As a Houston Area Doberman Rescue Volunteer, I agree to be bound by the following Terms and Conditions:
TERMS & CONDITIONS
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before volunteering, fostering, registering to attend any event, purchasing any product, adopting a dog, using our web site, participating in dog training, or any other unlisted opportunity which applies under the charter of this corporation (the "Service") offered by, through, or as a part of Houston Area Doberman Rescue (HADR) operated by Houston Area Doberman Rescue, Incorporated ("us", "we", or "our").
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
By accessing or using the Service(s) you agree to be bound by these Terms and Conditions. If you disagree with any part of the terms then you do not have permission to access or make use of the Service(s).
Should any of the provisions or portions of these Terms and Conditions be held unenforceable or invalid for any reason, or if there is any conflict between the bylaws, articles of incorporation of this corporation, standard operating procedures of this corporation, laws of the State of Texas, Federal laws, or the Internal Revenue Code and these Terms and Conditions, those documents shall supersede these Terms and Conditions. The remaining provisions and portions of these Terms and Conditions shall be unaffected by such holding. This includes, but is not limited to official documents such as HADR contracts, HADR addenda, and/or HADR supplements. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. The failure of either party to enforce any provisions of this Agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement.
I understand that Houston Area Doberman Rescue is organized exclusively for one or more of the purposes as specified in Section 501(c)(3) of the Internal Revenue Code, including, for such purposes, the making of distributions to organizations that qualify as exempt organizations under Section 501(c)(3) of the Internal Revenue Code. My participation in the rescue work of this corporation will be voluntary; not performed to profit any organization or individual.
Specific Objectives and Purposes
The specific objectives and purposes of this corporation shall be: the corporation shall work to rescue, rehabilitate, and place Doberman Pinschers in responsible and caring homes in addition to providing a resource for public education on the breed and responsible dog ownership. The purpose of this corporation is to be a volunteer charitable organization that serves as advocates for Doberman Pinschers who have become lost, abandoned, or abused in the Houston, Texas and surrounding areas. We vaccinate, microchip, spay/neuter, and treat heartworms before the dogs are placed in new homes. We attempt to only place dogs of stable temperament and reasonable health through our program. We maintain vet records and keep the dogs current on a regimen of heartworm preventative while they are in our program. We look for the right home for each dog. Matches are made based upon the needs of the individual adoptive homes and the temperament of the dog. We believe there is a real need for breed education. There are many reasons Doberman Pinschers end up in shelters, become stray or abandoned. We seek to make the general public aware that Doberman Pinschers are companion animals, not guard dogs to be left in a yard. We inform people of the importance of proper socialization, the need for training for a dog of any age, and the activity requirements of a working breed.
Hierarchy and Leadership
I understand the the Houston Area Doberman Rescue Board of Directors is the final authority in all matters relating to the business of the corporation. In all sections of these Terms and Conditions where there is any ambiguity, the Board of Directors will make the final decision. The Board of Directors may, from time to time, designate certain committee chairs who will report to a member of the Board of Directors. Committee chairs nor their members have a voice or voting rights in decisions made by the Board of Directors. Failure to comply with such decisions will result in removal from the organization, no reimbursement for unauthorized expense, and return of all rescue dogs, equipment, documentation, paraphernalia, information, etc immediately.
Information, Contracts, & Documentation
I will thoroughly evaluate potential adopters utilizing a combination of written applications, home visits, checking vet references, telephone interviews, face-to-face interviews, and personal reference checks, as appropriate, with the goal of placing all Rescue Dobermans in homes that are appropriate to the Doberman breed and specifically appropriate to each individual Rescue Doberman's needs. I will truthfully and accurately complete any forms, including a Non-Disclosure Agreement, Hold Harmless Agreement, Conflict of Interest Disclosure Statement, Confidentiality Agreement, and/or Affadavits depending on the volunteer roles I am best suited for. I will ensure that all prospective adopters have been presented, either verbally or in writing, that Houston Area Doberman Rescue dogs are spayed or neutered prior to adoption, unless there is a compelling medical reason not to spay/neuter before adoption as defined by an authorized Houston Area Doberman Rescue veterinarian. I agree to explain the adoption process including, but not limited to, utilizing a combination of written applications, home visits, checking vet references, telephone interviews, face-to-face interviews, and personal reference checks. I agree to utilize a written adoption contract for each Houston Area Doberman Rescue dog. I will answer questions about the Doberman Pinscher Breed, common diseases, crate training, housebreaking, basic obedience training requirements, and appropriate standard of care, referring questions to a Houston Area Doberman Rescue Board member should I be unable to confidently provide a valid answer. I will provide follow up advice and assistance to adopters, referring questions to a Houston Area Doberman Rescue Board member should I be unable to confidently provide a valid answer. I will ensure that every adopter knows that they must return the adopted dog to Houston Area Doberman Rescue if he/she can no longer keep it.
