6. Community Structure
The Board may appoint one or more entities to receive membership dues and handle finances for the Community, including by paying expenses, taxes, and other items out of the income received.
Additionally, Members of the Community should view themselves as producers and needing to be a productive Member of the Community. Members remain free to structure private transactions with other Members. If a Member makes a payment to an individual or entity in the Community, the Community is not obligated to ensure that each Member fulfills the Member's commitments to other Members as each transaction between Members is a separate transaction that does not receive individual oversight by the Community. In other words, Members agree to ensure that they have appropriately reviewed any transactions with other Members prior to undertaking such transactions.
The Community is not responsible to insure or guarantee that every Member fulfills all of his contracts or obligations he agrees to undertake. Notwithstanding this, the Community may review transactions, situations, or interactions to determine if Members are complying with this Agreement in their interactions with each other or to resolve disputes pursuant to the dispute resolution procedures contained in this Agreement.
The Community is governed by a Board that conducts all affairs for the Community and appoints officers. Currently, while the Community is growing and establishing itself, Members do not vote on Community leadership. However, the Board may approve bylaws or other procedures for appointing officers and additional individuals to serve in leadership roles.
Members recognize and agree that Board members may serve on the Board for a fairly short to an extended period of time, potentially many years. The Board reserves the right to appoint other Board members and may set term limits for Board member service. The Board may remove Board members in the event a Board member leaves the Community at any time or is no longer an appropriate fit for the Board.
7. Governance
The Board is authorized to conduct all Community matters and to appoint officers, such as a Community Chair, Community Treasurer, Community Assistant, and other offices as the Board may determine appropriate from time-to-time ("Community Officer"). All Board decisions must be by majority vote of Board members unless otherwise specified in Board policies or procedures established by the Board. The Community shall maintain a list of Board members, and the Board may appoint other individuals to serve on the Board as well at any time and for any duration. A decision to add a Board seat must be made by a majority of the then constituted Board. A Community Officer shall be appointed to provide notice to the Board members in advance of Board meetings. Notice requirements are established in Board policies, with a minimum of seven days for regular meetings. The Board may appoint one or more entities to serve in the role of receiving and reporting membership fees and other funds or assets transferred to the Community. Such entities will act as an agent for the Community for the limited purpose of holding funds or assets for the Community and reporting and expending such funds for Community purposes, as directed by the Board or the officers appointed by the Board. The Board may change or replace such appointed entities at any time.
The Board is also authorized to remove Board members who cease contributing, who pass away, or who are no longer an appropriate fit for the Board. The Board may set time limits for how long a Board member may serve, and Board members may be appointed for different lengths of time.
The Board may also create and establish advisory or sub-committees from time-to-time. The members of any advisory or sub-committee must also be a Member of the Community but may consist of Board members as well as non-Board members. Advisory committees may not exercise the authority of the Board to make decisions on behalf of the Community, but shall be limited to making recommendations to the Board or the Board's authorized representatives and to implementing Board decisions and policies. Advisory committees are subject to the supervision and control of the Board, and may include committees such as Business, Agricultural, and Member advisory committees. Subcommittees may be delegated Board authority to make decisions for the Community, subject to veto power of the Board.
Members within the Community are responsible to govern their own affairs, and the Community's main purpose is not to direct individual choices. The Community's purpose is to create a network and structure for Members to interact within, and if a Member does not approve of a network or structure or set of expectations, the Member is always free to conduct transactions outside of the Community. No Member is obligated to solely interact with the Community and its other Members and may have other businesses, practices, or pursuits outside of the Community.
The Board will provide a method for Members to submit requests, complaints, inquiries, or other concerns to the Board. The Board will provide a method to allow Members to appear before the Board (whether in person or electronically) so that Members can address their concerns, and such appearances may be limited to times when there are Board meetings that are open to the Members to attend. The Board may set dates and times for Members to appear, and the Board is not required to set meetings at specific times to accommodate Members' schedules. The Board will listen to items presented and issue a response within a reasonable timeframe.
The Board may contract with one or more entities for management and other services for the Community, and the Board may delegate any responsibilities or duties it deems necessary to such contracted entities.
8. Constitutional Rights
The Community and its Members assert their State and Federal Constitutional rights that the right of association and the right to self-regulate with private transactions and in private communities are fundamental rights protected as a constitutional right and left to the people. Further, the Community and its Members assert their State and Federal Constitutional rights to freely assemble and associate, to privately contract with each other, to speak without abridgement by the government, to live according to their beliefs about what is best for them, to direct and control that which they have ownership or other protected interests in, to be free of the control of power or authority outside the person or family that attempts to control health or healing decisions, to make their own health and healing decisions for themselves and for others, to make decisions on health and healings choices for themselves and their children based on beliefs related to the Community or based on other spiritual, personal, or emotional factors, to regulate their own private affairs and choices, to not be required to police the health or conduct of others, to allow other Members to follow the dictates of his conscience and beliefs in accordance with the shared vision and beliefs, and to otherwise interact in an association, community, or group of individuals who share a vision and beliefs.
