Terms and Conditions

SALT RECOVERY HOUSE

Terms and Conditions

Please take time to read the Terms and Conditions governing Services provided by The Salt Recovery House.

1. DEFINITIONS AND INTERPRETATION

1.1. Definitions

In these Terms and Conditions:

(1) “ Associated Entity” has the meaning given to it in Section 50AAA of the Corporations Act 2001 (Cth);

(2) “ Business Day” means a day that is not Saturday, Sunday or any other day which is a public holiday or a bank holiday in the place where an act is to be performed or a payment is to be made;

(3) “ Check In” means the Client attending the Salt Recovery facility for the commencement of their Residential Program;

(4) “ Check-In Date” means the date on which a Residential Program is due to commence as nominated in writing by Salt Recovery;

(5) “ Check Out Date” means the date on which the Residential Program is due to cease as nominated in writing by Salt Recovery;

(6) “ Client” means any individual enrolled in a Salt Recovery Program or attending the facility;

(7) “ Confidential Information” means any information provided by one party to the other which is designated as confidential or which by its nature is confidential;

(8) “ Daily Fees” means any Service Fees which are not Fixed Fees;

(9) “ Day” means calendar day;

(10) “ Deposit” means the amount payable pursuant to Clause 3 of these Terms and Conditions;

(11) “ Fee” includes Service Fees, Amended Service Fees and any other fees or expenses incurred or payable Salt Recovery;

(12) “ Fixed Fee” means any fee that Salt Recovery classified as a fixed fee, including but not limited to fees associated with the following:

(a) Clinical Assessment;

(b) Intermittent psychology, counselling or psychotherapy;

(c) Medical Intervention Therapies;

(d) Nutrition tests;

(e) Aftercare Programs;(f) Post-Program Support; or

(g) Pre-Sentence Reports.

(13) “ Month” means any one of the 12 named periods into which a Year is divided;

(14) “ Quote” means the quotation for the Services to be provided together with these Terms and Conditions;

(15) “ Quoted Service Fees” means a written description of an estimate of the Service Fees for the Service provided as contained in the Quote;

(16) “ Recovery Program” means any program offered by The Salt Recovery House which Salt Recovery classifies as a recovery program;

(17) “ Salt Recovery” means The Trustee for The Salt Recovery House Trust and other business names trading under A.B.N 43 543 759 174;

(18) “ Service Fee” means the Quoted Service Fees once accepted by the Client and, if applicable, the Third Party Payer;

(19) “ Services” means the recovery, rehabilitation, and related support services provided by Salt Recovery;

(20) “ Terms and Conditions” means this document, including any Schedule or Annexure to it together with the Quote;

(21) “ Therapy” means any treatment or intervention provided as part of the Program to assist the Client in their recovery;

(22) “ Third Party Payer” means the person who pays or agrees to pay the Service Fees or any Fees or amounts payable pursuant to these Terms and Conditions on behalf of the Client and is notified to Salt Recovery in writing; and

(23) “ Year” means any period of 12 consecutive months.

1.2. Interpretation

Reference to:

(1) One gender includes the others;

(2) The singular includes the plural and the plural includes the singular;

(3) A person includes a body corporate;

(4) A party includes the party’s executors, administrators, successors and permitted assigns;

(5) A statute, regulation or provision of a statute or regulation (“Statutory Provision”) includes:

(a) That Statutory Provision as amended or re-enacted from time to time; and(b) By statute, regulation or provision enacted in replacement of that Statutory

Provision;

(6) Money is to Australian dollars, unless otherwise stated.

(7) “Including” and similar expressions are not words of limitation.

(8) Where a word or expression is given a particular meaning, other parts of speech and grammatical forms of that word or expression have a corresponding meaning.

(9) Headings are for convenience only and do not form part of these Terms and Conditions or affect its interpretation.

