RespiteAway Facility Platform Agreement

Version 1.0

Effective [Effective date]

This agreement sets out how a retirement home lists on RespiteAway, handles stay requests, protects the information families share, and pays our commission. It includes Schedule A (Fee Schedule), Schedule B (Listing Standards) and Schedule C (Data Protection Schedule).

Contents

The Agreement

1. How this agreement works
2. What each of us does
3. Your account and your team
4. Your listing and booking link
5. Prices
6. Care ceiling and care fit
7. Handling requests
8. Cancellations and refunds
9. Consumer and sector law
10. Commission, invoices and taxes
11. Digital platform reporting
12. Fair dealing about introductions
13. Reviews and your right of reply
14. Personal information
15. Confidentiality
16. Your content and our platform
17. Suspension and removal
18. Term and termination
19. Responsibility, limits and indemnities
20. Insurance
21. Governing law and disputes
22. Notices
23. Changes to this agreement
24. General Acceptance record

Schedule A: Fee Schedule Schedule B: Listing Standards Schedule C: Data Protection Schedule

The Agreement

Parties

This Facility Platform Agreement is between:

[Legal entity name], of [Business address] ("RespiteAway", "we", "us"); and

the operator named in the acceptance record ("you"). This is the legal entity that holds the retirement home licence for each home you list, or that operates the home with the licensee's written authority.

Background

This section is a plain summary. It does not add to or change any term.

• RespiteAway runs a website where families find licensed retirement homes for short respite stays and send stay requests.
• You are the care provider and the care experts. You decide who you admit. You provide the stay and the care. You bill the family directly.
• We do not take payment from families, for us or for you, and we do not collect or store families' payment cards. You pay us a commission on stays.
• Families share sensitive health information with you through us. Both of us must protect it.

1. How this agreement works

1.1 The documents. This agreement is made up of:

• these terms;
• Schedule A, the Fee Schedule;
• Schedule B, the Listing Standards;
• Schedule C, the Data Protection Schedule;
• our Cancellation and Refund Policy and our Community and Reviews Guidelines, as they apply to Platform bookings, reviews and replies; and
• any side letter that both of us sign and that names this agreement.

When your Members use RespiteAway for your facility, this agreement applies to that use instead of our Terms of Use. Our Privacy Policy explains how we handle your Members' personal information. Our page What "Licence checked" Means explains the "Licence checked" badge on your listing. Our Safety and Safeguarding page explains how anyone can raise a concern about someone's safety.

1.2 If documents conflict. This order applies:

1. Schedule C, on anything about personal information;
2. a signed side letter, on what it expressly changes;
3. these terms;
4. Schedules A and B;
5. the Cancellation and Refund Policy and the Community and Reviews Guidelines.

If this agreement and the Cancellation and Refund Policy differ on what a family is owed, the one more favourable to the family applies.

1.3 How you accept. You accept this agreement when an authorized signatory clicks "I agree" on the acceptance screen in your facility dashboard. Before clicking, the signatory confirms that:

• they have authority to bind the operator, as a director, officer, owner or partner, or under written authority from one;
• the operator's legal name, business number and registered address on the screen are correct;
• the operator holds the Retirement Homes Act licence for each home listed under this account, or operates the home with the licensee's written authority; and
• the person named as your privacy contact (Schedule C, Part 16) is correct.

1.4 What we record. We record the signatory's name, title, email and account, the operator's legal name, the version of this agreement, the date and time, and the IP address and browser used. Within one business day, we email a copy of the accepted agreement to the signatory and to the owner email on your account. You can ask for another copy at any time. We keep every version we have published.

1.5 Authority. If you list a home, accept a booking or pay an invoice under this agreement, you confirm it as your own, even if the person who clicked lacked authority.

1.6 Earlier acknowledgments and earlier stays. Before this agreement existed, the dashboard asked you to tick boxes about our commission, the 24-hour response window and the accuracy of your listing. From the date you accept this agreement, it replaces those acknowledgments. Stays confirmed before that date are billed on the terms shown to you at the time: commission on completed stays only, no commission on cancellations, and no commission on a stay that did not happen.

1.7 More than one home. If you list more than one home, this agreement covers each of them. Each home must meet the Listing Standards on its own.

1.8 Words with set meanings.

• Platform: the RespiteAway website, dashboards, emails and related services.
• Family: the RespiteAway account holder who sends a request. The family may be the care recipient.
• Care recipient: the person who would stay at your home.
• Request: a stay request sent to you through the Platform.
• Booking: a request you have accepted.
• Booking record: the details the Platform freezes when a request is sent and when you accept it: dates, room type, nightly rates, care charges, community fee, and the care needs recorded for the care recipient.
• Stay: the care recipient's time at your home under a Booking.
• Care ceiling: the most help you have told us you can give for each care activity (Schedule B, Part 5).
• Members: the people you give access to your facility dashboard.
• Business day: any day except a Saturday, a Sunday or an Ontario public holiday.

2. What each of us does

2.1 What RespiteAway does. We run a booking platform. We:

• publish your listing;
• show families the homes whose declared care ceiling covers the needs they describe;
• send you requests, with the information the family chose to share;
• record your answer and keep the booking record;
• send the family a confirmation and the booking details;
• invoice you our commission; and
• support you and families by email every day, from 8:00 to 22:00 Eastern time, not overnight.

2.2 What RespiteAway is not. We are not:

• a care provider. We do not assess, admit, supervise or care for anyone.
• a placement agency or referral agent. We do not recommend a home to a family. We do not decide where anyone should stay. We do not arrange permanent placement.
• your agent for admission, care or billing. We cannot accept a request for you, promise care for you, or agree terms with a family for you.
• the family's agent.
• a health information custodian under the Personal Health Information Protection Act, 2004 (PHIPA). Schedule C explains our role for information you send us or store on the Platform.
• a payment processor for stays. We do not collect, hold or pass on money between you and families, and we do not collect or store families' payment cards.
• an insurer. There is no RespiteAway coverage for stays.

Nothing in this agreement makes us partners, joint venturers, employer and employee, or franchisor and franchisee.

2.3 What you do. You are the supplier of the stay and the care to the family and the care recipient. The contract for the stay is between you and them. You:

• decide whether to accept each request, using your own professional judgment;
• run your own admission process, including any assessment;
• sign your own written agreement with the resident, as the Retirement Homes Act, 2010 requires;
• provide the accommodation and the care;
• bill the family, collect payment and issue refunds; and
• meet every legal duty of a licensed retirement home.

2.4 What we are responsible for. We are responsible for:

• running the Platform with reasonable care and skill;
• sending your listing, the requests and your answers accurately;
• what we ourselves say to families, including badges, price displays and the disclosure screens and emails we generate from what you enter;
• keeping the booking record; and
• how we handle personal information (Schedule C).

2.5 Our commitments to you.

• We do not mark up your prices. Families pay us nothing.
• We do not ask for exclusivity or price parity. You may list anywhere, take direct bookings and charge less elsewhere.
• If a family searches near a place, the nearest homes come first. Otherwise, homes with the highest average review rating come first, then those with the lowest price. Filters the family chooses remove homes that don't match. Your commission rate and any side letter do not affect your position. No home can pay to appear higher. We will give you 30 days' notice before we change how results are ordered.
• A person, not a form, handles every appeal (section 17.4).

3. Your account and your team

3.1 Who has access. You decide who in your organization has dashboard access, and at what level:

• Owners manage the listing, the team, billing and this agreement.
• Admins handle requests and bookings, reply to reviews and manage the listing.
• Viewers can see your dashboard but cannot change anything. Viewers cannot see care information, contact details or messages.

3.2 Your team's conduct. You are responsible for what your Members do on the Platform. Each Member uses their own account. Do not share logins.

3.3 When someone leaves. Remove a Member's access within 2 business days after they leave your organization or stop needing it.

3.4 Contact details. Keep your contact email, phone and billing email current. New requests and booking emails go to your contact email. Use a work mailbox that your organization controls, not a personal one. A new-request email includes the family member's and the care recipient's names, but no care details. A message notification says a message is waiting. It does not include the message.

