GUIDELINES & POLICIES

Highland Cemetery reserves the right to compel all persons coming into the Cemetery to obey all Rules and Regulations adopted by the Highland Cemetery.

Highland Cemetery expressly disclaims all responsibility for loss or damage from causes beyond its reasonable control, and specifically, but not by way of limitation, from loss or damage caused by the elements, an act of God, common enemy, thieves, assailants, vandals, strikers, malicious mischief makers, explosion, unavoidable accident, invasion, insurrection, riot, government act or regulation or order of any military or civil authority, whether the loss or damage be direct or indirect.

Highland Cemetery reserves and shall have the right to correct any errors that may be made by it in making interments or exhumations; or sales, transfers, or conveyance of Interment Rights, including the right to substitute and convey in lieu thereof other Interment Rights of comparable value and similar location (to the extent possible) as may be selected by Highland Cemetery. Highland Cemetery, in its sole discretion, may refund the amount paid on account of the purchase of the interment rights, merchandise or services to which the error relates. In the event such error shall involve the interment of remains in an incorrect location, Highland Cemetery reserves and shall have the right to exhume and inter such remains to the correct location or to a similar location of comparable value, as may be selected by Highland Cemetery. Highland Cemetery shall have no liability as a result of any errors of the type described in this paragraph other than its obligation to take the remedial actions described in this paragraph.

Highland Cemetery reserves the right to enlarge, reduce, replace or change the boundaries or grading of the Cemetery or of a section or sections thereof, from time to time, including the right to modify or change the locations of, or remove or re-grade, features, roads, drives, trees, shrubs, flowers, landscaping and thoroughfares. Highland Cemetery reserves the right to lay, maintain, operate, alter or change pipelines, ditches, berms or gutters for irrigation, drainage and water impoundment as well as the right to use the Cemetery property, not sold for internment, for Cemetery purposes.

Highland Cemetery shall have sole and exclusive authority with respect to the planting, sodding, surveying and improvements within the Cemetery.

No persons, other than the duly authorized employees, volunteers or agents of Highland Cemetery, shall be allowed to perform any work within the Cemetery without authorization of Cemetery management, and any such work so authorized shall be subject to all provisions contained therein pertaining to such activity.

If any tree, shrub or plant, by means of its roots, branches or otherwise, becomes detrimental to the interment space upon which it stands or to any adjacent interment spaces or roadway, or if for any other reason its removal is deemed necessary, Highland Cemetery shall have the right to remove such tree, shrub or plant, or any part thereof, or otherwise correct the condition existing as in its judgment it deems best. In the event of any such removal, the Cemetery shall have no obligation to replace the removed tree, shrub or plant.

Highland Cemetery is private property. No person shall be permitted to enter or leave the Cemetery except by the public entrance on South Highland Drive during such hours as are specified and posted. No visitation is permitted before sunrise or after dusk. Gates at the South Highland Drive entrance to the property typically remain open and are in no way an indication of Cemetery visitation hours. All other entrances to the property are strictly reserved for use by maintenance and during special occasions expressly approved by Highland Cemetery.

Any person entering the Cemetery other than during visiting hours, without prior authorization from Cemetery management, will be considered a trespasser.

All areas beyond the marked Cemetery grounds—wooded or otherwise—remain the private property of the relevant landowner(s). Trespass upon these areas for any reason is expressly forbidden.

Upon entering the Cemetery grounds, all funeral activities, including funeral processions, shall be subject to the direction of a duly authorized representative of the Cemetery (typically the Funeral Director or Funeral Home in charge of the service).

All visitors are expected to behave at all times in a manner respecting the quiet and good order of the Cemetery.

Political gatherings, protests, commercial events, social events other than memorials, and all other non-funeral public gatherings are expressly prohibited on the private grounds of the Cemetery without the express consent of Highland Cemetery. Highland Cemetery Trust reserves the sole right to expel and/or ban unruly or non-compliant visitors under applicable local, state and federal law.

Highland Cemetery maintains a strict zero-tolerance policy for protests or other activities that interrupt or exploit burials and memorials held on cemetery grounds regardless of the intended purpose, message, or affiliation of the protesting party(ies), and reserves the right to take whatever measures deemed necessary at the sole discretion of the Cemetery and relevant law enforcement to protect the privacy and dignity of the Cemetery, the interred, and all rightful visitors.