Community Members fully believe that these rights are a fundamental constitutional right safeguarded in the various applicable constitutions that govern a Member, including in declarations within such constitutions that there are other, unenumerated rights retained by the people. Community Members fully believe that the government should not regulate or interfere in the core functions as parents or individuals electing the manner, form, location, size, or other factors in how themselves and their children's health, education, or life decisions are best served.
Members also fully believe and maintain that the common law and the law of nature both dictate that these educational and health rights are fundamental rights, essential in the fabric of a constitutional republic. Individuals are individual because there is not one option that works for everyone, and there is no form of education or health that is proper for each person. Each individual needs the right and freedom to select for himself how he nourishes and cultivates his body and mind, and the Members in the Community have come together specifically to pursue and create a community focused on their shared vision and beliefs.
9. Complaints and Dispute Resolution
If a Member has a complaint about the Community or another Member, the Member should discuss his concern with the other Member directly. If that does not resolve the problem, each Member agrees to submit his complaint to the Board, or those appointed by the Board for reviewing complaints, for review and consideration. Each Member agrees that, to pursue the Community's full potential, all complaints related to the Community or its Members should be directed to the Board or those appointed by the Board. All complaints must be submitted in the form and manner required by the Board.
Accordingly, all Members agree to process all complaints related to or associated with the Community or disputes between Members in the Community according to the dispute resolution procedures below. However, notwithstanding this section and this Agreement, the Members may refer criminal matters as necessary to the appropriate authorities having jurisdiction over the parties involved.
All Members consent to the jurisdiction of the Community to resolve all civil disputes arising between the Members or the Community. Such jurisdiction shall constitute 'arbitration' for purposes of laws that enable such alternative dispute resolution matters. The Community shall review complaints and determine if hearings are necessary or not to resolve the complaint. If necessary, the Board will appoint individuals to review the complaint who are not named in the complaint.
The Board will act within a reasonable time to investigate and review complaints. By being a Member of the Community and participating in its benefits, each Member consents to the complaint resolution that is issued by the Board or those appointed by the Board to resolve complaints. Each Member understands and agrees that he waives the right to a jury trial in a court of law or to have his disputes heard in court as it relates to disputes between Members. Members specifically consent and agree that the resolution to an issue may be docketed and enforced in a court of law under the rules for enforcing arbitration decisions.
The Board may from time-to-time establish rules and procedures for conducting hearings, taking evidence, and otherwise adjudicating complaints or disputes between Members. At the conclusion of a hearing or other action on a complaint, the Board will also indicate the party responsible for the costs of the hearing, investigation, or other work conducted to resolve the complaint. The Board may also indicate that the Community will cover the costs or that parties are required to contribute to the costs. The Board may hire or appoint arbitrators or other professionals as necessary to conduct investigations, hearings, or other resolution procedures, and may consult with legal professionals regarding the complaints. The Board may also choose to convene a jury of the Members to be involved with making determinations in dispute resolution proceedings. The Board may issue rules and procedures that govern the dispute resolution proceedings within the Community.
All costs associated with the dispute resolution proceedings may be assigned to parties involved in a dispute, and such assignment of costs will generally follow the party or parties at fault in a matter, unless there is good cause to assign costs otherwise. If a Member refuses to participate in arbitration, the arbitrator may enter default and a judgment or order against the non-participating Member after the arbitrator has listened to the facts of the situation (as presented by the participating Member(s)), but only to the extent the arbitrator feels that such facts presented warrant the default and judgment or order entered.
10. Amendments
The Board may, by two-thirds vote, amend this Agreement from time-to-time. No amendments to this Agreement may be applied retroactively, but amendments to this Agreement or documents or rules established by the Community will be considered binding upon a Member once the amendments are posted on the Community's website or designated forum for transmitting messages upon the earlier of the Member 1) paying a contribution or membership fee to the Community after the notice is posted, 2) participating in an educational activity or program, such as a Community Meeting, with the Community, 3) receiving or providing services to or from other Members in the Community, or 4) otherwise agreeing to the amendments.