I will immediately notify a Houston Area Doberman Rescue Board member should I have concerns about a dog, potential adopter, volunteer, or foster which, in my opinion, might lead to a bite, infection, failed adoption, etc. I understand that all information will remain confidential and that no retaliation will be tolerated. If I see something, I will say something.
Safe Housing and Care
I will house Rescue Dobermans in safe, humane, sanitary conditions, which meet or exceed all minimum standards as defined by local health, animal control and sanitation authorities, and to provide Rescue Dobermans with appropriate food, clean water, and shelter. I will pay attention to and care for the emotional needs of the Dobermans I agree to foster. I will provide a secure, stable environment for the dogs and will interact one-on-one with them, as much as possible, in order to properly assess their temperament and special needs for placement. I will fully disclose all relevant information that is known at the time of placement or adoption regarding the health and temperament of each Rescue Doberman. I will provide each adopter with information on the Doberman Pinscher Breed, common diseases, crate training, housebreaking, basic obedience, and appropriate standard of care. I will not knowingly place a vicious or otherwise seriously temperamentally unsound dog in an adoptive home. All expenses, veterinary care, whether emergent or routine, sundries, such as food, toys, treats, etc, must have prior approval from either the foster coordinator or the Houston Area Doberman Rescue Board of Directors, pursuant to the corporations standard operating procedures, before any expenditure or they will not be reimbursed.
I will provide both necessary and appropriate routine veterinary care for Rescue Dobermans including, as appropriate, regular inoculations, heart worm testing, administration of heart worm preventative, treatment for intestinal parasites, and emergency care. To the best of my abilities and resources, I will provide appropriate medical care and training towards the goal of putting each dog in the best possible condition for a permanent adoption. In the event I am uncertain or unsure I will contact the foster coordinator for guidance. At no time will a volunteer or foster be expected to cover the cost of such services provided. However, all expenses, veterinary care, whether emergent or routine, sundries, such as food, toys, treats, etc, must have prior approval from either the foster coordinator or the Houston Area Doberman Rescue Board of Directors, pursuant to the corporations standard operating procedures, before any expenditure or they will not be reimbursed.
Albino Doberman Care
I agree to treat albino (white) Dobermans the same as any other Doberman of an allowed color and to ensure that every albino Doberman in my care, custody, or control is spayed or neutered and under no circumstances allowed to be bred. I will provide any adopter of an albino Doberman with educational materials. I will educate the adopter concerning the health problems related to albinism. I will encourage the adopter to educate third parties that express an interest in owning an albino Doberman.
Spay and Neuter and Breeding
I agree to ensure that Rescue Dobermans are not bred by only placing spayed or neutered in adoptive homes, unless there is a compelling medical reason not to spay/neuter, as determined by a Houston Area Doberman Rescue authorized veterinarian, before adoption. If an intact dog is placed in an adoptive home due to a compelling medical reason, I will thoroughly educate the adopter on the risks of accidental breeding and precautions that must be taken. I will explain the section of the Adoption Contract covering this topic to prevent the accidental or intentional breeding of the dog, require the adopter to spay or neuter the dog as soon as the medical condition is resolved, and remain in close contact with the adopter to ensure the dog is not bred. If I breed Dobermans (in addition to handling Rescue Dobermans) I will do so in accordance with the HADR Standard Operating Procedures and I will not use my rescue activities as a bait-and-switch tactic to sell puppies I breed.
Returning Identifiable Animals
If a dog comes into Houston Area Doberman Rescue's care with AKC papers or a breeder’s microchip is discovered, I will notify the foster coordinator who will make a reasonable attempt to contact the breeder to inquire about return of the dog, and/or assistance in placing the dog. The dog would be spayed or neutered before being returned to the breeder and the breeder would be required to reimburse Houston Area Doberman Rescue for the spay or neuter expense or surrender the dog to Houston Area Doberman Rescue if they choose not to reimburse. If the dog turns out to be the breeder’s personal dog, every attempt will be made to return the dog to the breeder intact, provided, however, that this does not violate any county, state or local shelter license requirements, restrictions, laws or regulations.
I will only recommend euthanasia to the foster coordinator for Rescue Dobermans that are determined to be unadoptable due to serious health or temperament problems. Rescue Dobermans that are euthanized will be humanely euthanized by a veterinarian or certified euthanasia technician and properly disposed of. Rescue Dobermans that are deemed unadoptable due to serious health, temperament, or other problems may be placed with a humane and knowledgeable hospice care provider, when available. Euthanasia protocol is detailed in the Standard Operating Procedures.