No dogs or other domestic animals, except trained and designated service animals in the active support of a cemetery visitor, shall be permitted in the Cemetery.

The possession or consumption of illegal drugs or alcoholic beverages within the Cemetery is strictly forbidden. Visitors are asked to respect the solemnity of the grounds and the health of all visitors by refraining from smoking, using electronic vapor devices, or consuming tobacco products in close proximity to other visitors.

No wheeled or motorized vehicles other than personal mobility devices used by those reasonably requiring such assistance shall be driven on any surface other than designated roads or parking areas. All wheeled or motorized vehicles shall be operated responsibly and at safe speeds.

All wheeled or motorized vehicles shall park in designated areas as directed by Cemetery management or their appointed representatives conducting funerals or other services. No vehicles shall remain on the property following the conclusion of funerals or other services.

The Cemetery is not responsible for theft or damage to any personal property, including artifacts, personal effects, etc., brought onto the property or placed on or near monuments or elsewhere in the Cemetery.

Except where otherwise expressly permitted by the Cemetery management for the purpose of maintenance and safety, it is strictly forbidden to hunt, trap, or to feed or disturb wildlife or other animals within the Cemetery.

No person shall remove any living plant or flower, either wild or cultivated, from any part of the Cemetery.

Tennessee law strictly forbids any one to break, mark or injure any tree or shrub or mar any landmark, marker or memorial or in any way deface the grounds of the Cemetery. All acts of vandalism will be reported to the relevant authorities.

Visitors are responsible for the removal and proper offsite disposal of their own waste items including flowers and other decorations removed from the graves of loved ones. To protect local wildlife, no waste receptacles are provided within the Cemetery.

No monument, including lot reservation markers, headstones, footstones, service plaques, flower containers, benches, boundary structures, and any other physical item serving as a memorial shall be delivered, placed, or installed in the Cemetery without the prior review and express approval of Highland Cemetery. Highland Cemetery reserves the right to approve or reject at its sole discretion any monument not meeting its standards and requirements.

Families and loved ones of those interred and/or memorialized in the Cemetery are strongly encouraged to submit plans for monuments for approval by Highland Cemetery before commissioning or purchasing such items. Highland Cemetery reserves the right to bill such parties for all costs related to removing unapproved monuments and repairing areas affected by the installation and removal of the monuments.

The Cemetery reserves the right to reject monuments, markers, flags and inscriptions deemed inappropriate, offensive or not in keeping with the general spirit and dignity of the Cemetery.

The Cemetery reserves the right to reject monuments that are not manufactured and/or installed with sufficient foundation, structure, material, design, or construction to reasonably ensure the monument remains safe, stable, and presentable over time. The Cemetery reserves the right to compel reasonable changes, improvements or repairs to monuments deemed by Highland Cemetery Trust to be at risk for failure. The owner(s) of interment rights for the space are solely responsible for all such repairs and modifications required by the Cemetery.

Families and descendants of the interred are solely responsible for the long-term survival and ongoing cleaning, repair, and maintenance of private monuments erected on grave sites. Highland Cemetery bears no responsibility for cleaning, repair or maintenance of monuments not owned by the Cemetery.

The Highland Cemetery Trust reserves the right to direct the appropriate placement, alignment and orientation of all monuments including headstones, footstones, service plaques, flower containers, and other such monuments.

Ground-mounted flowers and decorations including “shepherd hooks” and small statues will only be allowed on graves if they do not impede the safe and efficient mowing and maintenance of the space. Flowers and small ornaments firmly affixed to the headstones are allowed year-round.

No benches, seats, boxes, fences, stepping stones, ornaments, toys, glassware, flags, lights, bells, planters, or any items other than flower containers meeting the Cemetery’s specifications will be permitted to be placed on any grave, monument, or elsewhere within the Cemetery. The Cemetery may remove and dispose of any such items without notice.

Highland Cemetery is not responsible for preserving or storing items left on graves. Families wishing to keep decorative items placed on the graves of loved ones are strongly encouraged to remove all such items within a reasonable period of time.

Flowers and decorations removed from graves, must be removed from the Cemetery property for disposal. Please respect the sanctity of the Cemetery by helping keep the property and adjacent wooded areas free of discarded flowers and other decorations.

No flowers should remain on the burial site or mounted on stands, plastic vessels, hangers or any other display device other than the headstone itself beyond 14 days following the burial date. Flowers placed on the headstone or in appropriate container firmly affixed to the monument are allowed to be displayed on the headstone year-round.

