Sober Living Fox Cities Participant Contract Revised

Transcription

1 Sober Living Fox Cities Participant Contract Revised This is a legal and binding document, please read it very carefully and initial the blank lines doing so indicates that you have read and understand each statement. I realize that this sober house to which I am applying for residency has been established in compliance with the conditions of 2036 Federal Anti-Drug Act of 1988, P.L as amended which provides that the house require the house residents to: Prohibit all Program Participants from using any alcohol or illegal mind-altering substances; Terminate Sober Living Fox Cities Program Participant Contract/Agreement for any Program Participant who violates such prohibition; Share household expenses among Program Participants; This Participant Contract ( Contract ) is entered into this day of 20 by and between ( Participant ) and Sober Living Fox Cities. Whereas the mission of Sober Living Fox Cities is to assist those suffering from addiction in living a clean and sober life, and; Whereas Sober Living Fox Cities believes its mission can be further accomplished by implementing a Sober Living Fox Cities that will provide temporary housing to those recovering from addiction who satisfy the program requirements, and; Whereas Participant desires to participate in the Sober Living Fox Cities to obtain the benefits afforded by that program, and; Whereas Participant understands that participation in the Sober Living Fox Cities is a privilege conditioned upon full compliance with the Sober Living Fox Cities rules and the Contract Now, therefore, Participant and Sober Living Fox Cities agree as follows: Section 1. Participation in Sober Living Fox Cities 1. Participant shall be allowed to participate in Sober Living Fox Cities Sober Living Fox Cities ( Program ) for an initial term of months, commencing MONTH, DAY, and YEAR. This Contract may be renewed at the discretion of Sober Living Fox Cities, upon Participant s request. 2. Participation in the Program is conditioned upon Participant a) signing this Contract; b) paying the fees set forth in Section 2, below; c) entering into a House Level Agreement that sets forth the specific behavioral expectations for Participant; and d) fully complying with all rules, agreements, and contracts applicable to Participant and the Program. Participant understands and acknowledges that Participant has no right to participation in the Program and that such participation can be terminated at any time by Sober Living Fox Cities. 3. As long as Participant remains in the Program, Sober Living Fox Cities will provide Participant with housing in one of the Program homes. Page 1

2 4. Participant understands and acknowledges that participation in the Program does not create a tenancy or other legal relationship between Participant and Sober Living Fox Cities beyond the terms of this Contract. Section 2. Participant Fees 5. Program fees will be outlined in the House Level Agreement. Section 3. House Level Agreement 6. Upon acceptance into the Program, each Participant must enter into a House Level Agreement that will set forth the specific expectations for Participant. 7. The House Level Agreement will set forth 8. Failure to abide by the terms of the House Level Agreement may result in immediate termination of Participant from the Program. Sober Living Fox Cities retains the sole discretion to determine whether or not a Participant is abiding by the terms of the Participant s House Level Agreement and to determine the appropriate consequence for failure to abide by those terms. 9. Any changes to a House Level Agreement are effective only once reduced to writing and signed by Sober Living Fox Cities. The House Level Agreement will control if any question is raised regarding the expectations for Participant. Section 4. Program Rules 10. Exhibit A sets forth the Program Rules currently in effect. Participant must review and ensure that he/she understands all Program Rules. 11. Participants must comply with all Program Rules. Failure to abide by any Program Rule may result in immediate termination of Participant from the Program. Sober Living Fox Cities retains the sole discretion to determine whether or not a Participant has violated a Program Rule and to determine the appropriate consequence for any Program Rule violation. 12. Sober Living Fox Cities retains the right to modify, delete, or add Program Rules at any time. Participants will be informed of any such changes to the Program Rules. If Participant is unwilling to comply with any new or changed Program Rule, Participant will be terminated from the Program. Section 5. Release and Hold Harmless Agreement 13. Participant hereby acknowledges and affirmatively states: a. I am fully and adequately informed of the nature of the Program and understand the risks that may be inherent to the Program. b. I am currently of sound mind and not under the influence of any drugs or alcohol. c. I understand that I will be living in shared housing and am solely responsible for the safekeeping of my property. 14. Participant hereby releases, waives, and discharges Sober Living Fox Cities, its owners, officers, employees, advisors, and assigns (collectively, Released Parties ) from all liability to Participant for any and all injury, loss or damage to Participant on account of injury to Participant or Participant s personal property, including injury resulting in the death of Participant, while Participant is participating in the Program. This release includes, but is not limited to, any injury that may result from any first aid, medical treatment, or service rendered to Participant in the event of any injury or medical emergency relating to Participant. Page 2

