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Columbarium Rules and Conditions

The supervision of the use of and the maintenance of The Linworth United Methodist Church (hereinafter “CHURCH”) Columbarium and the allotment of niches will be the responsibility of the Columbarium Board (hereinafter “BOARD”) or its designee and is governed by the following RULES AND CONDITIONS:

  1. MEMBERS – The Columbarium will be used for the interment of human ashes of members and pastors, former members and pastors, the parent(s) of the member or member’s spouse, the member’s spouse, the pastor’s and former pastor’s spouse, children of the member and/or spouse and, the brothers and sisters of the member and/or member’s spouse (hereinafter “MEMBERS”). The BOARD may approve exceptions, however, any exception made shall not be considered precedent for similar exceptions in the future.

 

  1. MEMBER DESIGNATION – During his/her lifetime, from time to time in writing to BOARD, PURCHASER may change designation of the MEMBERS whose cremated remains may be interred, or PURCHASER may designate another in writing to exercise the right to specify others who may be interred in the niche(s). All references in this document to PURCHASER shall also apply to any such designated successor.
  1. REVERSION – If the remains of MEMBER(S) permitted under the agreement are not interred in the PURCHASER’S niche(s) on or before three (3) years following the death of the designated MEMBERS, the BOARD may, at its option, terminate the PURCHASHER’S Agreement; and all rights of the PURCHASER granted herein shall cease and revert to the BOARD. No refund will be made.

 

  1. URNS – Any and all URNS or CONTAINERS (hereinafter “URNS”) placed in the PURCHASER’S niche shall be of such construction and design as are acceptable to the BOARD, and the BOARD reserves the right to reject any URNS not acceptable to it. Exceptions may be made upon prior approval by BOARD of a written request from PURCHASHER and payment of additional costs that would be determined at time of exception approval. Any exceptions made shall not be considered precedent for approval of like exceptions in the future.
  1. NICHE ENGRAVING – The BOARD shall have the granite fronts engraved with name(s) and birth and death date(s) following the purchase of a niche and after an approved request by PURCHASER. Engraving will be done as soon as possible after the time of interment. Niche engraving information must be submitted by PURCHASER on a form acceptable to the BOARD. Only BOARD approved lettering will be engraved. How the names are displayed is dependent on the number of letters in the name(s) and whether or not there is a common surname for more than one person’s ashes interred in one niche. Dates of birth and death are included, and months (except May, June or July) will be abbreviated. PURCHASER must approve a proof copy of the engraving prior to actual engraving of the niche front. The engraving company is at the discretion of the BOARD. The cost of the initial engraving, whether partial or complete, (and including niche front removal, transportation, engraving, and reinstallation) is included in the niche purchase cost. Following the initial engraving, the cost of any additional engraving or changes is the financial responsibility of the PURCHASER.

 

  1. COLUMBARIUM INTEGRITY – The Columbarium shall be maintained as originally approved by the CHURCH, subject to change upon the recommendation of the BOARD with concurrence of the CHURCH. There may be BOARD maintained plants and/or flowers in the Columbarium and no additional flowers or plants are to be brought to the Columbarium after the day of interment. There will be no stones or other individual markers placed in the Columbarium by the PURCHASER.
  1. MEMORIAL SERVICES – A memorial service may be held at each interment and shall be coordinated with one of the pastoral staff or their designate.

 

  1. NICHE BUYBACKS – There is no right to ask for a buyback, but a niche may be resold to another church member.
  1. INTERESTS – The CHURCH retains all ownership and interest in and to the Columbarium and the niches. This Agreement shall not in any way be construed to grant or create in the PURCHASER any real property interest in the Columbarium or PURCHASER’S niche(s). In the event that the CHURCH determines to remove the Columbarium, or if the CHURCH ceases to occupy its current location, and does not construct another Columbarium at another location in the future, the CHURCH will make reasonable efforts to locate the PURCHASER, the PURCHASER’S Representative, or (if there is no PURCHASER’S Representative then surviving) the surviving MEMBER’S Spouse or (if no surviving spouse is located) next of kin on the MEMBER to determine the location to which the PURCHASER, the PURCHASER’S Representative, or which surviving spouse or next of kin of the MEMBER, as the case may be, designates where the urn(s) are to be sent. If the CHURCH is unable to locate the PURCHASER, the PURCHASER’S Representative, or such surviving MEMBER’S spouse or next of kin of the MEMBER, or if the PURCHASER, the PURCHASER’S Representative, or such surviving spouse or next of kin of the MEMBER shall fail to designate a location to where the URNS is (are) to be sent, then the BOARD shall, at its cost, cause the URNS to be deposited in such location as it deems appropriate under the circumstances. All Ohio statutes regarding the disinterment of remains shall apply.

 

  1. LIABILITY – The PURCHASER agrees that the CHURCH, BOARD, and their officers, agents, successors, assigns and employees shall have no liability of any nature whatsoever for damages to any person (including, without limitation, the PURCHASER, the PURCHASER’S spouse, any relative of the PURCHASER’S Spouse, MEMBER(S) or the MEMBER’S spouse or the heirs or descendants of any of the foregoing) with respect to the BOARD, the PURCHASER’S Niche, or any property  (including any remains or urns) placed in the PURCHASER’S Niche. Without limiting the generality of the foregoing, the CHURCH, BOARD, and their officers, successors, assigns and employees shall not be liable for any actions, omissions, or decisions relating to or in connection with the CHURCH, BOARD, the PURCHASER’S Niche, nor shall it, its’ officers, or its’ employees be liable for any damage to or destruction of any such remains or URNS by reason of fire, seepage of water, vandalism, acts of God, or any other cause, unless such damage or destruction is the direct result of the gross negligence of the BOARD, CHURCH, its officers or its employees.

CHURCH and BOARD will use reasonable efforts to protect all URNS deposited in the Columbarium facilities assuming such responsibility with respect to them as it affords its own property. CHURCH shall not be liable for destruction resulting from vandalism, terrorism, acts of God, or natural disaster. Any and all liability which BOARD and/or CHURCH may be found to have, shall be limited to the cost of replacement and repair of property damaged and shall not extend to mental anguish and/or pain and suffering of the MEMBERS or their heirs, family members, friends, representatives of the family of any individual interred or any other person claiming through any such person.

  1. RECORD KEEPING – The responsibility of all records relative to the use of the BOARD (Columbarium) facilities rests with the BOARD or its designee.

 

  1. HOURS OF VISITATION – The Columbarium shall be available for prayer and reflection from dawn to dusk.
  1. CHANGES – BOARD reserves the right to change these RULES AND CONDITIONS at any time without advance notice to any PURCHASER or MEMBER(S). All such changes or revisions shall be binding on the PURCHASER and all Members as if they were in effect prior to the date of purchase. All PURCHASER requests for exceptions to these RULES AND CONDITIONS or the AGREEMENT FOR INTERMENT must be submitted in writing to the BOARD.