3.5 No self-booking. Members may not request stays at their own home through the Platform.

4. Your listing and booking link

4.1 Standards. Your listing must meet the Listing Standards in Schedule B at all times, not just when it is published.

4.2 Licence check. Before your listing goes live, our team checks your licence as Schedule B, Part 2 describes. We may decline to publish a listing that does not meet the Listing Standards. If we do, we tell you why in writing.

4.3 What our badge means. The "Licence checked" badge on your listing, with its date, means only what What "Licence checked" Means says: that our team checked, on the date shown, that your licence shows "Issued" on the public register of the Retirement Homes Regulatory Authority (RHRA). Do not describe it as an endorsement, inspection or recommendation by RespiteAway or by the RHRA.

4.4 Pausing. You can pause new requests at any time with vacation mode. Pausing hides your listing from search and stops new requests. It does not cancel confirmed bookings. Those stay your responsibility.

4.5 Your booking link. A booking link is optional. You decide whether to use one. If you do, we give you a web address and a QR code that open your home's page on the Platform. Families who use your booking link see only your home while they book and while their request is open. Our pages and emails about a request through your link never show other homes, except as section 4.7 says. A family is still free to search the Platform on its own. Your prices are always shown, and so is our name. We never give your booking link to another home, even after this agreement ends.

4.6 Our name, logo and QR artwork. While this agreement lasts, you may use our name, our logo and the QR artwork we give you to point families to your booking link, for example on your website or in printed material. This is a limited, non-exclusive, royalty-free licence. Use them unchanged. Do not combine them with your own logo or use them for anything else, apart from what section 16.5 allows. This licence does not cover our badges (Schedule B, Part 3.3).

4.7 Declines and pauses. If a request that came through your booking link is declined or expires, we show the family your phone number, or your website if you chose it instead, and no other homes. While you pause your listing, your booking link opens a page that shows that contact and no other homes. If we pause your listing for a safety concern, a licence problem or suspected impersonation, your booking link shows a neutral notice with our contact details instead. If you cancel a confirmed booking, or we pause your listing while a family has a confirmed stay, a person on our team may still help the family look for another place (sections 7.7 and 17.5).

4.8 Same commission. A request through your booking link is a request sent through the Platform, and section 12 applies to it. If you accept it, the booking carries the same commission as any other booking (section 10 and Schedule A).

4.9 Other ways to reach you. Keep a working phone number on your account. We use it to reach you, and section 4.7 says when a family from your booking link sees your phone number or website. Wherever you share your booking link, keep another way for families to reach you, such as your phone number. Do not tell a family it must use RespiteAway to stay with you. Families create their own accounts and send their own requests. Do not do either for them. If you send your booking link by email or text, you are responsible for any consent the law requires.

4.10 What you see. Each request records whether it came through your booking link or through RespiteAway search. We record this when the request is sent, and it does not change. You can see which of your requests came through your link. We never tell you who opened your link without sending a request.

5. Prices

5.1 You set your prices. You set your room rates, care charges and any community fee. We show them as you enter them.

5.2 All-in prices. The price a family sees before sending a request must be a price they can actually pay. It must include every charge they have to pay for that stay, other than sales tax. That means the room, the care charges that follow from the needs the family described, and any community fee. Schedule B, Part 4 sets out how. This follows the drip-pricing rules in the Competition Act (ss. 52(1.3) and 74.01(1.1)). Those rules reach us as the publisher of the price and you as the business that sets it.

5.3 Taxes on stays. Whether GST/HST applies to a stay is your decision. CRA Memorandum 21-3 (Respite Care Services) treats many respite stays as exempt care services, but not every stay qualifies. Tell us how each rate is taxed and we will show it that way. You are responsible for charging, collecting and remitting any tax on stays.

5.4 The booking record is the price. When you accept a request, you agree to provide the stay at the price in the booking record. Changing your listing later does not change a confirmed booking.

5.5 If your assessment shows different needs. Your admission assessment may show that the care recipient needs materially more help than the family described. If so, you may offer the family a revised price before the stay starts. The family may accept it or cancel. If they cancel for this reason, they owe nothing and you refund everything they have paid you for the stay. Tell us about any revised price so the booking record and our invoice match (Schedule A, Part 5).

6. Care ceiling and care fit

6.1 You declare your care ceiling. For each care activity in Schedule B, Part 5, you tell us the most help you can give a respite guest. You also tell us which clinical, medication, diet, memory and behaviour needs you can meet, and what you charge for care. You are the care experts. We rely on what you tell us.

6.2 Keep it accurate. Declare only what you can reliably deliver to a respite guest with the staff you actually have on shift, and within your licence. If your capacity drops, for example because of staffing gaps or an outbreak, lower your ceiling or pause your listing within 1 business day. Do not raise your ceiling to accept one request unless you can deliver that level for anyone who books.

6.3 What the Platform does with it. The Platform blocks a request, and blocks your acceptance, when a need the family recorded is above your declared ceiling. This is a filter, not an assessment. It only compares the family's answers with yours. It can be wrong if either set of answers is wrong.

6.4 Your assessment is yours. Accepting a request on the Platform does not replace your admission assessment or your plan of care. Your duties under the Retirement Homes Act and O. Reg. 166/11 to assess residents and prepare a plan of care apply to respite residents. The regulation allows an assessment to be done before arrival.

6.5 No diagnosis labels. The Platform shows you the care needs in the terms the family chose. We do not turn functional answers into diagnoses, and you will not ask us to. If you need more for admission, ask the family directly.

7. Handling requests

7.1 Respond within 24 hours. Accept or decline each request within 24 hours of receiving it. If you do not, the Platform declines the request automatically and tells the family.

7.2 If you cannot respond. If you cannot review requests for a while, turn on vacation mode. Missing the window is not, on its own, a breach of this agreement. A pattern of missed requests may lead us to pause your listing under section 17, so families are not left waiting.

7.3 Declining. You may decline any request for a genuine reason. Examples: you cannot meet the care recipient's needs, you have no suitable room, or the stay does not fit how your home runs. You may not decline for a reason the Ontario Human Rights Code prohibits. Your decline reason is shown to the family word for word. Keep it factual, and do not include information about anyone else.

7.4 Accepting confirms care fit. When you accept a request, you confirm that:

• a person authorized by you has reviewed the care information the family shared;
• on that information, you believe you can provide the care the care recipient needs, within your licence and your declared care ceiling; and
• you will provide the stay on the terms in the booking record, subject to your admission assessment.

The Platform records who accepted, when, and the wording they saw.

7.5 Before arrival. You may ask the family questions, ask for the documents you need for admission, and arrange an assessment. Keep your questions to what you need to admit and care for the person.

7.6 If you cannot admit. If, before or at arrival, you find you cannot safely meet the care recipient's needs, tell the family and us at once.

• If the family described the needs accurately, treat it as a cancellation by you under section 7.7.
• If the family materially misdescribed the needs, your written agreement with the family governs any charge, subject to consumer protection law.

7.7 If you cancel a confirmed booking. You may cancel a confirmed booking up to the end of the check-in day, and only for a genuine reason, such as a safety concern, an outbreak, an order from a public health unit or the RHRA, the loss of your licence, or an emergency at your home. When you cancel:

• give the reason on the Platform. We send it to the family as written;
• refund everything the family paid you for the stay, including any community fee, within 15 days; and
• cooperate with us while we help the family look for another place. A person on our team contacts the family within 1 business day.

No commission is payable on a booking you cancel. A pattern of cancellations without genuine reasons is a ground for suspension (section 17). After the check-in day, you cannot cancel a stay. For a stay that ends early, use "mark completed early".

7.8 Ending a stay early. You may end a stay early when your written agreement with the resident and the Retirement Homes Act allow it, including when you can no longer safely meet the resident's needs. If you end a stay early for any reason other than the family's choice, including a care need you cannot meet or a safety pause, you refund every unused night in full, plus any amount the family paid for care that was not delivered, within 15 days. Each night's share is the stay price divided by the number of nights booked. Mark the stay completed on the day the resident leaves.