I will treat all volunteers’, fosters’, adopters’, and board of directors’ differences without prejudice, including, but not limited to, age, race, disability, ethnicity, family or marital status, gender identity or expression, language, national origin, physical and mental ability, political affiliation, race, religion, sexual orientation, socio-economic status, veteran status, other characteristics that make people unique, or any other class as identified by the federal, state, local, or municipal government.
Certification of Age
I certify that I am 18 years of age or older. In the event I am less than 18 years of age and am allowed to volunter, I must be accompanied by a parent or legal guardian at all times. I further understand that if I am less than 18 years of age, I am not allowed to have direct contact with dogs in the Houston Area Doberman Rescue program. It is expected that foster dogs in foster homes will always be supervised when there are persons below the age of 18 in the home.
I will ensure that children will always be supervised while interacting with animals and if I am unsure, I will take appropriate steps to remove unsupervised children from potentially threatening situations without causing harm to the child.
Risks to Health
I understand that all Houston Area Doberman Rescue dogs available for adoption will be current on all vaccines according to the American Veterinary Medical Association as soon as reasonably possible after intake. I further understand that as a volunteer and foster, I may come into contact with dogs which may be ill or may not have current vaccinations yet. I will take appropriate actions to minimize risk of infection both of myself, and other animals, by frequent and effective hand washing. I will notify the foster coordinator or a Houston Area Doberman Rescue Board member immediately upon contact with a dog that may be ill. A representative of Houston Area Doberman Rescue will take reasonable and customary steps to ensure I am notified if I may come into contact with an animal with either an illness or non-current or unknown vaccination status. I understand that dogs may bite, either with or without provocation. Houston Area Doberman Rescue documents temperament testing on all dogs entering the program. Houston Area Doberman Rescue will take reasonable and customary steps to ensure that all dogs have a temperament consistent with an adoptable dog. I agree to immediately notify the foster coordinator or a Houston Area Doberman Rescue Board member should a bite occur and will include the name or description of the dog, the date and time the incident occurred, and a brief summary of the incident and my printed name and signature. I also agree to seek medical assistance in the event of a bite at my own expense should I feel the incident requires the advice of a medical professional. I understand that a suppressed immune system, for any reason, may put me at greater risk for infection. I agree not to participate in any volunteer events or foster situations which might include direct contact with animals until such time that my immune system is no longer suppressed and that I will provide a Houston Area Doberman Rescue Board Member written permission from a medical professional before participating. I have read and agree to abide by the following documents. (a) Select Zoonotic Diseases of Companion Animals, (b) General Precautions Zoonotic Diseases of Companion Animals, (c) Dog Bite Prevention, (d) Principles of Infection Control, (e) Transmission Routes of Zoonotic Diseases of Companion Animals, and (f) Zoonotic Disease Prevention W.A.S.H. I understand that the first line of defense in prevention of zoonotic diseases (diseases spread between human and animal) is effective and frequent hand washing or contact with a disinfecting agent for 60-seconds or longer between contact with different animals, humans, and/or food. Further, I agree to wash my hands or use a disinfecting agent according to this agreement and attachments herein.
You expressly agree to defend, pay, indemnify and hold harmless HADR (and its officers, board of directors, agents and/or volunteers) from all suits, actions, losses, damages, claims, or liability of any character, type or description, including without limiting the generality of the foregoing all expenses of litigation, court costs, and attorney's fees for injury or death to any person, or damage to any property, received or sustained by any person or persons or property, arising out of or occasioned by, directly or indirectly, a) your use and access of the Service(s), or b) a breach of these Terms. It is your and HADR's expressed intention that the indemnity provided for in this paragraph is designed and intended to protect HADR (and its officers, board of directors, agents and/or volunteers) from the consequences of any attack, behavior, damage, or other action by any HADR dogs, and from the consequences of any act or omission or negligence on the part of rescuer or HADR, in providing care for any HADR dogs, use and access of the service, breach of these terms, participation in a volunteer capacity with HADR, or in failing to provide timely or adequate warning to any person concerning any HADR dogs.
Limitation Of Liability
In no event shall Houston Area Doberman Rescue, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service(s); (ii) any conduct or content of any third party on the Service(s); (iii) any content obtained from the Service(s); and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service(s) is at your sole risk. The Service(s) is provided on an "AS IS" and "AS AVAILABLE" basis. The Service(s) is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance. Houston Area Doberman Rescue, its subsidiaries, affiliates, agents, and its licensors do not warrant that a) the Service(s) will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service(s) is free of harmful components; or d) the results of using the Service(s) will meet your requirements.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you. Should this occur, the remaining Terms and Conditions, warranties, and limits of liability will remain in full force.
