This Room to Heal Agreement (this “Agreement”) is made by and between Room to Heal, LLC (“Room to Heal”) and the individual described in Addendum A: Resident Information, and incorporated herein by reference (“Resident”).
Room to Heal operates a sober living home (the “Home”) in Charlotte, NC. The Home has been established in compliance with the conditions of The Anti-Drug Abuse Act of 1988, P.L. 100-690, as amended, which provides that Room to Heal shall require the Home’s residents to (a) be prohibited from using or possessing any alcohol or illegal mind-altering substances and (b) be expelled for violating such prohibition.
NOW THEREFORE, Room to Heal and Resident agree as follows:
1. Acceptance into Home. Room to Heal hereby agrees to accept Resident into the Home and Resident agrees to stay in the Home, on the terms and conditions of this Agreement. Resident acknowledges and agrees that living in the Home requires complete abstinence from drugs and alcohol. Any use of drugs and/or alcohol by Resident is strictly prohibited. Room to Heal is providing a sober living facility only and does not provide any counseling or restrict Resident from making his or her own personal choices as long as they do not violate this Agreement. Resident will enter the Home on the move-in date indicated below the parties’ signatures to this Agreement. Resident will be given the use of one room within the Home. Room to Heal may remove the Resident from the Home for any of the reasons set forth herein and for no reason. In the event Room to Heal removes a Resident for no reason then Room to Heal will refund any remaining portion of the Rental Fee if the removal occurs mid-month and the Rental Fee has been paid in advance.
2. Fees. Resident shall pay Room to Heal a rental fee of $4,750 for the first month and $4,500 for each subsequent month during the term of this Agreement (the “Rental Fee”). “Month” is determined by the move-in date of the resident (ex: if resident moves in on March 3rd, the fee is due on the 3rd of each subsequent month). The Rental Fee is due on the first day of each and every month during the term of this Agreement. The Rental Fees may be paid by cash, personal check or credit card. A late fee of 10% will be applied if the Rental Fee is not received by Room to Heal by midnight on the 5th day of the month. Late fees must be paid with the late Rental Fee. Room to Heal may reject any payment of the Rental Fee if such payment does not include an applicable late fee. If the Rental Fee is not paid by midnight of the 10th day after it is due, Room to Heal may dismiss the Resident from the Home and terminate this Agreement. Residents can request a weekly rental payment of $1,100. The $250 onboarding fee is due with the first week's rent. Residents who pay weekly must keep a credit card on file for immediate processing.
3. Commitment. Resident agrees to, and hereby does, make a commitment to stay in the Home for at least 1 month. If Resident voluntarily vacates the Home prior to fulfilling such commitment, Resident will forfeit, and Room to Heal shall retain, the Rental Fee.
4. Rules and Expectations. Resident must comply at all times with the Home’s “Rules and Expectations,” the current form of which is attached hereto and incorporated herein by reference. Failure to abide by, or violation of, the Rules and Expectations may result in Resident’s dismissal from the Home and termination of this Agreement, to be determined in Room to Heal’s sole and absolute discretion. Room to Heal may update and revise the Rules and Expectations at any time and will post any such updates and revisions at the Home. It is Resident’s responsibility to familiarize himself or herself with, and understand, the Rules and Expectations. Resident should always ask a Room to Heal representative for clarification or explanation if Resident does not understand a given Rule or Expectation; provided, however, Room to Heal’s representatives will not be required to provide Resident with the reason or justification underlying any Rule and Expectation.
5. Vacation of the Home. Room to Heal requires a 2 week vacate notice. If notice is not given and the Resident voluntarily decides to leave the Home, the Resident agrees to forfeit their rental fee for that month.
6. Testing. Room to Heal reserves the right to require Resident to submit to drug and alcohol testing at any time and for any or no reason. If Resident fails any such test or refuses to submit to a drug and/or alcohol test upon request of Room to Heal, without a legitimate and valid reason, as determined solely by Room to Heal, then Resident may be immediately discharged from the Home. Resident acknowledges and agrees that he or she may be observed by laboratory personnel while submitting to the test. If Room to Heal requests that Resident submit to a drug and/or alcohol test, Resident shall submit to testing within two (2) hours after such request. In the event of a false positive, suspicion of tampering, or dispute regarding test results, Resident may, at his or her own expense, submit to additional testing at a laboratory of Room to Heal’s choosing for a more comprehensive screening.
