Terms and Conditions
CONDITION APPLICABLE TO TERM SHEET
1. Nature of Agreement
- The nature and purpose of the Agreement is two-fold i.e. the lease of a room or living space in a room together with the right to make use of communal property on the one hand and the rendering of certain services relating to the day to day assistance with daily tasks, life skills (assisted living) and frail care, on the other hand.
- Medifrail Group hereby makes available a bed in a room (single or sharing with others) to the Resident and undertakes to deliver the included services as described herein, upon the term and condition set out in this Agreement
- The Responsible person, by virtue of his/her signature hereto undertakes to be jointly and severability liable with the Resident for the payment of the monthly and incidental charges. The Schedules and all annexures shall be deemed to be a part of this Agreement as if specifically incorporated in it.
2. Commence Date, Duration and Terms
- This Agreement shall commence on the signature date and shall endure for an indefinite period.
- Notice may be given by either party only on the last day of each month with 30 (THIRTY) day clear written noticed given to the other party that the Agreement will be cancelled, and the rendering of the services will be terminated 30 day after receipt of the notice.
- Notice may only be given on the last day of any month regardless of the date of commencement of this Agreement in order to facilitate proper coordination of residents. No refunds will be made for any time periods that the Resident was not in attendance during the currency of the lease, this includes a period that the resident should be admitted to hospital for whatever reason. NO EXCEPTIONS TO THIS RULE SHALL BE ENTERTAINED
- In the event that Medifrail Group notifies the Resident that the Premises are ready for occupation and the Resident fails to take occupation, then the consideration payable shall remain due, owing and payable for the entire duration of this Agreement, despite the fact that the Resident may not have taken occupation or is not yet in occupation or is no longer in occupation.
3. Consideration Payable
The Resident/Responsible Person shall pay to Medifrail Group the following:
The admission fee set out in the terms sheet is payable on the date of signature of this Agreement and is non-refundable. This is utilized to prepare the room on or before Occupation, to provide for administration charges and contract fees etc. should any additions or alterations in the room be requested or required by the resident these charges are for the account of the responsible person paying the account.
The monthly consideration as set out in the term sheet, in respect of the occupancy of the room/portion thereof and the delivery of the included services is payable on or before the first day of each and every month. No verbal arrangement will be accepted for any deviation with regards to the monthly payment date, any deviation must be approved in writing by management.
Any additional charges due in respect of the Consumable Account relating to the items referred to in the Terms Sheet or any other amounts due for any other items used by the Resident which is not supplied in terms of this Agreement. These charges shall appear, one month in arrears on the invoice, and shall be payable together with the amount set out in 3.1.2
All rental and other payments payable by the Resident/Responsible person in terms of this Agreement shall be made without demand, free of exchange and without any deduction or set off whatsoever in to the following bank accountFirst National Bank
Account No: 62777575526
Branch Code: Lynnwood
Ref: A_______________/ Patient name and surname
- Admission Fee:
- Please make payments to the Medi Frail group by EFT as we do not accept cheques at all.
- Any failure by Medifrail group to render any statement or the late receipt or non-receipt thereof by the Resident shall not in any way detract from the Resident’s obligations to effect payment of all amounts due in the terms of the Agreement on the due date for payment thereof save obviously for the consumable account
- Failure to pay any amounts due in terms of this Agreement shall constitute a material breach of this Agreement and shall invoke the remedies as set out in clause 14 hereunder.
- In addition to the remedies set out in clause 14 and, should any payments be made later for a second period, (successively or not) The Medi Frail Group reserves the right to cancel this agreement with immediate effect and cause for the Resident to be removed.
- All overdue accounts will attract interest from the moment the account becomes overdue rate of 12% per month and will carry a R500.00 penalty if the account (or portion thereof) is paid later then the 7th of each month and another R 500.00 if any portion remains unpaid by the 15th of each month.
- The Resident/Responsible Person shall pay to Medifrail Group the following:
4. Use of Premises
- The Resident will use the leased Premises for residential purposes only and will adhere to the house rules and regulations of the Medifrail Group, as may be made available from time to time.
- Notwithstanding the provisions hereof, the Resident will not be entitle to use or to permit the leased Premises to be used in any way which contravenes any law, by-law, regulation, ordinance or town-planning scheme or for any purpose which is contrary to the condition of title or servitudes applicable to the Property from time to time or which is contrary to the conditions of any license from time to time relating to or affecting the occupation of the leased Premises or the conducting of any business therein or which results in any nuisance emanating from the leased Premises.
