Terms and Conditions
BACK UP PHONE NUMBERS:
Anita Hernandez: 254-245-4381
Dulce Call line: 631-533-4977
Your doula is not acting as a licensed medical professional. Although your doula may hold a license as a midwife, when she is acting in the role of a doula, her role is in only the scope of practice as a doula and will always maintain in that role, even when offering advice.. If a situation arises that delivery may happen before your able to get to your delivery destination, 911 will be called and your doula will continue to only act in the capacity of a doula and not that of your care provider.
If you hire her for monitrice services, or request for monitrice services to be performed, the cost of those services are required to be paid by the client as soon as your doula requests it. (See monitrice section below).
These services are very distantly different from doula services and require additional paperwork to be signed beforehand.
We currently require that before any service is rendered that all doulas should have a signed release form
(Your initials on the information contract is that)from their clients before taking notes about them, their labor, birth or postpartum. In order to best serve our clients we require this to be signed upon joining our team and hiring us for services. Once you have completed your Client information form, you will receive a confirmation that we have received your form and a copy of the information you have submitted. All of our doulas (this means your back up doula) have access to our online database at all times and have access to their copies of your form at all time to insure that she is complying with the confidentiality regulations, if questioned. Confidentiality of medical and personal information obtained during the course of your doula's work is very important to us. If at any time failure to comply with these regulations could result in penalties or breach of contract and their contract risks being terminated.
I, _____________(client)*(by initialing the form you agree to this), give my permission, for the doulas at Austin Womb Service to take notes about me, including any personal information I choose to disclose to her and information regarding my labor, birth and postpartum, as well as any information regarding my child or children. I understand that this information will be shared with the doula that is providing backup support. I also realize that this information may anonymously be used for the for statistical purposes, and that the doulas at Austin Womb Service may use this information to provide you with a summary for your own personal use if you, the client, requests it.
We thank you for choosing Austin Womb Service for your doula services. The doula will provide labor support for client’s birth, or postpartum support after delivery. This contract includes all doulas working under the business name of "Austin Womb Service." Austin Womb Service reserves the rights to all coverage allowed from Austin Midwife, PLLC.
Our Doulas do not perform any clinical tasks or make any medical assumptions or decisions that the client and her healthcare provider decide upon during the client's pregnancy, labor, and delivery as well as the postpartum period. Your doula will not speak for clients to the medical staff but instead lead discussion in manner to open conversation between parents and providers, but will discuss concerns with the clients directly and provide information to help you, as the client, make your own decisions before and during labor. The client understands that the doula is not responsible for clinical outcomes of any kind. Your doula is only able to come to you in labor when you ask for her. She can not tell if you need support by vague questions and you have to specifically ask for her to join you when you need support. She then has the allotted 2 hours to get to you from the time she agrees to join you. (This is in case you are asking for support but do not need it yet, she is with another client or to make sure she is able to find care for her children before leaving to join the client, traffic or any other reason that could arise, all doulas ask for travel time to be able to get to their clients). It is not at the fault of the doula if the client does not directly ask for the doulas support early enough for her to arrive at an optimal time, especially in situations where clients experience a very fast birth. You will find that the contract states that she is within her limitations if she is to arrive within 2 hours after being asked to come for support (or offer to provide back up if she is not available when support is requested).
Your doula is also not responsible for loss of communication if the client does not decide to keep her up to date or if the client does not reach out to her. It is the clients responsibility to insure that all meeting are scheduled and all services are rendered, but Austin Womb Service will make every effort to ensure that services are rendered. The doula is not responsible for any un-received emails, texts, or phone calls that the client fails to receive. She (the doula) is unable to know if any of the communication is received on the clients end if the client does not respond to her. If the client does not reach out or respond to the doulas attempts (although not required, the doula will attempt to reach out to schedule appointments) then the doula assumes that the client is not interested in having the appointment or service and will document on the clients file that she refused the service. There will be no refunds for any refused services (or presumed refusals), unless a deal was made in writing before contracts were signed or the client requests that the funds be transferred to a different service provided by the doula in writing ( at the doulas discretion and approval ).
Birth Doula Services
Your doula will accompany you "the client" to labor to help you when you request our attendance and support. Your doula will use her own experience and knowledge to provide physical, emotional and informational support to you and your partner during your pregnancy as well as during your labor and birth. We are your doula and do not have any ties with your providers or hospital and therefore have no agenda for the outcome of your labor. As soon as the client thinks she is in labor, day or night, she may call the Austin Womb Service number 512-710-WOMB (9662) multiple times before assuming that your doula will join you "the client" and she "the doula" must agree that she" the doula " is going to join you at that time. If any additional services are rendered by the doula, you as the client as responsible for payment and they will automatically be rendered into your contract. If the doula does not answer the phone the first time, please call back multiple times until she answers the phone or responds in a message. If after multiple failed attempts, please call the back up numbers provided.