7.9 No-shows. A no-show means the care recipient did not arrive on the check-in date and the family did not cancel or tell you. A confirmed stay counts as having happened unless you report through the Platform that the guest didn't arrive, from the check-in date until the end of the second day after check-in, in your local time. For a Monday check-in, that means until the end of Wednesday. We tell the family, and the family can tell us that the stay did happen, which opens a dispute. A no-show carries no commission (Schedule A, Part 5). What you may charge the family for a no-show follows the terms you gave the family.

7.10 Fixed dates, extensions and permanent moves. Respite bookings have fixed dates, within the shortest and longest stay shown for each room. You set those limits for each room type. An extension is a new booking. If a respite guest decides to move in permanently, that happens outside the Platform, under your own process, and no commission applies to the permanent residency (Schedule A, Part 5). The Residential Tenancies Act, 2006 does not apply to accommodation occupied for short-term respite care (s. 5(l)). A stay with no fixed end may stop being respite.

8. Cancellations and refunds

8.1 Your own terms. RespiteAway has no cancellation policy of its own, and we set no cancellation, refund or deposit terms for your home. Your deposit, payment and cancellation terms are your own, subject to this agreement and the law.

8.2 Requests are free. Sending a request is free and commits the family to nothing. The family can withdraw a request at no cost at any time before you answer it.

8.3 Tell the family your terms before taking any money. Once you accept a request, you confirm your deposit, payment and cancellation terms directly with the family. You must tell the family those terms before you take any money from them. The family arranges and pays any amount directly with you. This is what we tell families before they send a request (section 9.3).

8.4 Never a RespiteAway charge. RespiteAway never charges the family. Never present a deposit, a fee or any other charge as a RespiteAway charge, or your cancellation terms as a RespiteAway policy.

8.5 Hospital admission or death before check-in. This rule applies at any time before check-in, whatever your own terms say. If the care recipient is admitted to hospital, or dies, before check-in, the family may cancel, and you refund everything they paid you for the stay, including any community fee. The family owes nothing for the stay. You may ask for reasonable proof, such as a note from the hospital confirming the date of admission, or a death notice. Do not ask for a diagnosis or medical records. The family sends any proof to you, not to us. If the care recipient is admitted to hospital or dies after check-in, section 8.10 applies.

8.6 Your promise to the family. When you accept a request, you promise the family, as well as us, that you will honour sections 7.8, 8.2, 8.5 and 8.7 and the booking record. Your written agreement with the family, and the terms you give them, must not be less favourable to them on these points for a Platform booking. If they are, the booking record and these sections govern. You may always be more generous.

8.7 The community fee. The community fee is part of the stay price. You return it in full if you cancel (section 7.7), if section 8.5 applies, or if the family cancels under a legal right described in section 8.11. When you end a stay early, it is refunded as part of each unused night's share of the stay price (section 7.8).

8.8 You issue refunds, within 15 days. You issue every refund this agreement requires, directly, within 15 days after the cancellation, using the payment method the family paid with unless you and the family agree on another way. These refunds include any tax the family paid on the refunded amount. Any other refund follows the terms you gave the family. We do not hold or send money, and we cannot issue refunds for you.

8.9 Cancellations made directly with you. If a family cancels by telling you directly, for example by phone on the check-in date, tell us the date and time they told you, so the booking record is right.

8.10 Leaving early and changing dates.

• If the care recipient leaves early for any reason other than you ending the stay, including a hospital admission or death during the stay, tell us through the Platform the day they left. Any refund for the nights not used follows the terms you gave the family.
• If you end a stay early for any reason other than the family's choice, section 7.8 applies.
• If you and the family agree to move a booking to new dates, tell us before the stay so the booking record and our invoice match.

8.11 The law comes first. Consumer protection law can give families cancellation and refund rights beyond your own terms, for example under ss. 40 and 92 to 96 of the Consumer Protection Act, 2002. You honour those rights. If a right arises only because of a defect in a screen or email we generated, section 19.5 applies.

8.12 If a family says you have not followed the booking record. Within 2 business days, a person on our team contacts you, sends you the booking record and asks you to honour it. If you refuse to honour the booking record, we may pause or remove your listing under section 17.

8.13 Commission. Cancelled bookings and no-shows carry no commission. On an early departure, commission applies to the nights stayed. Schedule A, Part 5 explains.

9. Consumer and sector law

9.1 You comply. You comply with every law that applies to you as a retirement home and as a business that deals with consumers, including:

• the Retirement Homes Act, 2010 and O. Reg. 166/11: your licence; the written agreement with the resident (s. 53 and O. Reg. 166/11 s. 9); the information package (s. 54 and O. Reg. 166/11 s. 10); assessments and plans of care; your complaints process; and giving your itemized price list to anyone who asks (s. 55(3));
• the Consumer Protection Act, 2002 and O. Reg. 17/05, as the supplier of the stay;
• PHIPA, as a health information custodian (Schedule C);
• the Ontario Human Rights Code and, where it applies to you, the Accessibility for Ontarians with Disabilities Act, 2005; and
• tax law, for the stays you sell.

9.2 A respite guest is a resident. Under the Retirement Homes Act, a respite guest is a resident. A short stay does not switch off your duty to give the written agreement and the information package. Our confirmation does not replace either of them.

9.3 What we build for you. For each request, we:

• show the family, before they send it, your legal and operating names, your contact details, a description of the stay, an itemized all-in price, when and how they pay you, the dates, and that admission depends on your assessment;
• tell the family, before they send it, that sending a request is free and commits them to nothing, that RespiteAway never charges them, and that if you accept, you will share your payment, deposit and cancellation terms with them before they pay anything, and they pay you directly;
• give the family a chance to review and correct the request before sending it; and
• send the family a confirmation when you accept, designed to serve as the copy of the agreement that the Consumer Protection Act requires.

These screens and emails are built from what you enter. Keep it accurate.

9.4 No long-term care. Do not list long-term care beds. Admission to a long-term care home, including for short-stay respite, needs the placement co-ordinator's authorization under the Fixing Long-Term Care Act, 2021 (s. 55). If your campus includes a long-term care home, list only the retirement home part.

9.5 Who can book. Families must be 18 or older and live in Canada outside Quebec. Care recipients must be 18 or older. Health and social care professionals acting in their job, such as hospital staff, discharge planners, case managers and paid caregivers, may not send requests for their patients or clients. If you believe a request breaks these rules, tell us before you accept it.

9.6 Reporting harm. Nothing in this agreement limits anyone's duty or right to report to the Registrar of the RHRA, the police or any other authority. See Schedule C, Part 10.

10. Commission, invoices and taxes

10.1 Commission. You pay us a commission of 10% of the stay price (room, care and any community fee) for the nights actually stayed, for stays booked through the Platform, as Schedule A sets out. There is no commission on cancelled stays or no-shows. A confirmed stay counts as having happened unless you report that the guest didn't arrive (section 7.9). On an early departure, commission applies to the nights stayed. Families pay us nothing.

10.2 Invoices. We invoice you monthly through Stripe Invoicing. Payment is due 14 days after the invoice date.

10.3 Disputes. You can question any invoice line under Schedule A, Part 6. Pay any amount you do not dispute on time.

10.4 Taxes. Our commission does not include GST/HST. If we are registered for GST/HST, we add it to each invoice and show our registration number (Schedule A, Part 8).

10.5 Billing details. Keep your billing name, email and address current. The billing name must be your legal name.

11. Digital platform reporting

11.1 Why we ask. Canada's reporting rules for digital platform operators (Income Tax Act, Part XX) may require us to report to the Canada Revenue Agency the amounts families pay for stays booked through us, even though that money does not pass through us.

11.2 What you give us. Within 30 days after you accept this agreement, and before your first stay is invoiced, you give us:

• your legal name;
• your primary or registered address;
• your business number or other tax identification number;
• your business registration number, if you have one and it is different; and
• the address of each home you list.

Keep this information current. If you are a publicly traded company, a related entity of one, or a government entity, tell us. You may not be reportable.

11.3 What we report. For each calendar year, we report the information above and the amounts for stays completed through the Platform, as the law requires. We give you a copy of what we report about you by January 31 of the following year. Before we first report, we tell you what we will report.