(10) A provision of these Terms and Conditions must not be construed to the disadvantage of The Salt Recovery House merely because The Salt Recovery House was responsible for the preparation of these Terms and Conditions or the inclusion of the provision in these Terms and Conditions.

(11) If an act must be done on a specific day that is not a Business Day, it must be done instead on the next Business Day.

1.3. Parties

(1) If a party consists of more than one person, these Terms and Conditions bind each of them separately and any two or more of them jointly.

(2) An obligation, representation or warranty in favour of more than one person is for the benefit of them separately and jointly.

(3) A party which is a trustee is bound both personally and in its capacity as a trustee.

2. ACCEPTANCE OF THESE TERMS AND CONDITIONS

2.1. By using the website, making a booking, or otherwise engaging with Salt Recovery’s services, the Client agrees to the Terms and Conditions.

2.2. The Client acknowledges that they have read and understood the Terms and Conditions before proceeding with any Booking.

2.3. These Terms and Conditions constitute the entire agreement between the Client and The Salt Recovery House concerning the Services, and no other agreements, promises, or understandings, whether oral or written, shall apply unless written and signed by both parties.

2.4. Quoted Service Fees do not include the cost of personal items, personal recreational activities, hospital fees, or any other matter or thing not listed as included on the Quote.

2.5. By accepting the Quote, you acknowledge and agree to these Terms and Conditions and to make payments pursuant to these Terms and Conditions. 2.6. Upon acceptance of the Quote by the Client and, if applicable, the Third-Party Payer, the Quote, together with these Terms and Conditions, form a legally binding contract enforceable against the Client and the Third-Party Payer.

2.7. Upon acceptance of the Quote by the Client and, if applicable, the Third-Party Payer, the Quoted Service Fees become the Service Fees for the purpose of these Terms and Conditions.

2.8. If a person makes a reservation for any Service on behalf of a Client, they will be deemed to have accepted these Terms and Conditions on behalf of the Client.

2.9. The Client acknowledges and agrees that these Terms and Conditions do not constitute a lease or sublease and that nothing in these Terms and Conditions confer on the Client an interest in Salt Recovery’s land or any type of leasehold estate whatsoever.

3. DEPOSIT

3.1. A non-refundable Deposit is payable equal to the greater of 20% of the Service Fees.

3.2. If the Services are cancelled or amended for any reason after the Deposit has been paid, the Deposit will not be refunded, and it will be retained by Salt Recovery.

3.3. If the Client cancels the Booking or fails to show, the deposit will not be refunded. Cancellations must be made in writing to the Company by email.

4. RESERVATION

4.1. The Client’s reservation for the Services will not be complete until:

(1) The Quote is accepted by the Client;

(2) The Deposit is paid in accordance with Clause 3 and is received by Salt Recovery; and

(3) The Credit Card Authorisation contained in Schedule 1 is duly completed and returned to Salt Recovery.

4.2. The Client’s reservation for the Services is not confirmed until Salt Recovery provides the Client with a reservation confirmation in writing.

5. PAYMENT OF SERVICE FEES

5.1. The Service Fees, including any balance owing after payment of the Deposit must be paid to Salt Recovery:

(1) For a Residential Programs on or before the Check-In Date;

(2) For Day Programs, at least 24 hours before the first Session.

5.2. If the Service Fees are not paid to Salt Recovery in accordance with these Terms and Conditions, the non-payment by the Client will be deemed to be a breach by the

Client of the Services, and:

(1) the relevant clauses of these Terms and Conditions regarding cancellation apply;

(2) Salt Recovery reserves the right to terminate the contract, apply late payment fees, and/or enforce any other rights and remedies available under law or these Terms and Conditions

5.3. The Client/Third Party Payer agrees to pay any Fees incurred in connection with the Services provided by Salt Recovery within the timeframe specified in writing by Salt Recovery.

6. AMENDED SERVICE FEES

6.1. The Client/Third Party Payer acknowledge that it may be appropriate for the Services to be amended by Salt Recovery after the Quote has been accepted.

