The Community, Amendments, and Dispute Resolution

 

The Believe community is a group of individuals, entities, families, and others who accept the above principles and who work to change the world, for good. All activities, events, or pursuits in the Believe community are pursued by Believers, not the community itself.

 

This means that each project, pursuit, or endeavor has an individual, a group of individuals, or an entity who is responsible for it. These responsible parties are Members of the community, but are not the community itself. Community Members may choose to set requirements for participating in their efforts or endeavors, and may include others from outside of the community. To strengthen the community, all Believers agree to address any disputes with other Believers in private or in mediation or arbitration within the community, pursuant to mediation and arbitration rules promulgated by the Board of Believe Information Solutions, Inc.

 

Believe Information Solutions, Inc. is an entity owned by a trust set up to help maintain the Believe community. This entity does not have individual owners, but is authorized to process and handle necessary payments and to approve the use of the name and likeness ‘Believe’ by other Believers. The entity also operates a number of the Believe initiatives and projects. This document may be amended and updated from time-to-time by the Board of Believe, who currently consist of members of the Board of Believe Information Solutions, Inc. but who may consist of other Believers at a time when the community has expanded to a sufficient level to operate without the Board of Believe Information Solutions, Inc. (“Board”). The Board may, by majority vote, amend this Agreement from time-to-time. No amendments may be applied retroactively, but amendments will be considered binding upon a Member once the amendments are posted on the Community’s website upon the earlier of the Member 1) paying a contribution or membership fee to the Community, 2) participating in an educational or other activity, group meeting, or other event 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 consent to the jurisdiction of the Community to resolve all non-criminal 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 continuing as a Member of the Community after a complaint resolution has been issued by the Board, a Member consents to the Board’s resolution of the complaint.

 

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 arbitrators or other professionals as necessary to conduct investigations, hearings, or other resolution procedures, and may consult with legal professionals regarding the complaints. All such associated costs 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.

 

Applicable Law

 

This Agreement is governed by the natural law, common law, the U.S. and Utah Constitutions, and the laws of the State of Utah, without regard to the associated conflicts of laws principles. If, for some reason, a dispute cannot be appropriately resolved 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 all Members have agreed is the appropriate method of resolving such lawsuits), 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.

 

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.

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No Guarantee

 

The Community does not warrant or guarantee any set outcome, level of education, level of freedom, 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 they want to achieve, and each parent accepts full responsibility to provide the education they feel is necessary for their 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 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 willful or intentional misconduct or criminal conduct. Specifically, Members waive claims against other Members for actions arising in negligence or other unintentional torts that are related in any way to matters that individual Members assumed individual responsibility for under this Agreement or under the shared beliefs above.

 

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 their children. In particular, Members agree to maintain proper insurance for any and all accidents that may arise and for other health options, based on what each Member feels is necessary for them and their child(ren). The Community cannot assume the cost of insuring against 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 they contribute to the well-being of the Community by maintaining the responsibility to insure or pay for their 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 child(ren) may need. The Community does not administer medications or enforce any particular health practices among the other Members who attend in the Community as the Community does not serve as a police or health officer. While Members of the Community will work to identify and help avoid serious bullying, the Community also cannot guarantee that there will be no situations that arise that a Member will need to address with their 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. Members agree to help address behavior or other issues that arise with the Member’s child that are raised or discussed with a Member. Each Member acknowledges the importance of helping their child learn to work with others, respect those teaching them, and respect those they learn with each day.

 

Parent Members also agree that any education provided within the Community does not satisfy any compulsory education requirements and parents agree to assume full responsibility for compliance with compulsory education laws, whether through home educating their child(ren) or placing them in schools or academies that satisfy such requirements.

 

Release of Claims Related to Children in the Community

 

Based on the above, and in consideration of having a child or children participate in the Community, each Member agrees to release, indemnify, and hold harmless the Community and any of their Members, managers, officers, contractors, tutors, curriculum developers, and agents, and all others with whom they work, from any and all consequences, damages, claims, issues, losses, expenses, costs, or other problems that may follow, relate to, or be associated with the Member’s child’s participation with the Community in any way (“Claim” or “Claims”), regardless of the cause or source of the Claim and regardless of whether the Claim is foreseeable or not, and whether it arises in negligence, tort, contract, equity, or otherwise. Each Member agrees that other Community Members may call an ambulance or other emergency personnel if it appears necessary for the health or safety of a Member or a Member’s child, and the Member or child’s parent agrees to pay for all costs and expenses associated with the emergency response.

 

Parental Indemnification for a Child’s Claims

 

To the extent Utah law requires a waiver after a claim has arisen, or otherwise does not recognize the release above for Claims accruing to a minor, and pursuant to the parent’s agreement to provide for their own children, each Member agrees to indemnify and hold harmless the Community and any of its other Members, managers, officers, contractors, tutors, curriculum developers, and agents, and all others with whom they work, from any and all Claims that may arise as a result of a Member’s child’s actions, accidents, or participation with the Community, including without limitation if a Member’s child causes harm to another child or if a Claim arises in negligence.

 

Members agree that the Community does not guarantee a particular success or level of achievement for a child, and Members are not relying on any representations or guaranties not provided in this document in making their decision to have their child participate with or in the Community. 

 

Due to the above, each parent Member, as a contribution to the Community, agrees to be responsible for indemnifying the Community from any and all claims that arise against the Community based on the Member’s child participation in the Community. Members agree that their recourse for any Claims not released above is against the other Member(s) responsible for causing the claim to arise, and not against the Community.

 

Legal Miscellaneous

 

If any portion of this document is unenforceable for any reason, such unenforceable provision(s) may be severed from this document and the remaining provisions still fully enforced. This document 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 document. This document constitutes the full agreement between the Members, superseding and replacing any prior agreements or understandings, and there are no oral or other side agreements between the Community, Members, and Member signing below. The Member signing below is under no duress or coercion to sign this document 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.

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By purchasing or requesting a membership with Believe, you agree to the terms and conditions of this Agreement, as well as affirming that you believe in and desire to live by the principles set forth in this Agreement.