- It is recorded that the Medifrail Group (or persons authorized by Medifrail Group) may conduct building operation (including ancillary activities) on or in the Property (including buildings and improvements forming part thereof) from time to time. Save to the extent arising from a negligent or malicious act or omission of Medi Frail Group or of persons for whom Medi Frail Group is vicariously liable, the Resident will have no claim against Medifrail Group for any nuisance, loss of use and enjoyment of the leased Premises or interruption of services arising there from; provided that Medifrail Group will use reasonable endeavors to minimize any such nuisance, loss or interruption
5. Common Areas, Joint Facilities and Access to the Building
The Resident shall have the right of reasonable use having regard to the right of other Residents and/or other persons to whom rights of use may have been or may be granted, of the common areas, service roads, loading facilities, sidewalks and yard, toilets and other conveniences and facilities provided by Medifrail Group on the Premises and the Property, as exist from time to time. The Resident undertakes to use only such spaces, toilets, conveniences and facilities as may be allocated from time to time in respect of the specific Resident save where general amenities are allotted for communal use.
- Medifrail Group shall have the right from time to time, within reason, to make or vary houses rules and regulations governing the relationship between the Residents in regard to all joint facilities and common or open areas and/or the Resident’s conduct in respect of the property, the security and safety of all other Residents and all persons on the Property from time to time.
- The Resident shall be deemed to have knowledge of such House Rules and a copy thereof shall be made available to the Resident upon request.
- Medifrail Group shall not be responsible to the Resident for the non-observance or violation of the terms of any Agreement which may be in force from time to time between Medi Frail Group and any other Resident or the non-observance or violation of any rules or regulations by any such Resident, nor shall the resident have any right to require of Medi Frail Group that enforce any such terms, rules or regulations upon other Residents.
- The resident shall have reasonable access and exit to and from the premises, but always subject to the physical/psychological capability of the Resident, after evaluating each of their physical/psychological profiles.
- The resident shall have reasonable access and exit to and from the premises, but always subject to the physical/psychological capability of the Resident, after evaluating each of their physical/psychological profiles.
- Medifrail Group shall be entitled in its absolute discretion from time to time to relocate the Resident, but always in consultation with the family/Responsible Person.
- Medifrail Group shall have the right to remove any unauthorized persons ( as determined by Medifrail Group) from the common areas or to restrain the use of the common areas by unauthorized persons.
- The Responsible Person/Family of the Resident may at any time visit the Resident and may make use of the common areas, subject to responsible constrains imposed to ensure good order and to respect the privacy of other Residents or their guest’s. Interaction of residents with the Responsible Person/Family is encourage.
- The Resident shall not make any alterations or structural alteration to the room without written consent of the Medi Frail Group.
6. Right to Add to the BuildingMedifrail Group shall be entitled at all times during the period of this Agreement to complete the Building/s on the property and to effect any repairs, alteration, improvements and additional to the said Building/s and for such purpose to erect Building equipment anywhere on the property or in the Building (including the Premises) and also such devices as may be required by law or which Medifrail Group may require and deem to be reasonably necessary for the protection of any person against injury arising out of the Building operation, in such manner as may be reasonably necessary for the purpose of any of the work aforesaid. Medifrail Group shall further be entitled by itself or through its workmen, contractors or agents, but subject to prior notification to the Resident and with the due regard to be reasonably necessary for the aforesaid. In exercising its above right Medifrail Group shall use its best endeavors to cause as little interference as reasonably possible with the Resident’s occupation of the Premises. The Resident shall not be entitled any cancellation, remission of rental, compensation or damage by reason the exercise by Medifrail Group of its rights under this clause.
7. Right of Entry
- Given the nature of care to be excised with regards the mental and physical condition of the resident Medifrail Group shall be entitled to enter the Premises at all reasonable times for the purpose of inspecting the Premises and administrating the care of the resident. The Resident shall not have any claim for cancellation, remission of rental, compensation or damages in connection with the exercise by Medifrail Group of any of its aforesaid rights.
- In addition to the above, the Medifrail Group may gain access to the closets of the Resident in order to inspect the nature and condition of the contents of the closets, such as clothing, food, perishables and the like.
