This agreement (the “Agreement”) is made between the person signing this agreement (“You” and “Your”) and Graham Behavior Services Limited Liability Company with an address at 60 NJ Rt. 36, West Long Branch, NJ 07764 (“Graham Behavior Services”).
By signing this Agreement, You agree to be bound by all terms and conditions set forth in this Agreement in order to receive the Services that You have selected below and as more fully set forth on Exhibit A as governed by this Agreement, as well as and any other Exhibit B, and any other attachments, if any, as well as the policies and procedures adopted from time to time by Graham Behavior Services.
Services Selected: |
Fees: |
10 Virtual Sessions of Support Group Run by a Professional Mentor |
$20 per week |
|
$20 x 10 |
Total: |
$200 |
1. YOUR RIGHTS. By executing this Agreement and satisfying all payment obligations when due, and complying with all of the terms and conditions of this Agreement, You have the rights to the Services that You selected above, and as more fully set forth in this Agreement and all Exhibit(s) and attachments.
2. PAYMENT OBLIGATIONS. You agree to be fully responsible for all payment obligations as set forth on the first page of this Agreement and as set forth in this Agreement. All payments shall be paid to Graham Behavior Services Limited Liability Company in such manner as Graham Behavior Services may determine from time to time and are due upon the full execution of this Agreement by You.
Upon signing this Agreement, Graham Behavior Services expends significant time and resources to facilitate the services You have selected. Due to such efforts and for other reasons, the payment obligations set forth on the first page of this Agreement are not refundable except to the extent You terminate this Agreement as permitted in Section 3 below.
3. RIGHT TO TERMINATE. You have the right to terminate this Agreement upon the provisions set forth below.
A. Upon Signing Agreement.
“NOTICE TO YOU” You are entitled to a copy of this Agreement at the time You sign it.
You may cancel this Agreement at any time before midnight of the third business day after receiving a copy of this Agreement. If You choose to cancel this Agreement, You must either:
Send a signed and dated written notice of cancellation by registered or certified mail, return receipt requested or personally deliver to Graham Behavior Services, Limited Liability Company, Attn: Cara Graham, 60 NJ Rt. 36, West Long Branch, NJ 07764; or
Send the notice via email to: cara@grahambehavior.com and jilian@grahambehavior.com.
If You cancel this Agreement within the three (3) day period, You are entitled to a full refund of Your money (except for services provided by Graham Behavior Services). If the third operating day falls on a Sunday or holiday, notice is timely given if it is mailed or delivered as specified in this notice on the next business day. Refunds must be made within thirty (30) days of receipt of the cancellation notice to Graham Behavior Services.
B. Cancellation for death. This Agreement is subject to cancellation upon the death of the family member for which You have selected services under this Agreement. Such notice of termination must be by written notice sent by registered or certified mail, return receipt requested, or personally delivered, to: Graham Behavior Services Limited Liability Company, Attn: Cara Graham, 60 NJ Rt. 36, West Long Branch, NJ 07764. Please note that Graham Behavior Services may retain the portion of the total payments made by You representing the services used plus reimbursement for expenses incurred by Graham Behavior Services.
C. Cancellation by Graham Behavior Services. Notwithstanding any other provision in this Agreement or any other document or other agreement by and between You and Graham Behavior Services, the Services may be terminated immediately upon the following events:
You do not make timely payment of any fees, costs or expenses either when due as per page 1 of this Agreement or if not so defined on page 1, but as otherwise required under this Agreement, within three (3) days after receiving notice (including written notice via mail, email or other delivery methods); or
You refuse or fail to follow any of the Rules (attached hereto as Exhibit B) as may be amended from time to time; or
You breach any term of this Agreement or any other agreement or policy and/or procedure of Graham Behavior Services; or
Your conduct, any other person’s conduct, and/or any other fact or circumstance arising or existing that alone or with other factors that are determined to be dangerous to Graham Behavior Services, the staff of Graham Behavior Services or for any other reasonable concern in Graham Behavior Services’ reasonable discretion.
