Affirmative Consent Clause Samples
The Affirmative Consent clause defines the requirement that all parties involved must actively and explicitly agree to a particular action or arrangement, rather than relying on silence or passive acceptance. In practice, this means that consent must be communicated clearly, such as through a written or verbal statement, and cannot be assumed from a lack of objection or from previous conduct. This clause ensures that all parties are fully aware and in agreement before proceeding, thereby reducing misunderstandings and providing clear evidence of mutual consent.
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Affirmative Consent. Affirmative Consent must be voluntary, and given without coercion, force, threats, or intimidation. It is the responsibility of each person involved in the sexual activity to ensure Affirmative Consent has been obtained from the other participant(s) prior to engaging in the sexual activity. Affirmative Consent means an agreement to engage in sexual activity that is: ◦ Informed, ◦ Affirmative, ◦ Conscious, ◦ Voluntary, and ◦ Mutual. ◦ Lack of protest or resistance does not mean there is Affirmative Consent. ◦ Silence does not mean there is Affirmative Consent. ◦ The existence of a dating or social relationship between those involved, or the fact of past sexual activities between them, should never by itself be assumed to be an indicator of Affirmative Consent. ◦ A request for someone to use a condom or birth control does not, in and of itself, mean there is Affirmative Consent. ◦ Affirmative Consent can be withdrawn or revoked. Consent must be ongoing throughout a sexual activity and can be revoked at any time, including after sexual activity begins. Once consent is withdrawn or revoked, the sexual activity must stop immediately. Consent to one form of sexual activity (or one sexual act) does not constitute consent to other forms of sexual activity. Consent given to sexual activity on one occasion does not constitute consent on another occasion. • Incapacitation Affirmative Consent cannot be given by a person who is incapacitated. A person is unable to consent when asleep, unconscious, or incapacitated due to the influence of drugs, alcohol, or medication so that the person could not understand the fact, nature, or extent of the sexual activity. A person is incapacitated if the person lacks the physical and/or mental ability to make informed, rational decisions. A person with a medical or mental disability may also lack the capacity to give consent. Whether an intoxicated person (as a result of using alcohol or other drugs) is incapacitated depends on the extent to which the alcohol or other drugs impact the person's decision-making ability, awareness of consequences, and ability to make informed judgments. A person's own intoxication or incapacitation from drugs or alcohol does not diminish that person's responsibility to obtain Affirmative Consent before engaging in sexual activity. Sexual activity with a minor (a person under 18 years old) is not consensual, because a minor is considered incapable of giving consent due to age. It shall not be a valid exc...
Affirmative Consent. You understand and intend that your affirmative consent shall operate as your original signature. You also acknowledge that you have read this agreement and have printed or downloaded a copy for your records. You further acknowledge that you can access, receive and retain electronic communications in the formats we use, and affirmatively consent to the receipt of electronic and accept the terms of this agreement in conjunction with our Deposit Account Agreement and
Affirmative Consent. Because C2FO operates principally on the internet, you will need to consent to receive communications and transact business with us online and electronically. This section informs you of your rights when receiving notices, disclosures, documents, reviews, analyses, information, communications, or other materials (collectively “Communications”) from us electronically. By accessing this Website, you certify that you understand the requirements stated herein and consent to transact business electronically. You hereby agree that we may, at our sole discretion, deliver all Communications concerning you, your business, or C2FO, including, without limitation, information, required or permitted to be provided to you and/or your business under this User Agreement or any other agreement between you and/or your business and C2FO by means of email, posting on the Website, or other means of electronic communication. You will keep us informed of any change in you or your business’s email or mailing address so that you can continue to receive all Communications promptly. You have the right to receive a free paper copy of any Communication by contacting us in the manner described below. You may withdraw your consent to receive Communications electronically by contacting us in the manner described below. However, you acknowledge that we may continue to deliver Communications electronically to you after you withdraw consent that are either 1) relevant to our concluding any transactions that occurred while you were a User, or 2) required by law. The withdrawal of your consent will not affect the legal validity and enforceability of any business transacted between us prior to the time you withdraw your consent, including this User Agreement or any other agreements. Any other further Communications after you withdraw consent, including Communications will be sent by mail to the business address provided or by other non-electronic means. We may discontinue providing electronic Communications at any time in our sole discretion. If you withdraw your consent to receive Communications electronically, we will confirm your withdrawal and its effective date in writing by email.
Affirmative Consent. You agree that you have reviewed an electronic version of this agreement, and that you will abide by all terms and conditions contained therein at all times. If you do not have access to print a copy of this agreement, you may request a copy by contacting any of our Midwest Bank offices.
Affirmative Consent. You expressly provide your affirmative consent to modify the Price as described in the Change in Law provision in Section 5 of the General Terms and Conditions below. Cost Components. For each of the items listed as ''Passed Through'' below, this means that you will be charged the costs associated with the line item in accordance with the definitions of each item in Section 1 Definitions of the General Terms and Conditions. If a cost component below is listed as ''Included in Price subject to Change in Law'' then such cost(s) are included in the contract price(s) in the Account Schedule below and are only subject to change if there is a change in law as described in Section 5 of the General Terms and Conditions below.