11.4 If you do not provide it. The law requires us to ask for this information. If you have not given it after two written reminders, we may pause new requests until you do. The law may also penalize a seller who does not provide a tax number when asked.

11.5 Records. We keep these records for at least 6 years.

12. Fair dealing about introductions

12.1 What this protects. Our commission pays for finding families and running the Platform. This section stops a request or booking that started on the Platform from being moved off it to avoid the commission. It is deliberately narrow.

12.2 No steering. For a request or booking that started on the Platform, do not ask or encourage the family to cancel it and book with you directly. Do not offer them a lower price to do so.

12.3 What this section does not cover. Families are always free to contact you and arrange a stay with you directly, and that stay carries no commission. This section only covers moving a request or booking that started on the Platform off it.

12.4 Good faith, not audits. We will not audit your records. We rely on your good faith. If we have a genuine concern, we will raise it with you and may ask for a written confirmation.

13. Reviews and your right of reply

13.1 Who can review. Only the family that made the booking can review it, once, after a stay that took place. A booking that ended as a no-show cannot be reviewed. Our Community and Reviews Guidelines set out the full rules.

13.2 Your side does not review. Your owners, staff, their families and anyone you pay may not review your home or a competing home. Do not offer anything in return for a review. Do not make a refund or any other benefit depend on a review. If you ask guests for reviews, ask every guest, not only the ones you expect to be happy.

13.3 Right of reply. An owner or admin may post one public reply to each review.

13.4 Protect privacy when you reply. You are a health information custodian. A public reply that confirms a person stayed with you, or says anything about their health or care, may itself be a disclosure of personal health information under PHIPA. So, in a public reply:

• do not confirm that a particular person stayed with you, or say anything that identifies them;
• do not mention anyone's health, care or behaviour, even if the reviewer did;
• do not argue the facts of someone's care in public. Offer to talk directly;
• do not name or describe staff or other residents; and
• do not threaten, insult or retaliate against the reviewer.

Keep it short and courteous. A reply that follows these rules might read: "Thank you for taking the time to share this. We take every comment seriously and would like to talk with you directly. Please call our manager at the number on our listing." We may remove a reply that breaks these rules.

13.5 Reporting a review. You may report a review that is fake, abusive, discloses private or health information, is about the wrong home, or comes from someone with a conflict of interest. A person on our team looks at every report under the Community and Reviews Guidelines and tells you the outcome. We do not remove honest criticism.

13.6 Ratings and order. Your average rating affects the default order of search results (section 2.5).

13.7 No review gags. Do not ask families to agree not to review you. Do not penalize anyone for an honest review.

14. Personal information

Schedule C governs personal information exchanged through the Platform. In short:

• you are a health information custodian under PHIPA for the personal health information you collect and create, including what you receive through the Platform;
• you use what we send you only to assess the request, prepare for and provide the stay, and meet your legal duties;
• you do not export it for other uses, and you do not use it for marketing;
• we use what you send us only for the purposes in Schedule C, Part 9; and
• each of us tells the other promptly about a privacy breach.

15. Confidentiality

15.1 What is confidential. Each of us may receive the other's confidential information: non-public business information that is marked confidential or that a reasonable person would understand to be confidential. For you, this includes your occupancy, your performance data and your non-public pricing. For us, it includes non-public product plans, commercial terms and security information. Personal information is governed by Schedule C, not this section.

15.2 How we treat it. Each of us uses the other's confidential information only for this agreement. Each of us shares it only with people who need it and are bound to keep it confidential, and with professional advisers.

15.3 Exceptions. This section does not apply to information that is public through no fault of the person who received it, was already known to them, or was developed independently. Either of us may disclose confidential information when the law requires it, and will tell the other first where the law allows.

15.4 Combined information. We may use and publish information about the Platform that is combined across homes and does not identify you, a family or a care recipient, for example average response times across all homes.

15.5 How long. This section applies during this agreement and for 3 years after it ends.

16. Your content and our platform

16.1 You own your content. Your listing text, photos, logos and other material you give us remain yours.

16.2 Licence to us. You give us a non-exclusive, royalty-free licence to host, copy, display, format (for example, resize or crop), translate and publish your content on the Platform, and in places that point families to your listing, such as search engines and our own emails. The licence ends 30 days after your listing comes down. It continues for copies in backups, in booking records, and in material already published before then.

16.3 Featuring you. We will not name you as a partner, feature your home in advertising, or quote you in our marketing, beyond your listing, without your written consent.

16.4 Your promises about content. You have the rights to everything you give us. Photos show your home as it is now. No photo shows a resident or any other identifiable person unless you have that person's written consent. Nothing you post includes anyone's health information.

16.5 Our platform. We own the Platform, our brand, our software, our care ceiling framework and the compilations of data we create. You get a limited right to use the Platform for this agreement. You may say that your home is listed on RespiteAway and link to your listing. Section 4.6 sets out how you may use our name, logo and QR artwork with your booking link.

16.6 Suggestions. If you suggest improvements, we may use them freely.

17. Suspension and removal

17.1 Grounds. We may pause or remove your listing if:

1. the RHRA public register no longer shows "Issued" as the licence status of a listed home, including because of revocation, suspension or refusal, or the licence has passed an expiry date without proof of renewal;
2. the RHRA places conditions on your licence that, after our review, we reasonably consider affect respite stays;
3. your required insurance lapses;
4. we have a credible concern about the safety of a care recipient;
5. your listing is materially inaccurate and you do not correct it within 5 business days after we ask;
6. you repeatedly fail to meet your duties under section 8, or to honour booking records or confirmed bookings;
7. an invoice is more than 45 days overdue, is not in good-faith dispute, and we have given you written notice;
8. you misuse personal information or seriously breach Schedule C;
9. you, or someone acting for you, commits fraud or impersonates another home; or
10. you materially breach this agreement in another way and do not fix it within 15 business days after notice.

17.2 Immediate pause. For grounds 1, 2, 3, 4, 8 and 9, we may pause your listing at once. We send you written reasons within 24 hours. When the ground is ground 1, we pause the listing the same day we learn of it.

17.3 Otherwise, notice first. For any other ground, we give you specific written reasons and 14 days' notice before removal, and a chance to fix the problem.

17.4 Appeal to a person. You can appeal any pause or removal by email to support@respiteaway.com. A person on our team who did not make the decision, where we can arrange it, reviews your appeal and replies in writing within 7 days.

17.5 Confirmed bookings. A pause or removal does not cancel confirmed bookings. They go ahead unless the reason for the pause makes the stay unsafe or unlawful. In that case, you cancel under section 7.7. When we pause a listing because of its licence, a person on our team contacts every family with a confirmed upcoming stay within 1 business day and helps them decide what to do.

17.6 Returning. A paused listing returns once the reason is resolved. A listing paused because of its licence returns only after a new check.

18. Term and termination

18.1 Start and length. This agreement starts when you accept it and continues until either of us ends it.

18.2 Ending for any reason. Either of us may end this agreement for any reason with 30 days' written notice.

18.3 Ending at once. Either of us may end this agreement at once, by written notice, if the other:

• materially breaches it and does not fix the breach within 15 business days after notice; or
• becomes bankrupt or insolvent, or stops carrying on business.

We may also end it at once for any ground listed in section 17.2.

18.4 What happens when it ends.

• Your listing comes down and no new requests are sent to you.
• Your booking link stops working, and the licence in section 4.6 ends. Within 30 days, remove our name, logo and QR artwork from your website and from other materials you control.
• Confirmed bookings go ahead under this agreement, unless you, the family and we agree otherwise.
• You pay commission on those stays as they complete.
• We send a final invoice within 60 days after the last of those stays is completed.
• Schedule C, Part 15 applies to personal information.

18.5 What continues after it ends. Sections 7.7, 7.8 and 8 (for confirmed bookings), 10, 11, 12 (for confirmed bookings), 13.4, 14, 15, 16.2 (as stated there), 19, 21 and 24, Schedule A (for amounts owed), and Schedule C.

19. Responsibility, limits and indemnities

19.1 Who carries which risk. You are responsible for the care you provide, your premises, your staff, your admission decisions, your listing content, your refunds, and your compliance with the laws that apply to a retirement home. We are responsible for running the Platform, what we say to families, the screens and emails we generate, and our handling of personal information. Each of us is responsible for its own breaches of this agreement.

19.2 Your indemnity. You will defend us against claims by others, and pay the resulting damages, fines, settlements you approve and reasonable legal costs, to the extent they arise from:

• the care, accommodation or services you provide;
• your premises or staff;
• your listing content;
• your breach of law;
• your handling of personal information; or
• a refund you owe and did not pay.

19.3 Our indemnity. We will defend you against claims by others, and pay the resulting damages, fines, settlements we approve and reasonable legal costs, to the extent they arise from:

• the operation of the Platform;
• what we say to families, including badges, displayed prices and disclosure screens, except where we repeated inaccurate information you gave us;
• a security breach of our systems;
• our handling of personal information; or
• a claim that the Platform infringes someone's intellectual property.

19.4 Shared fault. Where both of us contributed to a loss, each pays in proportion to its share of fault.

19.5 Refunds caused by our screens. A family may have a legal right to cancel and be refunded only because a disclosure, review step or confirmation email that we generated did not meet the Consumer Protection Act, and not because of anything you entered or did. In that case, we reimburse you the amount you refunded that you would otherwise have kept under the terms you gave the family.

19.6 How claims are handled. The party asking for protection tells the other promptly, lets it control the defence with counsel it chooses, and cooperates. Neither of us settles a claim in a way that admits fault for the other, or puts an obligation on the other, without the other's consent. Consent is not to be unreasonably withheld.

19.7 Cap. Each party's total liability to the other under this agreement in any 12-month period is limited to the greater of:

• the commission you paid or owed us in the 12 months before the event that caused the claim; and
• $25,000.

19.8 Higher cap for privacy and indemnities. For breaches of Schedule C, and for the indemnities in sections 19.2 and 19.3, the limit is the greater of $250,000 and the limit of the responsible party's applicable insurance.

19.9 No cap. Sections 19.7 and 19.8 do not limit liability for fraud, wilful misconduct, gross negligence, death or personal injury caused by negligence, or amounts owed under the Fee Schedule.

19.10 Indirect loss. Neither of us is liable to the other for lost profit, revenue or goodwill, or for indirect or consequential loss. This does not apply to the items in section 19.9, or to amounts payable to others under sections 19.2 and 19.3.

19.11 The law. Nothing in this agreement limits liability that the law does not allow to be limited.

All amounts in this agreement are in Canadian dollars.

20. Insurance

20.1 Yours. You keep the insurance in Schedule B, Part 6.

20.2 Ours. We keep commercial general liability, technology errors and omissions, and cyber and privacy liability insurance. We give you a certificate on request.

20.3 No effect on liability. Insurance does not limit either party's liability under this agreement, except as section 19.8 says.

21. Governing law and disputes

21.1 Law. The laws of Ontario and the federal laws of Canada that apply in Ontario govern this agreement.

21.2 Talk first. If a dispute arises, either of us may send a written notice describing it. Within 10 business days, a person with authority from each side will talk and try in good faith to resolve it.

21.3 Mediation. If that does not resolve the dispute within 30 days after the notice, either of us may refer it to mediation with an independent mediator in Ontario, in person or by video. RespiteAway pays the mediator's fees for the first mediation between us in any calendar year.

21.4 Courts. If mediation does not resolve the dispute within 60 days, either of us may start a proceeding in the courts of Ontario, including the Small Claims Court for a claim within its limit.

21.5 Urgent relief. Either of us may go to court at any time for urgent relief, such as an order to stop a misuse of personal information.

21.6 Invoices. Invoice disputes go through Schedule A, Part 6 first.

22. Notices

22.1 Day-to-day notices. Requests, bookings, invoices and listing issues come through the dashboard and by email to your contact or billing email. Every email we send, including booking emails, identifies RespiteAway, gives our business address and a way to contact us, and has a working unsubscribe link. The link stops emails you don't need. Emails about an open request or booking, invoices, security and notices under this agreement still reach you.

22.2 Formal notices. Notices of breach, suspension, termination or changes to this agreement must be in writing and sent by email:

• to us at hello@respiteaway.com, with "Formal notice" in the subject line; and
• to you at the owner email on your account and the signatory's email.

A formal notice by email is received on the next business day after it is sent, unless the sender receives a delivery failure. Either of us may also deliver a formal notice by courier to the other's business address. Ours is [Business address].

22.3 Other contacts. For help, billing questions and concerns, write to support@respiteaway.com. We answer email every day from 8:00 to 22:00 Eastern time, not overnight. In an emergency, call 911. For privacy matters, including breach notices, write to our Privacy Officer at privacy@respiteaway.com.

22.4 Keep addresses current. You can change your notice emails in the dashboard.

23. Changes to this agreement

23.1 30 days' notice. We may change this agreement, including its schedules, by giving you at least 30 days' written notice. The notice says what is changing and when.

23.2 Never retroactive. A change never applies to a booking confirmed before the change takes effect, or to commission already earned.

23.3 Fee increases need your agreement. An increase in the commission rate, a new fee, or a change to what the commission is charged on that increases what you pay applies to you only if you accept it in the dashboard. If you do not accept it, you may end this agreement under section 18.2, and the old fees apply until it ends.

23.4 Your right to leave. If you do not want any other change, you may end this agreement by notice before the change takes effect. Confirmed bookings finish on the old terms.

23.5 Changes the law requires. If a law or a regulator requires a change sooner, we may make it on shorter notice and will tell you why.

23.6 Changes in your favour. A change that only benefits you, such as a lower rate, may take effect at once.

24. General

24.1 Entire agreement. This agreement, with its schedules, the policies listed in section 1.1, and any signed side letter that names it, is the whole agreement between us about its subject. It replaces earlier discussions, drafts and dashboard acknowledgments, except as section 1.6 says. A side letter exists only if both of us signed it and it names this agreement.

24.2 Severability. If a court finds part of this agreement unenforceable, the rest stays in force, and that part is enforced as far as it can be.

24.3 No waiver. Not enforcing a right does not waive it.

24.4 Assignment. We may assign this agreement to an affiliate, or to a buyer of all or part of our business, by notice to you. You may assign it with our consent, which we will not unreasonably withhold, for example when you sell a home to a new licensee. The new operator must accept this agreement and hold the licence.

24.5 Events beyond control. Neither of us is responsible for a delay caused by events outside its reasonable control, such as a natural disaster, a widespread outage or a public health order. This does not excuse refunds owed, data protection duties, the duty to report under Schedule C, Part 10, or the duty to tell families and each other about a cancelled stay.

24.6 Promises to families. This agreement is between you and us, with one exception. When you accept a booking, your promises in sections 5.4, 5.5, 7.7, 7.8, 8.2 and 8.5 to 8.10 are also made to the family, and the family may rely on and enforce them.

24.7 Language. This agreement is in English.

24.8 Electronic acceptance. Acceptance by clicking, and records kept electronically, are valid under the Electronic Commerce Act, 2000.

24.9 Reading this agreement. Headings are for convenience only. "Including" means "including but not limited to". Amounts are in Canadian dollars unless an invoice says otherwise.

Acceptance record

When you accept, the Platform records:

• the operator's legal name, business number and registered address;
• each home covered, with its name, address and RHRA licence number;
• the name, title and email of the person who accepted;
• the authority statement they confirmed: "I have authority to bind the operator named above, and I accept this Facility Platform Agreement, including Schedules A, B and C, on its behalf.";
• the operator's PHIPA contact person, with name, title, email and phone;
• the version of this agreement; and
• the date and time, IP address and browser.

RespiteAway is bound by this agreement from the moment you accept it.

Schedule A: Fee Schedule

Part 1. Summary

Part 2. Rate

2.1 The commission rate is 10% of the stay price.

2.2 A different rate for your homes applies only if it is set out in a side letter that both of us signed. Your billing page shows the rate that applies to you.

Part 3. What the commission applies to

3.1 The stay price. The stay price for a booking is the total in its booking record:

• room charges for the booked nights;
• care charges calculated for the care recipient's recorded needs; and
• the community fee, if you charge one.

3.2 What is not in the stay price.

• GST/HST or any other tax you charge the family.
• Charges outside the booking record, such as optional extras the family buys during the stay (for example hairdressing, outings, transport or personal supplies).
• Any amount you charge for a permanent residency that follows a respite stay.

3.3 Nights stayed. Commission applies only to nights actually stayed. Each night's share is the stay price divided by the number of nights booked. On an early departure, the commission is 10% of the share for each night stayed. What you keep, charge or refund under the terms you gave the family does not change the commission.

Part 4. When the amount is fixed

4.1 The rate and the stay price are fixed when you accept the request. Later changes to your listing prices, or to our rate, do not change the commission on that booking.

4.2 If the Platform did not record the amount at acceptance, we calculate it from the booking record when the stay is completed.

Part 5. What carries commission

How we learn that a guest didn't arrive or left early. A confirmed stay counts as having happened unless you report through the Platform that the guest didn't arrive. You can report it from the check-in date until the end of the second day after check-in, in your local time. We tell the family. If the family tells us the stay did happen, that opens a dispute. Report an early departure, with the day the guest left, on your commission page before the invoice is issued. If you have not reported an early departure by then, we invoice the full commission on the stay price, and you can correct it by disputing the line under Part 6.

Part 6. Reviewing and disputing invoices

6.1 Before the invoice. Your commission page lists each booking from check-in until it appears on an issued invoice. During that time you can flag it as a cancellation, an early departure or a stay that was not a fit. A report that the guest didn't arrive must be made within the window in Part 5. We review your flag. If we agree, we remove or reduce the line.

6.2 After the invoice. You may dispute any line within 30 days after the invoice date, through the dashboard or by email to support@respiteaway.com. Say which booking and why.

6.3 Our answer. We reply within 10 business days. If we agree, we issue a credit on your next invoice, or a refund if there will be no further invoice. If credits are larger than an invoice, that invoice is cancelled and the balance carries forward.

6.4 Pay what you do not dispute. Pay undisputed amounts on time. A disputed amount is not overdue while the dispute is open in good faith.

6.5 Card and bank disputes. Please talk to us before disputing a payment with your card issuer or bank. If you start a chargeback, we may mark your billing account as past due until it is resolved. We will not pause your listing because of a chargeback on a line you disputed with us in good faith.

6.6 If we cannot agree, section 21 applies.

Part 7. Invoices and payment

7.1 Billing period. Each invoice covers stays completed (checked out) in the previous calendar month at your published homes.

7.2 When. We issue invoices on the 7th of each month.

7.3 What you see. Stripe emails the invoice to your billing email. The invoice shows the month's total. Your commission page shows each booking that makes up the total.

7.4 How you pay. You pay through the Stripe invoice page. We do not collect or store your bank details.

7.5 When payment is due. 14 days after the invoice date.

7.6 Currency. Canadian dollars.

Part 8. Taxes

8.1 Our commission does not include GST/HST.

8.2 If we are registered for GST/HST, we add it at the applicable rate and show our registration number on each invoice. If we register after you accept this agreement, we tell you before the first invoice that includes it.

8.3 Each of us is responsible for its own income taxes. You are responsible for all taxes on your stays.

Part 9. Late payment

9.1 We do not charge interest or late fees.

9.2 If an invoice is overdue, we email you a reminder at 7 days and call you at 14 days. If you need a payment plan, ask us.

9.3 If an invoice is 45 days overdue and not in good-faith dispute, and we have given you written notice, we may pause new requests until it is paid. Confirmed bookings are not affected.

Part 10. Commission-free periods and side letters

10.1 A commission-free period, if any, is set out in a side letter. It applies to each stay whose checkout date falls on or before the last day of the period.

10.2 Your billing page lists any side letter in force for you.

Part 11. Worked examples

All examples use a 5-night stay at $180 per night, care charges of $40 per night and a community fee of $250.

• Stay price: room $900 + care $200 + community fee $250 = $1,350. Each night's share is $270.
• Stay completed as booked: commission $135.00. If we are registered for HST, 13% HST adds $17.55, for $152.55.
• Family cancels before check-in: commission $0, whatever you keep or refund under the terms you gave the family.
• Care recipient is admitted to hospital 2 days before check-in: you refund everything the family paid. Commission $0.
• Guest didn't arrive, and you report it by the end of the second day after check-in: commission $0, whatever you keep under the terms you gave the family. If you do not report it in that window, the stay counts as having happened: commission $135.00.
• Care recipient leaves by choice after 3 of 5 nights: commission applies to the 3 nights stayed, 3 nights at $270, or $810: commission $81.00. Any refund for the 2 unused nights follows the terms you gave the family and does not change the commission (section 8.10).
• You end the stay after 3 of 5 nights because you can no longer meet the person's needs: you refund the 2 unused nights in full ($540) under section 7.8. Commission on the 3 nights stayed: $81.00.

Part 12. What families pay us

Families pay us nothing. We do not collect, hold or pass on money for you, and we do not collect or store families' payment cards.

Schedule B: Listing Standards

Part 1. Who can list

1.1 Eligible homes. You may list a home only if:

• it is a retirement home in Ontario licensed under the Retirement Homes Act, 2010;
• its licence status on the RHRA public register is "Issued", for the same name and address as your listing; and
• you hold the licence, or operate the home with the licensee's written authority.

1.2 Not eligible.

• Long-term care beds, including long-term care short-stay respite (section 9.4).
• Homes outside Ontario, including any home in Quebec.
• Homes for children, including pediatric respite.
• Any home whose register status is revoked, refused or suspended, or that is listed as an unlicensed operator.

1.3 Licences with conditions. If the RHRA has placed conditions on a home's licence, we review the conditions before we list the home or keep it listed. We may decline or pause the listing if the conditions affect respite stays. Where we list a home with conditions, the listing says so and links to the register.

1.4 Campuses. On a campus that includes a long-term care home or other services, list only the part licensed as a retirement home.

Part 2. Licence check and re-checks

2.1 Before your listing goes live.

1. You give us your licence number and regulator, and upload at least one document, such as your licence certificate.
2. A person on our team looks the home up on the RHRA public register.
3. We compare the register record with what you told us: the home's name, address, licence number and licence status.
4. We check for the same licence number or address on another listing.
5. We call the home at the phone number on its RHRA record to confirm that the person who signed up speaks for the home.
6. We list only homes whose register status is "Issued".
7. We record the date and result of the check.

2.2 Re-checks. We check again every 90 days, within 2 business days after you change your home's name, address or licence details, and whenever we learn of a change on the register or receive a concern about your listing. Each new check updates the date on your badge.

2.3 Expiry dates. If your licence or certificate shows an expiry date, give it to us, and send us proof of renewal before it passes. If it passes without proof of renewal, we pause your listing until we can check it again.

Part 3. What the badge says, and the RHRA's name

3.1 Our badge. Your listing shows a "Licence checked" badge with the date of our last check, explained on our page What "Licence checked" Means. It means only that our team checked, on that date, that your licence showed "Issued" on the RHRA public register. It links to your register record. It does not mean we inspected your home, assessed the quality of your care, checked your staff, or reviewed your inspection reports. It does not cover insurance.

3.2 The RHRA's name and logo. Do not use the RHRA logo or symbols, on the Platform or in material that refers to it. Do not suggest that the RHRA, the Government of Ontario or RespiteAway endorses you. Stating your licence status factually is fine. RespiteAway never uses the RHRA logo.

3.3 Our badge stays on the Platform. Do not copy our badge into your own materials.

Part 4. Prices

4.1 Every mandatory charge is in the Platform. Enter, for each home:

• nightly room rates for each room type;
• your care charges, under the pricing method you choose; and
• your community fee, if any. It is part of the stay price (section 8.7).

4.2 No hidden mandatory charges. Do not charge a Platform family any charge they must pay to stay that is not in the booking record, such as an administration fee or an assessment fee. Your deposit, payment and cancellation terms are your own, and you tell the family about them before you take any money (section 8.3).

4.3 Payment terms. When and how families pay you is up to you. Tell the family before you take any money (section 8.3). The Platform does not show your payment terms.