3 15. Participant hereby assumes full responsibility for the risk of injuries to Participant and Participant s property, whether due to the negligence of the Released Parties or otherwise, and agrees to indemnify (compensate) the Released Parties for any loss, liability, damage, or cost the Released Parties may incur due to the injuries suffered by Participant. Participant agrees to never institute suit or action against the Released Parties for damages, cost, expenses, or loss of services resulting from injuries arising from participation in the Program. Section 5. No Rights Created 16. Participant understands and agrees that participation in the Program creates no enforceable property or personal right for Participant s benefit. Participant has no right to participate in the Program and may be terminated from the Program at any time. Participant further has no interest or right to any Sober Living Fox Cities property to which Participant may have access or be granted use while in the Program. 17. Participant agrees that Participant is not protected by, nor will Participant invoke any protections of local landlord tenant laws. 18. Participant acknowledges and agrees that any work performed by Participant as part of the Program is done as a volunteer and does not create an employment or independent contractor relationship between Participant and Sober Living Fox Cities. Participant further acknowledges that such work is a requirement of the Program and Participant is not entitled to any compensation for such work. 19. I agree that I will participate in the Sober Living Fox Cities and will abide by all its rules and regulations; I specifically agree that if I violate any of the rules and regulations of Sober Living Fox Cities services I can be expelled from the property and forfeit any rights to my sobriety/compliance deposit. I agree that final determination for any disciplinary action will be made by Sober Living Fox Cities and may not be appealed; 20. I agree that if I am terminated from Sober Living Fox Cities, I forfeit my sobriety/compliance deposit and prepaid program fees; 21. I agree that if I default on any portion of this contract and Sober Living Fox Cities has to go to any court to collect program fees, I am liable in full for the payment of these fees. 22. I hereby release and hold harmless Sober Living Fox Cities and its owners, from any and all lawsuits that may be brought by me, any member of my family and heirs in perpetuity for any tort or action whatever. 23. This Program Contract/Agreement shall not be subject to debate. Its interpretation is solely at the discretion of management. 24. I understand that management is here to help me follow a program of recovery and to provide a safe, structured living environment. I understand that being confronted on my behaviors is part of living in this house. 25. I have read the above Program Contract/Agreement and agree to follow the house rules and expectations as outlined above. It is my responsibility to know what the house rules and expectations are. 26. I understand it is my responsibility to be familiar with all house rules, expectation, and guidelines and I understand it is my responsibility to follow house rules, expectations, and guidelines as outlined in the above Program Participant agreement. 27. I understand that by signing the Sober Living Fox Cities Program Participant agreement I release Sober Living Fox Cities, it s owners, affiliates, house managers, residents, or any other affiliates of Sober Living Fox Cities, from any and all liability during my participation in, or resulting from my actions Page 3