6.2. If the amendment to the Services by Salt Recovery will result in additional Service Fees, the Client will be informed of the additional Service Fees (“Amended Service Fees”).

6.3. Upon acceptance of the Amended Service Fees by the Client and, if applicable, the Third Party Payer, they each agree to pay Salt Recovery the Amended Service Fees within the time specified in writing by Salt Recovery and otherwise pursuant to these Terms and Conditions.

6.4. Salt Recovery reserves the right not to provide any additional Services until the Amended Service Fees have been paid to Salt Recovery.

7. CREDIT CARD AUTHORISATION

7.1. The Client or Third Party Payer must complete Schedule 1 of these Terms and Conditions by providing details of an approved Credit Card.

7.2. The Credit Card provided may be charged for any outstanding Fees payable to Salt Recovery in accordance with these Terms and Conditions.

7.3. Payments made by credit card, PayPal, or other payment facility may incur a surcharge. Any surcharge paid will not be refunded by Salt Recovery under any circumstances.

7.4. By completing Schedule 1, the Credit Card Holder unconditionally and irrevocably authorises any payment from that Credit Card for Service Fees or any other Fees to Salt Recovery pursuant to these Terms and Conditions.

8. PHOTO IDENTIFICATION

8.1. Upon Check-In, the Client must produce to Salt Recovery their driver’s Licence (or equivalent photo identification), at which time a copy of the identification will be made and placed on the Client file.

9. RESIDENTIAL PROGRAMS AMENDMENT/SUSPENSION

9.1. All requests by or on behalf of the Client to amend or suspend a Residential Program reservation must be made in writing and accompanied by payment of theadministration fee pursuant to clause 9.2. All such requests are subject to availability and will be determined at the sole discretion of Salt Recovery.

9.2. An administrative fee of $750.00 must be paid to Salt Recovery for Salt Recovery to consider any request to amend or suspend a Residential Program reservation, which is made within five (5) Business Days before the Check-In Date. Payment of this administration fee does not guarantee Salt Recovery’s agreement to amend or suspend a Residential Program reservation.

9.3. Notwithstanding the above, any request by or on behalf of the Client to amend or suspend a Residential Program reservation made within five (5) Business Days before the Check-In Date may not be considered by Salt Recovery.

9.4. If a Client’s request to amend or suspend a Residential Program reservation results in an increase in the Service Fee or any other Fees payable, the additional Fees must be paid to Salt Recovery within the timeframe specified in writing by Salt Recovery and otherwise in accordance with these Terms and Conditions.

10. RESIDENTIAL PROGRAMS NO SHOW AND CANCELLATION

10.1.If a Residential Program reservation is cancelled by the Client less than three (3) Business Days before the Check-In Date or a Client fails to attend a Residential

Program on the Check-In Date Salt Recovery will charge a cancellation fee equal to:

(1) 100% of the Fixed Fees incurred; plus

(2) 100% of the Residential Program Daily Fees up to a maximum of 35 Days to be calculated on a pro-rata basis.

10.2.If a Residential Program is cancelled by the Client less than four (4) Business Days before the Check-In Date Salt Recovery will charge a cancellation fee equal to:

(1) 100% of the Fixed Fees incurred; plus

(2) 75% of the Residential Program Daily Fees up to a maximum of 35 Days to be calculated on a pro rata basis.

10.3.If a Residential Program is cancelled by the Client less than five (5) Business Days before the Check-In Date, Salt Recovery will charge a cancellation fee equal to:

(1) 100% of the Fixed Fees incurred; plus

(2) 50% of the Residential Program Daily Fees up to a maximum of 35 Days to be calculated on a pro rata basis.

10.4.If a client commences a Residential Program but cancels the Residential Program or ceases attending the Residential Program for any reason after commencement, Salt Recovery will charge a cancellation fee equal to:

(1) 100% of the Fixed Fees incurred; plus

(2) The Daily Fees for the number of Days of the Program attended; plus(3) The Daily Fees for the remaining number of Days which were not attended in their Residential Program, up to a maximum of 35 Days of that Residential Program, to be calculated on a pro rata basis.