4.4 Optional extras. Describe any optional extras on your listing, and charge for them only if the family chooses them.

4.5 Care charges. Price every care need you declare, or mark it as included in the room rate. If the Platform shows a need as included, do not charge for it. If you declare a need without a price, the Platform may stop you from accepting requests that involve it.

4.6 Tax. Tell us whether each rate is exempt from GST/HST or taxable, so the price shown is right (section 5.3).

4.7 Display. The Platform shows families one all-in price for their dates and needs before they send a request, including the community fee, with any tax shown clearly. A "from" price in search is a price someone can actually book.

Part 5. Care ceiling declarations

5.1 The eight activities. For each of these, declare the most help you can give a respite guest:

5.2 The rest of your care profile. Also declare the clinical needs, medication help, diets, memory and supervision support (including a secured setting, if you have one) and behaviour support you can provide, and the age range you accept. The age range must start at 18 or older.

5.3 Before you publish. The Platform requires answers for all eight activities and your age range before your listing goes live.

5.4 The standard. Declare what you can deliver to a respite guest on every shift, within your licence and the care services your home provides. If your capacity changes for a while, pause your listing. If it changes for good, update your declaration within 1 business day.

5.5 No diagnosis categories. The Platform does not ask homes for "populations served" or diagnosis categories. Families are matched on the help a person needs.

Part 6. Insurance

6.1 Minimums. Keep, for each listed home:

• commercial general liability: at least $1,000,000 per occurrence and $3,000,000 aggregate;
• professional liability for the care services you provide: at least $1,000,000 per claim and $3,000,000 aggregate;
• abuse and molestation coverage: at least $1,000,000, which may be a sub-limit;
• workplace safety insurance (WSIB) where the law requires it; and
• for homes with a secured memory care setting: at least $2,000,000 per occurrence and $5,000,000 aggregate for general and professional liability.

6.2 Certificates. Give us a current certificate of insurance before your listing goes live, and a renewed certificate each time your policy renews, before the old certificate expires. Send it through your dashboard or to support@respiteaway.com. A home already listed when you accept this agreement gives us its certificate within 30 days.

6.3 Changes. Tell us within 2 business days of any lapse, cancellation or material reduction in your coverage. If required coverage lapses, we may pause your listing until it is restored.

6.4 Additional insured. If your insurer allows it at no material extra cost, name RespiteAway as an additional insured on your general liability policy for claims arising from your operations.

6.5 Not part of the badge. We collect your certificate of insurance, but we do not check the coverage itself. The "Licence checked" badge does not cover insurance. These requirements are your promise to us.

Part 7. Accurate listings

7.1 True, current and not misleading. This covers your name, address, description, photos, rooms, amenities, accessibility features, languages and any staff credentials you list. Keep proof of any credential you list.

7.2 Photos. Use photos of your home as it is now. Do not use stock images presented as your home. No photo may show a resident or other identifiable person without that person's written consent.

7.3 No health information. Your listing must not include health information about anyone.

7.4 Claims you can support. Do not make claims you cannot back up, such as "the safest home in Ontario". The Competition Act requires an adequate and proper test before a performance claim is made.

7.5 Contact details. Do not put contact details in listing text or photos to route requests around the Platform. Your contact details go in the fields provided.

7.6 Corrections. Correct an error within 5 business days after we ask, or at once if it affects safety or price.

Part 8. Respite scope and availability

8.1 List only short-term respite stays with fixed dates.

8.2 Keep availability current. If a room is booked elsewhere, block it. A double booking that forces you to cancel is a cancellation by you (section 7.7).

8.3 During setup, you state a minimum stay in nights for your home, and families see it on your listing. You may also set a minimum notice of 0 to 168 hours before check-in, a booking window of up to 730 days ahead, and minimum and maximum nights for each room type. Families see these as the shortest and longest stay for each room (section 7.10).

Part 9. Tell us within 2 business days

Tell us within 2 business days after:

• any change in the RHRA licence status of a listed home, including conditions, suspension, revocation, refusal or a change of licensee;
• an order from the Registrar or a public health unit that stops or limits admissions;
• a lapse, cancellation or material reduction of required insurance;
• a change in your legal name, ownership, control or address; and
• anything that makes your care ceiling materially inaccurate, unless you have already paused your listing.

A privacy breach has its own timeline (Schedule C, Part 8).

Part 10. Fair treatment and accessibility

10.1 Do not refuse a request on a ground the Ontario Human Rights Code prohibits. Age-based eligibility is allowed only as the Code permits. You may decline when you genuinely cannot meet a person's needs, after considering accommodation of a disability to the point of undue hardship.

10.2 Describe your accessibility features accurately, for example step-free entry and accessible washrooms.

10.3 Welcome service animals and support persons as the law requires.

Schedule C: Data Protection Schedule

Part 1. Purpose and roles

1.1 Why this Schedule exists. Families tell us about the care recipient's health and care needs so they can find and request a stay. When a family sends you a request, we disclose that information to you with the family's express consent. This Schedule sets out how each of us handles it.

1.2 Your role. You are a health information custodian under PHIPA (s. 3(1), paragraph 4, item ii.1: a retirement home within the meaning of the Retirement Homes Act, 2010). You are a custodian for the personal health information you collect and create, including what you receive through the Platform. Your PHIPA duties are yours. Nothing in this Schedule reduces them.

1.3 Our role. We are not a custodian. Federal privacy law (PIPEDA) governs how we handle personal information. For personal health information you send us, PHIPA s. 49 limits what we may do with it (Part 9). For records you keep on the Platform for your own use, we act as your service provider (Part 11). We are not your agent for any other purpose.

1.4 Your Members. Members who access personal health information do so on your behalf. You are responsible for them under PHIPA and this agreement.

Part 2. What you receive, and when

Only your owners and admins can see the information below. Viewers cannot.

Your contact email also gets an email when a request arrives. It includes the family member's and the care recipient's names, but no care details.

The Platform does not collect medication lists, allergies or medical documents. If you need them for admission, ask the family directly.

Access only what the Platform shows you. Do not try to reach information about a care recipient that the Platform does not display to you, including through tools other than the dashboard.

Part 3. How you may use it

You may use the information you receive through the Platform only to:

• assess the request and decide whether to accept it;
• prepare for and provide the stay, including your admission assessment and plan of care;
• communicate with the family about the request or the stay;
• handle a complaint, concern or dispute about the request or the stay; and
• meet your legal duties, including record-keeping and reporting under the Retirement Homes Act.

Part 4. What you may not do

• Do not use the information, or the family's contact details, for marketing, including marketing your other services, unless the family gives you its consent directly.
• Do not sell, rent or share it, except within your care team as Part 3 allows, or as the law requires or permits.
• Do not export, scrape or bulk-download it. Copy into your own records only what you need for a stay you have accepted, or an assessment you have begun.
• Do not use it to build lists, profiles or analytics about families or care recipients.
• Do not put it into AI tools or other third-party services, except service providers that handle health information for you under your own PHIPA obligations.
• Do not contact a family whose request expired or was withdrawn to win back the stay off the Platform (section 12.2).

Part 5. Your staff and access controls

5.1 Give dashboard access only to people who need it for the purposes in Part 3. Use the viewer role for anyone who does not need to see care information.

5.2 Each Member uses their own account. No shared logins.

5.3 Remove access within 2 business days after a Member leaves or stops needing it.

5.4 Make sure every Member who can see care information is bound to keep it confidential and is trained on your privacy practices.

5.5 Use the strongest sign-in protection the Platform offers for owners and admins.

Part 6. Safeguards

6.1 Protect the information with safeguards suited to its sensitivity, as PHIPA requires of you.

6.2 Use a work mailbox your organization controls for your contact email. Do not forward Platform emails to personal accounts.

6.3 Do not print or download care information unless you need it for the stay. Store and destroy any copy securely.

6.4 Tell us at once if you think a Member's login has been compromised.

6.5 Our side: we protect the information with safeguards that match its sensitivity, including access controls that let you see only requests sent to you, encrypted connections, records of when our team opens a booking or an account, two-step sign-in for our team, and confidentiality agreements and training for our team. Our team can join a booking's message thread to help.

