Legal MCAN Consent Form

LEGAL MCAN CONSENT FORM

This MCAN Consent Agreement (the "Agreement") is made and entered as of by and between Client Name: with primary address: (hereinafter "Client"), and Authorized Entity Name: with primary address: (hereinafter "Recipient"). Each of Client and Recipient may be referred to individually as a "Party" and collectively as the "Parties."

RECITALS

WHEREAS, Recipient provides account, transactional, informational and promotional communications across multiple communication channels and requires Client consent to transmit communications using automated systems, prerecorded messages and text messaging (collectively, "MCAN Communications");

WHEREAS, Client desires to receive MCAN Communications from Recipient and acknowledges that such communications may include account notices, billing information, service updates, and marketing messages; and

WHEREAS, the Parties desire to set forth the scope, limitations and conditions of Client's consent to MCAN Communications.

NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the Parties agree as follows:

1. DEFINITIONS

1.1 "MCAN Communications" means voice calls (live or automated), prerecorded messages, short message service (SMS), multimedia messaging service (MMS), push notifications, and electronic mail as authorized by Client below.

1.2 "Contact Numbers/Addresses" means the cellular telephone numbers, landline numbers, email addresses and other identifiers provided by Client to Recipient in this Agreement or subsequently updated in accordance with Section 8 (Notices).

2. SCOPE OF CONSENT

2.1 Consent. Client expressly consents to Recipient sending MCAN Communications to the Contact Numbers/Addresses provided. Consent includes communications using automated dialing equipment, artificial or prerecorded voice messages, and text messages, whether for account management, transactional purposes, or promotional communications, unless limited by Client in Section 3.

2.2 Means of Contact: Client selects the following authorized channels (check all that apply):

Voice calls (including automated and prerecorded)
SMS / Text messaging (including MMS)
Email
Push notifications

3. CONTACT INFORMATION

4. PURPOSES OF MCAN COMMUNICATIONS

4.1 Client authorizes Recipient to use MCAN Communications for one or more of the following purposes (check all that apply): account notices and updates, billing and payment reminders, fraud detection alerts, service scheduling, customer service follow-up, marketing and promotional offers. Client acknowledges that Recipient may combine purposes in a single communication.

Account notices and updates
Billing and payment reminders
Fraud detection and security alerts
Marketing and promotional offers

5. REPRESENTATIONS AND WARRANTIES

Client represents and warrants that: (a) Client is the subscriber, customary user, or otherwise authorized user of the Contact Numbers/Addresses provided; (b) Client has the legal capacity to provide this consent; and (c) the Contact Numbers/Addresses are accurate and up to date. Client agrees to promptly notify Recipient of any changes in contact information as set forth in Section 8.

6. REVOCATION, OPT-OUT, AND LIMITATIONS

6.1 Revocation. Client may revoke consent at any time by providing written notice to Recipient in accordance with Section 8 (Notices). Revocation will be effective after Recipient has had a reasonable period to process the request. Revocation does not affect the lawfulness of communications made prior to processing.

6.2 Opt-Out by Channel. If Client opts out of a specific channel (e.g., SMS), Recipient may continue to use other authorized channels unless revoked. Calls or messages necessary for safety, fraud prevention, or mandatory account notifications may be sent notwithstanding an opt-out for promotional messages.

7. THIRD-PARTY RECIPIENTS AND DATA SHARING

Client authorizes Recipient to share Contact Numbers/Addresses and relevant account information with third-party service providers, agents, or affiliates to facilitate MCAN Communications. Recipient shall require such third parties to adhere to reasonable confidentiality and security obligations. Recipient is not liable for acts of third parties when such parties act in accordance with Recipient's instructions and this Agreement.

8. NOTICES

All notices, requests, consents and other communications required or permitted under this Agreement shall be in writing and delivered to the addresses set forth below (or such other address as either Party may designate by notice pursuant to this Section).

9. LIMITATION OF LIABILITY; INDEMNIFICATION

9.1 Limitation of Liability. Except for willful misconduct or gross negligence, neither Party shall be liable for indirect, incidental, consequential, special or punitive damages arising from MCAN Communications, even if advised of the possibility of such damages.

9.2 Indemnification. Client agrees to indemnify, defend and hold harmless Recipient and its officers, directors, employees, agents and affiliates from and against any and all claims, liabilities, losses, damages, costs and expenses (including reasonable attorneys' fees) arising out of Client's breach of this Agreement or Client's provision of false or unauthorized Contact Numbers/Addresses.

10. GOVERNING LAW; SEVERABILITY; ENTIRE AGREEMENT

10.1 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the state specified by Recipient below, without regard to its conflict of laws principles.

10.2 Severability. If any provision of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, and the remaining provisions shall remain in full force and effect.

10.3 Entire Agreement. This Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, proposals and communications, whether written or oral, relating to the same subject matter.

11. AMENDMENT; WAIVER; COUNTERPARTS

11.1 Amendment. No amendment or modification of this Agreement shall be effective unless in writing and signed by both Parties.

11.2 Waiver. No failure or delay by either Party in exercising any right under this Agreement shall operate as a waiver of that right.

11.3 Counterparts. This Agreement may be executed in counterparts, each of which when executed shall be deemed an original and all of which together shall constitute one and the same instrument.

12. ADDITIONAL CLIENT ACKNOWLEDGEMENTS

Client acknowledges that standard message and data rates from Client's carrier may apply to SMS or MMS messages and that Recipient is not responsible for such charges. Client further acknowledges that accepting MCAN Communications is voluntary and that certain mandatory account-related communications may be transmitted irrespective of marketing opt-outs, as described in Section 6.

CERTIFICATION

By signing below, Client certifies under penalty of perjury that the information provided in this Agreement is true and correct, that Client has authority to provide the Contact Numbers/Addresses listed, and that Client knowingly and voluntarily consents to receive MCAN Communications as specified herein.

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