These Terms shall be governed and construed in accordance with the laws of Texas, United States, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms and Conditions at any time. If a revision is material, we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service(s) after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service(s).
We may employ third party companies, contractors and individuals to facilitate our Service(s) ("Service Providers"), to provide either in full or partial, the Service(s) on our behalf, to perform Service-related services or to assist us in analyzing how our Service(s) is used. These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
Links to Other Sites
Our Service does not address anyone under the age of 18 ("Children"). We do not knowingly collect personally identifiable information from anyone under the age of 18. If you are a parent or guardian and you are aware that your child has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.
Cancellation, Refunds, and Transfer Policy
All items, classes, adoptions, or any other intangible or real property are non-refundable. Houston Area Doberman Rescue may, at its discretion, opt to provide refunds in very rare situations and proof of incapacitation may be required, when applicable.
Houston Area Doberman Rescue will endeavor to create as safe an environment as possible for the training of your dog and will endeavor to offer only sound, safe and responsible training and instructions. Houston Area Doberman Rescue is not responsible for any unintentional errors, omissions, or incorrect assertions. Further, attendees will remain responsible for the actions of their dog at all times. Attendees understand that attendance of dog training classes is not without risk to themselves, members of their family, guests who may attend, or to their dog. Attendees hereby agree to indemnify and hold harmless Houston Area Doberman Rescue, it's officers, directors, instructors, agents, employees and/or representatives of any and all claims, or claims by any member of their family, or accompanying guests of theirs of injury, expense, costs or damages to themselves, their dog, any dog handlers or dogs both in class and out of class. Attendees guarantee they have read the above-stated provisions, and agree to accept those responsibilities. If you are unable to continue in your class for any reason other than illness or injury affecting yourself or your dog (documentation may be required), no refunds are available. Requests to cancel, refund, or transfer to another class will be reviewed on a case by case basis by management and a $25 administrative fee will apply if the transfer is approved. It may take up to sixty (60) days to process a refund.
Removal from Training
The Trainer, at his/her sole discretion, may remove a pet and/or owner from class if a hazard or threat of any nature to any other animal or person is present. No refund will be given under such circumstances.
Photography and Video Tape
Owner agrees that during the dog(s) time during a Service(s) at Houston Area Doberman Rescue, the owner, their family, their guests, or their dog(s) may be videotaped, photographed, referred to or recorded in any form by Houston Area Doberman Rescue or other persons approved by Houston Area Doberman Rescue. Houston Area Doberman Rescue shall be the exclusive owner to the results and all proceeds of such tapings, photography, reference and recording with the rights, throughout the world, an unlimited number of times in perpetuity, to copyright, to use and to license to others in any manner. Owner agrees that they, their family, their guests, or their dog(s) may be used in any form of promotion by Houston Area Doberman Rescue without notice, approval or payment to Owner.
Background and Motor Vehicle Report Checks
You agree not to disparage or denigrate HADR orally or in writing, and that neither you nor anyone acting on your behalf will publish, post, or otherwise release any material in written or electronic format, social media, television or print media, the press, make speeches, gain interviews, or make public statements that mentions HADR, its operations, adopters, fosters, volunteers, officers, board of directors, agents, dogs or services without the prior written consent of HADR.
No Warranties or Representations
You understand that HADR makes no warranties (express or implied), representations, or promises as to the health, physical condition, fitness, demeanor, breed, age, behavior, temperament, mental well-being, or medical well-being of any HADR dogs; or whether any HADR dogs have any propensity or tendency to attack, bite or scratch people or other animals; and there is no implied warranty of merchantability as to any HADR dog. You accept that any and all HADR dogs "as is" and with all faults. Further, you understand that a spayed/neutered dog can neither sire nor give birth to puppies. You understand that HADR (and its officers, board of directors, agents and/or volunteers) accept no responsibility if any HADR dogs should become ill or die, or should bite, scratch, injure, or cause the death of any person or animal or cause damage to property.
