Our care agreement & indemnity.

1. Who this agreement is between

This agreement is entered into between Nurturers Nest Clinic (Pty) Ltd ("the Clinic", "we", "us", "our"), a registered nursing practice operating in the Republic of South Africa, and you, the client whose name and ID number appear in the signature block at the end of this document ("you", "the Client").

2. Voluntary engagement

You confirm that:

1. 2.1 You have approached the Clinic of your own free will. No employee, agent or representative of the Clinic has pressured, induced or coerced you into engaging our services.
2. 2.2 You have been given an opportunity to read this agreement, ask questions, and seek independent advice (medical, legal or otherwise) before signing.
3. 2.3 You understand that you may withdraw from our care at any time, subject to the cancellation terms in clause 8 below, and that doing so will not prejudice the quality of any care still required from us during transition.
4. 2.4 You have considered other options (public-sector maternity care, hospital-based private obstetric care, other midwifery practices) and have chosen Nurturers Nest Clinic as your preferred provider for the services described in clause 3.

3. Nature of the services we provide

The Clinic provides midwife-led primary maternity and family-health care, within the scope of practice defined by the Nursing Act 33 of 2005 and the regulations of the South African Nursing Council (SANC). The services we offer include:

• Antenatal care, including history-taking, examinations, routine bloods and urine tests, basic ultrasound where appropriate, and referral for advanced imaging or specialist input as needed
• Midwife-led birthing care in our birthing suite, for low-risk pregnancies that meet documented inclusion criteria
• Postnatal care for mother and baby, including home visits in the first two weeks
• The childhood Expanded Programme on Immunisation (EPI), travel and adult immunisations
• Care of minor ailments within nursing scope of practice
• Intravenous (IV) hydration and vitamin therapy on the prescription of an attending registered nurse

The services we do not provide are: surgical procedures (including caesarean section), epidural anaesthesia, neonatal intensive care, and any service falling outside the scope of practice of a registered midwife or registered nurse.

4. Informed consent and known risks

You acknowledge that pregnancy, childbirth and the postnatal period carry inherent risks for both mother and baby, even in carefully managed low-risk care. These include but are not limited to:

• Unforeseen complications of labour requiring transfer to hospital, including emergency caesarean section
• Postpartum haemorrhage
• Need for instrumental delivery (forceps or vacuum)
• Tearing or episiotomy
• Infection in mother or baby
• Adverse outcomes including, in rare cases, serious injury or death

You confirm that the nature and likelihood of these risks have been explained to you in language you understand, that you have had an opportunity to ask questions, and that you have received satisfactory answers. This is in line with the principles set out in Castell v De Greef 1994 (4) SA 408 (C) and subsequent South African case law on informed consent.

5. Referral and transfer pathway

If, in the professional judgement of the attending midwife, your care or your baby's care requires escalation beyond our scope of practice, we will:

1. 5.1 Inform you (and where appropriate your designated next of kin) of the reason for referral or transfer;
2. 5.2 Coordinate with our partner hospitals and specialists to ensure continuity of care;
3. 5.3 Where possible, accompany you during transfer and remain with you until handed over to the receiving team;
4. 5.4 Make complete clinical notes available to the receiving team without delay.

You consent to such referral and transfer being carried out without further specific consent at the time, in any situation where the attending midwife reasonably believes that delay would be unsafe.

6. Limitation of liability

The Clinic, its directors, employees and agents are committed to providing care of a high professional standard. Subject to the Consumer Protection Act 68 of 2008 (the "CPA") and other applicable South African law:

1. 6.1 Our total liability arising out of or in connection with the services rendered to you under this agreement shall, where lawfully permissible, be limited to the total fees paid by you to the Clinic for the services in question.
2. 6.2 Nothing in this agreement excludes or limits our liability for: (a) gross negligence or wilful misconduct; (b) any liability that cannot lawfully be excluded under the CPA; or (c) personal injury or death caused by our gross negligence. South African consumer-protection law expressly prohibits a service provider from contracting out of liability for these matters, and we make no attempt to do so.
3. 6.3 You release the Clinic from liability for outcomes that arise from: (a) your decision to decline a recommended treatment, examination, referral or transfer after the implications were explained to you; (b) material information you withheld at the time of intake or during care; (c) events outside our reasonable control (force majeure).

