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Burial Plot Lease

SOLAS NATURAL BURIAL PRESERVE

BURIAL PLOT LEASE AGREEMENT

THIS LEASE AGREEMENT (the “Lease”) is made and entered into by and between Sòlas Natural Burial Preserve, LLC, a Wisconsin limited liability non-profit company (“Sòlas”), and (“Customer”) effective as of the later date of whichever Sòlas or Customer sign this Lease (the “Effective Date”).

RECITALS

WHEREAS, Sòlas keeps and maintains a natural burial preserve located at 6025 Oncken Road, Westport, WI 53597 (the “Preserve”); and,

WHEREAS, the Preserve is officially certified by the Green Burial Council as a Natural Burial Cemetery; and

WHEREAS, Sòlas offers those plots designated as natural burial sites for lease in the Preserve; and,

WHEREAS, Customer desires to enter into this Lease for one or more of said plots described herein;

NOW, THEREFORE, in consideration of the mutual promises and conditions contained in this Lease and other good and valuable consideration, including the foregoing recitals, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows:

Sòlas leases to Customer, and Customer leases from Sòlas, that certain burial plot(s) outlined on the site plan attached and incorporated herein as Exhibit A and described as Plot numbered (the “Plot(s)”).

Lease Term. The term of this Lease shall begin on the Effective Date and end on February 21, 2121 (the “Term”). The Lease shall automatically terminate on the last day of the Term.

This Lease is entered into in conjunction with Customer’s Plot assignment and Plot Fee payment through Sòlas via their website at: www.solasnaturalburial.com. Customer acknowledges that future plot availability is not guaranteed except through execution of this Lease or another lease through Sòlas for such desired plots.

Designation of Beneficiary. Customer designates the person or persons, either themself or another, for whom the Plot interment (the “Interment”) is intended (the “Beneficiary(ies)”) on Exhibit B attached hereto and incorporated herein.

Plot Fee. Upon Plot assignment and in conjunction with this Lease, Customer shall pay to Sòlas a one-time payment per Plot in exchange for the lease of the Plot (“Plot Fee”) according to the pricing table below. Interment is not permitted nor may any headstone be installed unless the Plot Fee has been paid in full.

Type of Plot	Fee
Regular 8x8	$4,000
Veteran 8x8	$3,500
Cremation 2x2	$1,000
Pet	$350

Plot Preparation. Customer shall have the option to: (a) dig and prepare the Plot for Interment personally; or (b) hire Sòlas to dig and prepare the Plot for Interment for a fee of $________. If option (b) is selected, Sòlas will provide instructions for Plot preparation and each participant must sign the provided liability waiver indemnifying Sòlas and all employees against any claim of personal injury arising out of and relating to the interment activities. Notwithstanding the foregoing, under no circumstances will Sòlas handle remains.

Customer acknowledges that under Wisconsin law, final disposition of remains may be performed only by either: (a) a funeral director licensed under Chapter 445 of the Wisconsin Statutes; or (b) a member of the decedent’s immediate family who personally prepares for and conducts the final disposition of the decedent. Customer is solely responsible for hiring and coordinating funeral director services under option (a) and for ensuring that the funeral director complies with the Rules (defined below). Customer is responsible for all legal responsibilities related to final disposition, including filing a death record. If the body of the deceased Beneficiary is prepared in any way that violates the Rules, such as the use of embalming fluid, Interment may not be feasible and Sòlas has the right to terminate this Lease.

Digital Headstone™. Following Interment, the Plot will be marked via GPS tracking on solasnaturalburial.com. For a fee of $________, Customer may purchase a webpage containing information provided by Customer about the Beneficiary (the “Digital Headstone”) to be activated and maintained at www.solasnaturalburial.com. The Digital Headstone may contain any and all details so desired by the Beneficiary and/or Customer, including photos, videos, information, service times and locations, a link to a charity, etc. Sòlas reserves the right to remove any comments it deems inappropriate or offensive at its discretion.

Customer agrees that all rights conveyed under this Lease are and at all times shall be subject to rules and regulations now existing or hereafter revised or supplemented by Sòlas at its sole discretion, attached and incorporated herein as Exhibit C (the “Rules”). This Lease is subject to Customer’s express written acknowledgement and agreement to abide by the Rules.
Refunds/Termination. IF Interment has not yet occurred and Customer wishes to terminate this Lease, then Sòlas shall have the first option to re-lease the Plot at a discount price of fifty percent (50%) of the original Plot Fee, whereby terminating the Lease. IF Interment has occurred, then Customer has no right to terminate the Lease.

Transfer/Assignment. Customer may transfer the designation of the Beneficiary to a bloodline descendant/child prior to Interment. If the Customer wishes to transfer the Beneficiary designation, Customer shall notify Sòlas so that Sòlas can maintain accurate records of the individual designated for Interment and prepare appropriate documentation as necessary to ensure the Plot is properly designated. This notice shall be in writing and signed by Customer, previous Beneficiary, and new Beneficiary, if applicable. All costs incurred by Sòlas shall be reimbursed by the Customer.

Preserve Conservation and Maintenance. As a part of the Green Burial Council’s certification requirements, a portion of the Plot fee shall be placed in the fund that provides for the maintenance of the Preserve. Sòlas fully intends to maintain the Preserve in its most natural state until such time that the property dedicated as parkland. This includes maintenance, repair, and care of the land, infrastructure, and This does not include, and Sòlas will not be responsible for, maintenance, upkeep or repair of any marker or headstone unless the damage is a direct result of the act of Sòlas’ employees or contractors. Sòlas takes no responsibility for loss or damage to flowers, trees, or other plants that are not permanently affixed to the gravesite.