8. Fire HazardsThe Resident shall not at any time bring or allow to be brought onto or kept in the Premises nor do or omit nor suffer to carried on the Premises any matter or thing or activity whereby a fire or any other insurance policy of the Property may be liable to become void or voidable or whereby the premium for any such insurance may be increased if the premiums of such insurance are increased as a result of a contravention of this clause. This will include but not limited to cigarettes, matches, lighters etc..
9. No AssignmentThe Resident shall not cede, assign or pledge any of its rights hereunder, nor delegate any of its obligations, nor sublet the Premises or any portion thereof, without Medifrail Group’s prior written consent.
10. Resident's General ObligationIn addition to obeying the house rules, the Resident and or the Responsible person (where applicable) shall:
- Attend to his/her personal hygiene in as far as the physical/mental capability of the Resident will allow and always be appropriately dresses and keep a neat appearance.
- Indemnify and hereby indemnifies Medifrail Group and holds it harmless from and against any and all claims, actions, damages, liability and expense in connection of the loss of life, personal injury or damage to property arising from or out of any occurrence in, upon or at the Premises or Property or the occupancy or use by the Resident of the Premises or Property any part thereof, or occasioned wholly or in part by any act or omission of the Resident and any of the Care Givers, Staff and or owners of the Medi Frail Group.
- Shall not interfere with the electrical installation in the Premises or any air-conditioning installation or equipment belonging to Medi Frail Group.
- As the user of electrical installations in the Premises, be responsible for ensuring compliance with the electrical installation Regulation 1992 promulgated in terms of section 35 of the Machinery and Occupational Safety Act, Act No.6 of 1983 (which Act was from 1 January 1994 replaced by the Occupational Health and Safety Act No. 85 of 1993, the said Regulation, however, remaining in force under the new Act).
- Will not be allowed to use any electrical installation which the management and staff of the Medifrail Group may deem unsafe, taking the physical/mental capability of the resident into consideration.
- Not attached to the walls and the ceilings or place on the floor of the Premises any fittings, appurtenances or equipment which will or might in Medifrail Group’s discretion constitute a risk to the Resident into consideration.
- Not do or permit anything to be done that may damage the floors, walls or ceilings or any other portion of the Premises and/or the Property
- Not use any tape recorders, televisions, record players, radios, loudspeaker or other devices in a manner so as to inconvenience other Residents.
- Not or permit to be done in or upon the Premises or the property anything which, in the opinion of Medifrail Group, maybe nuisance or which may in any way interfere with the other Residents, unless consent was granted by Medifrail Group.
- Not installed, erect or placed any machine, apparatus or other objects outside the Premises.
- If the Resident commits a breach of any of the above provisions, Medifrail Group shall be entitled without notice to cancel the Agreement.
11. Consumable Items Not Included in Monthly ConsiderationsThe Medi Frail Group will supply inter alia the following on request or if deemed necessary, at the cost of the Resident/Responsible person, or arrangements will be made from time to time regarding these items:
- Nappies, where necessary or essential;
- Own chronic or acute Medication (must be Blister-Packed);
- Bandages and procedure stock;
- Towels (3 Sets)
- Oxygen supply should the resident be on chronic or permanent oxygen as well as the refill or maintenance of such device.
12. Services Available at Additional Charges
- Wound care;
- Internet (supply own)
- Music Therapy;
- Art/other therapy and classes;
- Physical rehabilitation
13. Breach by Resident / Responsible Person (Where Any One or All Applicable)Should the Resident/Responsible Person –
- Fail to pay any rental or other amount due by the Resident in terms of this Agreement on due date; or
- Fail to adhere to any of the terms and conditions of this Agreement;
- Undergo any material adverse change (financial or otherwise) which gives Medifrail Group grounds to believe that the Resident may not or will be unable to perform or observe its obligation under this Agreement; or
- Repeatedly breach any of the terms of this Agreement in such manner as to justify the Medifrail Group in holding that the Resident’s conduct is inconsistent with an intention and ability to carry out the terms of this Agreement; or
Commit any breach of any prevision of this Agreement other than referred to above
and failed to remedy that breach within 7 (seven) days after Medifrail Group has
given the Resident/Responsible Person written notice calling upon it to do so;
Then and in any of such events, Medi Frail Group shall have the right, shall not be
To forthwith cancelled this Agreement on written notice and retake possession of the
Premises without prejudice to any of its other wrights under this Agreement or at
law including wright to claim damages. In so doing, Medi Frail Group shall
be intitled to remove from the Premises any goods situated therein, in which event
the Resident shall have no claim whatsoever either for damages or otherwise against
Medi Frail Group. Any goods so removable from the Premises shall be sort at cost and
risk off the Resident;
To claim the fulfilment of all the terms and conditions of this Agreement
14. Legal Cost and Outstanding Payments
- Should Medifrail Group institute actions against the Resident pursuant to a breach by the Resident/Responsible Person of this Agreement, then, without prejudice to any other rights which Medifrail Group may have, Medifrail Group shall be entitled to recover all legal costs incurred by it, including Attorney and own Client charges, tracing fees and such collection commission as Medi Frail Group is obliged to pay its attorney, from the Resident.
- If the Resident/Responsible Person fails to pay rental or any other charges on due date Medifrail Group shall charge the Resident/Responsible Person and the Resident/Responsible Person shall pay on demand and interest on over due amounts as set out in clause 5.6.
- a Certificate signed by any Director of Medifrail Group shall be prima Facie proof of the amount in arrears.
15. Jurisdiction of Magistrate's Court
- At the option of Medifrail Group any action or application arising out of the Agreement, or cancelation thereof, maybe brought in the Magistrate’s court having jurisdiction in respect of the Resident, notwithstanding that the amount in issue may exceed the jurisdiction of such court.
- Notwithstanding clause 16.1, Medifrail Group may (not withstanding that the amount in issue may fall within the jurisdiction of the Magistrate’s court) elect to institute proceedings in any division of the High Court having jurisdiction and, in the event of Medifrail Group electing to institute proceeding in any division of the High Court having jurisdiction, then the cost shall be determined on the scale applicable to the High Court.
- All notices which are given by the Medifrail Group to the Resident/Responsible Person may be given to it at the address set out in the relevant schedules hereto, at which address the Resident chooses domicile citandi et executants for all purposes hereunder.
- All notices which are given by the Resident to Medifrail Group shall only be sufficient if such notice is given at the address set out in par 2.2, at which address Medi Frail Group chooses domicile citandi et executants for all Purposes hereunder, or at such other of which Medifrail Group may advice the Resident by written notice from time to time.
- All notices send by either party to the other shall be delivered by hand or telefax or email or send by prepaid registered post (email and fax transmission)
- All noticed delivered, transmitted or send as aforesaid to the respective addresses provided for in this clause shall be deemed to have been received by the addressee on the date of delivery or transmission or on the 3 (third) day after posting as the case may be.
17. Whole AgreementThis Agreement and all the annexures hereto constitute the whole agreement between the parties and no warranties or representatives whether express or implied not stated herein shall be binding on the parties. Neither agreement at variance with the terms and conditions of this Agreement nor any consensual cancellation hereof shall be binding on the parties unless reduce to a written agreement signed by or on behalf of the parties. No relaxation or indolence which Medi Frail Group may show to the Resident shall in any way prejudice its rights hereunder, and in particular no acceptance by Medifrail Group of rental after due date (whether on one or more occasions) shall preclude or stop it from exercising any rights enjoyed by it hereunder by reason of any subsequent payment not being made strictly on due date. Unless otherwise stated by Medifrail Group in writing, the receipt by Medifrail Group or its agent/s of any rental or other payment shall in no way whatsoever prejudice or operate as a waiver, rescission or abandonment of any cancellation effected or acquired prior to such receipt.
18. Limitation of Liability
The resident/Responsible Person will not have any claim of any nature against Medi
Frail Group for any loss or damage to property or injury or death which it/they may
directly or indirectly suffer (whether or not such loss, damage, injury, or death
caused through the negligence of Medi Frail Group or Medifrail Group’s agents or
employees) or for any cancellation or remission of rent nor shall the resident be
entitled to withhold or defer payment or rent or any other amount due in terms of
this Agreement by reason of any clause/s whatsoever, including, but not limited to:
- any latent or patent defect in the Land, Premises or the Building or surrounds including the Common Areas:
- a fire in the Premises or the Building including the Common Areas:
- a theft of the Premises;
- the Premises or the Building, including the Common Areas or any part thereof, being in a defective condition or the state of disrepair or any particular repair not being affected by Medifrail Group timeously or at all;
- vis major causes fortuitous or any other cause either wholly or partly beyond Medifrail Group’s control:
- any act or omission by any other Resident of the Building;
- a change of the name of the Building or its façade or its appearance or any other feature thereof;
- an occurrence arising out of the use of the services in the Premises or the Building, including the Common Areas:
- any failure or interruption for whatsoever reason in the amenities and/or services provided by Medifrail Group and/or any statutory authority to the Premises or the Building including the Common Areas;
- any accident, loss, injury, fall or damage sustained in the Building or the Common Areas:
- consequential loss however caused; or
- riots, civil commotion, insurrection, expulsion or action taken by Medifrail Group or the authorities to mitigate or to prevent the same
- No action by Medifrail Group, including in particular the provision of any security service to the Building or property, shall be construed in any way whatsoever as an acceptance by Medi Frail Group of any responsibility whatsoever towards the resident or any other person.
- The resident/Responsible Person will not have any claim of any nature against Medi Frail Group for any loss or damage to property or injury or death which it/they may directly or indirectly suffer (whether or not such loss, damage, injury, or death caused through the negligence of Medi Frail Group or Medifrail Group’s agents or employees) or for any cancellation or remission of rent nor shall the resident be entitled to withhold or defer payment or rent or any other amount due in terms of this Agreement by reason of any clause/s whatsoever, including, but not limited to:
19. Death / Illness / Injury of Resident
Should the Resident pass away during the term of this Agreement or should the
Resident become ill to the extent that the Resident may no longer continue to reside
in the Medifrail Group, the Medi Frail Group shall be entitled;
- to terminate this Agreement with immediate effect
- request the responsible person to vacate the property on or before the end of the month in which the occurrence in par.20.1 took place
- Should the Responsible person fail to vacate the premises, then Medifrail Group may pack the belongings of the resident in boxes and may cause for this to be stored at a rate of R550.00 (Five Hundred and Fifty Rand) or part thereof per month. (Medifrail not responsible for the safekeeping of such good or items)
- Under any of the above circumstances, The Medifrail Group will not refund any consideration payable for the remainder f the period in which the Resident is no longer in occupation.
- Under circumstances where the Responsible person requested or where requested to relocate the resident to a medical facility any other place to treat or to recover from illness on temporary basis, he consideration will remain to be payable until such time as the Resident/Responsible Person gives notice that the arrangement will be of the permanent nature, where after the conditions in clause 4 will become applicable.
- The resident/responsible person indemnifies Medifrail directors, staff, subcontractors of any claim resulting from a resident, patient being injured as a result of a fall for whatever reason or any other injury, hospitalization or death, also indemnify Medifrail Directors, staff, contractors or subcontractors from any medical or any other expenses resulting from any of the above.
- Should the Resident pass away during the term of this Agreement or should the Resident become ill to the extent that the Resident may no longer continue to reside in the Medifrail Group, the Medi Frail Group shall be entitled;
20. Unenforceable ProvisionIf any provision or clauses of this Agreement (or any Annexure hereto) is found to be unenforceable, then Medifrail Group shall be entitled to elect (which election may be made at any time) that such provision shall be served from the remaining provisions of this Agreement which shall not be affected, and which shall remain of full force and effect.
- Notwithstanding anything to the contrary herein contained, the Resident will not do anything in or in respect of the leased Premises (including the keeping of anything in the leased Premises) which placed Medifrail Group in breach of any policy taken out by Medi Frail Group in respect of the Property (or any part thereof), which invalidates such insurance policy or which render any such insurance policy void or voidable. Without prejudice to the rights of the remedies of Medifrail Group, if the premiums payable to Medifrail Group in respect of any such insurance policy is increased as a result of breach by the Resident of the provision of this Agreement, then the Resident will pay to Medifrail Group the amount of such increases to Medifrail Group on demand from time to time (save the extend that such recovery would be a duplication of any other cost recovered by Medi Frail Group from the Resident). Medifrail Group will provide the resident with sight of the policies concerned on request.
- Medifrail Group is not liable for any damages to or loss of property or death or injury of persons which the Resident or any other person may suffer from causes arising from or in connection with the leased Premises. Accordingly:
- the Resident/Responsible Person waive any claims which they may have against Medifrail Group in respect of any such damages, loss, death or injury;
- the Resident/Responsible Person indemnify the Medifrail Group against any claims which may be made against Medifrail Group any director, employee, servant, invitee, visitor, representative, agent , contractor or sub-contractor of Medifrail Group in respect of any such damages, loss, death or injury occasioned in the exercise of the daily care obligation.