Terms & Conditions

1. Introduction and Acceptance

These Terms and Conditions ("Terms") govern your use of services provided by Tender Larch, a residential care facility located at 33/9 Moo 1, Mae Rim, Chiang Mai 50180, Thailand ("we," "us," or "our").

By engaging our services, submitting an inquiry, visiting our residence, or using our website, you agree to be bound by these Terms. If you do not agree with any part of these Terms, please do not use our services.

These Terms should be read in conjunction with our Privacy Policy and Cookie Policy. If you are entering into an agreement for residential care services on behalf of another person, you represent that you have the authority to do so.

2. Definitions

For the purposes of these Terms:

• "Services" means the residential care services, programs, and accommodations provided by Tender Larch
• "Resident" means the individual receiving care services at our facility
• "Family" or "Family Member" means the legally authorized representative or family member responsible for the Resident's care decisions
• "Agreement" means the contract between you and Tender Larch for residential care services
• "Facility" means the residential property and grounds operated by Tender Larch in Mae Rim, Chiang Mai

3. Eligibility and Admission

3.1 Age Requirement

Our services are designed for individuals aged 60 and above. Exceptions may be considered on a case-by-case basis.

3.2 Care Assessment

Before admission, we conduct a care needs assessment to determine whether our services are appropriate for the prospective Resident. We reserve the right to decline admission if we determine that we cannot adequately meet an individual's care needs or if admission would pose risks to other residents or staff.

3.3 Non-Medical Facility

Tender Larch is a non-medical residential care facility. We do not provide nursing or clinical medical services. Residents requiring intensive medical care or skilled nursing should seek appropriate medical facilities.

4. Services Provided

4.1 Scope of Services

Our services include accommodation, meals, personal care assistance, housekeeping, laundry, and access to shared facilities and programs as outlined in your selected residency option. Specific services vary depending on whether you have chosen Orchard View Shared Residency, Garden Harvest & Nature Program, or Treetop Cottage with Dedicated Aide.

4.2 Personalized Care Plans

Each Resident receives an individualized care plan developed in consultation with the Resident and Family. Care plans are reviewed regularly and may be adjusted as needs change.

4.3 Service Modifications

We reserve the right to modify our services, programs, and facilities with reasonable notice. Changes that significantly affect the agreed-upon services will be communicated to Residents and Families in advance.

5. Fees and Payment

5.1 Monthly Fees

Fees are charged monthly in advance and are stated in Thai Baht (฿). Current rates are as follows:

• Orchard View Shared Residency: ฿12,500 per month
• Garden Harvest & Nature Program: ฿13,800 per month
• Treetop Cottage with Dedicated Aide: ฿77,000 per month

5.2 Payment Terms

Payment is due on the first day of each month. Accepted payment methods include bank transfer, cash, and check. Late payments may result in a late fee of 1.5% per month on the outstanding balance.

5.3 Fee Adjustments

We reserve the right to adjust fees annually with 60 days' written notice. Fee increases will reflect changes in operating costs and will be applied fairly to all residents.

5.4 Additional Costs

The monthly fee covers services as outlined in your agreement. Additional costs not included are personal items (medications, clothing, toiletries), external healthcare services, and personal expenses.

6. Resident Rights and Responsibilities

6.1 Resident Rights

Residents have the right to:

• Be treated with dignity and respect at all times
• Privacy in personal care, medical matters, and accommodations
• Participate in care planning and decision-making
• Voice concerns or complaints without fear of reprisal
• Receive visitors at reasonable times
• Maintain personal possessions within reason

6.2 Resident Responsibilities

Residents and Families are expected to:

• Provide accurate and complete information about health and care needs
• Treat staff and other residents with respect
• Follow facility policies and guidelines
• Communicate changes in health or care needs promptly
• Ensure timely payment of fees

7. Termination of Services

7.1 Termination by Resident/Family

Residents or Families may terminate services with 30 days' written notice. The final month's fee will be prorated based on the actual departure date.

7.2 Termination by Tender Larch

We may terminate services with 30 days' written notice if:

• The Resident's care needs exceed what we can safely provide
• Payment obligations are not met despite reasonable efforts to resolve
• The Resident's behavior poses a threat to themselves, other residents, or staff
• There is a material breach of these Terms or the service agreement

7.3 Immediate Termination

In cases of violence, abuse, or other serious misconduct, we reserve the right to terminate services immediately with no notice period.

8. Liability and Disclaimers

8.1 Standard of Care

We provide non-medical residential care services with reasonable care and skill. While we strive to maintain high standards of care, we cannot guarantee specific outcomes or results.

8.2 Limitation of Liability

To the extent permitted by Thai law, our liability is limited to the amount of fees paid by you in the 12 months preceding the incident giving rise to the claim. We are not liable for indirect, consequential, or special damages.

8.3 Personal Property

While we take reasonable precautions, we are not responsible for loss or damage to Residents' personal property except where caused by our negligence.

9. Indemnification

You agree to indemnify and hold harmless Tender Larch, its staff, and agents from any claims, damages, or expenses arising from your use of our services, except where caused by our negligence or willful misconduct.

10. Dispute Resolution

10.1 Informal Resolution

In the event of any dispute, concern, or complaint, we encourage you to contact us directly so we can work toward a resolution.

10.2 Governing Law

These Terms are governed by the laws of Thailand. Any disputes shall be subject to the exclusive jurisdiction of the courts of Chiang Mai Province, Thailand.

10.3 Mediation

Before pursuing legal action, both parties agree to attempt mediation through a mutually agreed mediator in Chiang Mai.

11. Force Majeure

We shall not be liable for any failure to perform our obligations under these Terms if such failure is caused by circumstances beyond our reasonable control, including natural disasters, government actions, epidemics, or other force majeure events.

12. General Provisions

12.1 Entire Agreement

These Terms, together with your service agreement and our Privacy Policy, constitute the entire agreement between you and Tender Larch.

12.2 Severability

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

12.3 Waiver

Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.

12.4 Assignment

You may not assign your rights or obligations under these Terms without our written consent. We may assign our rights and obligations to a successor organization.

13. Changes to Terms

We may update these Terms from time to time. Changes will be effective upon posting on our website or upon written notice to Residents and Families. Continued use of our services after changes constitutes acceptance of the updated Terms.

14. Contact Information

If you have questions about these Terms, please contact us: