Part 1
Sponsor
1.1 Legal custodian. The sponsor represents and warrants that the sponsor (singly or collectively) is the parent or legal guardian of the Client, and as such is the legal custodian of the Client with the right and authority to admit the Client into the Anasazi program.
1.2 Individual sponsor authority. If the sponsor consists of more than one person, any of the persons constituting the sponsor shall have the right to individually consult with and direct Anasazi in connection with the progress of the Client, and Anasazi shall be entitled to rely on the representation or authorization of any one of the persons constituting the sponsor with respect to the Client.
Part 2
Sponsor
2.1 Admission to the program. Upon the execution of this agreement, Anasazi agrees to accept the Client into the Anasazi program selected by the sponsor, and Anasazi agrees to provide the client with a wilderness experience consistent with the Anasazi program in which the Client is enrolled.
2.2 Sponsor support. Sponsor understands and acknowledges that family support is essential for the success of the program, and the sponsor agrees to support the Client’s activities in the Anasazi program, to attend the parent seminar, “A Seminar on Relationships,” to complete requested assignments, to spend the prescribed nights on the trail with the Client, and to cooperate with the Anasazi personnel in working towards successful completion of the program by the Client.
2.3 Program completion. All Clients accepted for enrollment are accepted on the condition that they will complete the entire program. The sponsor agrees that the Client shall continue in the program chosen until the completion of the program by the Client, as determined in the judgment of the Anasazi program director unless either party terminates this agreement by giving written notice to the other party as outlined below.
Part 3
Consent and Authorization
3.1 Program participation: release. The sponsor understands that participation in the Anasazi programs involves strenuous physical activities as well as exposure to potentially dangerous wilderness situations. The sponsor hereby consents to the Client to engage in all of the activities of the Anasazi experience. The sponsor hereby releases Anasazi from any liability for any injury, illness, loss, cost, expense, or other damage to the Client resulting from the involvement of the Client in the Anasazi program.
3.2 Medical treatment. In the event of an injury, accident, illness, or other necessity, the sponsor hereby authorizes Anasazi to obtain medical, hospital care, and mental, emotional, or behavioral health care and to authorize a physician to perform any procedures, including surgery, administering anesthesia, or any other procedures that may be medically necessary for the well-being of the Client. The sponsor agrees to pay and to indemnify and hold Anasazi harmless from all costs and expenses incurred in connection with such medical or hospital care,
3.3 Personal search: contraband. Personal searches are not conducted on intake or for the duration of the Anasazi program unless evidence suggests Client possession of contraband placing Client and others at imminent risk to life or limb. Sponsor hereby consents to and authorizes Anasazi to search the personal effects and person of the Client, and to confiscate any and all items not on the approved equipment list, which items shall be deemed to be contraband. All confiscated items shall be delivered to the sponsor, and the disposition of all contraband items shall be the sole responsibility of the sponsor.
3.4 Medical examination and drug screening. Sponsor hereby consents to and authorizes Anasazi to administer a routine physical examination and urinalysis drug test to the Client at any time during the program that is deemed necessary by Anasazi.
3.5 Physical Holds and/or Take Downs. Anasazi Foundation believes in the use of behavior management techniques only when the client is in imminent danger of harming themselves or others. There are two parts to the crisis intervention system used by Anasazi Foundation. The first, for non-physical interventions, is Arbinger’s Choice in Intervention. In the event a physical restraint is necessary, Anasazi Foundation uses Positive Control Systems (PCS), a custom crisis intervention program. Only behavioral health paraprofessionals trained completely in the PCS program are authorized to use holds. The sponsor hereby consents and authorizes Anasazi to use PCS if deemed necessary. In the rare occurrence of injury due to PCS, the Sponsor hereby releases Anasazi from all liability.
Part 4
Financial Obligations
4.1 Basic charges. The program fee is $595 per day. A nonrefundable admissions fee of $2,750 is also required. On the date of this agreement, the sponsor shall pay all charges unless other arrangements are agreed upon by both parties in writing prior to admission. All fees are considered to be earned upon admission. The sponsor bears full financial responsibility for all charges and expenses incurred, whether or not all or a portion of those charges or expenses are anticipated to be paid by a third party.
