Terms & Conditions
1 – Parties
This Program Agreement is a binding legal agreement between the Resident (named below), the Person Responsible for Payment (named below, if different from the Resident) and Byron Private Pty Limited (referred to as “Byron Private”).
2 – Acceptance of these Terms and Conditions
2.1 Agreement Structure
This Program Agreement, together with any written quotation (together, the Agreement), forms a legally binding contract upon acceptance in accordance with this clause.
2.2 Acceptance
By signing the Agreement, the Resident and the Person Responsible for Payment acknowledge that they have read and understood the Agreement, agree to be bound by its terms, and agree to make all payments in accordance with the Agreement.
2.3 Binding Effect
Upon signatureby the Resident and/or the Person Responsible for Payment, the Agreement is enforceable against the Resident and the Person Responsible for Payment, jointly and severally.
2.4 Acceptance by the Person Responsible for Payment
If a booking, arrival or reservation is made by the Person Responsible for Payment on behalf of the Resident, the Person Responsible for Payment is deemed to have accepted the Agreement on behalf of the Resident and warrants that they have authority to do so.
2.5 No Tenancy or Interest in Land
The Agreement does not constitute a lease, sublease, licence or any interest in land. Nothing in the Agreement grants the Resident any tenancy or proprietary rights in Byron Private’s premises.
2.6 Excluded Costs
Unless expressly included in writing, treatment fees do not include personal items or personal recreational activities; hospital, ambulance or external medical fees; transfer or transport costs outside agreed inclusions; or any other services or expenses not expressly stated as included.
3 – Payment Terms
3.1 Non-Refundable Fees
Except where required by law, all fees paid or payable under the Agreement are non-refundable. Without limiting this, all deposits are strictly non-refundable, and once any portion of the Treatment Plan has commenced, no refund will be provided for any unused or uncompleted portion of the treatment, regardless of the reason for non-completion. This clause applies to cancellations, early exit, refusal of arrival, program suspension, or termination for any reason whatsoever, including voluntary departure, breach of rules or clinical discharge.
3.2 Deposit
A non-refundable Deposit equivalent to the first seven (7) days of treatment is requied to secure a booking. If the Services are cancelled or amended for any reason after the Deposit has been paid, the Deposit will not be refunded and will be retained by Byron Private.
3.3 Balance of Fees
The full balance of Treatment Plan Costs must be paid to Byron Private three business days prior to arrival. If the Treatment Plan Costs are not paid in accordance with these Terms and Conditions, the non-payment by the Resident or the Person Responisble for Payment will be deemed to be a cancellation by the Resident and the clauses regarding cancellation apply.
4 – Early Exit and Cancellation
4.1 If the Resident’s stay is cancelled, delayed, suspended or terminated for any reason, including voluntary or early exit, refusal of arrival, breach of rules or clinical discharge, all fees paid or payable are non-refundable except where required by law or when reviewed by Byron Private management.
4.2 If the Resident commences the Treatment Plan but cancels or ceases attending for any reason after commencement, no refund will be provided for the days attended or for the remaining days of the Treatment Plan that were not attended.
4.3 If the Resident requests an early exit, Byron Private will make reasonable efforts to support continuation of treatment and will notify next of kin and/or the Person Responsible for Payment where authorised. Where Byron Private considers the Resident unsafe to release, medical advice will be sought and care may be transferred to medical, ambulance or police services.
By accepting this quote, you acknowledge that you have read and agree to all Terms and Conditions set out in the Byron Private Program Agreement.
5 – Further Terms and Conditions
5.1 Accommodation is twin share (gender specific) unless otherwise organised which incurs an additional cost.
5.2 If any or all your treatment at Byron Private is interrupted due to COVID-19, you will be entitled to receive the postponed portion of your treatment at a mutually agreeable alternative date. This will not result in a refund.
5.3 During the Resident’s stay, some family members may be requested to join the resident in a family therapy session or program. If the program offered is delivered onsite, family members’ travel and accommodation are to be arranged by themselves and the cost is not included in the Treatment Plan costs.
5.4 Byron Private makes no representation that its fees are reimbursable by a health fund, and you should make your own investigations about what you can receive in this regard.
5.5 Any additional costs incurred are the Resident’s and/or the Person Responsible for Payment’s responsibility and must be paid prior to exiting the program.
6 – Release and Indemnity
To the fullest extent permitted by law, the Resident and the Person Responsible for Payment release and hold harmless Byron Private and its current and former directors, officers, employees, contractors, consultants, and agents from and against any and all claims, demands, losses, damages, liabilities, costs, and expenses of any kind whatsoever (including consequential loss, economic loss, property damage, personal injury, or death) arising out of or in connection with:
– the Resident’s participation in, attendance at, or withdrawal from the program;
– any Services provided or not provided under this Agreement; or
– any act or omission of the Resident
except to the extent caused by the proven negligence or willful misconduct of Byron Private. The Resident and the Person Responsible for Payment indemnify Byron Private against any loss, damage, cost, or liability suffered or incurred by Byron Private arising from the Resident’s actions, behaviour, or breach of this Agreement.
7 – Confidentiality
This Program Agreement is strictly confidential.
8 – Dispute Resolution
If a dispute arises in connection with this Agreement or the Services (Dispute), a party must give written notice to the other party setting out the nature of the Dispute. The parties must use reasonable endeavours to resolve the Dispute in good faith within twenty (20) business days of the notice being given. If the Dispute is not resolved within that period, the parties agree to attempt to resolve the Dispute by mediation before commencing court proceedings, unless urgent injunctive or interlocutory relief is sought. The mediation is to be conducted in New South Wales by a mediator agreed between the parties, or failing agreement, appointed by the President of the Law Society of New South Wales.
9 – Governing Law and Jurisdiction
This Agreement is governed by the laws of New South Wales, Australia. The parties submit to the non-exclusive jurisdiction of the courts of New South Wales and the Federal Court of Australia.