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There are some concerns regarding the entire
contract. Problems in the page above include the fact that
children coming into the program are strip-searched [search of person]
and such searches are conducted whenever deemed "necessary" by staff
throughout the duration of the program. This is often a tool of
humiliation used by behavior modification programs. They use
physical restraint whenever deemed "necessary" by staff and only record
statements regarding the incident from the adult staff present.
Aspiro also demands that parents allow it to administer medical and
psychiatric treatment whenever it deems such necessary. However,
Aspiro does not state in what way it is qualified to administer
psychiatric treatment. Aspiro also requires parents to agree to
any medical "testing" it deems necessary without parental or individual
informed consent. In requiring the authority of power of attorney,
Aspiro has made itself a fiduciary of the family. A fiduciary has
the responsibility to act in the best interest of those he/she/it
represents. In the following pages, Aspiro unconscionably
disclaims any liability for harms (including death) experienced within
the Aspiro program and even though requiring the rights of a power of
attorney agreement, denies the responsibilities of such an agreement.
This is prima facie unconscionable. |
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Aspiro requires parents/guardians to agree
to unconscionable and arguably illegal terms. Whether deemed
unconscionable and/or illegal by a court, the terms are still considered
void or voidable. The "Risk", "Indemnification", and "Liability"
terms are unconscionable because they put all of the liability for any
harm, "known or unknown", regardless of responsibility, on the
parents/guardians. If a child is maimed or killed while in the
"care" of Aspiro, Aspiro renounces any responsibility for it, even if
the laws would hold them accountable for negligence or intentional acts.
This type of "waiver" is unconscionable. And, a parent does not
have the legal right to sign away the rights of their minor children
(see:
Scott v.
Pacific West Mountain Resort, 119 Wash 2d 484, 834 P 2d 6 (1992).).
And, the fact that Aspiro requires parents to agree to illegally waive
the rights of a minor child is additional cause for concern. An
agreement that includes unconscionable and illegal terms is void and/or
voidable.
Another problem with the contract is the
"Mail Agreement". As stated above, parents do not have the right
to waive the rights of their minor children. It was decided in the
case of Milonas v. Provo Canyon School (see:
www.heal-online.org/provocases.htm) that it is a violation to open,
read, censor, and/or monitor the mail of children in a program. It
is an illegal practice. The fact that Aspiro includes illegal and
unconscionable terms and practices in it's contract is a serious
concern. The "Photograph Agreement" is also a serious violation.
Aspiro, not worried about protecting client confidentiality--but only
about sales materials, requires parents to approve the use of their
child's photograph in sales literature for the program. This is an
invasion of privacy of the minor's rights and is also an unconscionable
term for any service promising or requiring confidentiality.
In addition, if a child escapes Aspiro,
Aspiro puts the responsibility and expense of recovering the child on
the parent even though they are acting in lieu of parental authority per
the power of attorney agreement and would be legally responsible for
exercising due care to insure the safety of all "participants".
The remainder of the contract reiterates that parents assume all risks
involved to their child and their family and releases Aspiro of any
"known and unknown" risks of harm, including death.
We would highly recommend no family enter
any contract containing unconscionable or illegal terms. Adult
children have sued programs with their parents as co-defendants and
parents have been found liable for injuries to their children. It
is best to avoid any shady deals with those running fraudulent or
abusive programs.
To submit your statement regarding Aspiro
Wilderness,
click
here! |