4.2 Transportation and personal expenses. In addition to the above payment, the sponsor agrees to pay for all costs and expenses of (a) transportation of the Client from the Client’s home to the Anasazi office in Mesa, Arizona, (b) transportation from the Anasazi facility in Mesa, Arizona to the Client’s home, (c) all medical and hospital expenses including the physical exam charges in case the sponsor decides to have the physical done by Anasazi’s contracted doctor on the day of admission, and (d) any required personal items required for Clients on the equipment list.
4.3 Damage to property. Sponsor agrees to pay for the costs of repairing any property belonging to Anasazi, other Clients, or other parties which is damaged, defaced, or destroyed by the Client. Anasazi is not responsible for the loss, damage, or destruction of any of the Client’s personal property.
4.4 Runaway expenses. In the event the Client attempts to leave the program and becomes a runaway from Anasazi, Anasazi will use reasonable efforts to assist the sponsor in finding the Client and in obtaining the safe return of the Client to Anasazi, but Anasazi assumes no responsibility for the health or safety of the Client during the time the Client is absent from the program. The sponsor will be responsible for one-half (1/2) of all expenses incurred when the Client runs away during the program, Anasazi shall prepare an accounting of the expense incurred while assisting the sponsor in finding and returning the Client to Anasazi. The sponsor will be responsible for the full amount of expenses incurred when the Client runs away prior to admission to the program.
4.5 Rate for extended services. In the event the Client’s stay extends beyond 49 days, the sponsor agrees to pay $595 per day for 2-week increments at a time. The sponsor also agrees to pay for all additional expenses related to the extension.
Part 5
Termination
Termination by Anasazi. Anasazi reserves the right to terminate this agreement at any time due to illegal, uncontrollable, or dangerous action by the Client, unreported, or previously unknown medical conditions. Prior injuries or for any other reason whatsoever if deemed necessary by Anasazi to ensure the safety or welfare of the Client or of other Clients, staff, or other persons affected or potentially affected by the Client. At the sole discretion of Anasazi, the Client may attend a subsequent expedition. If the condition which caused the Client’s termination from Anasazi no longer exists.
5.1 Liquidated damages. In the event of termination prior to completion by either Anasazi or the sponsor, the parties agree that the sponsor shall not be entitled to a refund of any amounts paid, nor shall there be a reduction in the obligation for basic charges or other expenses due from the sponsor. In the event the Client is removed from the program prior to the completion of the program, the non-refundability of payments made and the continuing obligation to pay any amounts due but not paid, reflects the recognition that certain costs associated with making the program available to the Client are incurred, whether or not the program is completed, including such item as salaries, inventories, and other general operating expenses. An allocation of actual costs incurred prior to termination is difficult or impossible to determine. Accordingly, the parties agree that the payment of the basic charges and other expenses due pursuant to this agreement is a reasonable estimate of the costs associated with the admission of the Client to the program, regardless of whether the program is completed or terminated, and are hereby agreed to constituted liquidated damages, and neither party shall have the right to any additional compensation or reimbursement in the event of a termination of the Client in an Anasazi program.
Part 6
Miscellaneous
6.1 Cost of collection: attorney’s fees. The sponsor agrees to pay the cost of collection of any amounts due under this agreement, including reasonable attorney’s fees.
6.2 Jurisdiction: applicable law. The sponsor agrees to be subject to the jurisdiction of Arizona courts in any dispute between parties to this agreement. Moreover, the parties agree that Arizona law shall govern this agreement.
6.3 No waiver. Failure of either party to enforce any term or provision of the agreement shall not constitute or be construed as a waiver of such term or provision or the right to enforce it, if any provision of the agreement is construed to be overbroad as written, the remaining provisions shall remain enforceable according to applicable law.
6.4 Disclaimer: sponsor acknowledges and understands that Anasazi has made no representations or warranties with respect to the results which may be achieved from the Client’s admission to the Anasazi program. The complex makeup of each individual person, combined with the extremely complex interpersonal relationships in a family, make it impossible to predict or guarantee any specific results from the Anasazi programs.
6.5 Entire agreement. Sponsor and Anasazi hereby acknowledge that this agreement constitutes the entire agreement between the parties; any amendments or supplementary material shall not be enforceable unless in writing clearly referring to this agreement and signed by the parties or their duly authorized representatives.
In witness whereof, the parties have executed this Agreement as of the effective date stated above.