HADR (and its officers, board of directors, agents and/or volunteers) shall not be liable to you on any theory of legal liability including the sole or concurrent negligence of HADR (and its officers, board of directors, agents and/or volunteers), for any injury, death or damage directly or indirectly caused by volunteering, fostering, registering to attend any event, purchasing any product, adopting a dog, using our web site, participating in dog training, or any other unlisted opportunity which applies under the charter of this corporation. You hereby release HADR (and its officers, board of directors, agents and/or volunteers) from any and all liability, claims, suits, demands, or causes of action which may arise out of or be brought against HADR (and its officers, board of directors, agents and/or volunteers). It is the expressed intention of you and HADR that the release provided for in this paragraph is designed and intended to protect HADR (and its officers, board of directors, agents and/or volunteers) from the consequences of any attack, behavior, or other action by any HADR dog, and from the consequences of any act or omission or negligence on the part of HADR (and its officers, board of directors, agents and/or volunteers) in volunteering, fostering, registering to attend any event, purchasing any product, adopting a dog, using our web site, participating in dog training, or any other unlisted opportunity which applies under the charter of this corporation, or in failing to provide timely or adequate warning to any person concerning any HADR dogs.
Promises, Covenants, and Agreements
You further promise, covenant and agree:
(a) Any default or violation of any provision of these Terms or Conditions or any breach of any term of these Terms or Conditions shall be considered a material breach of these Terms or Conditions.
(b) That the breach by you of these Terms or Conditions would damage HADR in a way that could not be adequately compensated by monetary damages.
The parties therefore agree that:
(a) In the case of any such breach by you, you shall immediately return any HADR dogs you may be interacting with, cease volunteering, fostering, registering to attend any event, purchasing any product, adopting a dog, using our web site, participating in dog training, or any other unlisted opportunity which applies under the charter of this corporation. In the event of such breach, HADR shall have the immediate right to reclaim and take possession of an HADR dog from you and you hereby agree that upon such breach, they shall, upon demand by HADR either in writing or in person, immediately surrender possession of the Dog to a representative of HADR.
(b) The breach or threatened breach by you of these Terms or Conditions may appropriately be restrained by a temporary restraining order or an injunctive order for you, granted by a court of appropriate jurisdiction.
(c) The actual damages that might be sustained by HADR by reason of the breach by you of these Terms or Conditions are uncertain and would be difficult of ascertainment, and that, in addition to the injunctive relief agreed to above, the sum of $100 would be reasonable compensation for such monetary damages, excluding attorney's fees which are to be paid 3. You hereby promise to pay, and HADR hereby agrees to accept, such sum as liquidated damages, and not as a penalty, in the event of such breach.
(d) These Terms or Conditions shall be governed and construed in accordance with the laws of the State of Texas; and that any disputes between the parties to this these Terms or Conditions concerning the subject matter of this these Terms or Conditions shall be submitted for resolution in Harris County, Texas.
Mediation and Arbitration
If a dispute arises from or relates to these Terms or Conditions or the breach thereof, and if the dispute cannot be settled through direct discussions, the parties agree to endeavor first to settle the dispute by mediation administered by a mediator meeting the requirements of the Texas Civil Practice and Remedies Code §154.052 or be credentialed by the Texas Mediator Credentialing Association (TMCA) before resorting to arbitration. The parties further agree that any unresolved controversy or claim arising out of or relating to this these Terms or Conditions, or breach thereof, shall be settled by arbitration in accordance with Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
Claims shall be heard by a single arbitrator qualified to practice in the State of Texas.
The place of arbitration shall be Houston, Texas.
The arbitration shall be governed by the laws of the State of Texas.
Each party will, upon written request of the other party, promptly provide the other with copies of all relevant documents. There shall be no other discovery allowed.
In making determinations regarding the scope of exchange of electronic information, the arbitrator(s) and the parties agree to be guided by The Sedona Principles, Third Edition: Best Practices, Recommendations & Principles for Addressing Electronic Document Production.
Hearings will take place pursuant to the standard procedures of the Commercial Arbitration Rules that contemplate in-person hearings.
Time is of the essence for any arbitration under this these Terms or Conditions and arbitration hearings shall take place within 30 days of filing and awards rendered within 45 days. Arbitrator(s) shall agree to these limits prior to accepting appointment.
The arbitrators will have no authority to award punitive or other damages not measured by the prevailing party's actual damages, except as may be required by statute.
The arbitrator(s) shall not award consequential damages in any arbitration initiated under this section.
Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount.
The arbitrator(s) shall award to the prevailing party, if any, as determined by the arbitrators, all of his or her costs and fees. "Costs and fees" mean all reasonable pre-award expenses of the arbitration, including the arbitrators' fees, administrative fees, travel expenses, out-of-pocket expenses such as copying and telephone, court costs, witness fees, and attorneys' fees.
The award of the arbitrators shall be accompanied by a reasoned opinion.
Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.
The parties agree that failure or refusal of a party to pay its required share of the deposits for arbitrator compensation or administrative charges shall constitute a waiver by that party and will allow for a default judgment against the non-paying party.