Terms of Service
Last Updated: 9/25/2025
1. Introduction
Welcome to Fresh Start of California (“we,” “us,” or “our”). These Terms of Service (“Terms”) govern your use of our services, including detoxification, residential treatment, counseling, and related support services (collectively, the “Services”). By enrolling or participating in our Services, you (“you,” “client,” or “patient”) agree to these Terms. If you do not agree, you must not use or engage with our Services.
2. Scope of Services
We provide medical detoxification, residential treatment, therapy, counseling, aftercare planning, and related services aimed at treating substance use disorders and co‑occurring mental health conditions. We will assess your individual needs and develop a customized treatment plan.
We reserve the right to modify, suspend, or discontinue any part of the Services at any time, with or without notice, to the extent permitted by applicable law.
3. Eligibility & Admission
- 18+ you must provide truthful, accurate, and complete information about your health, substance use history, medical conditions, medications, and mental health status.
- You consent to undergo assessments, screenings, and medical evaluations as required.
- We reserve the right to refuse admission or discontinue Services if we determine, in our clinical judgment, that we cannot safely or effectively provide care to you (for example, due to medical condition, risk factors, or facilities limitations).
4. Client Responsibilities & Code of Conduct
As a client, you agree to:
- Follow treatment plans, facility rules, schedules, and safety protocols.
- Be respectful to staff and other clients; harassment, violence, or abusive behavior is prohibited.
- Abstain from bringing prohibited items (e.g., illegal drugs, weapons) into facility premises.
- Participate in required therapy, medical, or support sessions, unless excused by clinical staff.
- Notify staff of changes to your medical condition, medications, or health status.
- Comply with any drug or alcohol screening or testing protocols as directed.
Failure to comply may result in discharge from the program or other remedial action.
5. Fees, Payment, & Insurance
- You agree to pay all applicable fees for the Services, whether through insurance, third‑party payers, or direct payment.
- We will assist you in verifying insurance benefits, but the responsibility for accurate information and payment ultimately lies with you.
- If your insurance denies coverage or partial coverage, you agree to pay the outstanding balance.
- Late payments may incur interest or administrative fees, as permitted by law.
- We reserve the right to suspend or terminate Services if payment obligations are not met, to the extent allowed by law and clinical necessity.
6. Consent & Authorization
- You provide consent for us to deliver clinical, medical, psychiatric, and counseling services as appropriate.
- You authorize our staff to communicate and coordinate with third parties (e.g., other medical providers, your insurer) to the extent necessary for treatment, billing, or as required by law (subject to privacy protections).
- You acknowledge that treatment for substance use disorders includes risks, benefits, and alternatives; you agree to discuss these with your clinician and ask questions.
- You understand that no guarantee or promise of results (e.g. total abstinence) is made.
7. Privacy, Confidentiality & Data Use
- We comply with applicable laws (“Protected Health Information” laws, HIPAA, 42 C.F.R. Part 2, and California privacy laws).
- Information you provide, records, and communications are confidential and will be disclosed only with your consent, or as permitted or required by law (e.g. threat of harm to self or others, required reporting, court orders).
- Our Privacy Policy (separate document) explains in detail what PHI we collect, how we use it, how it may be shared, and your rights regarding it.
8. Communications & SMS / Text Messaging
By providing your mobile number, you consent to receive occasional SMS/MMS messages (e.g. appointment reminders, program updates). You may opt out by texting STOP, or get help with HELP, as detailed in our SMS Terms. Message frequency and carrier data rates will be disclosed. We may change or discontinue messaging practices at our discretion.
9. Discharge, Termination, & Aftercare
- You may be discharged upon completion of the program, mutual agreement, or for cause (e.g. violation of rules, clinical decision).
- We will provide you with a discharge plan or aftercare recommendations.
- You may be asked to participate in follow-up or outcome monitoring, but you are not obligated beyond your stay unless you expressly consent.
10. Risks, Limitation of Liability & Indemnification
- You understand that participation in treatment carries risks (medical, emotional). You accept those risks and agree to raise any concerns with your clinical team immediately.
- To the fullest extent permitted by law, we (and our staff, agents, contractors) are not liable for indirect, incidental, special, or consequential damages arising from your participation.
- You agree to indemnify, defend, and hold harmless Fresh Start of California and its affiliates from claims arising out of your actions or omissions during your time in the program, except to the extent caused by our gross negligence or willful misconduct.
11. Intellectual Property & Materials
All content, materials, and proprietary information (e.g. educational modules, handouts) provided by us remain our intellectual property or the property of licensors. You may use them only as permitted (for your personal treatment) and may not copy, distribute, republish, or commercialize them without authorization.
12. Modifications to Terms
We may modify or update these Terms from time to time. We will post the revised Terms and indicate the “Last Updated” date. Continued participation after revision constitutes your acceptance of the updated Terms.
13. Governing Law & Dispute Resolution
These Terms are governed by the laws of the State of California, excluding its conflict-of-law provisions. Any dispute shall be resolved in the state or federal courts sitting in Orange County, California (or another venue agreed upon). You waive any objection to jurisdiction or venue there.
14. Severability & Waiver
If any provision of these Terms is held unlawful or unenforceable, the rest of the Terms remain in effect. Our failure to enforce any right is not a waiver of that right.
15. Miscellaneous
- You may not assign your rights or obligations under these Terms without our written consent.
- These Terms, along with related documents (Privacy Policy, SMS Terms, admissions agreement, consent forms) constitute the entire agreement between you and us regarding the Services.
- Headings are for convenience only and do not affect interpretation.