All Members recognize and agree that it is their intent that the Community grow and change over time. Situations, society, culture, and technology are all changing at a rapid pace, and all Members anticipate that the structure, offerings, and details associated with the Community may need to change and adapt over time. Accordingly, all Members agree that they have no vested or ongoing interest in the Community remaining in a certain form or condition, and that they expect the Community to change and adapt as it works to achieve the vision and beliefs of the Members, so long as it adheres to its values and beliefs that define it.
Notwithstanding this, the Board may amend or update the values and beliefs of the Community if two-thirds of the Board approves the updates or changes to the values or beliefs of the Community. Members will be provided with at least 90 days' notice of any changes to values or beliefs before such changes can take place.
11. Governing Law
This Agreement is governed by the natural law, common law, the U.S. and State Constitutions where the Member resides, and for contractual disputes, arbitration, and other matters governing the interpretation of this Agreement or the rights of the Members within the Community, pursuant to the laws of the State of Utah, without regard to the associated conflicts of laws principles. If, for some reason, a dispute cannot be resolved within the Community pursuant to the Community's arbitration rules and litigation ensues, all Members agree that they must first submit their disputes to mediation. If mediation is unsuccessful and a court does not remand the lawsuit to the Community for arbitration as directed by this Agreement, then the Members agree that all disputes shall only be submitted in a court located in or serving Utah County, Utah, and all Members submit to the jurisdiction of such court and waive any defenses based on venue and agree that all actions should be transferred to such courts. Notwithstanding the above, each Member affirms his intention that this Agreement and the dispute resolution provisions stated above govern all disputes between them that arise during their time as members of the Community, whether the disputes are brought before or after a Member leaves the Community. The Members intend for this provision to apply even if they later stop sharing in the values or beliefs of the Community.
12. Privacy
The Community does not transfer or sell personal information to third-parties outside of the Community. Members within the Community may have access to some information about other Members, especially when a Member offers or provides services or provides or receives educational opportunities from other Members. The Community is not responsible to control the sharing of information between Members, but Members do commit to respect the privacy of other Members within the Community, and failure to do so by a Member may result in expulsion from the Community.
Further, the Community will strive to protect the confidentiality of the Members who join the Community from those outside of the Community, but Members authorize the Community to share information from time-to-time online, such as pictures of Members at Community gatherings. All Members grant the Community a release to post pictures of events, including without limitation Community Meetings, and those in attendance, including without limitation of themselves or their child(ren). All Members recognize and agree, however, that the government may, at times, compel an association or community to disclose Member lists or other information about Members. While associations and communities may, at times, successfully defend against certain disclosure situations, courts have compelled various groups and associations to provide a list of their members, even though constitutional and other rights may have been violated by such disclosure.
Accordingly, all Members fully release the Community from any liability associated with compelled disclosure of information. All Members agree that the Community is not obligated to keep any Members' conduct confidential from appropriate or compelled government reviews and that the Community may respond as appropriate or necessary to government inquiries or demands.
Members agree to not voluntarily disclose to those outside the Community the identity, address, or contact information of individuals providing services, assets, locations, or other items to the Community unless such is necessary or appropriate as part of any criminal investigation.
13. Indemnification and Release
Responsibility for Own Actions
Each Member agrees to behave responsibly when interacting with the Community and the other Members and to be responsible for the Member's own behavior. Accordingly, each Member agrees to indemnify and hold harmless the Community and its other Members from conduct or wrongdoing (including without limitation negligence, reckless behavior, willful misconduct, criminal actions, actions that breach agreements, or actions that otherwise violate the law) of the Member that harms or causes liability to accrue to the Community or its other Members. Such obligations extend to indemnifying defense costs for the Community and its other Members for claims arising from the conduct or wrongdoing of the Member or the Member's child(ren).
No Guarantee
The Community does not warrant or guarantee any set outcome, level of education, level of freedom or liberty, level of health or healing, or other particular result associated with joining the Community. Each Member accepts full responsibility to work and contribute to any outcome, level of education, level of freedom, or other particular result that he wants to achieve, and each parent accepts full responsibility to provide for what he feels is necessary for his children. The Community believes that by working together, more can happen and better results can occur, but such belief does not guarantee any particular results.
Release of Community & Release of Certain Claims Against Other Members
As Members have agreed to be responsible for their own conduct and acknowledge that the Community does not warrant or guarantee any particular results or outcomes, each Member releases and discharges the Community from any and all claims and liability associated with conducting the Community Meetings, operations, activities, and events of the Community. In particular, each Member agrees to contribute to the Community by being responsible for the Member's own conduct. Each Member releases the Community of any legal or other liability, and each Member agrees to not pursue claims or actions against other Members unless such claims or actions arise from breach of contract between the Members, willful or intentional misconduct, or criminal conduct.
