Westlake Recovery House MEMBER LIVING CONTRACT

Transcription

1 Westlake Recovery House MEMBER LIVING CONTRACT 1. House Owner: The house owner is; Kevin Tarr And will be referred to in this contract as House Owner 2. Member: The house member is; And will be referred to in this contract as Member 3. Contract Signing & Move-In Dates: The Member is expected to move into the house on; / / (dd/mm/yyyy) Even if the Member does not move into the house on the expected move-in date, the Member is still responsible for all member fees. The member will not be allowed to move into the house until all member fees are paid for in advance. The date this contract will be signed by the House Owner and Member is; / / (dd/mm/yyyy) 4. House Location: The Westlake Recovery House is located at 7817 Oteka Cove, Austin, TX and will be referred to in this contract as house, Westlake Recovery or the Westlake Recovery House Page 1 of 13

2 5. Member Fees: The monthly member fee is on a month on a month-to-month basis and must be received prior to the Member moving into the house. The monthly member fee may be adjusted by the House Owner with 45 days notice to the Member. The monthly member fees are based on availability, bedroom type and number of occupants; The monthly member fee is: Members must submit their monthly fee payment before the first of each month after moving in. Members that submit monthly member fees after the 3 rd of the month will incur a $50 late fee per day. If Members do not submit their monthly fees and late fees by the 7 th of the month, the Member will be immediately evicted. If a Member is evicted for not submitting their fees, Members personal belongings and deposit may be held by the house until the full amount of any fees that are owed is paid for in exchange for their belongings. All Member fees must be in a cashier s check or money order made out to Westlake Recovery and delivered to 7817 Oteka Cove, Austin, TX or dropped off in the house safe in an envelope with the members name on it. Personal checks will not be accepted. 6. Security Deposit Fee: The one time member security deposit fee must be submitted prior to the Member moving into the house. The deposit fee is based on bedroom type and number of occupants; The deposit fee is: The security deposit fee is refundable with a 30 day notice and if the member is in good standing with the house (not break any rules, pay all applicable fines, etc..) after being a member for 90 days. Our house may not refund the security deposit fee due to damages the member or other members may have intentionally or unintentionally caused. The security deposit is used to assist with the upkeep of the house and to clean, fix, repair and/or replace household items (kitchen ware, linens, carpet, paint, etc..). Even if the Member is in good standing with the house and provides a 30 day notice, after being a member for 3 months, the Member may or may not receive the full deposit fee back due to house maintenance. Returning any of the deposit is at the full discretion of the House Owner. Page 2 of 13

3 7. Total Fees: Both the member monthly fee and the deposit must be submitted prior to a new member moving into the house. If a new member is not able to pay the full amount prior to moving in, the deposit may be split in half in which half is due on the first day of moving in and the second half is due 14 days after moving in. There must be substantial proof to allow a deposit to be split into half amounts. 8. Fines: If a member demonstrates disruptive behavior he may receive a verbal or written notice, assigned a house chore, loose house privileges (curfew, overnight visitation etc..), and/or assigned a fine ranging from $5 to $50 depending on the nature and severity of the occurrence, which is at the full discretion of the House Manager and/or Owner. House chores must be completed within 24 hours of the occurrence and fines must be paid within 24 hours as well. Fines can be dropped off in the house safe in an envelope with the members name on it. If a member fails to complete their house chore or pay their fine within 24 hours of the occurrence he can be evicted and therefore forfeit his monthly member fee and deposit. If a member receives 3 or more verbal or written notices or engages in continued disruptive behavior, the member could be immediately evicted. 9. Parking: Members must park their automobiles outside of the neighborhood (the Ridge at Lantana) which is approximately two blocks away from the house just behind the Lantana subdivision welcome sign at the intersection of Rialto and Terravista which is a five minute walk. Since the neighborhood home owners association does not allow cars to be parked overnight on any street in the neighborhood, members must park their automobiles on a public street outside of the neighborhood between the hours of 8:00 PM to 8:00 AM. Members who fail to park their automobiles outside of the neighborhood between the hours of 8:00 PM and 8:00 AM will incur a $50 fee that must be paid within one day that the violation occurred. A second violation will result in the member s automobile being towed and also incurring a $50 fee that must be paid within 24 hours that the violation occurred. There are no exceptions to this rule and no warnings will be given. Failure to pay this fee and/or a third violation will result in the immediate eviction of the member, loss of all future rent fees, deposit and/or their belongings. Page 3 of 13

4 Members that park their automobiles on the street during the day time from 8:00 AM 8:00 PM must only park in front of our house on the street and not park on the house driveway, on the lawn or in front of a neighbor s house at any time. 10. Referral Program: New members that move into the house within the first 30 days will receive $200 for each person they refer and moves in once the Members and referral s monthly membership and deposit fees are collected. Other Members are entitled to a $500 referral for each person they refer to the house. The Member and the referral must be in good standing with the house, pay all membership and deposit fees and remain as members for 3 months. The member will receive $100 during the first month, $200 for the second month and $200 for the third month. 11. Services: The Westlake Recovery House provides Members with services that assist with their recovery program. Some of the services are referrals to outside therapists, doctors, physical trainers and other recovery professionals. Westlake Recovery is not responsible or liable for any services conducted outside of the house and it is the Members responsibility for whatever services they participate in. On-site services provided at the Westlake Recovery House can change at a moment s notice. Many of these services are provided by Members of the house, such as, housekeeping, landscaping, cooking, etc Since these duties are performed by Members, the services could change depending on whether a Member moves out, the house duties are offered to another Member, or the service is no longer provided. Members are also provided with free utility services such as, cable, internet, long-distance telephone service, electricity, gas, water, and trash service. Westlake Recovery pays for these services and is not the provider of these services and is therefore not responsible if these services are not performed, such as the internet being down, trash not picked up, etc These services could also be reduced or shut-off due to disruptive behavior, such as, cancelling cable or internet service due to Members charging movies to the house, or using the internet inappropriately. Even if one Member is disruptive, the whole house could lose these services. Westlake Recovery makes every attempt to provide Members with programs that assist them in their recovery. Some examples of these programs are the accountability program, in-house dinners, family celebrations, recognition program, referral program, outside speaker meetings, recovery professional in-house visits, etc Due to the cost, time and/or personnel involved, these programs may or may not be provided to Members. Members understand that their monthly membership and deposit fees are given in exchange for living in a fellowship with others and is not given in exchange for the programs and services of the house. Westlake does not refund any rent and/or deposit for discontinuing, adding, and/or changing services. Page 4 of 13

5 12. Terms & Conditions: The purpose of this contract and the House rules that follow are to inform you of your rights and what is expected of you. The Westlake Recovery House is a sober living home. It is a home for you to develop coping skills that will help you master the social and professional demands of society. It is a home for you to live and function in a drug and alcohol free environment. This will be your home for as long as you wish to reside here. Therefore, you will need to care for it accordingly. You are responsible for your own actions. Accountability is a common value shared by all who reside here. Willingness and cooperation are the basic requirements shared by all members of the house. House members live as a family system, that is, a group of individuals living and working toward a common goal, continued sobriety. You are responsible for maintaining a structure of accepted rules, requirements, and practices necessary to ensure a clean and sober environment. The Westlake Recovery House is a recovery home which requires expulsion, without prior notice or refund of deposit and fees, of any resident Member who is found to be: 1) using alcohol or drugs; 2) engaging in disruptive behavior; or 3) in default of payment of a membership fee or fine. All resident tenants of the Westlake Recovery House are members of our recovery home. You do NOT have renter s rights or any rights of tenants pursuant to the Texas Property Code, and expressly waive any such rights in exchange for membership privileges. 13. House Rules, Responsibilities & Policies: Members must obey all rules and policies and be responsible for their behavior. Failure to do so may result in write-ups, fines, assigning of chores and/or eviction. Members can be immediately removed from the premises at any time for any reason, including any rule listed below and for anything not covered within this contract and therefore not receive any portion of their monthly member rental fee, security deposit and/or belongings for being evicted. By initialing below, I agree to abide by all house rules, responsibilities and policies and am subject to and responsible for any write ups, fines, eviction, and/or loss of member rental fees, deposit and belongings. All items listed below must be initialed and agreed to by the Member prior to moving into the Westlake Recovery House. Illegal Activity & Disruptive Behavior 1. I will not engage in illegal substance manufacturing, possession and/or distribution of alcohol, any controlled substance, prescription medicine and/or illegal drug either on or off premises. *(T) 2. I will not steal. Taking food, bathroom products, personal items, etc.. from others or household items without permission is considered stealing. If caught or suspected of stealing I will replace the item at full cost and understand disciplinary action will be taken. *(Low VH, T) Page 5 of 13

