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aspiro wilderness

(a.k.a. vantage point, kairos young adult program)

in

riverton, utah

 

(For more staff and background information, click here.)

 

Aspiro uses the same "Positive Control Systems" as Eagle Ranch Academy and WWASPS!

 

HEAL received an Aspiro, Inc. contract and we have copied it below with additional information on the terms explained. We have blocked only identifying information at the request of the party who made the submission.

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.

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!

 

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