This Agreement is entered into between Roots to Recovery (hereinafter referred to as "the Facility") and the person identified below as the Responsible Person, in respect of the Resident named below.
Parties and Resident
This Agreement is concluded between Roots to Recovery and the Responsible Person whose particulars appear below, in respect of the Resident whose particulars appear below.
Resident
Responsible Person
Role of the Responsible Person
The Responsible Person acknowledges that he or she has been nominated by the Resident as the single point of contact between the Resident and the Facility for all matters set out in this Agreement.
The Responsible Person accepts this nomination and undertakes to perform the duties recorded below for the duration of the Resident's stay at the Facility.
Payment of Fees
The Responsible Person accepts joint and several liability with the Resident for the payment of all fees, deposits, penalties and other charges levied by the Facility in respect of the Resident, in accordance with the Resident Admission Agreement and the Schedule of Fees attached to that Agreement.
The monthly fee depends on the room type allocated to the Resident. The current room types and monthly rates are:
- Single non-sharing private room with private ensuite bathroom (Urban House / Reception House): R14 000,00 per Resident per month. One (1) such room is available in total.
- 2-sleeper sharing with bathroom (Urban House / Reception House): R11 000,00 per Resident per month.
- 3-sleeper sharing with bathroom (Urban House / Reception House): R10 000,00 per Resident per month.
- Dormitory room (Dormitory House), shared room with shared bathrooms: R8 000,00 per Resident per month.
In addition to the monthly fee, an emergency medical deposit of R2 000,00 is payable on admission and is held by the Facility for the purposes set out in the Resident Admission Agreement.
Fees are payable in advance, without deduction, set-off or demand, into the Facility's nominated bank account.
Where the Resident is admitted on or before the 14th day of a calendar month, the full monthly fee is payable in respect of the month of admission. Where the Resident is admitted on or after the 15th day, a pro-rated fee is payable for the balance of that month, calculated on a daily basis.
From the second month of residence, fees must reflect in the Facility's bank account by no later than the 3rd day of the relevant calendar month.
Should fees remain unpaid by the due date, the Facility may suspend privileges, restrict the Resident's participation in the programme, and terminate the Resident's admission.
No refund is payable in respect of the current month if the Resident leaves the Facility before the end of that month. Fees paid in advance in respect of future months are refundable, subject to deduction of outstanding amounts, damage or penalties.
Where a transfer between room types is requested and approved during the stay, the new monthly fee applies from the first day of the calendar month following the transfer; mid-month transfers are pro-rated.
Fees may be reviewed by the Facility on no less than thirty (30) days' written notice to the Responsible Person, with the revised fee taking effect from the first day of the calendar month following the notice period.
Authorisation of Leave
Only the Responsible Person may authorise the Resident's leave from the Facility, save where leave is part of the structured programme.
Weekend leave runs from Friday at 17h00 to Sunday at 17h00. The Responsible Person must sign the Resident out at the start of leave and sign the Resident in on return.
No overnight leave may be granted during the Resident's first month of residence. Thereafter, weekend leave is granted subject to the Resident's progress and to the discretion of the Facility.
The Responsible Person undertakes to ensure that the Resident has a safe, supervised and substance-free environment during all periods of leave. The Responsible Person accepts responsibility for the conduct of the Resident during leave.
Where the Resident fails to return on time, the Responsible Person must notify the Facility immediately and assist in locating the Resident.
Visitor Authorisation
The Responsible Person may authorise, in writing and in advance, an additional named visitor or visitors to visit the Resident during weekend visiting hours, and to sign the Resident out for a defined period.
Such authorisation must be in writing, must identify the visitor in full, and must specify the date and duration of the visit.
The Responsible Person accepts that all visitors are subject to the Facility's visitor policy, including search at the gate and the prohibition on bringing alcohol, drugs, cannabis, cannabidiol (CBD) products, tetrahydrocannabinol (THC) products, drug paraphernalia, mind-altering substances or unapproved medication onto the premises.
Emergency Communication
The Responsible Person undertakes to remain contactable by telephone at all reasonable hours. Where the primary contact number is unavailable, the Facility may use the alternative contact number provided.
In the event of a medical emergency, the Facility will notify the Responsible Person as soon as reasonably possible and, save where circumstances make this impracticable, within two (2) hours of the event.
In the event of a disciplinary matter, a relapse incident, a behavioural concern or a termination of admission, the Facility will notify the Responsible Person as soon as reasonably possible.
The Responsible Person undertakes to attend the Facility, or to arrange for collection of the Resident, when reasonably required and within a reasonable period.
Disclosure of Information
The Responsible Person acknowledges that the Resident has consented to the Facility communicating with the Responsible Person regarding the Resident's stay, progress, conduct, medical treatment, drug testing results and disciplinary matters.
The Responsible Person undertakes to keep all such information confidential and to use it only for the purposes of supporting the Resident.
Collection of the Resident on Termination
Should the Resident's admission be terminated, for any reason, the Responsible Person undertakes to collect the Resident from the Facility within four (4) hours of being notified, or to arrange suitable alternative transport within that period.
Should the Responsible Person fail to collect the Resident within the period stated, the Facility may make alternative arrangements at the Responsible Person's cost.
Medical and Treatment Decisions
The Responsible Person acknowledges that the Facility may, in a medical emergency, call an ambulance, contact the emergency doctor, contact the certified homeopath, or take any other reasonable action to safeguard the Resident's health and safety, without prior consultation with the Responsible Person.
The Responsible Person undertakes to provide such consent, information or authorisation as is reasonably required by treating practitioners in respect of the Resident.
The Responsible Person accepts liability for all reasonable medical costs not covered by medical aid, where the Responsible Person is the legal guardian or financial dependant of the Resident, or where the Responsible Person has otherwise undertaken such liability.
Liability for Damage
The Responsible Person acknowledges that the Resident is liable for any damage caused to the Facility, to the property of other residents, to the property of staff, or to the property of visitors, through negligence, recklessness or intentional misconduct.
The Responsible Person accepts joint and several liability with the Resident for the cost of any such damage, and undertakes to settle the cost of repair or replacement on presentation of an invoice.
Termination of this Agreement
This Agreement remains in force for the duration of the Resident's stay at the Facility.
The Responsible Person may withdraw from the role on thirty (30) days' written notice to the Facility, provided that a suitable replacement Responsible Person, acceptable to the Facility, is nominated by the Resident and accepts the role in writing within that period.
Where no suitable replacement is nominated within the notice period, the Facility may terminate the Resident's admission.
Variation
No variation of this Agreement is binding unless reduced to writing and signed by both parties.
Governing Law
This Agreement is governed by the laws of the Republic of South Africa.
RESPONSIBLE PERSON DECLARATION
I, the undersigned Responsible Person, declare that:
- I have read this Agreement in full and understand its contents.
- I accept the role of Responsible Person in respect of the Resident named above.
- I accept the undertakings, duties and liabilities set out in this Agreement.
- The information I have provided regarding myself is true, complete and accurate.
- I will remain contactable, will respond promptly to communication from the Facility, and will support the Resident's recovery to the best of my ability.
RESIDENT CONFIRMATION
I, the Resident, confirm the nomination of the above-named person as my Responsible Person, and authorise the Facility to communicate with that person on all matters set out in this Agreement.
ACCEPTANCE BY THE FACILITY