Fill and Sign the Business Law Funeral Service Law Ftc Ampamp Ethics Flashcards Form

Funeral Agreement with Authorization to Prepare a Decedent for Burial and a Guaranty of Payment Guaranty Agreement made on the ______________ (date), by ____________________ (Name of Guarantor) of ________________________________________________________ ___________________ (street address, city, county, state, zip code), referred to herein as Guarantor, in favor of _________________________ (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, county, state, zip code), referred to herein as Funeral Home.I. The undersigned Guarantor agrees hereby to authorize, and does hereby authorize, _____________________ (Name of Funeral Home) to take charge of and prepare the body of _____________________ (Name of Decedent), deceased, late of ______________________ _____________________________________ (street address, city, county, state, zip code),2. The undersigned Guarantor does hereby agree to pay to ______________________ (Name of Funeral Home) the sum of $______________ for funeral expenses, which is the correct total of the funeral expenses ordered and approved by me, such payment to be made on or before ______________ (date of payment).3. The presentation of a claim against the estate of _______________________ (Name of Decedent) shall in no way operate to relieve the undersigned of any liability under this Agreement. The undersigned _____________________ (Name of Guarantor) does hereby agree to pay to ________________________ (Name of Funeral Home) the full amount set forth above, at the time stated above, subject only to the deduction of such amount as shall have been actually received by ____________________________ (Name of Funeral Home) from the Estate of _________________________ (Name of Decedent) prior to the time provided for payments.4. SeverabilityThe 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. 5. 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. 6. Governing Law This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of _______________. 7. 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. 8.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. 9. Mandatory ArbitrationAny 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. 10. 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. 11. 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. 12. 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. 13. 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 my signature as of the day and date first above stated.________________________ (Printed Name) ________________________(Signature of Assignor)