NO REFUND OF ANY PORTION OR ALL OF THE PAYMENTS YOU HAVE MADE WILL BE REFUNDED IN THE EVENT OF A TERMINATION OF THIS AGREEMENT IN ACCORDANCE WITH THIS SECTION C.
4. PRIVACY NOTICE. You agree to Graham Behavior Services’ Privacy Notice as may be amended from time to time.
5. INDEMNIFICATION. You unconditionally agree that You are liable for all property damages, bodily injury and any other damage or loss that are caused to any location, other persons (including without limitation, their personal and business property) at or about any location for any act or omission by You, Your child and/or any of Your and/or Your child’s agents, guests, representatives, or other persons for which you are reasonably responsible for. Any damage, cost or expense arising out of the foregoing are known as “Your Costs”. You agree unconditionally to fully reimburse Graham Behavior Services for Your Costs, including but not limited to legal fees and court costs.
6. INDEPENDENT LEGAL ADVICE. You acknowledge, understand and agree that You have had the opportunity to seek independent legal advice in relation to this Agreement. In signing this Agreement, You acknowledge and agree that You have read and fully understand this Agreement. You confirm that You are executing this Agreement voluntarily and willingly.
7. GOVERNING LAW. This Agreement shall be governed in accordance with the laws of the State of New Jersey. The parties irrevocably agree to the personal jurisdiction of the Superior Court of New Jersey, Monmouth County.
8. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement among the parties pertaining to the subject matter herein. This Agreement may not be amended or supplemented at any time unless by a writing executed by all parties hereto. If any provision of this Agreement is declared invalid or illegal, the parties agree to attempt to modify such provision to bring into compliance with the law. If such term cannot be modified, then the remaining terms and provisions of the Agreement will remain in full force and effect. Notwithstanding the foregoing, any contradictory applicable law shall be deemed to be included into this Agreement as if more fully set forth herein. The Agreement is binding upon, and shall inure to the benefit of, the parties hereto and their respective heirs, executors, administrators, successors, and permitted assigns. Notwithstanding the foregoing, Graham Behavior Services may elect to send any notices whether required or not under this Agreement via the email address You provided. You are responsible for immediately updating the information You provided to Graham Behavior Services when any such change is required to ensure that all of the information provided to Graham Behavior Services remains accurate and correct. You may not assign this Agreement and/or the rights to receive the services selected. Graham Behavior Services may assign this Agreement at its sole and absolute discretion and may use any staff of its selection in providing the services. All notices to be given under this Agreement shall be provided in writing and/or via email at cara@grahambehavior.com & jilian@grahambehavior.comand if such notice is to be given to Graham Behavior Services, be delivered to the Graham Behavior Services at cara@grahambehavior.com & jilian@grahambehavior.com (or as otherwise permitted in Section 3 of this Agreement, or if such notice is to be given to You, to be delivered to the address set out on the page under Your signature to this Agreement. Where Graham Behavior Services is required to pay or refund any amount to You under this Agreement. Payment or refund of by Graham Behavior Services to You shall fully release and discharge Graham Behavior Services from its liability for same. If any provision of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not affect the validity of any other provision of this Agreement, but such part shall be fully severable, and this Agreement shall be construed and enforced as if such invalid or unenforceable part had never been inserted herein. All post termination obligations shall survive and not merge with the expiration, cancellation or termination of this Agreement. All rights and remedies of Graham Behavior Services under this Agreement are cumulative and in addition to and not in substitution for any rights or remedies provided in law or in equity.
9. CONFIRMATION. You confirm that You are eighteen (18) years of age or older and legally competent to sign this Agreement. You further confirm that You have the legal authority to commit to receive the Services for both You and Your child (or person for which you are the legal guardian) and that You will ensure that You and Your child and/or family member shall fully comply with all terms and conditions of this Agreement.