Wisconsin Authorization for Final Disposition. If the Beneficiary, or each of them, is alive as of the Effective Date, then the Beneficiary, or each of them, is required to fill out the Wisconsin Authorization for Final Disposition (the “State Form”) attached hereto as Exhibit D. The State Form shall indicate the person with whom Sòlas shall communicate regarding administration of this Lease upon such Beneficiary’s death.

Information Prior to Interment. Before the deceased Beneficiary can be interred, the Customer, or if Customer and Beneficiary are the same person, then Beneficiary’s representative under the State Form, must provide Sòlas the following information:

Name of Deceased
Age of Deceased & birth date, if known
Date of death
Next-of-Kin
Funeral Establishment (if any)
Executor of Deceased’s estate (if any)
If the Deceased is not an adult, names of parent(s) or legal guardian(s)

If the Deceased is a pet, then only the pet’s name, date of death, and proof of ownership are required prior to interment.

Customer acknowledges that this arrangement is a lease for a burial plot in a natural burial preserve, not a sale of land, property, or any other kind, and the property under the Lease is intended to become a public open space after February 21, 2121.

Regulations: ALL RULES AND REGULATIONS OF THE PRESERVE ARE SUBJECT TO BE CHANGED OR AMENDED AT SOLAS’ SOLE DISCRETION.

Limitation on Liability: WITHOUT LIMITING ANY LIMITATIONS ON LIABILITY SET FORTH ABOVE, SOLAS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES HOWEVER ARISING, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOLAS’ LIABILITY FOR DAMAGES ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH THIS LEASE OR THE SERVICES PROVIDED HEREIN SHALL IN NO EVENT EXCEED THE AMOUNT RECEIVED BY SOLAS FROM CUSTOMER UNDER THIS LEASE. NOTWITHSTANDING THE FOREGOING, Customer shall assume liability for compliance with all applicable laws, including, but not limited to, those related to disposition and death records.

Disclaimer of Sòlas’ Warranties. ALL MERCHANDISE SOLD BY SOLAS SHALL BE “AS-IS, WHERE-IS, AND WITH ALL FAULTS”, INCLUDING BUT NOT LIMITED TO THE EXTENT THAT SUCH MERCHANDISE DECOMPOSES, DETERIORATES, BREAKS, OR OTHERWISE FALLS VICTIM TO NATURE. THE ONLY WARRANTY ON ANY MERCHANDISE SOLD IN CONNECTION WITH THIS LEASE IS THE EXPRESS WRITTEN WARRANTY, IF ANY, GRANTED BY THE MANUFACTURER OF ANY PRODUCTS CARRIED BY SOLAS. SOLAS MAKES NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO ANY PRODUCTS OR MERCHANDISE.

Indemnification. To the fullest extent permitted by law, Customer shalldefend, indemnify and hold harmless Sòlas and Sòlas’ agents, employees, lenders, and affiliates, from and against any and all negligence, claims, liabilities, damages, costs or expenses arising either before or after the Effective Date which arise from or are caused by Customer’s use or occupancy of the Preserve, or from any activity, work, or thing done, permitted or suffered by Customer or Customer’s agents or invitees in or about the Preserve, or from any Default in the performance of any obligation on Customer’s part to be performed under this Lease, or from any act, omission or negligence on the part of Customer or Customer’s agents or invitees. Sòlas may, at its option, require Customer to assume Sòlas’ defense in any action covered by this Section 19 through counsel reasonably satisfactory to Sòlas. Notwithstanding the foregoing, Customer shall not be obligated to indemnify Sòlas against any liability or expense to the extent it is ultimately determined that the same was caused by the sole negligence or willful misconduct of Sòlas, its agents, contractors or employees.
Attorney's Fees. If Sòlas brings an action to enforce the terms of or declare rights under this Lease, it shall be entitled to recover reasonable costs, attorneys' fees and expenses incurred from and after Customer's failure to comply with any term of this Lease. The parties agree that any dispute shall be resolved in Wisconsin Business Court as the definitive decision-making process.

Governing Law and Jurisdiction. This Lease shall bind the parties, their heirs, personal representatives, successors and assigns. This Lease shall be governed by, construed and enforced in accordance with the laws of the State of Wisconsin.
Notices. All notices and demands hereunder shall be in writing and shall be deemed given if (a) hand delivered; (b) sent by Express Mail or a national commercial courier service (e.g., Purolator Delivery Service or Federal Express) for next day delivery, to be confirmed in writing by said courier or service; (c) when deposited in the United States Mail with sufficient postage prepaid thereon to carry it to its addressed destination and sent by registered or certified mail, return receipt requested; (d) sent by electronic mail; or (e) sent by facsimile; and when addressed as follows:

Sòlas:	Sòlas Natural Burial Preserve, LLC 1818 Parmenter St, Suite 400 P.O. Box 628573 Middleton, WI 53562
Customer Contact:

Successors/Assigns. This Lease shall be binding on and shall inure to the benefit of the heirs, executors, administrators, successors, and assigns of Customer and Sòlas. Nothing in this section shall be construed as consent by Sòlas to any assignment of this Lease or any interest in it by Customer.
No Recordation. Customer shall not record this Lease nor any memorandum or notice hereof with the register of deeds or any public record.
Entire Agreement: This Lease contains the entire agreement between the parties and cannot be modified except by a written document signed by both parties.
Severability: The provisions of this Lease are independent and separable from each No provision shall be affected, rendered invalid or unenforceable by virtue of the fact that another provision may be invalid or unenforceable, in whole or in part.
Joint and Several Obligations: All agreements, rights and obligations of Customer shall be joint and
Affirmation: Customer hereby affirms having read the terms set forth in this Lease and agrees to abide by all rules and regulations now or hereafter promulgated by Sòlas.