Postpartum Doula/Night Nanny Services
Postpartum Doula’s will offer full time support with infant care, breastfeeding, sibling care, meal preparation, laundry, light housekeeping, emotional support, home organization, errand runs and safety tips. Postpartum doulas promote time for infant and family bonding while creating a sense of balance and organization during your recovery period. Night Nannies provide full time infant care on the overnight shift so parents can sleep.
Doula does not perform any clinical tasks or make any medical decisions that client and her healthcare provider may make during client’s pregnancy, labor, and delivery. Doula will not speak for client to medical staff, but will discuss concerns with client and provide information to help client make decisions before and during labor. Client understands doula is not responsible for clinical outcomes.
Client knows that hiring a doula does not guarantee that a client's experience will be positive, but your doula will do everything in her power to provide you the services she is hired for. If a specific comfort measure is desired for labor it is a good idea for both parties to know what the clients expectations are so that the doula can try to fulfill the request. Doulas cannot read your mind. If something is important to you, please let your doula know as we wish to be able to fully support you!
We ask that if you are unsuccessful at reaching your doula the first 3 times that you please do not stop calling your doula until you are able to get a response from her. If needed you are provided here with the number to her partner and her back up to make sure that you can reach or get a hold of her back up support.
Once your doula says she is on the way to join you "the client" She has 2 hours (During labor and within 4 hours of baby being born) to get to you before she resumes the responsibility of a refund for not providing the service she was hired for. and if for any reason she is still unreachable you can contact the owners phone directly at 512-710-9662 or back up numbers listed above(only after all failed attempts) The 2 hour window is not necessarily how long it will take to get to you,
but it is a "in case of emergency clause" used by all doulas in town to ensure that we are able to get to you when support is needed.
By signing up for services you consent for a picture of you/and or your baby to be posted on our Austin Womb Service Facebook/Instagram page or website with/out personal identifiers that may include your babies first name and/or birth weight as a birth announcement.
If you wish to withdraw your consent please do so in writing. Some photos are also published on the website to show congratulations as well if allowed by the clients.
Definition: A monitrice is a clinically trained birth professional who provides monitoring services in the home, for women who plan to labor at home, but deliver in the hospital. The role of the monitrice is to ensure the process of labor moves along within safe parameters, checking maternal vitals, hydration levels, and progress, upon request or at regular intervals. She also performs clinical monitoring of the baby by listening to and interpreting fetal heart tones on the handheld doppler, through intermittent auscultation. She will assess well-being and progress and communicate with the family. The family will determine when to leave for the hospital in order to achieve their individual goals. The monitrice may recommend therapeutic, herbal, or homeopathic remedies. If a health condition arises, the monitrice will communicate these issues to the family and assist them with the transition to the hospital. Every effort is made to keep the process of birth joyous and empowering.
Your monitrice, just as a midwife or doula is not responsible for the outcome of your birth. They are there to care for you and your baby for YOUR BIRTH. They will give you all the necessary information for you to make an informed decision for your birth and will support you in those wishes within the scope of their practice.
if an emergency arises at home, or the baby comes faster then expected before making it to your birthing destination, your midwife will call 911 to insure you are safe and protected. If you decide to hire your monitrice to offer full spectrum birth support you will then be responsible for full payment of Midwifery services ($3800) due asap and paperwork has to be filled out and payment in full BEFORE delivery.
Scope of practice:
A doulas scope of practice is different then that of a midwife or monitrice. When you are hiring our services for doula services, although she may be a midwife, she is acting as that of only a doula, unless you agree upon upgrading your services. When you sign up for services you are agreeing upon the understanding that your hired services is what you are getting from her. She will not act like your midwife, unless she is providing midwifery support to you. She will not provide midwifery support to you in the hospital if she your doula because she is not your midwife and you are under the care of a different provider. If you have any desire for additional services you will have to speak with us before those services are rendered and sign the necessary forms. By agreeing to the terms and conditions you are agreeing to release your doula from any and all liability in your care.
Because of the nature of this business, all appointments are subject to change at a moments notice. We ask that you please give us 24 hours notice before any canceling or rescheduling of your appointment, but we also ask that you have the understanding that we will always try our best to give you as much notice as possible. It is sometimes just not possible. On occasion we have to reschedule appointments to help assist clients in labor and may have to move appointments around the day of. I assure you, that we will most likely have to move other clients appointments around when we are called to support you in labor too. So please believe that we do not like having to shift appointments around, but we do so that we can be available to support clients, and will do so that we can be available to provide you with support as well!
