Legal — please read carefully

Liability Waiver, Release & Scope of Practice

This waiver applies to every family ("Client") who books care and every independent professional ("Caregiver") who provides care through YolanCare. By creating a YolanCare account, booking a caregiver, or accepting a booking, you confirm you have read, understood and agreed to the terms below.

Both Clients and Caregivers are required to sign this waiver. Clients acknowledge it at booking checkout. Caregivers acknowledge it during profile creation and again each time these terms are materially updated.

1. Nature of the YolanCare platform

YolanCare Inc. ("YolanCare", "we", "us") operates an online marketplace that introduces Clients seeking in-home care to independent Caregivers who offer their services. YolanCare is not a home care agency, a nursing agency, a staffing agency, a healthcare provider, or an employer of Caregivers. YolanCare does not provide medical, nursing, personal support, companionship or any other care services. All care is provided directly by the Caregiver as an independent contractor engaged by the Client.

YolanCare does not supervise, direct, control, monitor or participate in the care delivered. YolanCare does not guarantee the quality, safety, legality, qualifications, fitness, honesty or conduct of any Caregiver or Client, and does not guarantee that any Client's care needs will be met.

2. Assumption of risk

In-home care involves inherent risks including, without limitation: physical injury, falls, medication errors, allergic reactions, communicable disease, aggravation of existing medical conditions, property damage, theft, emotional distress, elopement, neglect, abuse, and death. Clients and their families acknowledge these risks and voluntarily assume them in full when engaging a Caregiver through YolanCare.

3. Release and waiver of liability

To the fullest extent permitted by applicable law, the Client, on behalf of themselves, the care recipient, and their heirs, executors, administrators, family members, next of kin and personal representatives, hereby irrevocably releases, waives, discharges and covenants not to sue YolanCare Inc., its parents, subsidiaries, affiliates, officers, directors, employees, agents, contractors, investors and licensors (collectively, the "Released Parties") from any and all claims, demands, actions, causes of action, losses, damages, expenses, and liabilities of any kind — whether known or unknown, foreseen or unforeseen — arising out of or relating to:

  • any act, omission, error, negligence, gross negligence, misconduct, abuse or neglect of any Caregiver;
  • any injury, illness, harm, loss, or death suffered by the Client or care recipient during, before or after any booking;
  • medication administration, dosing, or omission by a Caregiver;
  • the Caregiver's qualifications, credentials, licensure, background, references or identity;
  • any theft, loss of or damage to property; and
  • any interaction, communication, dispute or transaction between Client and Caregiver.

YolanCare shall not be liable for the neglect, harm, injury or death of any Client, care recipient, or third party arising from or in connection with care arranged through the platform. This release is intended to be as broad and inclusive as permitted by the laws of the Client's province or territory of residence.

4. Indemnification

The Client and the Caregiver each agree to defend, indemnify and hold harmless the Released Parties from and against any third-party claims, damages, judgments, fines, penalties and legal fees arising from (a) their use of the platform, (b) the care relationship between them, or (c) their breach of this waiver or of any applicable law, professional standard, or regulation.

5. Caregiver responsibilities & scope of practice

Caregivers must only provide care that falls within their legal scope of practice as defined by their profession, credential, and provincial regulator. Practising outside your scope may cause serious harm and can result in professional discipline, civil liability, and criminal charges.

By accepting a booking, the Caregiver represents, warrants and agrees that:

  • they hold — and will maintain in good standing — every licence, certification and registration required for the services they offer;
  • they will provide care only within their scope of practice as defined by their regulatory college or governing body (e.g. CNO, BCCNM, OIIQ, OPSWA);
  • they will not perform controlled acts, delegated medical acts, invasive procedures, or medication administration that they are not authorized to perform;
  • they will follow the standards of practice, code of ethics, and infection-prevention guidelines of their profession;
  • they carry — or will obtain — appropriate professional liability insurance;
  • they will decline or immediately escalate any care request that exceeds their competence, training or scope, and will call 9-1-1 in any emergency;
  • they are solely responsible for the care they deliver and for any harm caused by acts or omissions outside their scope.

6. Regulatory bodies & standards

Caregivers should regularly consult their provincial regulator for current standards, practice guidelines and continuing-education requirements. YolanCare provides these links for convenience only and does not endorse or control the content of external sites.

  • College of Nurses of Ontario (CNO)

    RNs, RPNs, NPs — Ontario

    Visit
  • Ontario Personal Support Worker Registry (OPSWA)

    Personal Support Workers — Ontario

    Visit
  • Canadian Nurses Association (CNA)

    RNs — national

    Visit
  • College of Registered Nurses of British Columbia / BCCNM

    RNs, RPNs, NPs, LPNs — British Columbia

    Visit
  • College of Registered Nurses of Alberta (CRNA)

    RNs, NPs — Alberta

    Visit
  • Ordre des infirmières et infirmiers du Québec (OIIQ)

    Nurses — Québec

    Visit
  • Canadian Red Cross — First Aid & CPR standards

    Certification standards

    Visit

Caregivers practising outside Ontario, BC, Alberta or Québec must comply with the equivalent regulator in their province or territory (e.g. CRNM, CRNNS, ARNNL, CLPNA, provincial PSW registries, and Health Canada certification bodies).

7. Emergencies & medical decisions

The platform is not designed for medical emergencies. In any emergency — including chest pain, stroke symptoms, respiratory distress, severe bleeding, falls with suspected injury, or loss of consciousness — call 9-1-1 immediately. YolanCare, its systems and its staff are not equipped to respond to medical emergencies and no message, alert or booking action should be relied upon in place of emergency services.

8. Background checks & verifications

Verification badges displayed on Caregiver profiles indicate that a document was submitted and reviewed at a point in time. They do not constitute a guarantee of a Caregiver's current character, competence, health, licensure status or criminal record. Clients are strongly encouraged to independently interview Caregivers, verify credentials with the applicable regulator, request references, and confirm insurance coverage before engaging any Caregiver.

9. Limitation of liability

To the maximum extent permitted by law, in no event shall the Released Parties' aggregate liability arising out of or relating to the platform or any care exceed the greater of (a) the total service fees actually received by YolanCare from the Client in the six (6) months preceding the event giving rise to the claim, or (b) one hundred Canadian dollars (CAD $100). YolanCare shall not be liable for indirect, incidental, special, consequential, punitive or exemplary damages, including loss of income, loss of enjoyment of life, or wrongful death damages, even if advised of the possibility of such damages.

10. Governing law & severability

This waiver is governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. If any provision of this waiver is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. Nothing in this waiver is intended to limit any right that cannot be waived under applicable consumer-protection or human-rights legislation.

11. Acknowledgement

I have read this waiver in full. I understand that I am giving up substantial legal rights, including the right to sue YolanCare for negligence. I am signing it freely and voluntarily. Clients acknowledge this waiver electronically at booking checkout. Caregivers acknowledge it electronically when creating or updating their profile.

This document is provided for information and does not constitute legal advice. Consult a lawyer licensed in your jurisdiction for advice on your specific circumstances. Last updated: July 11, 2026.