On-Site Behavior Policy
Effective June 1, 2021
Precious Moments Foundation (“PMF”, “Foundation”, “we”, “us”, “our”) takes our Brand Voice and Message very seriously. This Policy describes the expectations of our all employees, volunteers, third-party providers, guests, and visitors while on-site at all Precious Moments Foundation publicly-accessible locations (buildings, walkways, and parking areas), including but not limited to: Precious Moments Visitor Center, Precious Moments Chapel, Precious Moments Chapel Gift Shoppe, Samuel J. Butcher Museum, and Precious Moments Chapel Grounds and Gardens (collectively “On-Site Facility”, “On-Site Facilities”). PMF occasionally retains the use of off-site locations (buildings, walkways, and parking areas) for certain private or pre-registered events. Such locations, when used in conjunction with or on behalf of a private or pre-registered event operated, promoted, or sponsored by PMF, shall be deemed “Off-Site Facility” or “Off-Site Facilities” and subject to the terms of this On-Site Behavior Policy. All paid full-time, part-time, and temporary/seasonal employees of Precious Moments Foundation and Precious Moments Family of Companies, Inc., (“Employees”), and all contractors, licensing partners, service providers, partners, tenants, vendors, volunteers, or other third-party providers (“Providers”), collectively “we”, “us”, “our”, and all customers, consumers, guests, visitors, (collectively “Visitors”, “you”, “your”), agree to be bound by this On-Site Behavior Policy and the published Legal Terms & Conditions to which it is annexed. Employees, Providers, and Visitors unwilling to be bound by this On-Site Behavior Policy and/or the published Legal Terms & Conditions should refrain from visiting, accessing, or otherwise utilizing any On-Site Facility or Off-Site Facility.
1. Brand Voice.
Our core values are the foundation of the PMF’s culture. As an organization we are generous and caring, encouraging kindness, honesty, benevolence, and virtue from our Employees and Providers and consider all Employees and Providers to be “messengers of the brand”. We expect all messengers of the PRECIOUS MOMENTS® and NE’QWA ART® brands to speak respectfully of the PRECIOUS MOMENTS® and NE’QWA ART® brands, our products, services, facilities, Visitors, one another, and our brand competitors, and to at all times adhere to conduct befitting the wholesome, family values of the PRECIOUS MOMENTS® and NE’QWA ART® brands.
While on or in any On-Site Facility or Off-Site Facility, Employees, Providers, and Visitors are expected to act in a safe and courteous manner and are not permitted to engage in unsafe, illegal, disruptive, lewd, or offensive behavior, as deemed as such in Foundation’s sole discretion and decision. Minor children shall be accompanied at all times by an adult (eighteen (18) years of age or older), unless otherwise deemed acceptable by Foundation. Tampering with, bathing/washing in, swimming/wading in any fountain or water structure is strictly prohibited. In no event shall any UNAUTHORIZED EMPLOYEE OR PROVIDER OR Visitor be permitted to touch, remove, alter, or otherwise handle any mural, figurine, sculpture, stained glass window, decoration, or other work of art. Conduct that is threatening, disorderly, “horseplay”, or unruly is prohibited at any On-Site Facility or Off-Site Facility.
3. Prohibited Materials.
While on or in any On-Site Facility or Off-Site Facility, proper attire, including shoes and shirts, are to be worn at all times. SWIMWEAR AND ANY ATTIRE OR ARTICLE WITH HARASSING, PROFANE, GRAPHIC, OR OBSCENE WORDS, PHRASES, IMAGES OR CONTENT ARE NOT DEEMED TO BE APPROPRIATE ATTIRE. Alcohol, illegal drugs, fireworks, and/or firearms are prohibited from all On-Site and Off-Site Facilities. All On-Site Facilities and Off-Site Facilities shall be deemed non-smoking, including for use of tobacco and e-cigarettes, except for designated areas. Wheeled devices for recreational purposes (such as skateboards, Segways, balance boards, scooters, and inline skates) are prohibited indoors at all On-Site Facilities and Off-Site Facilities, unless Visitor can establish documented proof of a medical or other necessity. All pets, excluding service animals, are prohibited indoors at all On-Site Facilities and Off-Site Facilities. Service animals must be under the control of the owner and must at all times remain on a leash or harness.
4. Right to Refuse Entry.
All persons, bags, parcels, and other items are subject to screening and/or security checks at or within all On-Site Facilities and Off-Site Facilities. PMF reserves the right to refuse entry to any person, bag, parcel, or other item and to deal with unattended objects in the manner PMF deems fit.
5. Promotion and Exploitation.
No Visitor or Provider is permitted to display, exhibit, market, advertise, sell, offer, or promote goods or services of any kind for monetary or other consideration without the express written consent of PMF. No Employee, Provider, or Visitor is permitted to use any On-Site Facility or Off-Site Facility or portion thereof in a manner that: (i) is or becomes a nuisance, unsafe, unsanitary, objectionable or offensive to good taste; (ii) is or becomes illegal or poses a reasonable risk of danger to the On-Site Facility, Off-Site Facility, any Employee, Provider, or Visitor, or the personal property of each; (iii) is or becomes commercially beneficial to the Employee, Provider, or Visitor, including but not limited to: taking, making, or producing any photograph, videotape, or recording of any copyrighted or trademarked materials for commercial resale.
Employees, Providers, and Visitors shall have the right to use parking areas adjacent to or associated with On-Site Facilities and Off-Site Facilities on a non-exclusive, non-assigned basis. No Employee, Provider, or Visitor shall be permitted to use any parking areas for long-term or overnight parking, camping, or storage. PMF assumes no liability or risk for any damage that may occur to any vehicle or other property in any parking area adjacent to or associated with On-Site Facilities or Off-Site Facilities. Employees, Providers, and Visitors shall adhere to all restricted areas, including but not limited to: designated “handicap accessible” parking spaces, designated “no parking” spaces, and loading/unloading zones. Foundation reserves the right to remove or cause the removal of any vehicle or other property in breach of any restricted area, at the expense of the vehicle’s or property’s owner.
7. Restricted Access.
Providers and Visitors shall adhere to all posted warnings and restricted areas, including but not limited to areas designated for “Employee Access Only”. Providers and Visitors shall only be permitted use of designated walkways, entryways, publicly accessible areas, and parking areas. Providers and Visitors shall not be permitted to cross any fence, chains, landscaped areas, enclosure, or other barriers, or enter any closed or locked door, partition, or curtain, unless otherwise directed. Foundation reserves the right to remove or cause the removal of any person, vehicle, or other property in breach of any restricted area, at the expense of the removed person, vehicle’s, or property’s owner. Access to certain exhibits, buildings, or other designated areas may be restricted, at any time as PMF deems necessary, due to maintenance, renovation, special events, or weather, without notice. Foundation shall have no liability to any Visitor as a result of such closures or inaccessibility.
8. Special Events.
Certain special events or activities may require separate entrance or registration fee. All merchandise availability, special offers, pricing, event times, dates, activities, and locations are all subject to change without advance notice. In some instances pre-registration or pre-payment is required. All pre-paid fees are non-refundable, unless otherwise noted.
9. Photo Release.
While in any On-Site Facility, all Visitors grant permission for themselves and their minor child(ren) to be photographed, audio-taped, and/or videotaped by PMF, its owners, Employees, or third-party Providers. Visitors grant PMF, its owners, Employees, or third-party Providers the right to use, reuse, publish, or republish your and/or your minor child(ren)’s: name, likeness, story, photograph/image, or video or audio clip (“Portrayal”) in Precious Moments Foundation and/or Precious Moments Family of Companies, Inc. owned, operated, sponsored, or promoted materials. Visitors release and hold harmless Precious Moments Foundation and Precious Moments Family of Companies, Inc. from any reasonable expectation of privacy or confidentiality associated with the Portrayal and use of the same. Neither PMF’s nor Precious Moments Family of Companies, Inc.’s receipt or use of any Portrayal in any way constitutes a license agreement, vendor/service agreement, use/user agreement, or contractor agreement and Visitor waives any and all claims to copyright, royalty, or other compensation, monetarily or otherwise, or right for such use. Any Portrayal may be altered, changed, copied, displayed, distributed, edited, exhibited, published, sold, or otherwise duplicated and/or disseminated, in order to best suit the needs of the Foundation and/or Precious Moments Family of Companies, Inc. Visitor waives any and all claim for damages arising from or resulting in any use, including but not limited to libel, infringement of the right of publicity, invasion of privacy, portrayal in a false light, or any other claim. Foundation shall reserve the right to use, reuse, publish, and republish Visitor’s Portrayal individually or in combination thereof, for the purpose of commercial use, advertising, and/or promotion of Precious Moments Family of Companies, Inc., Precious Moments Company, Inc., Precious Moments, Inc., Precious Moments Foundation, Precious Moments Chapel Gift Shoppe, their products, services, events, or digital or print media and publications, now known or hereafter developed, worldwide and in perpetuity. Visitors may be required to sign a Photo Release, Liability Waiver, and/or Winner Acknowledgement in conjunction with their Portrayal. Foundation’s failure to obtain, or Visitor’s refusal to provide such Photo Release, Liability Waiver, and/or Winner Acknowledgement shall not prohibit Foundation from exercising its rights herein to said Portrayal.