All floral decorations, whether natural or artificial, shall be subject to the Cemetery’s decoration policies. The Cemetery may remove all floral designs (artificial or natural), flowers, weeds, tree, shrubs, or plants of any kind from the Cemetery as soon as, in the judgment of the Cemetery management, they become unsightly or diseased, are detrimental to the mowing and maintenance of the property, or if they do not conform to the Cemetery’s policies.

Mowing season typically runs from March 1 – October 31. All decorations and items not securely fixed to a headstone or in a vase attached to a monument are subject to removal to avoid damage or injury during mowing season. Middle Tennessee weather frequently produces high winds causing items to be blown from memorials and monuments. Once an item is blown from where it was originally placed, it is not possible for Cemetery maintenance to know where it belongs. Items blown from a memorial or monument can damage lawncare equipment and seriously injure staff and visitors. All visitors are asked take this into consideration and adhere to guidelines for the safety and consideration of all.

No trees, shrubs, or plants may be planted by anyone other than the Cemetery, except with the express written permission of the Cemetery. In the event any such planting is allowed, the Cemetery reserves the right to perform whatever maintenance it deems necessary to preserve the appearance of such landscaping, including complete removal of that landscaping if, in the sole opinion of the Cemetery, it should become unsightly.

Visitors and owners may not hire Cemetery employees or contractors nor pay them to perform any services. Cemetery volunteers shall serve at the sole direction of the Cemetery management.

Interment Rights–commonly called “burial rights” or “lots”—within the Cemetery shall be used for no purpose other than for the interment and/or memorialization of human remains. Purchase and/or ownership of interment rights to a space(s) within the Cemetery in no way conveys ownership or rights in any form to the associated real property.

A digital or printed Certificate of Interment Rights for each individual lot shall be issued to each Owner upon full payment of the purchase price of an Interment Right. Owners may request replacement Certificate(s) of Internment Rights for any lots owned and duly recorded with the Cemetery by contacting the cemetery at info@highlandsparta.com, (931) 781-1052, or P.O. Box 63656, Sparta, TN 38583. Certificate(s) of Internment Rights are issued at no cost to the owner.

Every Interment Right shall be subject to: (a) all applicable laws and regulations; (b) the Articles of Incorporation and other documents establishing the Cemetery; and (c) all rules and regulations adopted by the Cemetery, as now in force or as thereafter amended or adopted, whether or not as set forth herein. The Certificate of Interment Rights and these rules and regulations, and any amendments hereto, shall constitute the sole agreement between the Cemetery and the owner, and no statement of any sales agent or other Cemetery volunteer or manager to the contrary shall bind the Cemetery.

The person named in the certificate of interment rights issued and of record will be presumed to be the owner of the interment right unless the Cemetery approves in writing the transfer or assignment of ownership in accordance with these rules and regulations as they now exist or may hereafter be amended. All interment rights conveyed to the individuals shall, unless stated otherwise, be presumed to be the separate property of the owner named in the certificate of interment rights.

If an Owner dies without having transferred unused interment rights either by the Owner’s will or by a written direction furnished to the Cemetery, any such unused interment rights descend to the heirs at law of the owner in accordance with the laws of descent and distribution of the State of Tennessee, subject to the interment rights of the deceased and their surviving spouse. Where such a transfer of ownership results in multiple owners of any interment rights, each co-owner shall have the right to be interred in any interment space of the co-owners’ which has not been used at the time of that co-owner’s death, and the consent of the other co-owners shall not be required for any such interment; however, no co-owner may convey an interment right, or authorize the interment of anyone other than a co-owner, without the consent of all other co-owners of that interment right.

When there are two or more owners, they may designate one or more persons for the purpose of granting authorization for interment, memorialization, etc. with respect to the interment rights of such owners. Any such designation shall be made in writing and furnished to the Cemetery. In the absence of such designation, the Cemetery shall not be liable for acting on any direction of any co-owner, provided no other co-owner has notified the Cemetery of an objection prior to the Cemetery’s acting on such direction.

The sale or transfer of any Interment Right by any Owner shall not be binding upon the Cemetery unless such sale or transfer shall first be approved in writing by a duly authorized representative of the Cemetery and is in accordance with the rules and regulations. This procedure is required in order that the Cemetery may at all times have a complete and accurate record of all Owners. The Cemetery shall make available to Owners, upon request, necessary forms to affect any sale or transfer of Interment Rights.

