Delaware Code Title 6. Commerce and Trade § 2503K. Remedy

(a) A violation of this chapter is an unlawful practice under § 2513 of this title and a violation of subchapter II of Chapter 25 of this title.

(b) Any resident, individual applying for dementia care services, or their authorized representative may sue for injunctive or other appropriate equitable relief to enforce this chapter.

(c) The remedies provided in this section are not intended to be the exclusive remedies available to a resident, individual applying for dementia care services, or the individual's authorized representative, nor must the resident, individual applying for dementia care services, or the individual's authorized representative exhaust any administrative remedies provided under this chapter or any other applicable law.

(d) No agreement between the resident, individual applying for dementia care services, or the individual's authorized representative, and an assisted living facility may contain a provision that, prior to a dispute arising, waives or inhibits, or has the practical effect of waiving or inhibiting any rights under this chapter or the rights of a resident, individual applying for dementia care services, or the individual's authorized representative to resolve that dispute.  This includes any of the following:

(e) Any provision in a written agreement violating subsection (d) of this section or any other provision of this chapter is void and unenforceable.  A court may refuse to enforce any written agreement as equity may require.