This contract is made between Tuskhome ltd trading as Nightingales rest home whose registered office is situated at 34 Florence Road, Wylde Green, Sutton Cold field, West Midlands, B73 5NG. (hereinafter called the OWNER) of the first part
(hereinafter called the CLIENT) of the second part and
(hereinafter called all the LIABLE RELATIVE) of the third part
The owner has agreed with the parties hereto that residence at the Nightingales. Residential Home 34 Florence Road aforesaid (the Nightingales) will be offered upon the following terms and conditions:
There is currently available the following accommodation
Fees will be charged currently on the following basis:
Increases are anticipated annually from 1st April with 28 days notice being given if possible. However, when it becomes necessary to change the status of accommodation being given in accordance with Clause 1 hereof a minimum of 7 days notice of and increase of fees will be given and the increased fees will be due and payable from the expiry of the notice given.
The following services are included within the fees stated:
2.2.1 Meals (room service by arrangement)
Most special diets can be catered for, provided that reasonable notice is given, but the owner reserves the right to make an additional charge from any special diet and to refuse to offer a special diet in its sole discretion if it becomes impractical so to provide.
2.2.2 The use of shared facilities.
2.2.3 Laundry, but excluding dry cleaning.
2.2.4 Individual attention at the entire discretion of the owner and its staff.
There is not included within the prescribed fees the following:
Hairdressing; chiropody; physiotherapy; outside entertainment; newspapers; periodicals; etc.
Many of these can be arranged at the discretion of the owner for an additional charge as appropriate.
All fees are payable monthly by bankers order one month in advance on the first day of the month with the exception of the first months fees, which shall be paid on the first month of residence. If any fees become two months in arrears or more the owner reserves the right to require the client to vacate the Nightingales forthwith.
Interest is payable and will be charged on any sums not received within fourteen days of the due date at the rate of 5% above Barclays bank base lending rate for the time being.
The Liable Relative hereby acknowledges that by virtue of this contract and in consideration of the services supplied by the owner to the client, he is jointly and severally liable with the client for all sums due to the owner under the terms of this contract.
The owner may at his sole discretion agree to accept part payment of the fees due under this contract by the local authority. This is entirely without prejudice and the owner's rights and to the obligation of the client and the Liable Relative shall remain jointly and severally liable to the owner for any shortfall in the fees and any additional sums charged by the owner from time to time and any sums received from the local authority.
There will be a trial period of twenty eight days from the date of admission during which time either the owner or the client can terminate this contract with one month fees being due and payable by the client. During this period of mutual assessment the clients are urged and advised not to dispose of their assets.
On the death of the client there will be no reimbursement of any fees paid calculated to the end of the month during which death occurred.
Subject to the provision of 3.1 and 3.2 hereof either party may terminate this contract upon two months written notice with full fees payable by the client and the liable relative for the period of notice whether or not the client remains at the Nightingales during the full period of notice.
Full fees will be payable during all periods of temporary vacation including hospitalization unless written notice is given in accordance with clause 3.3 hereof.
Without prejudice to clauses 3.1, 3.2, 3.3 and 3.4 the owner shall be entitled to terminate this contract without notice on the following grounds:
3.5.1 Where the behavior of the client is such that in the reasonable opinion of the owner, the health, welfare and comfort of one or more of the other clients in the Nightingales is being unreasonably interfered with by a client.
3.5.2 Where the owner at his sole discretion feels that he is unable to satisfactorily cope with the medical requirements of the clients.
4. Personal Property
The clients are allowed to have with them personal belongings and items of furniture at the sole discretion of the owner. The owner will not insure the same unless he formally agrees to do so in writing. The client shall therefore ensure that their personal belongings are always adequately insured.
Any complaints must be made in the first instance to either Mrs.Gillian Crosse or Mrs. Gayle Goodhead. If after this procedure has been followed the client still feels dissatisfied he should notify the owner if reasonably possible in writing with his reasons for dissatisfaction and that he intends to refer the problem to the CQC, Citygate, Galloway Gate, Newcastle upon Tyne, NE1 4PA. Tel: 03000616161. Further to this, complaints should also be written to The Ombudsman at; The Oaks, Westward Way, Westward Business Park, Coventry, CV4 8JB. On no account, unless in an emergency, should a complaint be referred to a member of staff.
Any accident must be notified to a member of staff or the owner immediately.
The owner will use his best endeavors to ensure that all religious views are respected.
The client is asked if at all possible to advise the owner of full details of his next of kin and all other relations and friends that may wish to visit or be interested in his welfare. The client is further advised to advise the owner of any special wishes on death and if possible the location of his will if any.
The owner is free to consider any suggestions and recommendations that it is felt by the parties hereto would enhance the health, comfort and welfare of the clients and will use his best endeavors to answer any questions relating to a clients welfare.
During occupation of the room it may be deemed necessary to alter the room, by redecoration or by up-
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