Delivery. Once admitted to the program, Forte Strong provides daily treatment services for mental and behavioral health such as, co-occurring problems, social anxiety, avoidant personality disorder, process addiction, depression, etc… Guarantor agrees to financially support the student and the Forte Strong advancement curriculum for a minimum of 6 months from the date of enrollment.
No Warranty. Forte Strong treatment is a voluntary program that challenges all clients, and families. Adults are to participate in recovery and healing from dependency, alcohol and medications, process addiction, emotional trauma, we encourage personal growth, academic and/or vocational growth, along with the development of independent living skills and a strong work ethic. While at Forte Strong, we will make every reasonable effort to encourage a client to complete the treatment plan suggested by the clinical and program providers. Whether or not a client succeeds in the program may depend on a number of factors, including but not limited to: client and Financial Sponsor’s or families willingness to participate in the Forte Strong treatment plan, programming and workshops and follow Forte Strong rules and procedures, which in Forte Strong’s opinion and by industry standards provide the best opportunity for success. Therefore, Forte Strong makes no representation, warranty, or covenant, express or implied, regarding the likelihood of a client’s success or ability to resolve their mental or behavioral health issues, once leaving treatment.
Modification; No Waiver; Severability. The agreement contains the entire agreement and supersedes all previous communications, representations and agreements, oral or written, between the parties to the original enrollment agreement. Any modifications or amendments to the enrollment agreement and the modifications thereto, followed by the signature of each party. The failure of either party to exercise any of its rights under the enrollment agreement at any time does not constitute a breach of the enrollment agreement, and shall not be deemed to be a waiver or such rights for any subsequent breach. If a court of competent jurisdiction determines that any part of the agreement is invalid, unlawful or unenforceable, that determination shall not impair or nullify the remainder of the agreement. None of the rights and duties under the agreement may be assigned without prior written consent of the other party.
Governing Law; Dispute Resolution. The enrollment agreement shall be governed and construed in accordance with the law of Utah. If any legal action is necessary to enforce the terms of this enrollment agreement, the prevailing party is entitled to reasonable attorney fees and costs in addition to any other relief to which the party may be entitled.
Early Termination of Agreement. Forte Strong may terminate the agreement early (“Early Termination”) for any of the following reasons:
- False or Incomplete Information on Application. If any time Forte Strong becomes aware of information in the initial application that was not accurate, was missing or was misleading in any way that could have resulted in non-acceptance of the Student in the program, Forte Strong shall have the right, at its sole discretion to terminate this Agreement immediately and require Student to vacate the premises upon either written or oral notice.
- Lack of Progress. If, at the complete discretion of Forte Strong, the Student and/or Guarantor is not making reasonable progress consistent with Program and/or personal goals that have been set, a 14-day notice will be given to the Student and Guarantor verbally or in writing. If adequate progress is not made in the 14-day period, Student’s enrollment, participation, and involvement will be terminated and Student will be given notice to immediately vacate the program and premises.
- Violation of Honor Code. Any violation of the Forte Strong Honor Code as reviewed with the Student on admission to the Program and as updated from time to time, may result in the Student being terminated or suspended from the Program. In the event the Honor Code violations result in actual or potential safety risk to any other person, the Student’s enrollment shall be terminated immediately and the Student will be asked to vacate the premises upon oral or written notice.
- Non-payment of funds due. Any balance remaining unpaid fifteen (15) days after due shall result in Student being given notice of termination from the Program and being given 48-hour notice to vacate the premises.
- Without Cause. During the first 30-days of enrollment, Forte Strong reserves the right to terminate the agreement and remove a Student from the program without cause. In the event of an early termination without cause, in the first 30-days of enrollment, Forte Strong will refund a prorated portion of any program fee and enrollment fee paid. Said refund is an exception the no refund policy as described in the application agreement.
- Refund. Enrollment fee is non-refundable. No additional refunds will be given based upon continuum of care.
- Late Fees. Payment is due prior to enrollment. If the enrollment agreement is extended on a month-to-month basis after the six month minimum is met, a credit card must be on file. Program payments are due thirty( 30) days prior to the anniversary date of the client’s arrival every additional month of stay at Forte Strong. A 5% late fee will be charged if payment has not been received by Forte Strong by seven (7) days after due date. In addition, a ten percent (10%) late fee will be charged if payment has not been received by the 15 days from due date. Resident is subject to dismissal at any time for nonpayment of treatment costs.
Notices. Written notice to be given by either party to the other shall be in writing, and shall be deemed to have been given and received four (4) days after a letter containing such notice, properly addressed, with postage prepaid, is deposited in the United States Mail by Certified Mail. Oral Notice shall be given in person or by telephone and shall be deemed received concurrently with the communication. Messages received by text or voicemail shall be deemed received upon the receiver either reading the message or hearing it respectively.
Savings Clause. In the event any portion of the agreement shall be found to be invalid under the law, the remaining provisions shall continue to be valid and subject to enforcement, judicial or otherwise, without exception
Governing Law. It is agreed that the agreement shall be governed by, construed, and enforced in accordance with the laws of the State of Utah.
Entire Agreement. The foregoing along with the enrollment application constitutes the entire agreement made between the parties and may be modified only by written agreement signed by both parties.
Binding on Student, Guarantor and Assigns. The agreement shall be binding upon the Student, the Guarantor, their heirs, legal representatives, successors, and assigns and shall inure to the benefit of Forte Strong, its members, successors, and assigns.
Arbitration / Mediation. All claims and disputes arising under or relating to the agreement are to be attempted to be settled first in mediation. The mediator of said dispute shall be chosen as mutually agreed upon by the parties. If the parties fail to agree on a mediator, then each party shall select a mediator and the selected mediators shall agree on a mediator to mediate the dispute. The parties agree and stipulate that said mediation shall take place in St. George, UT or otherwise as the parties agree. The parties agree to mediate in good faith. If mediation attempts fail then the dispute shall be settled by binding arbitration in the state of Utah. An award of arbitration may be confirmed in a court of competent jurisdiction.
Execution of Agreement. The agreement may be executed simultaneously in two or more counterparts, each of which shall be deemed to be an original and all of which together shall constitute but one and the same instrument.
Relationship. Nothing in this or any other attendant agreement shall be construed by either Party hereto or by third parties to create either an employer-employee relationship or joint venture or partnership interest between the Parties. The Parties herein commit and warrant that they have not taken any action or omitted any act, the act or omission of which might be construed as creating any such relations between themselves.
Failure to Perform. Neither Party shall be considered in default or liable for any delay or failure to perform any provision of this Agreement if such delay or failure arises directly or indirectly out of an act of nature, acts of the public enemy, freight embargoes, strikes, quarantine restrictions, unusually severe weather conditions, insurrection, riot, and other such causes beyond the control of the party responsible for the delay or failure to perform; provided that the failure to pay money when due hereunder shall in no case be attributed to an event of force majeure.
Remedy. No remedy herein conferred upon Forte Strong or a successor holder hereof is intended to be exclusive of any other remedy and each and every such remedy shall be cumulative and shall be in addition to each and every other remedy given hereunder or now or hereafter existing at law or in equity by statute or otherwise.