Terms & Conditions

1. Definitions

"everglesa," "we," "us," or "our" refers to everglesa residential care facility located at 204/3 Khao Takiab Road, Hua Hin, Prachuap Khiri Khan 77110, Thailand.

"Resident" refers to an individual receiving residential care services at everglesa.

"Family" or "Representative" refers to authorized family members, legal guardians, or designated representatives of a Resident.

"Services" refers to the residential care, daily living assistance, wellness programs, and related support provided by everglesa.

"Agreement" refers to the care arrangement contract entered into between everglesa and the Resident or their Representative.

2. Acceptance of Terms

By engaging with everglesa's services, visiting our residence, or using our website, you agree to be bound by these Terms and Conditions. If you do not agree with any part of these terms, please do not use our services or website.

For residential care arrangements, a separate detailed care agreement will be signed that supplements these general terms. In case of any conflict between these general terms and a specific care agreement, the care agreement provisions shall prevail.

3. Eligibility and Admission

Age Requirement

everglesa provides residential care for adults. Residents must be at least 50 years of age at the time of admission, unless exceptional circumstances warrant consideration for younger adults requiring similar care arrangements.

Admission Process

Admission to everglesa is subject to an assessment process to determine if our care environment and services align with the prospective resident's needs and preferences. This assessment is mutual — we want to ensure our approach is suitable, and families should feel confident we can provide appropriate support.

Capacity to Enter Agreement

Care agreements must be signed by the prospective resident if they have legal capacity to do so, or by their authorized legal representative if they do not. We require documentation of legal guardianship or power of attorney when applicable.

4. Services Provided

Scope of Care

everglesa provides residential care services as described in individual care agreements. Services may include daily living assistance, meal preparation, housekeeping, wellness activities, and 24-hour staff presence. The specific services provided will be tailored to each resident's needs and preferences as outlined in their care plan.

Medical Services

everglesa is a residential care facility, not a medical facility. We do not provide medical treatment, nursing services, or specialized medical care. While our staff can assist with medication reminders and coordinate with external healthcare providers, residents and families remain responsible for arranging necessary medical care, physician visits, and emergency medical services.

Service Modifications

We reserve the right to modify service offerings, activity schedules, or care approaches as necessary to maintain quality care, comply with regulations, or respond to changing circumstances. Significant changes affecting individual residents will be communicated to families in advance whenever possible.

5. Fees and Payment

Monthly Rates

Care services are billed monthly based on the selected care arrangement (Gentle Living Assistance, Nature & Wellness Gathering, or Full Residential Arrangement). Current rates are listed on our website and in care agreements. Rates are quoted in Thai Baht (฿).

Payment Terms

Monthly fees are due on the first day of each month. Payment may be made by bank transfer, check, or other methods as specified in the care agreement. Late payments may incur additional fees as outlined in individual agreements.

Rate Adjustments

We may adjust our rates annually to reflect changes in operational costs, staffing expenses, or inflation. Families will receive at least 60 days advance notice of any rate increases.

Refund Policy

If a resident departs mid-month, fees will be prorated for the portion of the month during which care was provided. However, deposits or advance payments may be subject to specific refund terms outlined in individual care agreements.

6. Responsibilities

everglesa's Responsibilities

We commit to providing residential care services in accordance with our stated approach of responsive presence, maintaining safe and comfortable living conditions, treating residents with dignity and respect, communicating regularly with families through monthly reports, and complying with applicable Thai regulations for residential care facilities.

Resident and Family Responsibilities

Residents and families are responsible for providing accurate health information relevant to care needs, maintaining open communication with our staff about preferences and concerns, paying fees on time according to agreement terms, respecting other residents and staff, and arranging external medical care, dental care, and specialized health services as needed.

Personal Property

While we take reasonable precautions to protect resident belongings, everglesa is not liable for loss, damage, or theft of personal property. We recommend residents avoid bringing items of significant monetary or sentimental value, or arrange appropriate insurance coverage for valuable belongings.

7. Termination

Voluntary Departure

Residents or their representatives may terminate the care arrangement at any time by providing 30 days written notice. During this notice period, regular care and fees continue as usual.

Termination by everglesa

We may terminate a care arrangement if a resident's needs exceed our care capabilities and require specialized medical or nursing facility care, if payment obligations are not met after reasonable attempts to resolve the issue, if a resident's behavior poses safety concerns for other residents or staff that cannot be addressed through care plan modifications, or if the care relationship is no longer mutually beneficial despite good faith efforts to address concerns.

In such cases, we will provide reasonable notice (typically 30 days) and work with families to facilitate an appropriate transition to alternative care arrangements.

8. Privacy and Confidentiality

We maintain strict confidentiality regarding resident information and personal matters in accordance with our Privacy Policy and Thailand's Personal Data Protection Act. Staff are trained in privacy protocols and bound by confidentiality obligations.

For detailed information about how we handle personal data, please refer to our Privacy Policy.

9. Limitation of Liability

Service Disclaimer

everglesa provides residential care support to the best of our ability but cannot guarantee specific health outcomes or prevent all accidents or health incidents. While we maintain safety protocols and attentive care, we are not liable for health changes, medical conditions, or natural aging processes.

Liability Limitations

Our liability for any claims arising from care services is limited to the amount of fees paid during the three months preceding the claim, except in cases of gross negligence or willful misconduct. This limitation does not affect your statutory rights under Thai law.

Force Majeure

We are not liable for failure to perform our obligations due to circumstances beyond our reasonable control, including natural disasters, government actions, public health emergencies, or other force majeure events.

10. Dispute Resolution

Informal Resolution

We encourage families to raise concerns or complaints directly with our management team. Most issues can be resolved through open communication and good faith discussion. We commit to addressing concerns promptly and working toward mutually acceptable solutions.

Governing Law

These Terms and Conditions are governed by the laws of Thailand. Any legal disputes will be subject to the exclusive jurisdiction of the courts in Prachuap Khiri Khan Province, Thailand.

Mediation

Before pursuing formal legal action, parties agree to attempt resolution through mediation. Both parties will work in good faith to select a neutral mediator and participate in the mediation process.

11. Indemnification

Residents and their representatives agree to indemnify everglesa against claims, damages, or expenses arising from the resident's actions that cause injury to others, property damage beyond normal wear, or violations of these terms. This does not apply to claims resulting from our negligence or failure to meet care obligations.

12. General Provisions

Entire Agreement

These Terms and Conditions, together with individual care agreements and our Privacy Policy, constitute the entire agreement between everglesa and residents/families regarding residential care services.

Severability

If any provision of these terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

Waiver

Our failure to enforce any provision of these terms does not constitute a waiver of that provision or our right to enforce it in the future.

Assignment

Care agreements are personal to the specific resident and cannot be transferred or assigned to another person. everglesa may assign its rights and obligations under these terms to a successor organization with advance notice to families.

13. Changes to Terms

We may update these Terms and Conditions periodically to reflect changes in our services, legal requirements, or operational practices. Significant changes will be communicated to current residents and families with reasonable advance notice. Continued use of our services after changes take effect constitutes acceptance of the updated terms.

14. Contact Information

For questions about these Terms and Conditions or any aspect of our care services, please contact us:

Email: [email protected]

Phone: +66 32 547 829

Address: everglesa, 204/3 Khao Takiab Road, Hua Hin, Prachuap Khiri Khan 77110, Thailand