10.5.Any fees charged for cancellation may be applied as a contribution towards an alternative or future Service within six (6) Months of the cancellation.

11. PAYMENT OF AMENDMENT/CANCELLATION FEES

11.1.The Client and the Third Party Payer acknowledge and agree that all Fees payable pursuant to clauses 9 to 12 of these Terms and Conditions which have not been paid to Salt Recovery will be charged to the credit card provided pursuant to clause 7 of these Terms and Conditions at the discretion of Salt Recovery including in circumstances where the Client does not complete any portion of a Service for any reason.

11.2. Any merchant surcharge applied to credit cards at the time of booking will not be refunded under any circumstances.

12. HOLDING BOND

12.1. Where any Service Fee or other Fees payable pursuant to these Terms and Conditions are to be paid using funds from the Superannuation Fund of the client or of a person on whom the client is dependent a holding bond equivalent to between 20% and 100% of all Service Fees and other Fees payable to Salt Recovery must be paid to Salt Recovery (“Holding Bond”) prior to commencement of the Service in order to secure the Service.

12.2. Where a Holding Bond has been paid to Salt Recovery and Salt Recovery receives payment for the Service Fees or other Fees payable pursuant to these Terms and Conditions, a portion of the Holding Bond equal to that additional amount paid will be released to the payer of the Holding Bond. The Third Party Payer and the Client irrevocably authorise Salt Recovery to make any payment from the Holding Bond pursuant to this clause.

12.3.The Third Party Payer and the Client irrevocably authorise Salt Recovery to pay the Service Fees and any other Fees owing to Salt Recovery pursuant to these Terms and Conditions from the Holding Bond if sufficient funds to cover such Fees are not otherwise paid to Salt Recovery at the time the Service Fees or other Fees become due and payable pursuant to these Terms and Conditions.

13. CANCELLATION FOR BREACH BY CLIENT OR THIRD-PARTY PAYER

13.1. Salt Recovery may amend, suspend or cancel any Service at any time where:

(1) The Client or the Third Party Payer breach these Terms and Conditions;

(2) The Client engages in violent, dangerous or disruptive behaviour during their program with Salt Recovery; or

(3) The Client engages in illegal behaviour during their program with Salt Recovery.

13.2. If Salt Recovery cancels any Service pursuant to this clause 13, Salt Recovery will charge a cancellation fee equal to:(1) 100% of the Fixed Fees incurred; plus

(2) The Daily Fees for the number of Days of the program attended; plus

(3) For a Residential Program, the Daily Fees for the remaining number of Days that were not attended in their Residential Program, up to a maximum of 35 Days of that Residential Program to be calculated on a pro-rata basis.

14. CHECK IN AND CHECK OUT

14.1. The Check In Time is the Check In Time specified in writing in the reservation confirmation.

14.2. The Client must Check In with Salt Recovery at the Check In Time on the Check In Date.

14.3. The Client authorises and agrees to Salt Recovery staff searching the Clients belongings upon Check In.

14.4. The Check Out Time is the Check Out Time specified in writing in the reservation confirmation.

14.5. Upon Check Out, the Client must return to Salt Recovery any and all keys provided by Salt Recovery. If the Client does not return a key to Salt Recovery upon Check Out, the Client must pay a Fee to replace the key, and any locks associated with the key.

14.6. The Client must Check Out at the Check Out Time on the Check Out Day. Failure to check out by the Check Out Time on the Check Out Day may result in additional Fees being charged to The Client. The Client agrees to pay these fees.

15. FACILITIES AND SERVICES

15.1. Advertisements of Salt Recovery’s accommodation or facilities may not apply to all accommodation facilities, and are subject to change based on availability and facility improvements.

