Fill and Sign the Agreement Funeral Home Form

Agreement between Funeral Home and Crematory for Cremation Services Agreement made on the _________________ (date) , between ________________________ (Name of Crematory ) , a corporation organized and existing under the laws of the state of ________________, with its principal office located at _____________________________________________________________ ____________ (street address, city, state, zip code) , referred to herein as Crematory , and ______________________ (Name of Funeral Home) , a corporation organized and existing under the laws of the state of ________________, with its principal office located at _____________________________________________________________ _____________ (street address, city, state, zip code) , referred to herein as Funeral Home . Whereas, Funeral Home desires for certain crematory services to be performed by Crematory pursuant to the terms of this Agreement, said services to involve cremation services for Funeral Home's customers whose remains are to be cremated; Now, therefore, for and in consideration of the mutual covenants contained in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Services to be Performed. The parties agree to perform the services enumerated below for the mutual benefit of each other and to be bound by the conditions and terms of this Agreement. A. Crematory's Duties and Obligations 1. Crematory will provide cremation authorization forms, marketing materials, brochures, disposal information and price information, and any other supporting information required by Funeral Home for use in selling the services of Crematory to customers who have chosen cremation. 2. Crematory will use an acceptable identification procedure for the human and cremated remains, perform the cremation services, process the cremated remains and package the cremated remains in a temporary cremation urn (the urn ). Crematory will return the urn to Funeral Home, unless directed otherwise by Funeral Home or the family. 3. Crematory will comply with all federal, state, local and ethical requirements applicable to handling the human remains, providing the cremation services and returning the urn. 4. Crematory will list Funeral Home on its insurance policy and provide a certificate of insurance to Funeral Home. B. Funeral Home's Duties and Obligations 1. Funeral Home will use Crematory's authorization form completed by a customer legally authorized to make decisions for the deceased and to authorize cremation. 2. Funeral Home will establish an identification process and have the customer or their designee identify the human remains prior to transporting them to Crematory. 3. Funeral Home will inform the customer about the cremation process, the federal, state, and local legal requirements and disposition of cremated remains alternatives. 4. Funeral Home will comply with all federal, state, local, and ethical requirements applicable to handling the human remains, marketing the cremation services, transporting the human remains to Crematory, returning the urn to the customer or complying with the customer's direction for disposition of the cremated remains. 5. Funeral Home shall have the right to inspect the business offices of Crematory and the crematory retort without notice at any time and to review Crematory records for the cremation of its customers upon request and at reasonable times. 6. Funeral Home will list Crematory on its insurance policy and provide a certificate of insurance to Crematory. 2. Payment. Funeral Home shall be responsible for collecting and remitting the full contract amount to Crematory along with the human remains, and copies of the cremation authorization, disposition of cremated remains form, and copies of the deceased's death and cremation certificates. Crematory will not cremate the human remains until it receives these items and payment. 3. Term and Cancellation. This Agreement shall automatically renew on its anniversary date unless terminated in writing at least _____ (number) days prior to that date by either of the parties. This Agreement may also be terminated by Crematory or Funeral Home, upon ______ (number) days' written notice, in the event of the failure or Crematory or Funeral Home to comply with its duties and obligations, provided, however, that upon such termination, the provisions dealing with limitation of liability and certificates of insurance will remain in force for the periods indicated. 4. Limitations of Liability. Crematory and Funeral Home agree to indemnify, defend, and hold harmless each other and their officers, agents and employees of and from any and all claims, demands, causes of action and suits of every kind, nature and description, in law or equity, including legal fees, costs, and expenses of litigation, arising as a result or, based upon or connected to this Agreement, or the services to be provided under this Agreement. 5. Severability The invalidity of any portion of this Agreement will not and shall not be deemed to affect the validity of any other provision. If any provision of this Agreement is held to be invalid, the parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungement of the invalid provision. 6. No Waiver The failure of either party to this Agreement to insist upon the performance of any of the terms and conditions of this Agreement, or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as subsequently waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. 7. Governing Law This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of _______________. 8. Notices Any notice provided for or concerning this Agreement shall be in writing and shall be deemed sufficiently given when sent by certified or registered mail if sent to the respective address of each party as set forth at the beginning of this Agreement. 9. Attorney’s Fees In the event that any lawsuit is filed in relation to this Agreement, the unsuccessful party in the action shall pay to the successful party, in addition to all the sums that either party may be called on to pay, a reasonable sum for the successful party's attorney fees. 10. Mandatory Arbitration Any dispute under this Agreement shall be required to be resolved by binding arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect. 11. Entire Agreement This Agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated in this Agreement. 12. Modification of Agreement Any modification of this Agreement or additional obligation assumed by either party in connection with this Agreement shall be binding only if placed in writing and signed by each party or an authorized representative of each party. 13. Assignment of Rights The rights of each party under this Agreement are personal to that party and may not be assigned or transferred to any other person, firm, corporation, or other entity without the prior, express, and written consent of the other party. 14. Counterparts This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute but one and the same instrument. 15. In this Agreement, any reference to a party includes that party's heirs, executors, administrators, successors and assigns, singular includes plural and masculine includes feminine. WITNESS our signatures as of the day and date first above stated. ___________________________ ________________________ (Name of Crematory) (Name of Funeral Home) By:____________________________ By:_______________________________ ___________________________ _________________________ (P rinted name & Office in Corporation) (P rinted name & Office in Corporation ___________________________ _________________________ (Signature of Officer) (Signature of Officer)