6 Cleaning 3. I will not destroy, damage, and/or ruin my, other members and the Westlake Recovery House property. If so, I will replace the item at full cost and understand disciplinary action will be taken. *(Low VH, T) 4. I will not engage in any sexual activity at the Westlake Recovery House. *(VH) 5. I will not physically and/or verbally confront any member. *(High VH, T) 6. I will not use vulgar, obscene or hateful language, or use profanities. *(High) 7. I will not intimidate, threaten, harass, and/or bother members, guests, neighbors or become burdensome or disrupt the peaceful, tranquil environment of the Westlake Recovery House. *(T) 8. I will not leave any items on the floors or countertops (for example, clothes, towels, bed linens, dining ware, kitchen products, bathroom products, laundry products, bedroom items, etc ) and store all items so they are hidden from view and place all items in their proper location each time I use them. *(VL, C) 9. I will make my bed when I am not sleeping in it and have all items hung up or on shelves in the closet or stored in a dresser drawer so that all items are stowed away from view and the bedroom is neat and presentable at all times. *(VL, C) 10. I will place all dining and kitchen ware in the dishwasher and will not leave any items on the kitchen countertop at any time. *(VL, C) 11. I will put any kitchen device that I use into the dishwasher and/or clean and store the device back into its original location. *(VL, C) 12. I will place all of my food in my allotted refrigerator, freezer and pantry space and if I do not know where that is, I will check with the House Manager. *(Low) 13. I will only eat or allow food to be brought into the kitchen and dining room and will not carry, consume, or allow any food into living rooms and/or bedrooms. *(Low - High, C) 14. I will participate in house chores if I am assigned to do so and understand that house chores will be divided up based on what is best for the house. Generally, members rotate house chores, are assigned a portion of house chores and/or are paid to conduct house chores. The daily time spent on chores ranges from approximately 30 minutes to 3 hours depending on the number of members at the house, and members participating in house chores. *(Low) 15. I will not leave my laundry in the washer or dryer and understand that clothes may be taken out by anybody waiting to use one of the machines and placed wet or unfolded on the table. I will not place my tennis shoes in the dryer. *(VL) Page 6 of 13

7 Medicine Fellowship Drug Testing 16. I will inform the House Manager, Owner and any and all staff of any prescribed medicine that I use. I understand that all medicine must be documented, and that any type of medicine not approved by the staff for any reason will prevent me from being accepted into the Westlake Recovery House and may lead to immediate eviction if I am found in possession of any medicine not approved. *(T) 17. I will be responsible for my medicine by taking all medicine as prescribed and will not add, delete, abuse, sell, trade, or give any medicine to anyone except to house staff upon request. *(High, T) 18. I will not take any medicine containing narcotics or barbiturates or any other substance that will cause a false outcome on a urinalysis. *(T) 19. I will demonstrate honesty, trust and helping to create a safe and sober environment, and report behavior to staff when any rule has been violated by another resident and/or myself. If any staff member has violated any rule, I will report the behavior to the House Owner. *(Low, R) 20. I will attend all mandatory house meetings on Tuesday, Thursday and Sunday evenings at 8:00 PM and notify the house manager if I am working and not able to attend. I will notify my place of employment in advance to attend the house meetings and will not allow any excuse to detract me from attending and am fully responsible for making advance arrangements. *(Low) 21. I will participate in the in-house accountability partner program by serving as a sponsor and also a sponsee to whomever I am paired with and actively talk with them about step work while maintaining an open, honest and willing attitude with completing the steps. *(C, R) 22. I will submit to a drug/alcohol urine screen and/or breathalyzer upon the request of staff at any time for any reason including testing done at mandatory house meetings and will not tamper with the results and/or produce a false test. *(T) 23. I agree to participate with conducting a drug and/or alcohol test at any time, randomly, or at the manager s discretion and understand that if I refuse to participate is an admission of guilt and I will be removed from the house immediately. *(T) 24. I agree to notify the House Manager and/or House Owner immediately if I am aware of another house member being under the influence of drugs or alcohol and understand that if I do not notify them, I can be held responsible and removed from the house along with the accused. *(R, T) Page 7 of 13

