendered under this Agreement in accordance with the following terms. All sums are payable in United States dollars unless otherwise agreed in writing.

Unpaid amounts not received within ten (10) days of the due date shall accrue interest at the rate of per month (or the maximum permitted by law, if lower). Provider reserves the right to suspend services after providing written notice of nonpayment.

Term and Termination

This Agreement shall commence on the Effective Date and continue until the earlier of completion of the Scope of Work or the Term End Date set forth below, unless earlier terminated in accordance with this Agreement.

Either party may terminate this Agreement for material breach by the other party if the breaching party fails to cure such breach within the notice period specified above. Provider may terminate immediately if continuation of services would endanger staff or third parties, or if required by law.

Confidentiality

Provider acknowledges that in providing services under this Agreement it will have access to confidential personal information of Client, including but not limited to identity, addresses, contact information, case notes and other records. Provider shall:

(a) maintain all such information in strict confidence and use it solely for the performance of services under this Agreement; (b) not disclose such information to any third party except with the prior written consent of Client or as permitted by law; and (c) implement administrative, technical and physical safeguards appropriate to the sensitivity of the information.

Notwithstanding the foregoing, Provider may disclose information where required by a valid court order or where disclosure is necessary to prevent imminent harm to Client or others, provided that Provider discloses only the minimum necessary information and, where feasible, provides advance notice to Client.

Breach of this confidentiality clause will entitle the non-breaching party to injunctive and other equitable relief, in addition to any other remedies available at law or in equity.

Compliance and Representations

Each party represents and warrants that it will comply with all applicable federal, state and local laws and regulations applicable to its performance under this Agreement. Provider represents that it has the necessary training and qualifications to provide services set forth in the Scope of Work and that it will exercise reasonable care and professional skill in delivering those services.

Indemnification and Limitation of Liability

Client shall indemnify and hold Provider harmless from claims arising from Client's actions or omissions. Provider shall indemnify and hold Client harmless from claims arising from Provider's gross negligence or willful misconduct. Except for liability arising from willful misconduct, gross negligence, or breaches of confidentiality, neither party shall be liable to the other for consequential, incidental, or punitive damages.

Notices

All notices required or permitted under this Agreement shall be in writing and shall be delivered to the addresses set forth above or to such other address as a party may designate in writing.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of without regard to its conflict of laws principles.

Entire Agreement; Amendments

This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements and understandings, whether written or oral. Any amendment to this Agreement must be in writing and signed by both parties.

Miscellaneous Provisions

If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect. The parties acknowledge that monetary damages may be an inadequate remedy for breaches of confidentiality or other obligations and agree that equitable relief may be sought in addition to damages.

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