4 or actions of others while a resident at any residence owned, operated, leased, managed or affiliated with Sober Living Fox Cities. 28. I understand that if I do not follow house rules, expectations and guidelines as set forth in this agreement, whether stated, implied, or set forth by any manager of Sober Living Fox Cities, that I will be asked to leave immediately and that I will forfeit all deposits, program fees or other expenses I have paid. 29. I understand that that as a resident of Sober Living Fox Cities housing programs that I am living in an alcohol and drug free shared housing property managed by a house manager. I also understand that residency in any Sober Living Fox Cities owned, managed, or leased property is in the capacity of a Program Participant sharing a housing unit and not a tenant with tenant rights or possession of space exclusively. 30. The undersigned participant agrees to release, waive, and discharge Sober Living Fox Cities, any owners, partners, affiliates, officers, managers, house managers, house residents, employees, or subcontractors of Sober Living Fox Cities from any and all liability during the participants participation in, or resulting from the participants actions or inactions, while in the Sober Living Fox Cities. 31. The undersigned agrees to release, waive, and discharge Sober Living Fox Cities from all liability for any and all loss or damage to participant on account of injury to the participant or participant s personal property, even injury or relapse resulting in the death of the participant in any of the activities provided or occurring in the dwellings owned, operated, leased, managed, or affiliated with Sober Living Fox Cities. 32. The undersigned participant releases Sober Living Fox Cities from any claim whatsoever on account of first aid, or medical treatment or service rendered to the participant as a result of injuries. 33. Participant agrees to be financially liable and responsible for any and all medical costs related to any injuries occurring while participating in Sober Living Fox Cities or while living at any Sober Living Fox Cities property, whether owned, operated, leased, or managed by Sober Living Fox Cities. 34. The undersigned participant and/or resident expressly agrees that this Release and Hold Harmless Agreement is intended to be as broad and inclusive as permitted by the laws of the State of Wisconsin, and that if any portion hereof is held invalid it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. 35. By initialing this paragraph, I certify that I am empowered to act on my own behalf. 36. I understand that by signing this form I release Sober Living Fox Cities, the house managers, or any other affiliates from any and all liability during my participation or resulting from my actions or actions of others while a Program Participant at the house. 37. I have read the Sober Living Fox Cities Program Participant Contract/Agreement and house rules, expectations, and guidelines and I understand that by signing this release I agree to the terms set forth in the agreement. 38. Participant expressly agrees that this Release and Hold Harmless Agreement be as broad and inclusive as permitted by the laws of the State of Wisconsin, and that if any portion hereof is held invalid it is agreed that the balance shall; notwithstanding, continue in full legal force and effect. Page 4

5 Sober Living Fox Cities Program Participant Contract & Agreements Revised Sober Living Fox Cities House Rules 1. Each participant must enter into a house level agreement that sets forth the specific requirements necessary to remain in the Sober Living Program. a. Failure to abide by the terms of your house level agreement may result in immediate termination from the Sober Living Program. b. If your situation changes, your house level agreement may be modified according. c. Sober Living Fox Cities has sole discretion in determining whether or not a participant has violated the terms of his/her house level agreement. 2. All participants must maintain an active program of recovery and abstinence. a. Specific requirements will be defined per house level agreement. b. Any use of prohibited substances, on or off Sober Living Fox Cities sober premises, may constitute grounds for immediate termination from the Sober Living Program. 3. Keep a safe, peaceful environment a. Absolutely no weapons are allowed on Sober Living Fox Cities property. b. Courtesy and consideration will be shown regarding the use of TV, radio/ stereo and personal communication or technological devices. c. Headphones must be used when using personal devices such as cell phones, ipods, or tablets, in common areas. 4. Quiet time hours are 11p.m. to 7:00 a.m. i. Quiet time is defined as T.V s and radios turned off in the common area. ii. Personal devices may be used during quiet time only if: 1. Headphones are used or volume is turned off in common areas. 2. Volume is kept at a level that cannot be heard outside participant s bedrooms. 5. Be respectful of others work and sleep schedules. 6. Curfew will be set forth in your house level agreement. 7. Any comments, attitudes, harassment and/or behaviors that are derogatory towards any group or individual including but not limited to: race, religion and/or sexual orientation are not acceptable in any context or circumstances at any time, and are grounds for termination from the Sober Living Fox Cities. 8. Any behavior that constitutes bullying as determined by Sober Living Fox Cities staff is grounds for immediate eviction of Sober Living Fox Cities. a. Bullying includes, but is not limited to, behaviors that have the impact of belittling, insulting, intimidating, or harassing the person at which they are directed. b. Bullying includes verbal and non-verbal behaviors. Page 5

6 c. Sober Living Fox Cities has sole discretion to determine if a behavior constitutes bullying. 9. Work/volunteer work/school. a. Each participant will have specific requirements for attending work, volunteer activities, or school, as set forth in his/her house level agreement. b. If your work or school situation changes, you must immediately notify management. 10. Staying out (sleeping elsewhere) a. Restrictions will be set forth in your house level agreement b. If, due to unseen circumstances, you must remain out overnight, you must immediately notify Management. 11. All residents of the house will be accountable as to their whereabouts. a. Your house level agreement will set forth your expected daily whereabouts. b. If your circumstances change or you require an exception, you must obtain permission to deviate from your house level agreement. 12. House Meetings. a. You must attend all House Meetings as set forth in your house level agreement. 13. Upkeep and cleaning of premises a. All Sober Living Fox Cities participants are expected to keep the house clean and neat. b. Weekly cleaning and chores (including lawn care in summer, shoveling in winter) will be assigned and must be completed before the following week s house meeting. c. Keep personal items out of public areas d. Keep personal space clean, neat, and presentable at all times. e. Dishes are not to be left in the sink. Do your dishes after you use them! f. Any participant not meeting this expectation will be evicted. g. Please help keep OUR houses nice and neat so they are desirable places to live. Take pride in your house. This takes a consistent, concerted effort by all members. 14. Smoking (includes E-cigarettes) a. Absolutely no smoking is allowed inside any Sober Living Fox Cities house. b. All smoking shall be done outside, in designated area only, and cigarette butts disposed of properly. 15. Food. a. Do not eat other people s food. Label food if necessary. b. Residents are strongly encouraged to eat together whenever possible. c. Do not eat in bedrooms 16. Medications. a. Management must be informed of all medications you are taking. b. Medications shall be kept with personal belongings and not left out for all to see. c. Follow all doctors orders regarding medications. d. Failure to follow doctors orders in taking medications will result in termination of program. e. Any abuse of over the counter medicines will result in termination of program. This is using behavior and will not be tolerated. Page 6

7 f. Management must be informed of any needs to bring any addictive/pain medicine into the house before such medicine is brought into the house. 17. Animals/Pets are prohibited on premises. 18. Gambling is prohibited on premises. 19. Sex is prohibited on premises. a. Any internet sex, browsing of internet sex sites, pornography, sexting, or any such other behavior or material is strictly prohibited. 20. Personal space / Property a. Respect others personal space/boundaries and personal property. b. Do not go into others room without their permission. c. Do not borrow others possessions without permission d. Do not loan money or borrow money from other residents. This leads to problems. e. Do not loan cars. 21. House Guests a. No guests at the house, including children, parents and siblings, outside of scheduled family days. b. Family days will be determined by the SL Coordinator. 22. Failure to abide by Sober Living Fox Cities Rules f. Failure to abide by the above rules may result in revocation of certain privileges or may result in immediate termination of program participation. g. Sober Living Fox Cities retains sole discretion to determine the appropriate consequence for violation of the Sober Living Fox Cities rules. h. Upon departure, personal items will be held no more than 72 hrs. I have read and understand the Sober Living Fox Cities Rules. I agree to abide by such rules. I understand that Sober Living Fox Cities retains the right to create additional rules as needed. I agree to abide by any such future rules. I understand that failure to abide by these rules may result in sanctions, including immediate termination from the Sober Living Program. I further understand that Sober Living Fox Cities has full discretion to determine the appropriate consequence for violation of these rules. Signature of Program Participant: Date: / / Page 7

8 Sober Living Fox Cities Participant Agreement Revised The undersigned acknowledges, understands, and accepts that he/she is living in an alcohol and drug free shared housing property. The undersigned acknowledges that he/she is living here in the capacity of a Program Participant sharing a housing unit and not as a tenant with rights or possession of space exclusively. The undersigned understands that failure to comply with Sober Living Fox Cities house rules and expectations are grounds for immediate termination of Sober Living Fox Cities. The undersigned agrees that termination of Sober Living Fox Cities Contract/Agreement for any reason will result in the forfeiture of the Program Participant sobriety/compliance deposit. The undersigned acknowledges, understands, and accepts that cause for immediate termination from Sober Living Fox Cities shall include, but not be limited to, the following: Use or possession of any alcohol, drugs or drug paraphernalia, whether in possession of the person or within the living space of the house. o Management reserves the right to drug test any resident at any time for any reason. o Failure to submit to a drug/alcohol test upon request of management shall result in immediate termination from Sober Living Fox Cities. Damage to or theft of property, whether personal or house property. Any threats, violence, physical or other abuse toward any resident or manager will not be tolerated. Bringing weapons onto Sober Living Fox Cities property. Drug dealing on or off Sober Living Fox Cities property. Non-payment of housing fees. Failure to maintain an active program of recovery, as defined in the participant s house level agreement. Other circumstances. Management reserves the right, at management s discretion, to immediately evict a participant for any action that undermines the purpose or goals of the Sober Living Fox Cities or causes harm to Sober Living Fox Cities or other Sober Living Participants. If a person is terminated from Sober Living Fox Cities, they shall immediately turn over possession of any and all keys and shall remove all personal property. Removal of personal property will be arranged, and shall be supervised by management. Signature of Program Participant Page 8

9 Release and Hold Harmless Sober Living Fox Cities Revised This Release and Hold Harmless Agreement is executed this day of, 20, between ( Participant ) and Sober Living Fox Cities. In consideration of being permitted to participate in the Sober Living Fox Cities and live in the residences constituting Sober Living Fox Cities, the undersigned participant agrees as follows: A $ administrative/compliance entry fee will be required upon entrance to Sober Living Fox Cities. This fee is nonrefundable. A 30 day notice will be given when participant decides to leave the program. Participant hereby releases, waives, and discharges Sober Living Fox Cities, its owners, officers, employees, advisors, and assigns from all liability to Participant for any and all loss or damage to Participant on account of injury to the Participant or the Participant s personal property, including injury resulting in the death of Participant, while the Participant is participating in any of the activities offered or living in the dwellings owned by the Sober Living Fox Cities. Participant is fully and adequately informed of the nature of the programs in which Participant wishes to participate, and hereby assumes full responsibility for the risk of injuries, whether due to the negligence of Sober Living Fox Cities or otherwise, and agrees to indemnify (compensate) Sober Living Fox Cities from any loss, liability, damage, or cost Sober Living Fox Cities may incur due to the injuries suffered by Participant. Participant agrees to never institute suit or action against Sober Living Fox Cities for damages, cost, expenses, or loss of services resulting from injuries. Participant releases Sober Living Fox Cities from any claim whatsoever on account of first aid, treatment, or service rendered to Participant as a result of injuries. I am currently of sound mind and not under the influence of any drugs or alcohol; I agree that I am a Program Participant in Sober Living Fox Cities and not a tenant. I agree that I am not protected by, nor will I invoke any protections of local landlord tenant laws. If it is found that local landlord tenant law applies, I hereby renounce any rights that I may or may not have relating to same; Page 9

10 I agree that I will participate in the Sober Living Fox Cities and will abide by all its rules and regulations; I specifically agree that if I violate any of the rules and regulations of Sober Living Fox Cities services I can be expelled from the property and forfeit any rights to my sobriety/compliance deposit. I agree that final determination for any disciplinary action will be made by Sober Living Fox Cities and may not be appealed; I agree that if I am terminated from Sober Living Fox Cities, I forfeit my sobriety/compliance deposit and prepaid program fees; I agree that if I default on any portion of this contract and Sober Living Fox Cities has to go to any court to collect program fees, I am liable in full for the payment of these fees. I hereby release and hold harmless Sober Living Fox Cities and its owners, from any and all lawsuits that may be brought by me, any member of my family and heirs in perpetuity for any tort or action whatever. This Program Contract/Agreement shall not be subject to debate. Its interpretation is solely at the discretion of management. I understand that management is here to help me follow a program of recovery and to provide a safe, structured living environment. I understand that being confronted on my behaviors is part of living in this house. I have read the above Program Contract/Agreement and agree to follow the house rules and expectations as outlined above. It is my responsibility to know what the house rules and expectations are. I understand it is my responsibility to be familiar with all house rules, expectation, and guidelines and I understand it is my responsibility to follow house rules, expectations, and guidelines as outlined in the above Program Participant agreement I understand that by signing the Sober Living Fox Cities Program Participant agreement I release Sober Living Fox Cities, it s owners, affiliates, house managers, residents, or any other affiliates of Sober Living Fox Cities, from any and all liability during my participation in, or resulting from my actions or actions of others while a resident at any residence owned, operated, leased, managed or affiliated with Sober Living Fox Cities. I understand that if I do not follow house rules, expectations and guidelines as set forth in this agreement, whether stated, implied, or set forth by any manager of Sober Living Fox Cities, that I will be asked to leave immediately and that I will forfeit all deposits, program/rental fees or other expenses I have paid. I understand that that as a resident of Sober Living Fox Cities housing programs that I am living in an alcohol and drug free shared housing property managed by a house manager. I also understand that residency in any Sober Living Fox Cities owned, managed, or leased property is in the capacity of a Program Participant sharing a housing unit and not a tenant with tenant rights or possession of space exclusively. The undersigned participant agrees to release, waive, and discharge Sober Living Fox Cities, any owners, partners, affiliates, officers, managers, house managers, house residents, employees, or subcontractors of Sober Living Fox Cities from any and all liability during the participants participation in, or resulting from the participants actions or inactions, while in the Sober Living Fox Cities. Page 10

11 The undersigned agrees to release, waive, and discharge Sober Living Fox Cities from all liability for any and all loss or damage to participant on account of injury to the participant or participant s personal property, even injury or relapse resulting in the death of the participant in any of the activities provided or occurring in the dwellings owned, operated, leased, managed, or affiliated with Sober Living Fox Cities. The undersigned participant releases Sober Living Fox Cities from any claim whatsoever on account of first aid, or medical treatment or service rendered to the participant as a result of injuries. Participant agrees to be financially liable and responsible for any and all medical costs related to any injuries occurring while participating in Sober Living Fox Cities or while living at any Sober Living Fox Cities property, whether owned, operated, leased, or managed by Sober Living Fox Cities. The undersigned participant and/or resident expressly agrees that this Release and Hold Harmless Agreement is intended to be as broad and inclusive as permitted by the laws of the State of Wisconsin, and that if any portion hereof is held invalid it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. By initialing this paragraph, I certify that I am empowered to act on my own behalf. I understand that by signing this form I release Sober Living Fox Cities, the house managers, or any other affiliates from any and all liability during my participation or resulting from my actions or actions of others while a Program Participant at the house. I have read the Sober Living Fox Cities Program Participant Contract/Agreement and house rules, expectations, and guidelines and I understand that by signing this release I agree to the terms set forth in the agreement. Participant expressly agrees that this Release and Hold Harmless Agreement be as broad and inclusive as permitted by the laws of the State of Wisconsin, and that if any portion hereof is held invalid it is agreed that the balance shall; notwithstanding, continue in full legal force and effect. In witness whereof, this Release and Hold Harmless Agreement is executed in Wisconsin. Printed Name of Applicant Signature of Applicant Manager Signature Date of Applicant s entry into the house / / Name of house These is a legal and binding document, please read it very carefully and initial the blank lines doing so indicates that you have read and understand each statement. I realize that this sober house to which I am applying for residency has been established in compliance with the conditions of 2036 Federal Anti-Drug Act of 1988, P.L as amended which provides that the house require the house residents to: Page 11

12 Prohibit all Program Participants from using any alcohol or illegal mind-altering substances; Terminate Sober Living Fox Cities Program Participant Contract/Agreement for any Program Participant who violates such prohibition; Share household expenses among Program Participants; Page 12