8 Noise & Curfew 25. I will obey curfew and sleep at the Westlake Recovery House before 10:00 PM during the first 30 days and at 12:00 AM (midnight) every night unless granted overnight permission from the House Manager and notify him of where I am going and when I will return. *(Med) 26. I will sleep at the Westlake Recovery House for the first 30 days until I have been granted permission with an overnight pass from the house manager and will sleep at the Westlake Recovery House each night unless prior arrangements have been made with the house manager. *(Med) 27. I will ask permission from the house manager at least three days ahead of time if I will not be sleeping at the house and understand that if I am absent from the house for more than 24 hours and had not asked the house manager for permission will lead to my eviction. *(T) 28. I will be courteous of other residents need to sleep and observe all quiet hours by not making any loud noise that could disrupt residents from their sleep, such as, talking on a phone, turning on lights, cooking food, cleaning, washing clothes, banging or dropping items, getting ready for bed by taking showers, brushing teeth, etc.. and will turn off all televisions, laptops, cell phones, video games, and any and all noise making devices from 10:00 PM to 10:00 AM Sunday thru Thursday, and from 12:00 AM to 10:00 AM on Friday's thru Saturday's. *(C, R) Household Items & Personal Belongings 29. I will not bring in or allow any of the following items to be brought into the Westlake Recovery House by myself, guests or others; any candles, incense, or household fragrance spray, any bedding, clothing or other items that are considered offensive or of bad taste, any furniture, any towels, desktops, any items that can be hung on a wall, any items that are offensive in nature or dangerous, such as a knife, gun, pepper spray, etc.., loud or bright alarm clocks, sleeping devices without headphones, any cookware in which an equivalent already exists, any personal dining ware, any personal home cleaning supplies, any material that is pornographic or offensive in nature, cell phones with external speakers, or devices designed to play music at a loud level, TV's, any movie, cd, or stored content with pornographic, or offensive material, external speakers, equalizers, radios, any music playing device or instrument such as; guitar, harmonica, drums, drum sticks, symbols, bells, etc any alcohol-based over the counter medicines, hygiene products or cooking additives such as Nyquil, mouthwash, vanilla extract, etc... *(Low) 30. I will not alter, move, add or change any property, furniture, door locks, etc... unless receiving prior approval by house staff. *(VL) 31. I understand that if I move out of the house or am evicted that my personal property will be gathered and packed up to be placed in a storage area by the house manager and I will have a 7-days from the date of my departure to return and collect my personal property. Page 8 of 13

9 Employment 32. I understand that if I do not pick up my belongings from the house within 7 days of leaving the house will result in my personal property becoming the property of the house and will either be donated or may be used by the house as deemed necessary or sold in order to recover any damages or fines/fees I may have owed. This will include any automobiles or other modes of transportation left parked at the property such as bicycles, motorcycles, etc The vehicle will be towed or stored in a locked place. Any locks may be removed to allow access to the vehicle. 33. I understand that if even if I am not able to pick up my property within 7 days of leaving the house due to being in a hospital, prison, vacation, etc.. I will still have 7 days to arrange for someone else to pick up my property at the house. 34. I will be responsible for all of my items I bring into the Westlake Recovery House and will not hold the house, owner and/or staff accountable or file any charges or suits against the house, owner, and/or staff for the loss, theft, damage, misplacement, withholding and/or abandonment of my or anyone else s property. 35. I understand that mail will not be saved, forwarded or marked Not at this address if I am evicted or choose to leave. 36. I understand that only one TV is allowed per room and will allow a roommate to complete their TV program before changing the channel if they are watching it before I am, unless everyone agrees to the change. 37. I will only use the house computer for 30 minute intervals unless nobody is waiting and If I have been on it for 30 minutes and somebody needs to use it I will have 5 minutes to complete my work. 38. I will not download files and applications to the house computer and will use the printer only for official house business and printing resumes and applications for employment. *(Low) 39. I will not have any file or music sharing applications on my computer such as LimeWire, Bit Torrent, etc and understand that If I use them and download or upload illegal or copyrighted material our internet provider will shut off internet access to the whole house and I will not be allowed to use your laptop in the future and could face criminal charges. *(VH) 40. I will be employed, seek financial aid, volunteer and/or be enrolled full-time in school within the first 30 days of moving into the Westlake Recovery House. *(T) 41. If I am offered an unusual job or am working late or graveyard shifts, I will notify the house manager for approval before accepting any job and notify the house manager prior to moving in if I already have an unusual or late working job. (Low) Page 9 of 13