15.2. Whilst care is taken to ensure that the description of Salt Recovery accommodation, facilities and Services is accurate, these are continually being changed, upgraded, and, on occasion, taken out of service.

15.3. To the full extent permitted by law, Salt Recovery is not liable for omissions, errors or changes to its accommodation, facilities and Services, whether temporary or permanent and whether before or after execution of these Terms and Conditions.

16. CHANGE OF PRACTITIONERS

16.1. While Salt Recovery endeavours to maintain consistency, any indication that a specific psychiatrist, psychologist, or another practitioner will be the Client’s treating practitioner is not a guarantee. Salt Recovery reserves the right to assign any qualified professional to treat the Client, ensuring the best possible care throughout the Service.

17. THIRD PARTY SERVICES17.1. Salt Recovery is not liable for a third party’s failure to provide any product or service, including in circumstances where Salt Recovery has indicated the product or service of the Third Party is included in the Service.

17.2. Salt Recovery does not warrant the accuracy of any advice or information provided by or statement or representation made by third parties and is not liable for any act or omission, default or negligence of any third party.

18. MEDICATION

18.1. All prescription medication and supplements required by the Client during a Residential Program must be supplied to Salt Recovery by the Client.

18.2. Upon Check-In, Salt Recovery staff will collect and retain all medication, supplements, and any other substances Salt Recovery deems necessary to collect which are in the Client’s possession.

18.3. All medication and supplements collected by Salt Recovery staff will be stored securely and provided to the Client for self-administration in accordance with medical advice.

18.4. Salt Recovery will not allow access to any medication, supplement or substance for administration in contravention of medical advice.

18.5. The Client represents and warrants to Salt Recovery that all of the Client’s medication, supplements and substances provided to or collected by Salt Recovery is:

(1) If prescription medication, prescribed to the Client (and marked accordingly);

(2) Within its used-by date;

(3) Suitable for use by the Client in accordance with medical advice; and

(4) Legal in the state of Queensland.

18.6. Any medication or supplements collected by Salt Recovery that are no longer required by The Client will be disposed of unless specifically requested by The Client to be returned.

18.7. Any medication, supplement or substance collected by Salt Recovery will only be returned to the Client upon Check Out at the sole discretion of Salt Recovery.

19. DANGEROUS OBJECTS

19.1. Upon Check In, Salt Recovery staff will search the belongings of The Client and will collect and retain any object Salt Recovery staff deem at their sole discretion to be offensive, inappropriate, illegal or dangerous.

19.2. Any item collected by Salt Recovery staff which is not illegal will be returned to The Client upon Check Out if Salt Recovery staff determine at Salt Recovery sole discretion that it is appropriate to do so. 19.3. If Salt Recovery determines that it is not appropriate to return any collected item to the Client, Salt Recovery will return the item (if it is not illegal) to the Client’s nominated next of kin.

20. HOSPITAL ADMISSION

20.1. In certain circumstances, for the Client’s safety, Salt Recovery staff may deem it necessary to facilitate the Client’s admission to hospital.

20.2. Any Fees or expenses incurred in connection with the Client attending or being admitted to hospital, or in connection with any attempt to admit the Client to hospital, must be paid by the Client.

21. AFTERCARE

21.1. If Salt Recovery agrees to provide the Client with an Aftercare Program, the Aftercare Program will commence on the date specified in writing by Salt Recovery.

21.2. If a Client fails to contact Salt Recovery within 3 Months following the commencement of the Aftercare Program, Salt Recovery may in its absolute discretion cancel that Aftercare Program in its entirety and charge a cancellation fee equal to:

(1) 100% of the Fixed Fees incurred; plus

(2) 100% of the Daily Fee for that Aftercare Program up to a maximum of Aftercare

Sessions scheduled by Salt Recovery to occur within 35 Days following the cancellation.