10. Liability Waiver.
Foundation does not make any warranties or representations with regard to the safety or maintenance of any On-Site Facility or Off-Site Facility. Providers and Visitors understand and acknowledge that neither the Foundation, nor its owners, employees, volunteers, or third-party providers may be solely responsible for the safety and/or maintenance of any On-Site Facility or Off-Site Facility. In no event shall Foundation, its owners, employees, volunteers, or third-party providers be held liable and ALL VISITORS AND PROVIDERS, THEIR HEIRS, PERSONAL REPRESENTATIVES OR ASSIGNS, DO HEREBY RELEASE, WAIVE, AND DISCHARGE FROM LIABILITY FOR ANY CLAIMS, DEMANDS, OR CAUSES OF ACTION ARISING OUT OF THE NEGLIGENCE (WHETHER SOLE, JOINT, OR CONCURRENT), STRICT LIABILITY, OR OTHER LEGAL FAULT OF FOUNDATION OR ITS OWNERS, EMPLOYEES, VOLUNTEERS, OR THIRD-PARTY PROVIDERS, WHICH ARE IN ANY WAY CONNECTED TO OR ARISING FROM ANY PROVIDER’S OR VISITOR’S USE OF ANY ON-SITE FACILITY OR OFF-SITE FACILITY, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY (INCLUDING DEATH), COSTS, EXPENSES, PROPERTY LOSS OR DAMAGES, except injury or damages that may occur in whole or in part because of the sole negligence or willful and wanton misconduct of Foundation or its owners, employees, volunteers, or third-party providers.
11. Assumption of Risk.
All On-Site Facilities and Off-Site Facilities carry certain inherent risks that cannot be eliminated regardless of the care taken to avoid injuries. ALL PROVIDERS AND VISITORS DO HEREBY ASSERT THAT HIS/HER USE OF AND VISITATION TO ALL ON-SITE FACILITIES AND OFF-SITE FACILITIES ARE STRICTLY VOLUNTARY AND KNOWINGLY ASSUME ALL SUCH RISKS. ALL PROVIDERS AND VISITORS ARE RESPONSIBLE FOR THEIR OWN SAFETY AND ACCESS, ENTER, USE, ALL ON-SITE FACILITIES AND OFF-SITE FACILITIES AT THEIR OWN RISK.
12. Governing Law.
This On-Site Behavior Policy is governed by and construed in accordance with the laws of the State of Missouri without giving effect to the principles of conflict of law and the courts within Missouri will be the only courts of competent jurisdiction. Visitors hereby irrevocably submit themselves (and their minor child(ren)) to the personal jurisdiction of the Missouri courts and do hereby irrevocably agree to service of process by Missouri courts. Any and all suits shall be exclusively filed in the Circuit Court of Jasper County, Missouri or the United States District Court for the Western District of Missouri. THE INTENT OF THE FOUNDATION IS THAT THIS AGREEMENT WILL ALLOW THE FOUNDATION TO AVOID LIABILITY FOR ANY FAILURE ON OUR PART TO USE REASONABLE CARE IN ANY WAY.
13. Contact Us.
For questions about our On-Site Facilities or this On-Site Behavior
Policy, contact our Gift Shoppe staff either in-person, online, via phone,
email (during normal business hours), or post.
Toll-free: 800-543-7975 | Local: 417-359-2800
Precious Moments Foundation
Attn: Customer Service (Gift Shoppe)
4321 Chapel Road
Carthage, Missouri 64836 U.S.A.