1. ADDICTION CONSCIOUS TREATMENT SERVICES Addiction Conscious Treatment will provide Services to the Resident, which Services include residential one-on-one counselling, group therapy, structured programming, ongoing support, guidance, instruction, coaching and such other assistance as appropriate tailored to each Resident, in order to assist the resident in achieving sustained recovery from substance use addictions and address certain mental health issues related or connected to their substance use issues. ACT will make available at ACT’s premises a bed, and such related living support facilities as may be reasonably required by ACT to perform the Services. 

 

2. FEES FOR SERVICE In consideration of the Services provided by ACT and the benefits accruing to Resident and to Payor as a result of such Services, Resident or Payor (as applicable) shall be required to pay to or as directed by ACT the Monthly Service Fee (as set out on the face page hereof) each calendar month to ISL, in advance. The amount of Resident’s rental obligation may be increased or decreased by ACT upon (30) days advance notice. Resident’s failure to pay said rental obligation within a reasonable period of 5 days, may result in termination of Resident’s tenancy. All fees and policies are subjects to change by ACT at any time. Where possible, reasonable notice will be given. The Monthly Service Fee does not include the costs of prescription medication or treatment by private therapists other than ACT staff. 

 

3. APPROPRIATENESS FOR TREATMENT ACT reserves the right to discontinue Services to a new Resident and require the Resident vacate ACT at any time within the first 10 days after admission. In order to fulfill our duties to all our residents, and to ensure maximum treatment benefit to our residents, as an organization ACT acknowledges that in some cases, serious mental illness, high dosages of certain prescribed medication, and other circumstances respecting the suitability of a resident for attendance at ACT, which can inhibit the effectiveness of the Services to the Resident and/or other residents. In such an event, ACT will make contact with the Payor and/or the Resident and make reasonable efforts to effect a referral to an appropriate, external agency, or the Resident will be discharged to the setting they resided in before intake. The client shall receive a refund of their costs less $250.00 per day of services (plus H.S.T.), payable within 7 days after discharge. 

 

4. ZERO TOLERANCE POLICY CONCERNING DRUGS AND ALCOHOL While attending ACT, the Resident shall remain clean and sober at all times, and shall refrain from the use or consumption of alcohol, cannabis products, illegal drugs, or prescription drugs for which they do not have a valid prescription, at any time whether on the ACT property/premises or elsewhere. Use or possession of drug paraphernalia and off label use, dosing or self-administration of a Resident’s prescribed drugs also constitute a violation of this policy. It is also a violation if a Resident is facilitating the purchase, or the acquiring, of alcohol or any illegal drugs or unauthorized prescription drugs or other mind/mood altering substances for another resident. Any violation of this policy will result in immediate discharge of the Resident from ISL and discontinuation of the Services, and ACT reserves the absolute right to so in the event of a breach of this obligation of the Resident. At the sole and absolute discretion of ISL, a Resident may be readmitted upon satisfying such conditions as ACT may require (e.g., medical detox, inpatient treatment, expiry of time, etc.). The Resident is required to submit to drug and alcohol screening tests at any time and from time to time whenever requested by ISL staff. A refusal and/or failure to provide an adequate sample will be treated the same as a positive test result. Any attempt by Resident to cheat or circumvent the testing process is a violation of this obligation. 

 

5. CANCELLATION/TERMINATION; NO REFUNDS: 

  • A) RESIDENT TERMINATION: The Resident is required to give at least thirty (30) days written notice of their intention to terminate the Services and vacate ACT premises. The Resident and Payor acknowledges that the scheduling of counselling, programs, meals, treatments, etc. for the Resident cannot be terminated without notice, and that there exists a lost opportunity cost to ISL when a Resident departs unexpectedly, as ISL cannot fill that Resident’s space on short notice. Notwithstanding the foregoing, ACT understands the challenges of its Residents in overcoming their addictions and maladies and desires to see each of them succeed, therefore, ISL agrees: That if a Resident voluntarily terminates the Services and departs ACT facilities prior to the completion of the Scheduled Term of Services, the Resident may return on ONE occasion, within 30 Days of the Day on which he/she voluntarily terminated the Services, to complete the Days of Services paid for herein, subject to the payment of an administrative fee defined below. For clarity, if Resident shall voluntarily terminate the Services and departs ISL facilities on two occasions, this Agreement shall be at an end and the Fees paid shall be forfeited in full as liquidated damages and the Resident shall not be accepted back to ACTwithout a new Client Services Agreement in place. 
  • B) TERMINATION AND DISCHARGE BY ACT: ACT staff will work with a Resident and provide guidance and warnings in the discretion of ACT to assist a Resident in rectifying behaviour that would result in immediate discharge from ACT. However, in addition to a breach of the zero tolerance policy set forth in Section 4, ACT has the right in its sole discretion to immediately discharge a Resident in the event of a breach of the Policies which ISL considers to be of a serious nature, including committing acts of violence or threatening acts of violence, or being abusive, physically and/or verbally, or committing any act that is an offence under the Criminal Code of Canada. 
  • C) NOTIFICATION OF DISCHARGE: In the event of a termination/discharge of a Resident, howsoever occurring, ACT will notify the Payor (if different from the Resident), the Resident’s emergency contact, and/or such other person or persons or organizations as ACT considers appropriate in the circumstances, in ISL’s discretion. 
  • D) NO REFUNDS: Other than set out in Section 3, ACT does not have a refund policy and does not provide refunds. This applies both if a Resident is prematurely discharged either voluntarily (i.e., without giving the required notice of departure) or due to termination by ACT as a result of a Resident’s behaviour resulting in a violation of ISL’s program policies and regulations for residents, including breach of this Agreement and the Policies set out in Schedule A (the “Policies”). Regardless of time and date in the given month the discharge occurs, moneys already paid to ACT for that month will not be refunded. ACT reserves the right to process costs and fees (including regarding discharge matters) in no less than 72 hours and within 30 days after the end of the month discharged. 

 

6. CONFIDENTIALITY: ACT shall hold all Confidential Information in respect of The Client and Resident in strict confidence and shall not, at any time during the term of this Agreement or thereafter, directly or indirectly, disclose any Confidential Information to any Person. Further, ACT shall not use any Confidential Information for any purpose not specifically connected to Services outlined in this Agreement. Nothing in this section shall preclude ACT from disclosing Confidential Information if: (a) the Confidential Information is lawfully available to the public, or in the public domain, at the time of such disclosure or use without breach of this Agreement; (b) Disclosure of the Confidential Information to the extent necessary to comply with “applicable laws”, i.e., is required to be made pursuant to an applicable law, regulation, order or mandate of a governmental body, court order and similar such instruments, orders, etc.; (c) Disclosure made in accordance with this Agreement or as authorized by the Resident/Payor. In this Agreement, Confidential Information includes “record” and “personal information” as defined in Ontario Personal Health Information Protection Act (“PHIPA”) and the Personal Information Protection and Electronic Documents Act (“PIPEDA”) and any Information supplied by the Client to ISL under this Agreement is subject to PHIPA and PIPEDA. 

 

7. PAYOR ACKNOWLEDGMENT: The Payor hereby acknowledges having read all the provisions of this Agreement and the Policies, particularly as they pertain to involuntary discharge of a Resident, and by executing this Agreement expressly agrees that they understand and covenant to comply with the provisions hereof and shall hold harmless ACT from (i.e., in the event of) the strict enforcement by ISL of these terms. 

 

8. MEDICATION AND EXPENSES: ISL may require the purchasing of prescription, over the counter medications, and miscellaneous items for you while attending ACT. A credit card must be provided for expenses upon intake and such amounts incurred by ACT on behalf of a Resident will be charged to such credit card from time to time (the payment details provided by the Resident/Payor on the face page) and receipts provided upon request. 

 

9. ASSUMPTION OF RISK; RELEASE; INDEMNIFICATION: The Resident and Payor hereby agree to indemnify and hold harmless ACT and its directors, officers, employees and agents (collectively, “ISL Indemnitees”) from any and all actions, causes of actions, claims, damages, personal injury (including death), suits, penalties, and costs and fees incurred by ACT Indemnitees in relation to any of the foregoing, as may be brought or suffered by the Resident, Payor or any third party as a result of the actions of the Resident or otherwise arising out of the Services or other assistance as may be provided to the Resident by ACT. ACT endeavours to tailor the Services to each individual Resident in order to maximize the probability that the Resident shall maintain a healthier lifestyle during and after completion of the Services. The Payor acknowledges that it is the nature of addictions that relapses may occur, either during the Term or thereafter, and that ACT cannot guarantee that the Resident will remain physically safe and successfully in recovery while attending ACT, or that the Resident will not relapse at some future date. The nature of addiction unfortunately makes it difficult to anticipate the risks to an individual suffering from substance use issues. Resident and Payor each agree to assume and accept all risks arising out of, associated with or related to Resident’s attendance at ACT and provision of the Services, participation in ACT program including but not limited to those risks which may have been caused in whole or part by the negligent actions or omissions of ACT Indemnitees. ACT Indemnities shall NOT be liable for any damages or injury to or suffered by or to the person or property of the Resident (including without limitation overdose, severe bodily injury or even death), Resident’s family, guests, invitees or agents entering the property/premises of ACT – including but not limited to damage or injury (to person or property) caused in whole or in part by the actions or omissions of ACT Indemnitees, unless such damage or injury is proximately caused by the reckless or intentional misconduct of an ACT Indemnity. Resident hereby releases the ISL Indemnitees from all such liability, and further agrees to indemnify, defend and hold the ISL Indemnitees harmless from any and all claim or assertions of damage or injury to the person or property of Resident occurring on or about the ACT premises, with the sole exception of claims for damage or injury proximately caused by reckless or intentional misconduct of an ISL Indemnity. 

 

10. ACKNOWLEDGEMENT OF OPPORTUNITY TO SEEK COUNSEL: Resident and Payor each acknowledges and confirms: (a) that they have been provided the opportunity to review this Agreement with legal counsel of their choosing and has either received independent legal advice regarding this Agreement or voluntarily waives any right to same; (b) that they have been provided with sufficient time to read this Agreement before signing it, and that they have been given an opportunity to ask questions and discuss its terms with representatives of ACT before signing, and that they are signing voluntarily and with an understanding that once this Agreement is signed it is a legally binding document in accordance with all of its terms. 

 

11. MISCELLANEOUS: Payor Responsibility: If the Payor is not the Resident in this Agreement, Payor agrees to be bound by this agreement, including the Payor’s obligations to make such payments to ACT as contemplated hereby and to be bound by and guarantee the obligations of the Resident hereunder or arising in relation to the Services. Payor agrees to accept the consequences of the Resident’s actions and decisions, including the payment of any fees (including the monthly service fee, property damage, etc.) in connection with the Resident or the Services. 

 

Privacy Rights of all Residents: Payor and Resident each hereby agrees that they will not to disclose in any manner the names or identities of any other residents attending ACT to any third parties, not make public statements or publicize in any format, ncluding magazines, newspapers, social media e.g. blogs, Twitter, Facebook, YouTube, Linkedln, or mass SMS distributions, or any other electronic means anything that is critical, demeaning, damaging or denigrating of ACT, its staff, other residents or the Services.

 

Acknowledgment re Outcome: Resident and Payor acknowledge that the nature of addictions makes it impossible to guarantee that Residents will not relapse after treatment, and ACT makes no representations or warranties respecting the success, or the extent of success, of the Services in treating the Resident’s issues. 

 

Entire Agreement; Assignability; Governing Law; Limitation of Liability; Other: This Agreement contains the entire understanding of the Parties with respect to the subject matter hereof and supersedes all prior Agreements and understandings, whether written or oral, between them with respect to the subject matter hereof. Each Party has executed this agreement without reliance upon any promise, representation or warranty other than those expressly set forth herein. This Agreement is not transferrable or assignable by the Resident or Payor; this Agreement is transferable or assignable by ACT in the event such transfer or assignment is in ISL’s interests, in its discretion. This Agreement shall be interpreted in accordance with the laws of the Province of Ontario and the parties agree to irrevocably attorn to the exclusive jurisdiction of the Courts of the Province of Ontario in relation to any matter arising hereunder. Resident and Payor hereby waive their right to seek any equitable remedies in relation to the interpretation and application of this Agreement, including, without limitation, quantum meruit, specific performance, unjust enrichment, or unconscionableness, and hereby agrees to the strict application of the common law in the interpretation and application of this Agreement. Client agrees that ISL’s liability under this Agreement shall be limited to the amount of Service Fees paid to ACT hereunder, and nothing more. All provisions in this Agreement are intended to be distinct and several. If any court of the Province of Ontario declares any provision of this Agreement to be invalid or unenforceable, then such provision shall be severed, amended or deleted, as the case may be, to the extent necessary to remove the offensive part creating such invalidity or unenforceability. Such invalidity or unenforceability shall not affect either the balance of such provision, to the extent it is not invalid or unenforceable, or the remaining provisions hereof. The provisions of Sections 2, 5(b)-d), 7, 9 and 11 shall survive the termination of this Agreement.