Sioux Falls, SD [57105]
605.332.6004
A wholly owned subsidiary of the Hand Up Foundation
All agreements for any event or rental is subject to the service agreement
©Common Law Copyright 2024 | Hand Up Foundation | a private unincorporated member community | All Rights Reserved
Hand Up Foundation (the "Ministry") Service Agreement pertaining to any and all services provided:
RELATIONSHIP: Ministry and the MEMBER (renter). The MEMBER agrees that they are entering this Agreement and Contract as a living man/woman and that his/her name of the MEMBER on this Agreement and Contract does not represent a corporation or person.
DURATION: This Agreement and Contract may be terminated at any time by the MEMBER’s cancellation of the rental, demise, or cancellation or removal by the Ministry for cause. Each membership is ongoing until cancelled by one of the parties to this agreement.
DONATION TYPE: The MEMBER understands that all monies donated will be in lawful money for credit on account. Under no consideration shall it be interpreted that Federal Reserve Notes “FRN’s” are able to replace the Coinage Act of 1873 for lawful money; however, MEMBER agrees that in the event that FRN’s are the transmitting utility, that the Collective Entity Doctrine does NOT apply.
MEMBERSHIP PERKS: Members receive coupons and special notices of all events available by the Ministry. Members who sublease space at the events have the first right to reserve again the following year be receiving the invitation 2 weeks before other non current members. Opportunities to serve in the community and beyond.
TERMS OF SERVICE: The MEMBER is bound by the Ministry Terms of Service and acknowledges he / she has read and agrees to abide by the Terms of Service located on all contracts, agreements, sublease or rental agreements which may change from time to time.
DISPUTE RESOLUTION: The Ministry and The MEMBER commit to first seek dispute resolution through individual discussions with the Executive Director or person involved in the dispute, and then if necessary, through a Prayer Board. Should outside dispute resolution between the Ministry and the MEMBER become necessary, the Ministry and the MEMBER agree to both commit to seek a biblical Matthew 18 private dispute resolution.
NO CONFLICT: Neither the MEMBER nor the Ministry has any agreement, relationship, or commitment to any other person or entity that conflicts with the MEMBER’s obligations to the Ministry or the Ministry’s obligations to the MEMBER under this Agreement and Contract.
NECESSARY ACTS, FURTHER ASSURANCES: The parties shall, at their own cost and expense, execute and deliver such further documents and instruments and shall take such other actions as may be reasonably required or appropriate to evidence or carry out the intent and purposes of this Agreement and Contract.
APPLICABLE LAW: This Agreement and Contract and any dispute arising from the relationship between the parties to this Agreement and Contract, shall be governed by, construed under, and enforced in accordance with the laws of the state of South Dakota and/or the STATE OF SOUTH DAKOTA, at the discretion of the Ministry.
JURISDICTION: Jurisdiction for any dispute arising from the relationship between the parties to this Agreement and Contract shall be common law on the Republic for South Dakota and/or the STATE OF SOUTH DAKOTA at the discretion of the Ministry.
ENFORCEABILITY: This Agreement and Contract shall be binding upon, and enforceable by and against, the parties and their respective successors, assigns, and legal representatives in accordance with its terms.
ASSIGNMENT: This Agreement and Contract may not be assigned by either party without the written consent of the other; provided, however, that the Ministry may assign its rights and delegate its duties under this Agreement and Contract without the MEMBER’s consent to a successor by sale, merger, restructuring, reorganization, or liquidation, if such successor carries on the Ministry’s Ministry substantially in the form in which it is being conducted at the time of the sale, merger, restructuring, reorganization, or liquidation.
ENTIRE AGREEMENT AND CONTRACT: This Agreement and Contract constitutes the final, complete, and exclusive statement of the terms of the agreement between the parties and supersedes all prior and contemporaneous understandings or agreements of the parties. No party has been induced to enter into this Agreement and Contract by, nor is any party relying on, any representation or warranty outside those expressly set forth in this Agreement and Contract.
MODIFICATION OF AGREEMENT AND CONTRACT: This Agreement and Contract may be supplemented, amended, or modified only by the mutual agreement of the parties. No supplement, amendment, or modification of this Agreement and Contract shall be binding unless it is in writing and signed by both parties. No provisions in either party's correspondence or other Ministry forms used by either party shall supersede or add to the terms and conditions of this Agreement and Contract.
WAIVER: No waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement and Contract shall be effective unless it is in writing and signed by the party waiving the breach, failure, right, or remedy. No waiver of any breach, failure, right, or remedy shall be deemed a waiver of any other breach, failure, right, or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.
COMMUNICATIONS-NOTICES: Any notice, approval, or other communication required or permitted under this Agreement and Contract shall be given in writing in the English language and shall be given to the appropriate party by personal delivery, by fax, by certified mail (postage prepaid), or by overnight delivery by the Ministry. Any notice given by the Ministry shall not be binding unless signed by a duly authorized official of that party. Notice shall be deemed given as follows:
COMMUNICATIONS - PERSONAL DELIVERY: When personally delivered to the MEMBER, notice is effective on delivery.
COMMUNICATIONS - CERTIFIED MAIL: When mailed certified mail, return receipt requested. Notice is effective on receipt, if delivery is confirmed by a return receipt.
CORRECTED ADDRESSES: Any correctly addressed notice that is refused, unclaimed, or undeliverable because of an act or omission of the party to be notified shall be deemed effective as of the first date that said notice was refused, unclaimed, or deemed undeliverable by the postal authorities, messenger, or overnight delivery service. Any party may change its address, facsimile number by giving the other party notice of the change in any manner permitted by this Agreement and Contract.
SEVERABILITY: If a court or an arbitrator of competent jurisdiction holds any provision of this Agreement and Contract to be illegal, unenforceable, or invalid in whole or in part for any reason, the validity and enforceability of the remaining provisions, or portions of them, will not be affected.
HEADINGS: The heading titles in this Agreement and Contract are included for convenience only and shall neither affect the construction or interpretation of any provision in this Agreement and Contract nor affect any of the rights or obligations of the parties to this Agreement and Contract.
COMPLETION OF ANY CONTRACT OR AGREEMENT: All work or admissions tickets will be completed by Hand Up Foundation in a timely fashion upon receipt of completed donations and necessary information for completion of such contracts or agreements. The member is responsible, upon receipt of such documents, for their completion if any are necessary.
THANK YOU: For your membership to this PMA to support the efforts of this Self Supported Ministry.