Terms and Conditions

1. Introduction

Welcome to Maple Retreat! These Terms and Conditions govern the legal relationship between our senior living community and our residents and their families. They are an integral part of every resident agreement and apply to all types of care and services provided.

2. Resident Relationship

2.1. Establishment – A resident relationship is established through the explicit acceptance of an application by Maple Retreat. Initial contact or a preliminary tour does not yet establish a resident relationship.
2.2. Duty to Cooperate – The resident and/or their representatives commit to providing all information and documents relevant to care completely and truthfully, and to inform Maple Retreat about all relevant developments regarding health or personal circumstances.
2.3. Scope of Services – The specific service obligation arises from the individual resident agreement. Unless expressly agreed otherwise, the services do not include specialized medical treatments that require external providers.
2.4. Digital Communication – The resident agrees to communication via email and other electronic means, unless otherwise agreed in writing.

3. Fees and Billing

3.1. Fee Agreement – Unless otherwise agreed, fees are calculated based on the selected care package plus additional services and applicable taxes.
3.2. Deposit – Maple Retreat is entitled to request a reasonable deposit for accommodation and services. The commencement or continuation of care may be made contingent on the payment of a deposit.
3.3. Invoicing – Billing typically occurs monthly. Invoices are payable within 30 days of the invoice date without deduction.
3.4. Additional Expenses – In addition to regular fees, necessary expenses such as medication costs, personal care items, specialized therapy, and transportation costs may be billed separately.

4. Liability and Warranty

4.1. Limitation of Liability –

  • Maple Retreat is liable for damages only in cases of intent and gross negligence.
  • Liability for slight negligence is limited to an amount of CAD 1,000,000 per case of damage.
  • This limitation of liability does not apply to personal injury or in cases of mandatory statutory liability.
    4.2. Statute of Limitations – Claims for damages against Maple Retreat expire within one year from the time the resident or their representative became aware of the circumstances giving rise to the claim or should have become aware without gross negligence.

5. Confidentiality

5.1. Confidentiality – Maple Retreat commits to strict confidentiality regarding all information and personal details that become known within the context of the resident relationship.
5.2. Reference Mentions – The resident agrees that Maple Retreat may name them as a reference resident, unless expressly agreed otherwise. This does not include specific details about the resident's health condition or care needs.
5.3. Data Protection – The processing of personal data takes place in accordance with our separate Privacy Policy, which is an essential component of these Terms and Conditions.

6. Termination of the Resident Relationship

6.1. Right of Termination – The resident relationship may be terminated by either the resident or Maple Retreat with a notice period of 30 days, unless otherwise specified in the resident agreement. In cases of significant health changes requiring different levels of care than what we can provide, immediate termination may be necessary.
6.2. Final Billing – After termination of the resident relationship, Maple Retreat will prepare a final invoice for services and expenses not yet billed. Deposits will be credited.

7. Refund Policy

Maple Retreat is committed to fair and transparent billing practices. Our refund policy is designed to address circumstances where pre-paid services could not be utilized:

  • Application Fees – Application and assessment fees are non-refundable as they cover administrative costs incurred regardless of admission decision.
  • Deposits – Security deposits are fully refundable within 30 days of moving out, less any deductions for damages beyond normal wear and tear.
  • Monthly Service Fees – If a resident provides proper 30-day written notice of departure, any pre-paid fees beyond the notice period will be refunded on a pro-rated basis.
  • Refunds Due to Medical Emergency – In cases of hospitalization exceeding 14 consecutive days, residents may be eligible for a partial credit for services not utilized during absence.
  • Death of Resident – In the unfortunate event of a resident's passing, fees will be prorated to the date of death plus seven days to allow for removal of personal belongings.

Refund requests must be submitted in writing. Processing of refunds typically takes 14-30 business days from the date of approved request.

8. Compliance

8.1. Healthcare Regulations – Maple Retreat is committed to complying with all applicable healthcare regulations. The resident agrees to cooperate with necessary identification measures and to provide required information and documents if applicable.
8.2. Conflicts of Interest – Maple Retreat reserves the right to decline or terminate resident relationships if conflicts of interest exist or emerge during the care relationship.

9. Final Provisions

9.1. Applicable Law – Canadian law applies exclusively to the resident relationship and all related claims.
9.2. Jurisdiction – The place of jurisdiction for all disputes arising from or in connection with the resident relationship shall be Victoria, British Columbia, to the extent legally permissible.