10 42. I will be off of the Westlake Recovery House property by 11 AM and not return until after 3 PM Monday through Friday whether or not I am employed, enrolled in school and/or volunteering. *(C, Med) Guests 43. I will not allow guests to stay at the Westlake Recovery House past 10 PM on any night, not allow guests of the opposite sex into any bedrooms at any time and will not have more than two guests visit the house each week whether it is the same guest twice in one week, or two different guests in one week. *(Med) 44. I will notify any guest if they are not approved or allowed to visit the house and will not allow them to enter the Westlake Recovery House if they are not approved by the staff for any reason. *(High) 45. I will make sure my guests obey all house rules and are within my sites at all times while visiting the Westlake Recovery House property. I will take full responsibility for any of the actions and/or behaviors of my guests. *(C, R) 46. I will not smoke indoors, allow any smoke to carry into the Westlake Recovery House, and dispose of cigarettes in the smoking station.*(vl - VH) 47. I will allow house staff to search any personal items at any time including luggage upon intake, personal property, rooms, closets, etc *(Low) Security & Safety 48. I understand that the keyless entry system is designed to keep non-residents, (except for resident s guests) out of the Westlake Recovery House and that if I no longer become a member that the key codes can be changed to prevent me from entering and that my belongings can become property of the house until I can pay the full amount of rent and/or deposit that I owe. 49. I will not open or leave open any door (including closet, bathroom, bedroom and interior doors) window, and/or window screen and understand that all windows must be closed at all times. *(VL) 50. I will keep all doors with keyless entry systems shut immediately upon entry and not allow the doors to be left open at any time. *(Low) 51. I will not allow any non-member, except for my guests to follow into the Westlake Recovery House behind me without entering their keyless entry code, will prevent anyone from entering the house by keeping all doors and windows shut and prevent anyone from seeing or knowing about entry codes. *(VH, T) 52. I understand that if I allow someone who is not permitted to enter into the house, such as a former member of the house who was evicted, that I can be evicted as well. *(VH, T) Page 10 of 13

11 House Rules 53. I will not engage in any illegal, harmful, or disruptive behavior either on or off premises and will not hold the Westlake Recovery House, owner, residents, and/or staff responsible for my behavior and actions. *(T) 54. I understand that it is the full discretion of the Westlake Recovery House owner if I am allowed back into the house for being late with and/or not paying the full amount of rent and/or deposit and that even if I do pay the amount of rent and/or deposit that I owe, that does not guarantee admission back into the house. 55. I understand that I will be evicted from the Westlake Recovery House if I have three or more write-ups, any unpaid and/or late fines, and any unpaid and/or late rent or am asked to leave the premises at any time for any reason by the House Owner. *(T) 56. I understand that it may be in the best interest of the Westlake Recovery House to move and/or add residents into bedrooms and that as a policy the Westlake Recovery House does not move and/or add residents unless it is for the overall best interest of the house and that I will be willing and cooperative to move my belongings to another room or bed if I am asked to do so. This could mean moving from an empty room to a more full room, moving from downstairs to upstairs (or vice versa), moving from a two bedroom room to a four bedroom room, or any other combination. *(VL) 57. I will be responsible for ensuring anonymity and friendliness within the neighborhood and will keep house business within the house and not air our business with the neighbors. *(VL Med) 58. I fully waive any rights and will not hold the Westlake Recovery House, Owner and/or staff responsible and will not file any charges, suits, or claims to any personal, psychological or physical injuries or damages to myself or to my property, whether the injuries and/or damages occurred on or off of the premises by any animal, person, resident, guest, staff, house owner, and/or natural disasters, such as; earthquakes, tornados, hurricanes, floods, hail, wind, rain, lightning, etc... *(Disciplinary Action Key) T = Termination of Member Status C = Additional Chores R = Increased Restrictions VL = Very Low Monetary Fine = $5 Low = Low Monetary Fine = $10 Med = Medium Monetary Fine = $25 High = High Monetary Fine = $35 VH = Very High Monetary Fine = $50 Page 11 of 13

