Liability Release & Waiver

This Liability Release and Waiver (this “Agreement”) is entered into by and between you (“you” or “User”) and Center for Independent Living Jacksonville, a Florida nonprofit corporation qualified as tax-exempt under Section 501(c)(3) of the Internal Revenue Code (EIN 59-1842440) (“CILJ,” “CIL Jacksonville,” “we,” “us,” or “our”), which operates the website and platform located at PCAmatch.org (“PCAmatch” or the “Platform”). PCAmatch is developed and operated on our behalf by Innovative Applications, Inc., our technology service provider (“Technology Provider”).

Recitals

WHEREAS, CILJ operates PCAmatch as a free online platform to facilitate connections between individuals seeking personal care assistance (“Care Seekers”) and individuals offering personal care services (“Caregivers,” and together with Care Seekers, “Users”);

WHEREAS, PCAmatch provides only a connection and communication platform and does not provide healthcare services, home care services, employment services, staffing services, or any professional or care services;

WHEREAS, the provision and receipt of in-home personal care involves inherent and substantial risks, including but not limited to risks of personal injury, property damage, financial exploitation, and other harms;

WHEREAS, CILJ requires all Users to acknowledge these risks and to release CILJ and related parties from liability as a condition of using the Platform; and

WHEREAS, you desire to use the Platform and agree to the terms, conditions, releases, and waivers set forth in this Agreement.

NOW, THEREFORE, in consideration of being permitted to access and use PCAmatch, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, you agree as follows:

Article 1. Definitions and Interpretation

In addition to terms defined elsewhere in this Agreement, the following capitalized terms have the meanings set forth below:

• “Care Arrangement” means any relationship, agreement, employment, contract, or understanding between a Care Seeker and a Caregiver relating to the provision of personal care services, whether formal or informal, written or oral, paid or unpaid.
• “Caregiver” means any User who offers, advertises, or provides personal care assistance services through or in connection with the Platform.
• “Care Seeker” means any User who seeks, requests, or receives personal care assistance services through or in connection with the Platform.
• “Claim” means any claim, demand, cause of action, lawsuit, proceeding, investigation, liability, damage, loss, cost, or expense of any kind or nature whatsoever, including reasonable attorneys’ fees and costs.
• “Platform” means the PCAmatch website, mobile application (if any), and all related services, features, content, and functionality provided by CILJ.
• “Released Parties” means, collectively, CILJ, Technology Provider, and each of their respective past, present, and future officers, directors, trustees, employees, volunteers, agents, representatives, insurers, successors, and assigns.
• “User” means any individual who accesses or uses the Platform, whether as a Care Seeker, Caregiver, or in any other capacity.
• “User Content” means all information, data, text, photographs, profiles, listings, messages, reviews, and other content submitted, posted, or transmitted by any User on or through the Platform.

Article and section headings are for convenience only and do not limit or affect the interpretation of this Agreement. Words in the singular include the plural and vice versa. Words of any gender include all other genders. The word “including” means “including without limitation.”

Article 2. Nature of the Platform and Disclaimer of Relationship

You acknowledge, understand, and agree that:

1. Connection Platform Only. PCAmatch is solely a technology platform that enables Care Seekers and Caregivers to find and communicate with one another. PCAmatch does not provide care services, healthcare services, medical services, or any professional services of any kind.
2. Not an Employer or Agency. CILJ is not and does not act as: (i) An employer, joint employer, or co-employer of any Caregiver; (ii) A staffing agency, employment agency, or placement agency; (iii) A home health agency, home care agency, or healthcare provider; (iv) A nurse registry or healthcare referral service; (v) A party to any Care Arrangement; or (vi) An agent, representative, or intermediary for any User.
3. No Employment or Agency Relationship. CILJ does not employ, supervise, direct, control, train, credential, schedule, assign, or compensate any Caregiver. No employment, agency, partnership, joint venture, or fiduciary relationship exists between CILJ and any User or between CILJ and any party to a Care Arrangement.
4. User-Directed Decisions. All decisions regarding whether to communicate with, meet, interview, hire, work for, enter into a Care Arrangement with, admit into a home, provide services to, or receive services from another User are made solely by you, at your own discretion, and at your own risk.