21.3. If an Aftercare Session is cancelled within three (3) Business Days prior to the Date that Aftercare Session is scheduled or a client fails to attend an Aftercare Session:

(1) Salt Recovery will charge a cancellation fee equal to 100% of the Daily Fees for the Session; and

(2) That Session will not be rescheduled and is forfeited.

21.4. If a Client fails to attend three (3) Sessions of a particular Aftercare Program, Salt Recovery may, in its absolute discretion, cancel that Aftercare Program in its entirety and charge a cancellation fee equal to:

(1) 100% of the Fixed Fees incurred; plus

(2) 100% of the Daily Fee for that Aftercare Program up to a maximum of Aftercare Sessions scheduled by Salt Recovery that occur within 35 Days following the cancellation.

22. RELEASE AND INDEMNITY

22.1. Salt Recovery is not responsible for any loss or damage to any of the Client’s personal belongings or any items the Client brings to Salt Recovery facility. 22.2. To the full extent permitted by law, The client agrees to release and hold harmless Salt Recovery and its current and former officers, employees and agents against and from all expenses, costs, liabilities, actions, claims and losses of any kind whatsoever (including consequential and economic loss, property loss/damage and damage for injury, including personal injury and death) arising out of, caused by, attributable to or resulting from the Client’s reservation or the Services for any reason whatsoever.

22.3. The Client agrees to indemnify Salt Recovery and its current and former officers, employees and agents for all expenses, costs, liabilities, actions, claims and losses of any kind whatsoever (including consequential and economic losses, property loss or damage and damage for injury, including personal injury and death) incurred or suffered by Salt Recovery or its current or former officers, employees or agents arising out of, caused by, attributable to or resulting from the Clients actions.

22.4. The Client agrees to indemnify Salt Recovery for any damage caused by The Client to Salt Recovery’s property.

23. USE OF INFORMATION

23.1. The Client agrees to Salt Recovery using their personal information in accordance with the Privacy Act 1988.

24. CONFIDENTIALITY

24.1. Other than as permitted under these Terms and Conditions, the parties must keep confidential:

(1) All matters, negotiations or discussions whatsoever relating to these Terms and Conditions and the reason or reasons for these Terms and Conditions; and

(2) The terms of these Terms and Conditions, other than as may be necessary to disclose to their legal or accounting advisors or as they may be obliged to

disclose by law.

25. DISPUTE RESOLUTION

25.1. If any dispute or claim arises in relation to the Services to be provided or provided under this agreement, including any question about performance or termination or the rights, duties and liabilities of any Party to it, (“Dispute”), the Dispute must be resolved in accordance with this clause.

25.2. Before commencing any other legal proceedings or processes, other than a claim for injunctive relief, a Party must first submit the Dispute to mediation.

25.3. A Party wishing to raise a Dispute must give the other Party a written notice of the Dispute, carefully consider its contents, and to obtain advice on the matters in these Terms and Conditions; and

25.4. These Terms and Conditions terminate and supersede any prior oral or written agreements between the parties and constitutes an entire understanding and agreement between them in respect of its subject matter.

26. SEVERABILITY

26.1. If anything in these Terms and Conditions is unenforceable, illegal or void, then it is severed, and the rest of these Terms and Conditions remain in force.

27. WAIVER

27.1. A party’s failure or delay to exercise a power or right does not operate as a waiver of that power or right.

27.2. The exercise of a power or right does not preclude either its exercise in the future or the exercise of any other power or right.

27.3. A waiver is not effective unless it is in writing.

27.4. Waiver of a power or right is effective only in respect of the specific instance to which it relates and for the specific purpose for which it is given.

28. GOVERNING LAW AND JURISDICTION

28.1. The law of Queensland governs these Terms and Conditions.

28.2. The parties submit to the non-exclusive jurisdiction of the courts of Queensland and the Federal Court of Australia.

28.3. Nothing in these Terms and Conditions affect any rights the Client may have which by law cannot be excluded, including under the Competitions and Consumer Act

2010 (Cth) and under State and Territory consumer protection legislation