No refunds are available after 3 days from the date of purchase for any services, No matter what the reason.. By purchasing your package you agree to these terms even if you state you "were previously unaware" of this policy.
100% of the amount paid is deemed non refundable if the reasons for services not being rendered are at the fault of the clients (example: client forget to call, decide they don't want the doula there or a change in birthing options. Whatever the reason from the client be).
The non refundable deposit of %50 the cost of the service is still non refundable even if services are NOT rendered. It is a non refundable deposit to insure availability of services.
If the doula agrees beforehand, an amount can be transferred to pay for postpartum support if support is not provided by doula within 4 hours of the birth of the baby or back up is not provided.
The owner can deem that **for any services not provided - the non refundable fee ** can be transferable to pay for other services offered by our company if agreed upon by the business owner.
Feedback policy non disclosure agreement
Our feedback system plays a key role in keeping our business a safe and trusted marketplace, and we’re committed to ensuring it isn’t misused.
Our feedback policy protects both customers, clients and our business by preventing the use of feedback as a tool to force demands on anyone who utilizes our services.
Customers or clients are not allowed to threaten to use feedback or detailed ratings in an attempt to force a seller into providing refunds, additional services or any other things. This includes Goods or services that weren't included in the original item's description or purchase price, A return, refund, or replacement item not covered by the original listing. This includes a refund for a services that a refund does not qualify for, or because of their experience with the doula.
By signing this non disclosure agreement you agree that you or any member of your family will never use, threatened or otherwise feedback or feedback extortion in any way. We understand that client's like to make sure others in their community are aware of their experiences, but by signing this form you agree that slander, libel, hate speech, or any negative content will not be posted, written or sent in anonymously or spread to anyone, on any website, review site or any other outlets this includes state or licensing agencies and signing this contract you agree to such, even if relationship between the client and the doula do not continue. This includes trash talking your doula to anyone from the moment you sign this document and without an ending time even if consent is revoked for the additional material covered in this agreement.
If there is a problem with a transaction, the customer or client should report the problem directly to the owner of Austin Womb Service or Austin Midwife, PLLC and can also submit a feedback form on our website to include detailed information about the problem. This agreement is to be used to help the client and doula relationship by helping us to work TOGETHER to solve the issue and this policy is in place to insure that the relationship is not wrongly abused.
Examples of feedback extortion
The customer or client can't:
threaten to leave negative feedback or low detailed review ratings if Austin Womb Service won't:
Give a full or partial refund for an item if not covered by the original listing or non allowed refund
Include an extra item or service that wasn't part of the original listing.
The doula can't:
Refuse to ship an item, provide service or refund the customer or client unless the client leaves positive feedback or high detailed review ratings.
Offer monetary compensation, like a partial refund, to the client in exchange for positive feedback or revising negative or neutral Feedback.
This is called Extortion! and we do not appreciate it. Any clients who are found guilty of it will be reported immediately.
Blackmail, slander and or libel is very serious
PATIENT ARBITRATION AGREEMENT
Agreement to Arbitrate: It is understood that any dispute as to medical malpractice, or any other claims medical or financial, that is as to whether any services rendered under this contract were unnecessary or unauthorized or were improperly, negligently, or incompetently rendered, will be determined by submission to arbitration as provided by state and federal law, and not by a lawsuit or resort to court process except as Texas law provides for judicial review or arbitration proceedings. Both parties to this contract, by entering into it, are giving up their constitutional rights to have any such dispute decided on a court of law before a jury, and instead are accepting the use of arbitration.
All Claims Must be Arbitrated:
It is the intention of the parties that this agreement bind all parties whose claims may arise out of or related to treatment or service provided by the doula/midwife including any spouse or heirs of the patient and any children, whether born or unborn, at the time of the occurrence giving rise to any claim. In the case of any pregnant mother, the term “patient” herein shall mean the mother and the mother’s expected child or children.
All claims for monetary damages exceeding the jurisdictional limit of the small claims court against the doula/midwife, and the partners, associates, association, corporation or partnership, and the employees, agents and estates of any if them, must be arbitrated including, without limitation, claims for loss of consortium, wrongful death, emotional distress or punitive damages. Filing of any court by the doula/midwife to collect any fee from the patient shall not waive the right to compel arbitration of any malpractice claim. lt is also understood that any dispute that does not relate to medical malpractice, including disputes as to whether or not a dispute is subject to arbitration, will also be determined by submission to binding arbitration. lt is the intention of the parties that this agreement bind all parties as to all claims, including claims arising out of or relating to treatment or Services provided by the health care provider including any heirs or past, present or future spouse(s) of the patient in relation to all claims, including loss of consodium.