7. Payment agreement

You agree to the following financial terms:

1. 7.1 Fees are quoted in South African Rand (ZAR), exclusive of VAT unless otherwise stated. The current fee schedule will be attached to this agreement at signing and forms part of it.
2. 7.2 A booking deposit of R 2,500 (or as quoted) is payable to confirm your engagement. Routine consultations are payable on the day of service.
3. 7.3 For pregnancy and birthing packages, the balance is payable in instalments per the schedule attached, with full settlement due no later than 36 weeks of pregnancy.
4. 7.4 Invoices will be issued in your name and will include the appropriate ICD-10 codes for medical-aid claiming. The Clinic does not bill medical aids directly; you remain the principal debtor.
5. 7.5 Late or unpaid invoices may attract interest at the prescribed rate set out in the Prescribed Rate of Interest Act 55 of 1975, calculated from the due date.
6. 7.6 If you experience financial difficulty, please tell us early. We offer payment plans, sliding-scale fees and bursary support — we would much rather work something out than see you go without care.

8. Cancellation, refund and termination

1. 8.1 You may cancel this agreement at any time by written notice (email, WhatsApp or letter).
2. 8.2 The booking deposit is refundable in full if cancelled within 7 days of payment. After 7 days, the deposit is non-refundable except in cases of medical necessity.
3. 8.3 For services not yet rendered at the time of cancellation, you will receive a pro-rata refund. For services already rendered, normal fees apply.
4. 8.4 The Clinic may terminate this agreement if: clinical care can no longer be safely provided within our scope; you persistently miss appointments without good cause; or you behave abusively toward our staff. We will give reasonable notice and assist with a smooth handover to alternative care.

9. Personal information (POPIA)

Your personal information will be processed in accordance with the Protection of Personal Information Act 4 of 2013 (POPIA) and our published Privacy Notice. By signing this agreement you confirm that you have read or had an opportunity to read the Privacy Notice, and you consent to:

• The collection, processing and storage of your personal and clinical information for the purposes of providing the services described in clause 3;
• Sharing of your information on a need-to-know basis with referring or receiving clinicians, pathology and diagnostic laboratories, and your medical aid (only on your explicit instruction to claim);
• The retention of your medical record for the periods required by South African healthcare regulation (minimum six years for adults, until 21 for minors).

10. Communications

You consent to the Clinic communicating with you by phone, SMS, WhatsApp and email at the contact details you provide, for the purposes of appointment reminders, care messages and routine updates. You may opt out of non-clinical communications at any time. Urgent clinical messages cannot be opted out of while you are in our care.

11. Dispute resolution

If you have a complaint about your care, we ask that you raise it with the clinic lead in the first instance, in writing. We undertake to investigate and respond within 14 working days.

If the matter cannot be resolved informally, you may refer it to the South African Nursing Council (SANC), the Office of Health Standards Compliance (OHSC), the Consumer Goods and Services Ombud, or the Information Regulator (for POPIA-related matters), as appropriate. Either party may also pursue resolution through the courts of South Africa, subject to clause 12.

12. Governing law and jurisdiction

This agreement is governed by, and shall be interpreted in accordance with, the laws of the Republic of South Africa. The parties consent to the jurisdiction of the Magistrate's Court having jurisdiction over the Clinic's address, notwithstanding that the cause of action may exceed the monetary jurisdiction of that court.

13. Severability and entire agreement

If any clause of this agreement is found to be unenforceable, the remaining clauses remain in full force. This document, together with the fee schedule and our Privacy Notice, constitutes the entire agreement between the parties. Variations are valid only if made in writing and signed by both parties.

14. Electronic signature

You agree that an electronic signature applied through the form below constitutes a valid signature for the purposes of section 13 of the Electronic Communications and Transactions Act 25 of 2002 (ECTA), and is binding on you to the same extent as a wet-ink signature.

Questions before you sign?

The slowest, kindest part of our practice is the question-and-answer time before any commitment. Please WhatsApp Sister Sindi, send us an email, or come in for a free 30-minute getting-to-know-you visit. There is no rush.

Document version: Template v1.0 · Last updated May 2026 · For internal review and attorney sign-off before publication. References: Nursing Act 33 of 2005, Health Professions Act 56 of 1974, Consumer Protection Act 68 of 2008, Protection of Personal Information Act 4 of 2013, Electronic Communications and Transactions Act 25 of 2002, Prescribed Rate of Interest Act 55 of 1975, Castell v De Greef 1994 (4) SA 408 (C).