Terms and Conditions

1. Introduction and Acceptance

These Terms and Conditions ("Terms") govern your use of services provided by Amber Fold, a residential care facility located at 22/5 Moo 3, San Kamphaeng Road, San Kamphaeng, Chiang Mai 50130, Thailand ("Amber Fold," "we," "our," or "us").

By inquiring about, applying for, or using our residential care services, you ("Resident," "you," or "your") agree to be bound by these Terms. If you are entering into this agreement on behalf of another person (such as a family member), you represent that you have the authority to bind that person to these Terms.

2. Definitions

• "Services" refers to residential care, accommodation, meals, housekeeping, and support services provided by Amber Fold
• "Resident" means the individual receiving residential care services
• "Responsible Party" means the Resident or their designated family member or legal representative
• "Residence Agreement" means the contract entered into between Amber Fold and the Responsible Party
• "Monthly Fee" means the payment due for services as specified in the Residence Agreement

3. Eligibility and Admission

3.1 Age Requirement: Services are available to individuals aged 60 years and older who are capable of living with supportive care but do not require intensive medical supervision.

3.2 Assessment: Prior to admission, potential residents must undergo an assessment to determine suitability for our residential care environment and level of support needed.

3.3 Capacity: The Responsible Party must have legal capacity to enter into this agreement. If the Resident lacks capacity, a legally authorized representative must sign on their behalf.

3.4 Admission Process: Admission is subject to availability of appropriate accommodation and our ability to meet the assessed care needs of the Resident.

4. Services Provided

4.1 Included Services: Monthly fees cover accommodation, three daily meals, housekeeping, laundry services, access to common areas and gardens, social activities, and general daily living support as specified in your chosen residence option.

4.2 Service Limitations: Our services do not include intensive medical care, nursing services, or specialized medical treatments. We can coordinate with external healthcare providers but are not responsible for medical services.

4.3 Service Modifications: We reserve the right to modify service offerings with reasonable notice to residents. Changes will be communicated at least 30 days in advance when possible.

4.4 Individual Needs: If a Resident's care needs change significantly and exceed our capacity to provide appropriate support, we will work with the Responsible Party to identify suitable alternative arrangements.

5. Fees and Payment Terms

5.1 Monthly Fees: Monthly fees are due on the first day of each month and must be paid in full by the fifth day of the month.

5.2 Payment Methods: Payment may be made by bank transfer, cash, or check. Bank transfer details will be provided in your Residence Agreement.

5.3 Late Payment: Payments received after the fifth of the month may incur a late fee of 5% of the monthly amount.

5.4 Fee Adjustments: We may adjust monthly fees with 60 days' written notice. Fee increases will not exceed 10% in any 12-month period.

5.5 Additional Services: Services not included in the monthly fee (such as transportation for personal errands, special dietary requests beyond standard accommodations, or private companion services) will be billed separately at our standard rates.

5.6 Deposit: A refundable deposit equivalent to one month's fee is required upon signing the Residence Agreement. This deposit will be refunded within 30 days of move-out, less any outstanding charges or damages.

6. Resident Responsibilities

Residents and Responsible Parties agree to:

• Provide accurate and complete information during the application and assessment process
• Inform us promptly of any changes in health status, medications, or care needs
• Treat staff members and other residents with respect and courtesy
• Comply with reasonable facility rules and policies
• Maintain communication with designated family contacts or legal representatives
• Ensure timely payment of all fees and charges
• Report any concerns or complaints through appropriate channels
• Respect the privacy and property of other residents

7. Residence Rules and Conduct

7.1 Visitors: Visitors are welcome during reasonable hours. Overnight guests must be approved in advance.

7.2 Personal Property: Residents may bring personal furnishings and belongings within reasonable limits. We are not responsible for loss or damage to personal property.

7.3 Prohibited Activities: Smoking is not permitted inside buildings. Alcohol consumption is allowed in moderation in private rooms. Illegal substances are strictly prohibited.

7.4 Pets: Small pets may be permitted with prior approval and subject to additional terms.

8. Health and Safety

8.1 Medical Care: Residents are responsible for their own medical care. We can assist with coordinating medical appointments and transportation but do not provide medical services.

8.2 Medications: Residents who require assistance with medication management must arrange this through external healthcare providers. We can provide reminders but not medication administration.

8.3 Emergency Situations: In medical emergencies, we will contact emergency services and notify the designated emergency contacts.

8.4 Insurance: Residents are encouraged to maintain appropriate health insurance coverage.

9. Termination

9.1 Notice Period: Either party may terminate the Residence Agreement with 30 days' written notice.

9.2 Immediate Termination by Resident: In cases of serious health issues requiring higher level care, the Responsible Party may terminate with shorter notice as circumstances require.

9.3 Termination by Amber Fold: We may terminate the agreement immediately if:

• The Resident's behavior poses a danger to themselves or others
• Payment is more than 30 days overdue
• The Resident's care needs exceed our capacity to provide appropriate support
• There is a material breach of these Terms

9.4 Upon Termination: The Resident must vacate the accommodation by the end of the notice period. The deposit will be refunded less any outstanding charges within 30 days.

10. Limitation of Liability

10.1 Standard of Care: We will provide services with reasonable care and skill appropriate to a residential care environment.

10.2 Personal Property: We are not liable for loss, theft, or damage to personal property unless caused by our negligence.

10.3 Medical Matters: We are not responsible for medical outcomes, medication errors, or health deterioration not caused by our negligence.

10.4 Cap on Liability: Our maximum liability for any claim is limited to the total fees paid in the 12 months preceding the claim, except in cases of gross negligence or willful misconduct.

11. Privacy and Confidentiality

Our handling of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. We maintain strict confidentiality regarding resident information and health matters.

12. Complaints and Dispute Resolution

12.1 Internal Process: Concerns or complaints should first be raised with the Residence Director. We will investigate and respond to complaints within 14 days.

12.2 Informal Resolution: We encourage informal resolution of disputes through good-faith discussion.

12.3 Mediation: If informal resolution fails, either party may request mediation before pursuing legal action.

12.4 Governing Law: These Terms are governed by the laws of Thailand. Disputes will be subject to the jurisdiction of Thai courts in Chiang Mai.

13. Changes to Terms

We may modify these Terms with 60 days' notice to current residents. Continued residence after the effective date of changes constitutes acceptance of the modified Terms. Material changes will be communicated in writing.

14. General Provisions

14.1 Entire Agreement: These Terms, together with the Residence Agreement and Privacy Policy, constitute the entire agreement between the parties.

14.2 Severability: If any provision is found invalid, the remaining provisions remain in effect.

14.3 Waiver: Failure to enforce any provision does not constitute a waiver of that provision.

14.4 Assignment: These Terms may not be assigned by the Resident without our written consent.

14.5 Force Majeure: Neither party is liable for failure to perform obligations due to circumstances beyond reasonable control.

15. Contact Information

For questions or concerns regarding these Terms, please contact: