Author Topic: SUWS Contract  (Read 2503 times)

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Offline Deborah

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SUWS Contract
« on: March 01, 2007, 08:55:51 PM »
Highlights from the SUWS Contract
http://tinyurl.com/2z8hsv

3. TERM OF AGREEMENT/CUSTODY. Assuming the Student is accepted into the Program, the term of this Agreement shall be a minimum of 28 days beginning with the Student's arrival, now anticipated on (the"Arrival Date"). On the Arrival Date, Sponsor shall transfer, by a Power of Attorney in the form received and executed by Sponsor, temporary custody of the Student to SUWS for the duration of the Agreement, unless either party terminates this Agreement prior thereto by giving written notice to the other party pursuant to the terms of this Agreement or until the Student attains the age of nineteen (19), unless the Student (a) has otherwise been placed in the custody of SUWS by a court of proper jurisdiction or (b) voluntarily consents in writing to remain in the Program for any period of time beyond said nineteenth (19th)birthday.

4. PROGRAM COSTS AND PAYMENT TERMS.
A. PROGRAM FEE. The Student is accepted with the expectation that the Student will complete the entire Program. Unless otherwise set forth in Exhibit "A," the Program fee is $445.00 a day, plus $1500.00 Enrollment fee. Third party therapy and professional fees are not included.
B. SCHEDULE AND METHOD OF PAYMENT OF PROGRAM FEES; LATE FEES; EXTENSIONS.
(1) At the time of admission, private pay sponsors shall pay the full initial amount of the student?s scheduled stay plus the enrollment fee.(2) This initial payment may be paid by check. All subsequent payments, if any, shall be paid only by accepted credit card (VISA, Mastercard or American Express), wire transfer or pre-authorized electronic check debit (ACH).
(3) Sponsor shall also provide a valid credit card number with available credit at the time of admission. In the event that any fees, costs or subsequent extensions, including but not limited to the initial physical cost, medication costs, outfitting costs and additional medical expenses, are not paid when due, Sponsor authorizes the program to charge these items, including late fees, to this credit card number.

D. PAYMENT/CANCELLATION REFUNDS. A cancellation received less than seven (7) days prior to the arrival date will result in a 50% refund. The amount retained by SUWS may, if deemed appropriate by SUWS, be used as credit against any future enrollment of the Student.

E. EARLY WITHDRAWAL OF STUDENT. If Sponsor withdraws Student before expiration of the minimum period of enrollment without the recommendations of the Program Director, Sponsor forfeits the remaining balance of the minimum stay. Any pre-payments above and beyond the minimum stay will be reimbursed to Sponsor.

J. SUBCONTRACTING. Sponsor agrees and consents to SUWS's subcontracting certain services to be rendered under this Agreement to persons or entities deemed by SUWS to be properly qualified to provide said services, at no additional cost to Sponsor unless otherwise agreed to by both parties. SUWS is not responsible for the services provided by such third-party contractors and is hereby released from any liability arising from such services. All clinicians furnishing services to the Student, including any psychiatrists, psychologists, mental health professionals, or internists or the like  :question: , are independent contractors with the client and are not employees of SUWS. The Student is under the care and supervision of his/her attending clinician and it is the responsibility of the Student?s clinician to obtain the Sponsor?s informed consent, when required, for medical, surgical, or psychiatric treatment, special diagnostic or therapeutic procedures, or other services rendered the Student under the general and special instructions of the clinician.
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:question: No mental health professionals or internists on staff?

K. NURSING CARE. SUWS provides only general nursing care unless, upon orders of the Student's physician, the Student is provided more intensive nursing care. If the Student's condition is such as to need the service of a special duty nurse, it is agreed that such must be arranged by the Sponsors. SUWS shall in no way be responsible for failure to provide the same and is hereby released from any and all liability arising from the fact that Student is not provided with such additional care.

7. AUTHORIZATION FOR SEARCH AND SEIZURE. Sponsor hereby authorizes SUWS personnel to search the person and personal effects of the Student at any time. In connection with such search, SUWS may, in its discretion, require Student to remove all of his or her clothing. SUWS is further authorized to confiscate any and all items deemed by SUWS to be contraband or counter productive to the Student's successful completion of the Program. The disposition of all items confiscated by SUWS shall be left to the sole discretion of SUWS.

8. AUTHORIZATION FOR RESTRAINT. Sponsor hereby authorizes SUWS personnel to physically restrain, control and detain the Student by the exercise of necessary restraints when deemed necessary by SUWS, for purposes including but not limited to escorting the Student to and from the Program's location, returning the Student to the Program if the Student runs away, or preventing the Student from jeopardizing the Student's own safety or the safety of others. In the event of a runaway, all appropriate law enforcement agencies or security personnel of any federal, state, county or municipal entity are hereby directed to detain and retain custody of the Student until Sponsor or any personnel of SUWS arrive, at which time SUWS personnel may re-obtain custody or control of the Student or authorize continued custody by the law enforcement agency until travel is arranged for the Student's return home.

10. EARLY TERMINATION BY SUWS/LIQUIDATED DAMAGES. SUWS reserves the right to terminate this Agreement at any time due to: (i) failure of Sponsor to pay any amounts due under paragraph 4; (ii) illegal, uncontrollable, or dangerous behavior by the Student; (iii) discovery of any unprompted or previously unknown physical, medical, mental, or emotional problem(s) of the Student; or (iv) for any other reason if SUWS deems it necessary for the protection of the Student, any other student(s) or the integrity of SUWS's Program. In the event that SUWS elects to terminate the Student pursuant to the terms of this paragraph, Sponsor understands and agrees that Sponsor forfeits all monies pre-paid to the program. The forfeiture reflects the recognition that certain costs associated with making the program available to the Student are incurred, whether or not the program is completed, including such items as salaries, inventories, and other general operating expenses. Therefore, Sponsor understands and agrees that the policy of non-refundable payments and expenses is a reasonable estimate of the losses (i.e., Liquidated Damages) the program incurs with the early termination of Student.

11. SPONSOR EDUCATION PROGRAM AND COOPERATION. Sponsor agrees to attend the seminar for parents and guardians of the students conducted by SUWS during the Program, and to give Sponsor's full cooperation to SUWS personnel throughout the Program, in order to maximize the benefits of the Program for the Student and the Sponsor. Sponsor also agrees to read any educational materials and watch any video programs sent to Sponsor by SUWS,and to fill out and return to SUWS any interactive educational materials, while the Student is in the Program.

14. EMANCIPATION. Sponsor warrants that the Student is a minor, both by age and as a matter of law, that the Student does not qualify under the law as an "emancipated minor," and that the laws of the Student's state of residence permit Sponsor to place the Student in the Program without the Student's consent.

TUITION INFORMATION Tuition begins from the date of arrival through the student?s graduation date, which is always on a Thursday.
Example for the minimum length of stay of 4 weeks
Monday arrival is 32 days x $445 tuition = $14,240 Total
Tuesday arrival is 31 days x $445 tuition = $13,795 Total
Wednesday arrival is 30 days x $445 tuition = $13,350 Total
Thursday arrival is 29 days x $445 tuition = $12,905 Total
Friday arrival is 28 days x $445 tuition = $12,460 Total
Saturday arrival is 34 days x $445 tuition = $15,130 Total
*Price is subject to change without notice.
* Tuition Calculation based on day of arrival. These calculations do not include the enrollment fee.

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Minimum Tuition  $12,460.00
Enrollment fee $1,500 .00
Personal evaluation/screening $500.00 (required)
Psychological Testing $2000.00  (optional)
Professionals Fees  :question: psychiatrists, psychologists, therapists, etc
Family IQ/Seminars  fee or free :question:
Escort   :question:

Family IQ
SUWS is committed to the health and well being of your family. That is why we believe in the positive growth parents can experience while their child is at SUWS. Out of our desire to help you, SUWS has teamed up with FamilyIQ to provide online parenting courses as well as enlightening audio programs that can strengthen family relationships and increase your
effectiveness as parents. While your child is in our program he/she will be required to invest in a deep process of learning and growth. We require the same of you. Through your participation in the FamilyIQ educational materials you not only demonstrate support of your child, and your willingness to learn as well. Within three (3) business days of your child?s enrollment, the FamilyIQ website address (URL), username, and password will be e-mailed to you. You will then be able to participate in, among other things, quizzes, online parenting courses, tests, and discussion boards. These online tools are supported by four audio CD's that we hope you will find both entertaining and enlightening. The CD's will be mailed to you within the first week of your child?s participation in the program. SUWS recommends the following FamilyIQ courses:
Course 1: Active Listening To Be Completed By: 1st phone call
Course 2: Cognitive Behavior Therapy To Be Completed By: End of SUWS stay
Course 3: Father?s and Sons To Be Completed By: End of SUWS stay
Course 4: Identifying Parent Style To Be Completed By: End of SUWS stay
It has been our experience that a personal investment in these tools will better prepare you to interact more effectively with your child and strengthen other relationships as well. To ensure we are successfully meeting your needs, we ask that you fill out a few surveys during your child's stay at SUWS to provide us with feedback we need to validate or refine our efforts. These will come to you routinely as you participate in our program and the FamilyIQ materials. We thank you in advance for taking the time to complete these surveys. By signing this document I (we) acknowledge that I (we) will be asked to participate in my (our) own education as outlined and willingly agree to do so.

INFORMATION DISCLOSURE AND CONFIDENTIAL COMMUNICATION
In the state of Idaho, the Department of Self-Governing Agencies, and Bureau of Occupational Licenses regulate the practice of both licensed and unlicensed persons in the field of psychotherapy under title 54, chapter 34. Licensure of an individual under this chapter does not imply endorsement by the counseling board nor effectiveness of treatment.You as a client are entitled to receive information about the methods of therapy, techniques used, duration of treatment, fee structure, and information regarding relevant education and training of the SUWS staff. This information is found in the SUWS application materials and/or can be provided by a SUWS admissions counselor or field supervisor. In addition, you are responsible for choosing the SUWS program and its treatment modality, and have the right to refuse treatment at any time by withdrawal from the SUWS program.

It is the policy of SUWS Programs that correspondence addressed to its students is handled in accordance with applicable Idaho State law and U.S. Postal Service regulations. According to Regulation 612.2 of the U.S. Postal Service?s Postal Operations Manual, a minor?s parents may control delivery of mail addressed to their minor child.

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612.2 Mail Addressed to Minors
A minor?s guardian may control delivery of mail addressed to the minor. If
there is no guardian, and the minor is unmarried, then either parent may
receive delivery of the minor?s mail. :question:

The undersigned parents authorize SUWS to open and inventory correspondence addressed to their child to ensure the contents of such correspondence is not detrimental to the child?s health, safety, or well being. :question:  Please inform those family members and individuals to address the correspondence to ?SUWS Programs? and address the second line to ?ATTN: name of your child?s Field Supervisor / your child?s name.?
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:question:  SUWS has temporary custody, why bother with permission from parents? Who determines what is detrimental? Is every letter to every kid read and analyzed by the independent "third party" psych professionals, who are not employees of SUWS"?

Medical insurance information (to be used as necessary.) If your child is covered by Medicaid in a state other than Idaho, medical expenses are not covered. SUWS is unable to directly bill insurance companies and therefore requires parents to assume this responsibility independent of tuition payment. However, you will receive a statement of all expenses related to your child?s SUWS placement.
Quote
:question: Which part is billable to insurance? Why don't the third party professionals providing mental health services do their own billing? Is there a mark-up?


Consent to Administer Psychological Testing I hereby agree to psychological testing for the child named below. I understand that all test protocols and all material generated from the assessment are the property of the SUWS Programs. I understand that information may come to light during this evaluation that must remain confidential, due to the content of the disclosure. I understand that the results of the assessment will be used by the staff of SUWS Programs to enhance the treatment of the child named below. SUWS has my permission to release information to any professional who is working with my child. Finally, I understand that no information will be shared with anyone else, or any other agency, without my permission. Yes, please have my child evaluated at an additional cost of $2000.00 to be paid by the following method of payment:......

5. ASSUMPTION OF RISKS; RELEASES AND INDEMNITIES. Sponsor acknowledges serious hazards and dangers, known and unknown, inherent in the Program, including but not limited to ranch, agricultural and vocational activities, emotional and physical injuries, illness or death that may arise from strenuous hiking, climbing and camping in a natural environment, exposure to the elements, plants and animals, running away from the Program, "acts of God" (nature), the ropes course, kayaking, water sports, stress, involvement with other students, self-inflicted injuries, and transportation to and from the Program's field location(s). Sponsor understands that in participating in the Programs Student will be in locations and using facilities where many hazards exist and is aware of and appreciates the risks, which may result. Sponsor understands that accidents occur during such activities due to the negligence of others that may result in death or serious injury. Sponsor and Student are voluntarily participating in the Programs with knowledge of the dangers involved and agree to accept any and all risks. In consideration for being permitted to participate in the Programs, Sponsor agrees to not sue, to assume all risks and to release, hold harmless and indemnify SUWS and any and all of its predecessors, successors, officers, directors, trustees, insurers, employees, managers, agents, volunteers, community organizations, administrators, heirs, attorneys,executors, assigns and/or related or affiliated business entities including, but not limited to, Aspen Education Group, Inc. and Aspen Health Services Corporation (collectively all of the above persons and entities shall be referred to as the"Released Parties" hereafter) who, through negligence, carelessness or any other cause, might otherwise be liable to Sponsor or Student under theories of contract or tort law. Sponsor intends by this Waiver and Release to release, in advance, and to waive his or her rights and discharge each and every one of the Released Parties, from any and all claims for damages for death, personal injury or propertydamage which Sponsor may have, or which may hereafter accrue as a result of Student?s participation in any aspect of the Programs, even though that liability may arise from negligence or carelessness on the part of the persons or entities being released, from dangerous or defective property or equipment owned, maintained or controlled by them or because of their possible liability without fault. Additionally, Sponsor covenants not to sue any of the Released Parties based upon their breach of any duty owed to Sponsor or Student as a result of their participation in any aspect of the Programs. Sponsor understands and agrees that this Waiver and Release is binding on his or her heirs, assigns and legal representatives and that the Released Parties shall be exempt from liability to Sponsor, his or her heirs, assigns and legal representatives.

Sponsor agrees that this Release extends to all claims of every nature and kind whatsoever, and hereby expressly waives all rights under California Civil Code section 1542 which provides as follows:"A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."Sponsor agrees to indemnify the Released Parties from any and all actions, causes of action, claims, demands, damages, costs (including attorneys? fees), expenses, liabilities and charges, known or unknown (the ?Liabilities?) arising out of or in connection with claims and/or actions relating to or brought by or on behalf of Student, including, without limitation, claims related to or arising out of the Minor?s participation in the Program.
« Last Edit: December 31, 1969, 07:00:00 PM by Guest »
gt;>>>>>>>>>>>>>><<<<<<<<<<<<<<
Hidden Lake Academy, after operating 12 years unlicensed will now be monitored by the state. Access information on the Federal Class Action lawsuit against HLA here: http://www.fornits.com/wwf/viewtopic.php?t=17700

Offline Anonymous

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SUWS Contract
« Reply #1 on: March 01, 2007, 09:03:52 PM »
How can anyone sign something like this?

Sometimes, in an effort to truly understand, I try to put myself in the position of the parents dumb enough to buy into this. Here.. I can't. I just can't. I see myself sitting in an office, reading over the contract. I see myself looking at certain parts of the contract, mouth slowly falling open.

Then I see myself abruptly pushing the contract, unsigned, back to the asshole, swiftly but silently walking out of the door before the guy can react, RUNNING out of the office or whatever, HAULING TOTAL ASS out of the building, car keys in hand, jamming my door key against the side of the lock a few times before I manage to get it in, slamming the door behind me, not even bothering with my seat belt, jamming the ignition key in there and burning the hell out of the parking lot with a loud squeal of tires, repeating "holy fuck, holy fuck" to myself all the way home!

How can any sane parent not do this?!
« Last Edit: December 31, 1969, 07:00:00 PM by Guest »

Offline Deborah

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SUWS Contract
« Reply #2 on: March 01, 2007, 10:36:31 PM »
Do sane parents do this?
I recommend that parents request a copy of the contract and all supporting documentation and take it to an attorney to review before signing it.
I think most are so desparate to get their kid out of the house, they just scan the paperwork without really thinking about the implications or questioning the discrepencies. Unfortuante for the kids.
« Last Edit: December 31, 1969, 07:00:00 PM by Guest »
gt;>>>>>>>>>>>>>><<<<<<<<<<<<<<
Hidden Lake Academy, after operating 12 years unlicensed will now be monitored by the state. Access information on the Federal Class Action lawsuit against HLA here: http://www.fornits.com/wwf/viewtopic.php?t=17700