Specifically, Members waive claims against other Members for actions arising in negligence or other unintentional torts. For any items or types of liability that may not be waived related to tort law, the Members agree that the standard of care and duty to any Member or the Member's child(ren) required of any particular Member is simply that of a fellow participant at a public park, where each Member retains the bulk of the duty and care required to protect himself and his own child(ren).
Members agree that for any location at which they gather for events or programs, such as Community Meetings, it is not negligent for the property to not be maintained to commercial standards. Members agree that property they meet at may also have cement, wet surfaces, ice or snow, trees, and other items that have not been fully maintained or that may present a hazard at various times. Notwithstanding this, the Members all agree that they are individually responsible to mitigate any items they may feel pose a concern for them or their child(ren), that they each accept the responsibility to address items or concerns that they have for themselves or their children, and that it is not negligent for any others to not address such items. Members specifically release the property owners or those operating any program or Community Meetings from having any duty to maintain or address any items or hazards on the property they meet at, and agree to accept that responsibility for themselves and their child(ren) (but not for others in the Community). Members further agree that it is not negligent for a property owner or Member to undertake some remedial measures but not all remedial measures associated with a given condition or hazard.
Parental Obligations
The Community does not take the place of a parent and does not assume all potential responsibilities or liabilities associated with a Member's child. Each Member parent agrees to fully provide for the needs of his children. In particular, Members agree to maintain proper insurance or other coverage for medical conditions for any and all accidents that may arise and for other health options, based on what each Member feels is necessary for him and his child(ren). The Community cannot assume the cost of insuring against all accidents, sickness, or other injuries or damages that may arise while a child is participating with the Community, as that would render the Community's efforts far too costly. Each Member agrees that he contributes to the well-being of the Community by maintaining the responsibility to insure or pay for his own child's health and other needs. The Community is not obligated to ensure that any Member parent has obtained any particular level of insurance.
Each Member also agrees to be responsible for all other care the Member's own child(ren) may need. The Community does not enforce any particular health practices among the other Members who attend in the Community as the Community does not serve as a government officer or health officer. While Members of the Community will work to identify and help avoid bullying, the Community also cannot guarantee that there will be no situations that arise that a Member will need to address with his child(ren) to help them through, as children often need guidance from parents on interacting and responding to others in their environment.
Parent Members agree to work closely with the other Members and to inform of issues that come to a Member's attention. Each Member agrees to help address behavior or other issues that arise with the Member's own child(ren) that are raised or discussed with a Member. Each Member acknowledges the importance of helping his child(ren) learn to work with others, respect those teaching them, and respect those they learn with each day. Members agree that it is not negligent for other Members to not mandate masks or other health measures. Specifically, Members agree that each Member accepts full responsibility to take any measures necessary for the health of himself and his children and that others are not responsible to police their health or the health of their children. Members specifically assert their rights to not be conscripted as police officers or enforcers of government laws, regulations, or rules.
14. Legal Miscellaneous
If any portion of this Agreement is unenforceable for any reason, such unenforceable provision(s) may be severed from this Agreement and the remaining provisions still fully enforced. This Agreement binds the Member upon signing to the terms and conditions contained herein, as well to the updates and amendments that may be made to this Agreement. This Agreement constitutes the full agreement between the Community and Member, superseding and replacing any prior agreements or understandings, and there are no oral or other side agreements between the Community and Member signing below. The Member signing below is under no duress or coercion to sign this Agreement and has had opportunity to consult with counsel of the Member's choosing.
The prospective Member signing below represents that the prospective Member has full authority to sign this Agreement and is doing so intending to be a part of the Community with the responsibilities associated with such membership.
15. Interactions with Other Communities
The Community anticipates that other communities will form and exist based on other potential beliefs, values, or principles. The Community specifically allows for subcommunities to be formed within the Community that add additional beliefs, values, or principles to their way of life. These subcommunities may focus on items such as religious freedom, education, Second Amendment rights, or other important rights, or they may revolve around other factors, such as professions or other shared beliefs.
In order to form a subcommunity that exists within TPR, the subcommunity members will also need to be Members of TPR and will need approval from the Board of TPR in order to form as a member of TPR. TPR may provide that a subcommunity's agreement or governing documents alter or amend certain portions of this Agreement as it relates to that subcommunity only. For example, a subcommunity's governing documents may be approved to have their own dispute resolution procedure that supersedes dispute resolution for items that are solely within that subcommunity.
For other communities that exist independent of TPR or its subcommunities, TPR, through its officer(s), may elect to enter into independent agreements with such external communities to help create synergies among private communities. Such agreements though may not supersede or replace any items in this Agreement.