7. Removal of Property. Upon voluntary vacation of the Home pursuant to Section 5 or upon expulsion from the Home by Room to Heal, Resident shall promptly remove all of his or her personal property from the Home. Any of Resident’s personal property not promptly removed from the Home will become Room to Heal’s property and will be retained or disposed of in Room to Heal’s sole and absolute discretion.
8. Limitation of Liability. Room to Heal will not take any steps to protect Resident’s personal property and, therefore, Room to Heal shall not liable for the theft or loss of any of Resident’s personal property. Resident is solely responsible for his or her own personal property.
9. Indemnification. Resident must read and agree to the “Release and Hold Harmless Addendum,”. Resident shall initial the Release and Hold Harmless Addendum signifying that Resident has read and agrees to the terms of such Release and Hold Harmless Addendum.
10. Assumption of Risk. Resident acknowledges and agrees that other persons who are recently sober or who are struggling to stay sober will also reside within the Home. Resident acknowledges and assumes all risk that comes staying in a facility with other persons. Resident acknowledges that he or she may be confronted due to any adverse or undesirable behaviors, actions, or attitudes not deemed conducive to recovery or harmonious communal living that is a part of living in a sober living house. Such confrontation is intended to be from a caring point of view, or “tough love.”
11. Other Acknowledgements. Resident acknowledges and agrees that:
a. Resident has been provided with a copy of, has read, fully understands, and will comply with the Rules and Expectations.
b. Resident is currently of sound mind and not under the influence of any drugs or alcohol.
c. Resident is a participant in a recovery program.
d. Resident is not a “tenant” of the Home and, therefore, is not protected by, nor will Resident invoke any protections of, local landlord-tenant laws. If it is found that local landlord-tenant law applies, Resident hereby renounces any rights that Resident may or may not have relating to same.
e. Resident will participate in Room to Heal’s recovery and support programs, if any.
f. If Resident violates any of the Rules and Expectations, Resident may be expelled from the Home and forfeit any rights to the Rental Fees.
g. Final determination for any disciplinary action will be made by Room to Heal in its sole and absolute discretion and may not be appealed.
h. If Resident breaches or defaults under any portion of this Agreement and Room to Heal has to go to court to collect damages from Resident, Resident will pay Room to Heal’s reasonable attorney’s fees and court costs incurred in such action.
12. Waivers. Room to Heal recognizes the strict nature of the various requirements and restrictions applicable to Resident under this Agreement and recognizes that strict compliance may not always be feasible due to legitimate reasons. Therefore, Room to Heal reserves the right to waive any requirement or restriction under this Agreement with respect to any violation by Resident. However, any such waiver of any provision of this Agreement shall not be deemed a future waiver of such provision or restriction or waiver of similar future actions, events, or behaviors. Resident acknowledges that just because Room to Heal grants a waiver to Resident or to another Resident does not mean that Room to Heal will extend the same waiver to Resident in the future.
13. Friends and Family. This Agreement is strictly between Room to Heal and Resident and is NOT between Room to Heal and the friends and family members of Resident, even if Resident’s friends and family members are paying all fees required hereunder on behalf of Resident or executing this Agreement on behalf of Resident. Persons who are paying the fees hereunder on behalf of Resident are encouraged to read and understand the terms of this Agreement, the Rules and Expectations, and the Release and Hold Harmless Addendum. Such persons should understand that they are powerless over Resident’s behavior and that Resident’s actions can result in Resident’s discharge from the Home and loss of the Rental Fees. Resident’s family and friends are hereby encouraged to attend support programs or otherwise conduct research to learn how to best support Resident.
14. Conflict. Any inconsistencies or ambiguities in this Agreement shall be resolved solely by Room to Heal in its sole and absolute discretion.
15. Severability. If any provision of this Agreement is determined to be unlawful, invalid or unenforceable, such provision shall be deemed severed from this Agreement, but every other provision of this Agreement shall remain in full force and effect.
16. Choice of Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of North Carolina, without regard to conflicts of laws provision. The parties further agree that proper venue for any action regarding this Agreement will be in any court with proper jurisdiction in Mecklenburg County, NC.
The parties have executed this Agreement as of the latest date written below.
ROOM TO HEAL:
Printed name Date
Client first nameClient last name
MOVE IN DATE: Client admit date
Room to Heal LLC, a North Carolina limited liability company.