Article 3. Acknowledgment and Assumption of Risks

You expressly acknowledge, understand, and agree that finding care, providing care, and receiving care through an online platform, and engaging in or facilitating in-home personal care relationships, involve serious, inherent, and substantial risks that cannot be eliminated regardless of the care taken to avoid harm. These risks include, but are not limited to:

1. Personal Safety Risks, including: (i) Physical injury, assault, battery, abuse, neglect, or wrongful death; (ii) Sexual assault, harassment, or exploitation; (iii) Exposure to contagious diseases or illnesses; (iv) Unsafe, reckless, negligent, or criminal conduct by another User; (v) Harm caused by an unqualified, unlicensed, impaired, or unsuitable Caregiver.
2. Property and Financial Risks, including: (i) Theft, burglary, embezzlement, or conversion of property; (ii) Damage to real or personal property; (iii) Financial exploitation, fraud, identity theft, or unauthorized use of financial accounts or information; (iv) Misappropriation of funds or assets.
3. Relational and Informational Risks, including: (i) Misrepresentation, dishonesty, or false statements by another User regarding identity, qualifications, experience, background, or intentions; (ii) Breach of confidentiality or unauthorized disclosure of personal, medical, or financial information; (iii) Emotional distress or psychological harm; (iv) Invasion of privacy.
4. Legal and Regulatory Risks,including: (i) Claims arising from alleged employment relationships, including claims for wages, benefits, workers’ compensation, unemployment insurance, or employment discrimination; (ii) Claims arising from alleged violations of healthcare, licensing, or labor laws; (iii) Tax liabilities or penalties arising from Care Arrangements.
5. Heightened Vulnerability Risks. You acknowledge that these risks may be heightened or exacerbated because personal care services often involve: (i) Vulnerable adults, including elderly individuals and individuals with disabilities; (ii) Access to and presence in private homes; (iii) Assistance with intimate personal care activities; (iv) Access to financial accounts, personal information, and valuables; (v) Prolonged, unsupervised one-on-one contact between a Caregiver and a Care Seeker.
6. Voluntary and Informed Assumption of Risk. You voluntarily, knowingly, and willingly assume all risk of harm, injury, loss, damage, and expense of any kind arising from or related to: (i) Your access to and use of the Platform; (ii) Any reliance on User Content or information obtained through the Platform; (iii) Any interaction, communication, meeting, or relationship with another User, whether online or in person; (iv) Any Care Arrangement entered into with or through another User; (v) The acts, omissions, negligence, conduct, statements, representations, or misrepresentations of any User; and (vi) Any harm of any kind arising from the foregoing, whether or not such harm was foreseeable, and whether such harm occurs on the Platform, in a home, or at any other location.
7. No Reliance on Released Parties. You agree that you are not relying and will not rely on CILJ or any Released Party to: (i) Verify the identity, background, qualifications, credentials, references, or fitness of any User; (ii) Screen, supervise, monitor, control, or manage any User or Care Arrangement; (iii) Ensure the accuracy, truthfulness, or completeness of any User Content; (iv) Warn you of risks or hazards associated with any User or Care Arrangement; (v) Protect you from harm, loss, or damage; or (vi) Perform any screening, investigation, or due diligence on your behalf.
8. Limited Meaning of the Background Checked Badge.A “Background Checked” badge, where displayed, reflects only a point-in-time confirmation or review of a background screening, as described in the Terms of Service. Screenings expire, and a badge may be removed or restored over time. You acknowledge and agree that a badge — and any notice that a badge was granted, removed, or restored — is not a representation, warranty, or guarantee of any User’s past, present, or future conduct, character, fitness, or safety; is not a substitute for your own screening, vetting, and judgment; and creates no duty on the part of any Released Party to investigate, monitor, update, supplement, or warn. The presence or absence of a badge, the removal of a badge, and the content or timing of any badge-related notice are within the scope of the releases, waivers, and limitations in this Agreement.

Article 4. Release of Liability

General Release. To the fullest extent permitted by law, you hereby voluntarily, knowingly, and irrevocably release, waive, discharge, and covenant not to sue the Released Parties from and against any and all Claims, whether known or unknown, whether arising in law or equity, and whether based on contract, tort (including negligence), strict liability, statute, or any other legal or equitable theory, arising out of, relating to, or connected with:

• Your access to, use of, or inability to access or use the Platform;
• Any User Content or information provided on or through the Platform;
• The acts, omissions, negligence, conduct, statements, representations, misrepresentations, or wrongful conduct of any User;
• Any communication, interaction, meeting, interview, or relationship with any User, whether online, by telephone, or in person;
• Any Care Arrangement, employment relationship, independent contractor relationship, or other agreement or relationship between Users;
• Any injury, illness, death, abuse, neglect, assault, battery, or other harm to person;
• Any theft, fraud, embezzlement, financial exploitation, identity theft, or other financial or property loss;
• Any damage to real or personal property;
• Any breach of confidentiality or unauthorized disclosure of personal, medical, or financial information;
• Any failure or alleged failure by CILJ or any Released Party to verify, screen, investigate, supervise, monitor, control, warn, or protect;
• Any inaccuracy, incompleteness, or falsity of User Content or information provided by any User;
• Any breach of this Agreement by any User; and
• Any other matter arising out of or related to the Platform or any User.