Part 7. Retention and deletion

7.1 Your copies.

• Declined, expired or withdrawn requests, and bookings cancelled before arrival: delete any copy you made outside the Platform within 30 days, unless you began an admission record the law requires you to keep.
• Stays that went ahead: what you put into your resident record is your record. Keep and destroy it as PHIPA and the Retirement Homes Act require.

7.2 Your access on the Platform. The Platform ends your access as Part 2 shows: right away when a request is declined, expires or is withdrawn, and 90 days after a stay ends or a confirmed booking is cancelled. After that, you keep only what you need for invoices.

7.3 Our copies. Our Privacy Policy sets out how long we keep information. For the information in this Schedule:

• care details sent with a request that is declined, expires or is withdrawn: deleted 30 days after the request closes;
• care details and messages for a confirmed booking: deleted 2 years after the stay ends, or within 30 days if the family deletes its account first;
• booking and billing records without care details: kept for 6 years from the end of the tax year of the stay, as tax law requires; if the family deletes its account, we remove the family member's and the care recipient's names from them;
• the record of a request that was declined, expired or was withdrawn: kept for 12 months, or 30 days if the family deletes its account first;
• your internal booking notes: deleted with the booking's care details, 2 years after the stay (see Part 11.4);
• your listing: deleted 12 months after you leave RespiteAway, except billing and licence-check records;
• your licence documents, licence-check records and certificates of insurance: kept while you are listed, then 2 years; and
• your billing records and invoices: kept for 6 years from the end of the tax year.

Part 8. Privacy breaches

8.1 What counts. A privacy breach is any loss or theft of personal information, or any access, use or disclosure of it without authority. This includes a compromised dashboard login.

8.2 You tell us. Tell our Privacy Officer at privacy@respiteaway.com within 48 hours after you become aware of a breach involving information you received through the Platform, or involving your Platform accounts. Tell us what you know, and update us as you learn more.

8.3 We tell you. We tell your PHIPA contact person within 48 hours after we become aware of a breach of our systems that involves your requests, bookings or Members, or information you sent us.

8.4 Each meets its own duties. You meet yours under PHIPA, including notifying affected individuals and reporting to the Information and Privacy Commissioner of Ontario where the law requires. We meet ours under PIPEDA, including reporting to the Office of the Privacy Commissioner of Canada and notifying individuals where there is a real risk of significant harm, telling organizations that can reduce the harm, and keeping breach records for at least 24 months.

8.5 Working together. We each contain the breach, keep the evidence, and cooperate. Where we both have to notify the same family, we try to agree one clear message. Neither of us delays a notice the law requires.

8.6 Costs. Each of us bears the cost of a breach in its own systems, subject to section 19.

Part 9. Information you send us

9.1 What it includes. You send us information when you accept or decline a request, write messages, cancel, mark a stay complete, report a no-show or an early departure, flag a booking on your commission page, reply to a review, or write internal notes. Some of it is personal health information. Your listing and care ceiling declarations are business information, not health information.

9.2 How we may use the health information you send. PHIPA s. 49 limits our use and disclosure of personal health information you send us to the purpose you sent it for, or to carry out a legal duty. We use it only to:

• deliver it to the family or other person it is addressed to;
• keep the booking record and show it to the people who can already see it;
• calculate, invoice and resolve disputes about commission;
• handle complaints, concerns, disputes and safety issues about the booking;
• keep the Platform secure and investigate misuse; and
• meet our legal duties, including reports under the Retirement Homes Act (Part 10) and lawful orders.

We do not use it for marketing, research, profiling, training AI, or any other purpose.

9.3 Send only what is needed. Send us, and the family through us, only the health information needed for the purpose. Decline reasons, cancellation reasons and messages are shown to the family. Never include information about other residents.

9.4 Combined information. We may produce combined statistics that identify no individual, such as average response times. These are not health information.

Part 10. Reporting harm and booking events

10.1 The duty to report. Under s. 75(1) of the Retirement Homes Act, 2010, a person who has reasonable grounds to suspect that any of the following has occurred or may occur must immediately report the suspicion, and the information it is based on, to the Registrar of the RHRA:

• improper or incompetent treatment or care of a resident that resulted in harm or a risk of harm to the resident;
• abuse of a resident by anyone, or neglect of a resident by the licensee or the staff of the retirement home, that resulted in harm or a risk of harm to the resident;
• unlawful conduct that resulted in harm or a risk of harm to a resident; and
• misuse or misappropriation of a resident's money.

10.2 It applies to both of us. This duty applies to you and your staff. It also applies to our team.

10.3 What we do. If what we learn gives us reasonable grounds for such a suspicion, we report it to the Registrar ourselves, with the information our suspicion is based on. We may not be able to tell you first, or at all.

10.4 What you do. Nothing in this agreement limits your reporting, or ours. Do not discourage anyone from reporting, or from raising a concern with us, and do not retaliate against a resident, a family or a staff member who does. The Retirement Homes Act protects people who report to the RHRA from retaliation. Cooperate with the Registrar. Our Safety and Safeguarding page explains how anyone can raise a concern with us.

10.5 Booking events. Tell us through the Platform within 1 business day when, for a Platform booking, a confirmed stay is cancelled, ends early, or the care recipient does not arrive, or an outbreak, an order or a licence action stops a stay. A report that the care recipient did not arrive must also be made within the window in Schedule A, Part 5. The event and its date are enough. Do not send us health details we do not need to manage the booking.

Part 11. Records you keep on the Platform

11.1 What these are. Internal booking notes and facility-only messages are records you keep on the Platform for your own use. Families cannot see them.

11.2 Our role for them. We store them for you as a service provider. We do not use or disclose them except to provide the service to you, to meet a legal duty, or as Part 9 allows for the booking. Our team members who can access them are bound to keep them confidential.

11.3 Keep clinical records in your own system. The Platform's notes are for coordinating a booking. They are not a clinical record system.

11.4 How long notes are kept. Your internal notes are deleted with the booking's care details, 2 years after the stay. If you leave RespiteAway, you can ask for a copy within 90 days, and we then delete them, except copies we must keep by law.

Part 12. Requests from individuals and complaints

12.1 Who answers. Requests to see or correct information held on the Platform come to us. Requests about your own records go to you. If one of us receives a request meant for the other, it passes the request on within 5 business days.

12.2 Corrections. If a family corrects care information during an active request or booking, the Platform shows you the update. The booking record keeps the original as a snapshot.

12.3 Complaints. Families may complain to us, to you, to the Office of the Privacy Commissioner of Canada about us, and to the Information and Privacy Commissioner of Ontario about you. We help families reach the right place.

Part 13. Where information is processed, and our service providers

13.1 Our service providers. We use service providers to run the Platform, for hosting and database services, email delivery, network services, commission invoicing, error reporting, optional sign-in, address checks and fonts. Our Privacy Policy names them. We require each to protect personal information under a written agreement. Our invoicing provider receives no care information.

13.2 Outside Canada. Our service providers store and process information in Canada, the United States and other countries, and some of our team work from the United States. Information outside Canada is subject to the laws of that country.

13.3 Your providers. If you use service providers that store Platform information, including outside Canada, you remain responsible for them under PHIPA.

Part 14. Who the Platform serves

14.1 We do not list homes in Quebec, and we do not accept family accounts or care profiles for people who live in Quebec. Care recipients must be 18 or older.

14.2 If you learn that the family member or the care recipient on a request lives in Quebec, or that the care recipient is under 18, tell us. We may withdraw the request.

Part 15. When this agreement ends

15.1 Confirmed bookings continue under this Schedule until the stay and its invoicing are finished.

15.2 Your access to the Platform ends after that. Part 7 continues to apply to your copies.

15.3 Part 11.4 applies to your internal notes.

15.4 This Schedule continues to apply to any information either of us still holds.

Part 16. Contacts

16.1 Ours. Our Privacy Officer, at privacy@respiteaway.com, or by mail at [Business address].

16.2 Yours. Your PHIPA contact person, named in the acceptance record. Keep this current. We send breach notices and questions about reporting harm to this person.