12 14. Enforcement of Rules & Eviction: The enforcement of rules, chores and fines is at the full discretion of the house staff with the understanding that the House Owner has final approval with evictions. Members can be evicted without having a drug or alcohol test performed and can be evicted just for being a disturbance to the serenity of the house. THE EVICTION PROCESS OF TENANTS DOES NOT APPLY TO THE EVICTION PROCESS OF MEMBERS. RESIDENTS OF THE WESTLAKE RECOVERY HOUSE ARE MEMBERS AND ARE NOT CONSIDERED TENANTS AND AS SUCH ARE NOT PROTECTED UNDER TENANTS RIGHTS LAWS OR CITY OR STATE PROPERTY CODES AS TENANTS. HENCE, A MEMBER CAN BE EVICTED ON A MOMENT S NOTICE FOR ANY REASON WITHOUT THE DUE PROCESS OF EVICTION PROCEDURES USED FOR TENANTS SINCE THEY ARE MEMBERS AND ARE NOT TENANTS. MEMBERS MUST BE COOPERATIVE WITH LEAVING THE PREMISES IMMEDIATELY IF THEY ARE ASKED TO LEAVE FOR ANY REASON GIVEN BY THE HOUSE OWNER EVEN IF THEY ARE NOT UNDER THE INFLUENCE OF A CONTROLLED SUBSTANCE. MEMBERS MUST COLLECT THEIR BELONGINGS AND LEAVE IN LESS THAN ONE HOUR AND WILL NOT BE ALLOWED BACK INTO THE HOUSE. MEMBERS UNDERSTAND THAT IF THEY DO NOT LEAVE IMMEDIATELY THE AUSTIN POLICE DEPARTMENT WILL ASSIST THE MEMBER WITH PYSICALLY LEAVING THE PREMISES IMMEDIATELY REGARDLESS OF TIME OF DAY, DAY OF THE WEEK, WEATHER CONDITIONS, TRANSPORTATION ISSUES OR WHETHER THE MEMBER HAS A PLACE TO LIVE. MEMBERS THAT DO NOT LEAVE IMMEDIATELY OR COME BACK TO THE HOUSE WITHOUT PERMISSION WILL BE CITED FOR CRIMINAL TRESSPASSING, WHICH IS A CLASS B MISDAMEANOR AND WILL BE ARRESTED. I have read the above notice and understand that I am applying for membership of the Westlake Recovery House as a Member of a recovery home. I agree to abide by the responsibilities and requirements of the house and fully subject myself to the rules of the home, which include periodic/random drug testing. I understand that I am subject to immediate expulsion from the home if any of the following occur: 1) I use alcohol or drugs (other than prescribed medications); 2) I engage in disruptive behavior (continued patterns of irresponsible behavior are considered disruptive behavior); 3) I fail to pay my monthly membership fee or penalty fee(s). If less than 30 days notice is given or I am expelled from the Westlake Recovery House, I understand that my deposit and member fees will be forfeited and my belongings may be confiscated if I owe any fees or responsible for any damage. 15. Signature: By signing below I agree to participate as a Member of the Westlake Recovery House, agree to abide by all of the house rules, regulations, policies, terms and conditions within this contract and acknowledge that I have read over this entire document. I certify that the information contained in this document is true. I accept the above conditions set forth for membership to the Westlake Recovery House, and agree to abide by said conditions as a member resident. Page 12 of 13

13 Printed Name of Member: Member Signature: Date: Printed Name of House Representative: House Representative Signature: Date: Page 13 of 13