Transfers of ownership shall be made upon payment of an administrative fee of $50.

Any and all transfers of any Interment Right, whether same be by conveyance, assignment or purchase agreement, are subject to all rules and regulations of the Cemetery, which now exist, or which may be hereafter enacted or amended.

The subdivision of Interment Rights or partition of interment spaces is not allowed without the written consent of the Cemetery. No conditional or partial transfer of Interment Rights and no sale or conveyance of an undivided interest therein, except to a person or persons who are already co-owners will be permitted.

All agreements for the purchase of Cemetery Interment Rights must be on forms approved and signed by an authorized representative of the Cemetery.

The Cemetery may, at its option, accept exchanges of Interment Rights when desired by owners, subject to prior written approval of an authorized representative of the Cemetery. When such an exchange is made, the original certificate of interment right must be surrendered to the Cemetery and/or the owner shall provide such other documentation as the Cemetery may require.

Removal of interred, entombed or inurned remains by heirs, owners or any other person having an interest in any interment rights, for the purpose of reselling the interment rights, is strictly prohibited.

Interment rights shall be purchased solely for the purpose of personal or family interment or the interment of the person designated by the certificate of interment rights, and not for purposes of speculation. The demand for, or receipt of, any compensation by an owner for allowing interment in an interment space with respect to which the owner owns interment rights is prohibited.

The Cemetery shall not be obligated to honor or abide by any agreement or provision contained in any purchase agreement, certificate of interment rights, or other document which limits or restricts the sale, use or ownership of interment rights in the Cemetery, or particular section thereof, to persons of a particular race, religion, social status, personal identity or national origin, if the Cemetery’s management, in its sole discretion, believes in good faith upon advice of legal counsel that such restriction is contrary to applicable law.

The certificate of internment rights (or digital/photo copies thereof) for the grave to be used should be provided to both the funeral home and the Cemetery when requesting to schedule an interment. Families without a copy of their certificate may request one to be issued by the Cemetery at no cost.

All Cemetery charges and fees for interment services, interment rights, and care and maintenance must be paid in full before an interment is made within the Cemetery.

All fees from exhumations must also be paid in advance.

The Cemetery must be provided with advance notice before an interment can be performed. Exceptions will be made only in cases of death from contagious disease or when so ordered by the authorized representatives of the Cemetery.

The Cemetery may postpone or reschedule a graveside or other interment service if, in the opinion of the Cemetery’s management, too many services are concurrently scheduled or because of inclement weather conditions, or because of other conditions beyond the control of the Cemetery.

As a condition to performing any exhumation, the Cemetery requires written authorization signed by the Owner and the deceased’s next-of-kin or their respective authorized representatives on a form approved by the Cemetery. All exhumations must be conducted in accordance with state and local law.

The Cemetery shall exercise due care in making exhumations, but shall assume no liability for damage to any remains, casket, outer burial receptacle, or urn in making a disinterment in accordance with written instructions of the Owner or their duly authorized representative(s). When an exhumation and re-interment is to be made from one grave to another grave and an outer burial container was not used for the original interment, an outer burial container meeting the Cemetery’s specifications must be furnished by the Owner or next-of-kin for the new interment.

No more than one human remains shall be interred in one interment space, unless specifically authorized in writing by the Owner and next-of-kin or their respective authorized representative(s) and the Cemetery.

No more than two cremated human remains may be interred in one interment space. Interment of additional cremated human remains in one interment space already occupied by (a) one set of human remains and one set of cremated human remains, or (b) two sets of cremated human remains, shall only be permitted with the purchase of additional interment rights at the current price set for such rights at the time of request.

The scattering or placement of cremated remains shall be permitted only with prior approval of the Cemetery and in compliance with all applicable laws.

All interments and exhumations within the Cemetery shall be performed only by authorized personnel.

The Cemetery may require that all persons attending an interment or exhumation remain at a safe distance (as determined by the Cemetery) from the interment space during the interment or disinterment process.

The Cemetery relies upon the identification of the deceased provided by the next-of-kin or authorized representatives, and shall have no obligation to independently establish or verify the identity of the remains to be interred.

The Cemetery shall not be liable for any delay in interment (i) where a protest to interment has been made, or (ii) which results from noncompliance with the Rules and Regulations of the Cemetery.