Release of Negligence Claims. This release includes, but is not limited to, Claims based on the negligence, gross negligence, or other fault of the Released Parties, whether such negligence or fault is alleged to be active or passive, sole or concurrent, direct or indirect. You expressly waive any claim that this release should be construed narrowly or against CILJ as the drafter.

Exceptions to Release. Notwithstanding the foregoing, this release does not apply to Claims arising solely and exclusively from the willful misconduct or intentional torts of the Released Parties or violations of statutory rights that cannot be waived as a matter of Florida law.

Florida Law Acknowledgment. You acknowledge that Florida law permits contractual releases and waivers of negligence claims, provided such releases are clear, unequivocal, and conspicuous. You confirm that you have read this Article 4 carefully, that you understand it releases CILJ and the Released Parties from Claims based on their own negligence, and that you enter into this release voluntarily and with full knowledge of its significance.

Unknown Claims Waiver. You expressly waive and relinquish any rights or benefits you may have under any statute, doctrine, or common law principle that would otherwise limit the scope of this release to Claims that are known or suspected to exist at the time of signing. You acknowledge that you may later discover Claims or facts that are currently unknown or unsuspected, and you nevertheless agree that this release applies to all Claims, known or unknown, suspected or unsuspected.

Acknowledgment

YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THIS ENTIRE LIABILITY RELEASE AND WAIVER AGREEMENT, THAT YOU FULLY UNDERSTAND ITS TERMS, AND THAT YOU ARE VOLUNTARILY AND KNOWINGLY AGREEING TO ITS TERMS.

YOU UNDERSTAND THAT THIS AGREEMENT CONTAINS A RELEASE OF LIABILITY AND WAIVER OF LEGAL RIGHTS, INCLUDING A RELEASE OF CLAIMS BASED ON THE NEGLIGENCE OF CILJ AND THE RELEASED PARTIES.

YOU UNDERSTAND THAT BY ACCEPTING THIS AGREEMENT, YOU ARE GIVING UP YOUR RIGHT TO SUE OR RECOVER DAMAGES FROM CILJ AND THE RELEASED PARTIES FOR MOST CLAIMS ARISING FROM YOUR USE OF THE PLATFORM OR YOUR INTERACTIONS WITH OTHER USERS.

YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR YOUR OWN SAFETY AND FOR SCREENING AND EVALUATING ANY USER WITH WHOM YOU INTERACT, AND THAT CILJ DOES NOT VERIFY, SCREEN, OR GUARANTEE ANY USER.

YOU UNDERSTAND THAT SERIOUS INJURY, DEATH, FINANCIAL LOSS, OR OTHER HARM MAY RESULT FROM YOUR USE OF THE PLATFORM OR FROM INTERACTIONS WITH OTHER USERS.

BY CHECKING THE BOX BELOW, CREATING AN ACCOUNT, OR USING THE PLATFORM, YOU CONFIRM THAT:

• You are at least 18 years of age;
• You have read and understand this Agreement;
• You voluntarily agree to all terms, including the releases, waivers, and assumption of risk set forth in this Agreement, and the indemnification and limitations of liability as described in the Terms of Service;
• You understand that CILJ would not and could not offer the Platform as a free service without this Agreement; and
• If you do not agree to these terms, you will not create an account or use the Platform.

Acceptance

On PCAmatch.org this Agreement is accepted electronically. When you tick the acknowledgment box in the sign-up form, we record your name and email address, the date and time of your acceptance, and the version of this Agreement then in effect. Your electronic acceptance has the same effect as a physical signature. You can request a copy of your acceptance record at any time using the contact details below.

For questions or concerns

Center for Independent Living Jacksonville
2709 Art Museum Drive, Jacksonville, FL 32207
Email: sdykes@ciljacksonville.org
Phone: 904-399-8484
Website: PCAmatch.org

FLORIDA ABUSE HOTLINE: 1-800-962-2873 (Available 24/7)
EMERGENCIES: Call 911

This Liability Release and Waiver is effective as of the date of your acceptance and remains in effect for so long as you access or use the Platform. It works together with our Terms of Service and Privacy Policy, and is in force as of August 3, 2026.