This agreement is also intended to bind any children of the patient whether born or unborn at the time of the occurrence giving rise to any claim. This agreement is intended to bind the patient and the health care provider and/or other licensed health care providers or preceptorship interns who now or in the future treat the patient while employed by, working or associated with or serving as a back-up for the health care provider, including those working at the health care provider's clinic or office or any other clinic or office whether signatories to this form or not. This includes claims on the business and personal.
.All claims for monetary damages exceeding the jurisdictional limit of the small claims court against the health care provider, and/or the healthcare provider's associates, association, corporation, partnership, employees, agents and estate, must be arbitrated including, without limitation, claims for loss of consortium, wrongful death, emotional distress, injunctive relief, or punitive damages
Procedures and Law:
A demand for arbitration must communicate in writing to all parties. Each party shall select an arbitrator (party arbitrator) within thirty days and a third arbitrator (neutral arbitrator) shall be selected by the arbitrators appointed by the parties within thirty days of a demand for a neutral arbitrator by either party. Each party to the arbitration shall pay such party’s pro rata share of the expenses and fees of the neutral arbitrator, together with other expenses of the arbitration incurred or approved by the neutral arbitrator, not including counsel fees or witness fees, or other expenses incurred by a party for such party’s own benefit. The parties agree that the arbitrators have the immunity of a judicial officer from civil liability when acting in the capacity of arbitrator under this contract. This immunity shall supplement, nit supplant, any other applicable statutory or common law. Either party shall have the absolute right to arbitrate separately the issues of liability and damages upon written request to the neutral arbitrator. The parties consent to the intervention and joinder in this arbitration of any person or entity which would otherwise be a proper additional party in a court action, and upon such intervention and joinder any existing court action against such additional person or entity shall be stayed pending arbitration.
Either party shall have the absolute right to bifurcate the issues of liability and damage upon written request to the neutral arbitrator. The parties consent to the intervention and joinder in this arbitration of any person or entity that would otherwise be a proper additional party in a court action, upon such intervention and joinder any existing court action against such additional person or entity shall be stayed pending arbitration. The parties agree that provisions of state or federal law applicable to health care providers shall apply to disputes within this arbitration agreement, including, but not limited to, state and federal law provisions relating to arbitration. Any party may bring before the arbitration a motion for summary judgment or summary adjudication in accordance with state and federal law, however, depositions may be taken without prior approval of the neutral arbitrator. The parties agree that provisions of state and federal law, where applicable, establishing the right to introduce evidence of any amount payable as a benefit to the patient to the maximum extent permitted by lay, limiting the right to recover non-economic losses, and the right to have judgement for future damages conformed to periodic payments, shall apply to disputes within this arbitration agreement. The parties further agree that the commercial arbitration rules of the American arbitration association shall govern any arbitration conducted pursuant to this arbitration agreement.
All claims based upon the same incident, transaction or related circumstances shall be arbitrated in once proceeding. A claim shall be waived and forever barred if (1) on the date notice thereof is received, the claim, if asserted in a civil action, would be barred by the applicable legal statute of limitations, or (2) the claimant fails to pursue the arbitration claim in accordance with the procedures prescribed herein with reasonable diligence. With respect to any matter not herein expressly provided for, the arbitrators shall be governed by the state and federal provisions relating to arbitration.
This agreement may be revoked by written notice delivered to the Doula/Midwife within 30 days of submission. It is the intent of this agreement to apply to all services rendered any time for any condition.
If patient intends this agreement to cover services rendered before the date it is Effective as of the date of first services.
If any provision if this arbitration agreement is held invalid of unenforceable, the remaining provisions shall remain in full force and shall not be affected by the invalidity of any other provision. by agreeing to the terms and conditions you state freely of your own will that you understand that you have the right to receive a copy of this arbitration agreement and that it is always available on our website
These terms and conditions become effective the moment services are paid for or your deposit is made, even if you are unable to fill out the client contract and initial that you agree to them. (we understand that people are busy). We have also made it clear on the items check out of this.
Our terms and conditions are in place for clairvoyance and to define how we are and are not able to help our clients.
By clicking on the submit button on the Client information form and/or paying for doula services,
I agree to these terms of service wither your initials were forfeited or not.
By agreeing to the terms and conditions you freely state that you have fully read and understand our complete terms and conditions.
If any additional services that are rendered by the doula, you as the client are responsible for payment and will automatically be rendered into your contract.
**These terms are subject to change at any time**