In furtherance of the Creed of Ideals of the Texas Cemeteries Association, which among other things calls upon its members “to elevate the ethical standards of the industry and to foster a greater respect for the industry by honest and sincere dealing,” the following sales presentations and practices are hereby prohibited:
1. Any presentation in such language or manner as to lead the prospect to believe the interment space or rights offered are being given to him and the money he would pay would go into the card fund, whenever this is not the fact.
2. Any representation that the interment space or rights, merchandise or services are offered at special price to the prospect only, or for a limited period time only, whenever this is not the fact.
3. Any offer of a discount on the price for interment space or rights, merchandise or services, whenever the price of such space, merchandise or services has been increased to cover such an alleged discount.
4. Any representation that the prospect is being offered a free gift or monetary advantage by purchasing interment space or rights and promising to resell same at an advance which would provide or produce the alleged gift amount or monetary advantage.
5. Any guarantee or representation that the sale price of the interment space or rights offered, or in the section where it is located, would be above the price paid at some future period of time, with any form of promise to assist in the resale of same whereby the purchaser would realize a profit.
6. Any offer to sell interment space or rights, which is accompanied by a promise to resell such space in the future at a profit.
7. Any sale of merchandise or services for future delivery without adequate reserves or trust funds to guarantee such dealing when required. (Lending one’s property or name to the sale of merchandise or services for future delivery is deemed the equivalent of the sale of same.
8. Any offer of free interment space or rights, merchandise, or services (hereinafter referred to as “free goods”) either in a drawing or lottery, or offer of free goods to any organization, group, or person, when accompanied by failure to disclose any material fact or condition of the offer such as a requirement that any other interment space or rights, goods or services be purchased; increasing the price of any other interment space or rights, goods or services sold over and above their regular price to compensate for the free goods; misrepresenting that the cemetery is connected with any government agency; or any other misrepresentation or dishonest or unethical practice.
9. Any denial of responsibility by the owner or operator for the representations and practices of the sales organization selling his property.
10. Any sales presentations or practice, which conceals or misstates a material fact, is unethical and tends to bring the particular property and the industry into disrepute and is, therefore, in violation of the Code of Ethics.
11. Any failure to comply with the terms of the sales contracts, or state or local law requirements, with respect to irrevocable permanent care, and failure to comply with any other applicable laws and regulations relating to cemeteries, and other business requirements.