VAN LIFE™ NFT Private Cemetery Agreement

Last updated: 1/25/24

This Agreement (the "Agreement") is made and entered into as of the Effective Date ("1/25/2024"), by and between Van Life Peers (the "Company", "Site", "we", "us", or "our") and any individual or entity participating in or engaging with our activities, services, products, or events (hereinafter referred to as the "Participant", "Customer", "Member" or "you") while being the holder of a VAN LIFE™ NFT (the "NFT Holder") (defined below).

VAN LIFE™ NFT” means a non-fungible token minted by a smart contract deployed and associated with the contract metadata containing these Terms or such other smart contract(s) as designated by the VAN LIFE™ brand from time to time in its sole discretion, including any replacement, upgrade or successor smart contract(s) that the VAN LIFE™ brand may designate in its sole discretion (the “VAN LIFE™ NFT Smart Contract”). A VAN LIFE™ NFT Smart Contract associates each VAN LIFE™ NFT with a piece of digital art created by the VAN LIFE™ brand, which may be changed from time to time (the “Art”).

1. Application for Burial Plot:
1.1 The NFT Holder, as a member of the Van Life community and the holder of a VAN LIFE™ NFT, is eligible to apply for a burial plot at a private cemetery operated by the Company.
1.2 The NFT Holder must submit a written application to the Company, specifying the desired lot size and location. An application fee, as determined by the Company, is required to process the request.
1.3 The Company retains the sole discretion to approve or deny the application based on availability and adherence to the cemetery's purpose.

2. Allocation and Use of Burial Plots:
2.1 Upon approval of the application, the Company will allocate a burial plot to the NFT Holder, subject to the terms of this Agreement.
2.2 The NFT Holder may use the allocated burial plot solely for bona fide burial purposes. The plot is non-transferable and cannot be sold, assigned, or used for any purpose other than burial.

3. Cemetery Regulations:
3.1 The NFT Holder shall adhere to all rules, regulations, and guidelines established by the Company for the private cemetery's operation and management.
3.2 The Company reserves the right to make changes to the cemetery's facilities and operations, with prior notice to the NFT Holder whenever possible.

4. Cemetery Maintenance:
4.1 The Company is responsible for the maintenance, upkeep, and landscaping of the private cemetery to ensure its proper functioning and appearance.
4.2 The NFT Holder agrees to respect the cemetery's environment and refrain from any actions that may cause damage or disruption.

5. Indemnification and Liability:
5.1 The NFT Holder shall indemnify and hold the Company harmless from any claims, damages, liabilities, costs, and expenses arising out of the NFT Holder's use of the burial plot.
5.2 The Company shall not be liable for any damages or losses incurred by the NFT Holder due to events beyond its reasonable control.

6. Termination:
6.1 Either party may terminate this Agreement upon written notice in the event of a material breach of the terms and conditions stated herein.
6.2 In case of termination, the NFT Holder shall surrender all rights to the burial plot, and the Company may reassign it to another eligible member of the VAN LIFE™ community.

7. Governing Law and Jurisdiction:
7.1 This Agreement shall be governed by the laws of the jurisdiction in which the Company is registered, without regard to its conflict of laws principles.
7.2 Any disputes arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts in which the Company is registered.

8. Miscellaneous:
8.1 Entire Agreement: This Agreement constitutes the entire understanding between the Parties with respect to the subject matter herein and supersedes all prior and contemporaneous agreements and understandings.
8.2 Amendment: The Company reserves the right to amend this Agreement at its discretion without prior notice. If the Company amends this Agreement, it will still become binding. Even if you decide not to read this Agreement, any updates or modifications will still be binding.
8.3 Waiver: The failure of either Party to enforce any provision of this Agreement shall not be deemed a waiver of such provision or right.
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