Cremation Services Contract

CREMATION SERVICES CONTRACT

This Cremation Services Contract (the "Contract") is entered into on by and between Service Provider: , Address: and Client Name: , Address: .

RECITALS

WHEREAS, the Client has the legal authority to direct disposition of the human remains of the decedent herein described and seeks to engage the Service Provider to perform cremation services in accordance with applicable law, regulation and this Contract;

WHEREAS, the Service Provider represents that it is duly licensed, equipped and qualified to perform cremation and related services and will perform such services in a professional manner consistent with industry practice;

WHEREAS, the parties desire to set forth the terms and conditions under which the Service Provider shall take custody of the decedent, perform cremation services and deliver or otherwise dispose of cremated remains.

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

1. DECEDENT AND AUTHORIZATION

Decedent Name: Date of Birth: Date of Death: Place of Death:

Client represents and warrants that Client has the legal right and authority to direct cremation of the decedent and to enter into this Contract. Client certifies their capacity by checking one or more of the following:

Next of kin    Legal representative / Executor    Authorized agent under power of attorney

2. DEFINITIONS

For purposes of this Contract, "Cremation" means the process by which human remains are reduced to bone fragments by intense heat and evaporation. "Remains" means the decedent's body and all personal effects retained with the body at the time of cremation. "Authorized Agent" means the individual or entity identified by Client with legal authority to direct disposition.

3. DESCRIPTION OF SERVICES

The Service Provider shall perform the following services in accordance with applicable law: receipt and custody of the decedent, preparation for cremation, cremation, processing of cremated remains, and release or disposition of ashes as directed.

Witnessed cremation or viewing prior to cremation is available if arranged in advance. Witnessed cremation: Yes    Viewing prior to cremation: Yes

4. DISPOSITION OF CREMATED REMAINS

Client directs disposition as follows (select one or more and provide instructions): Return to Client for private disposition: ; Scatter according to instructions: ; Interment in cemetery: ; Transfer to alternate recipient:

5. IDENTIFICATION, PERSONAL PROPERTY, AND MEDICAL DEVICES

Client shall provide proper identification and shall disclose and deliver to Service Provider all personal property and medical devices with decedent at time of delivery. Service Provider shall make reasonable efforts to identify and preserve personal effects. Service Provider's obligation for personal effects is limited to reasonable care; Client shall remove valuables prior to delivery if possible.

Medical devices and implants: Service Provider may remove implanted devices and prostheses that may damage the cremation chamber. Client elects: Dispose of removed devices by Service Provider; Return removed devices to Client if requested and safe.

6. CREMATION PROCESS, RETENTION OF ASHES, AND CERTIFICATION

The Service Provider will perform cremation in a facility and in a manner consistent with applicable law. Prior to cremation the Service Provider will affix a permanent identification tag or number to the remains and maintain chain of custody. After cremation, bone fragments will be processed and placed in a container or urn as directed. A Certificate of Cremation shall be issued upon completion.

7. REPRESENTATIONS, WARRANTIES AND AUTHORIZATIONS

Client represents and warrants that all information provided is true and correct, that Client has the legal right to authorize cremation, and that Client will indemnify and hold harmless the Service Provider against any claims arising from Client's misrepresentation of authority or instructions. Client expressly authorizes Service Provider to cremate the decedent and to dispose of medical waste in accordance with law.

8. LIMITATION OF LIABILITY

Service Provider's liability for any claim arising out of or relating to this Contract or the performance hereunder shall be limited to direct damages up to the total amount of fees actually paid by Client to the Service Provider for services under this Contract. In no event shall Service Provider be liable for incidental, consequential, punitive or exemplary damages except for willful misconduct or gross negligence proven in a court of competent jurisdiction.

9. PAYMENT AND REFUNDS

10. RECORDS AND DEATH CERTIFICATE

Service Provider may retain copies of legal documents required for cremation, including death certificates and authorization forms. Client shall indicate who will obtain certified copies of the death certificate:

11. NOTICES

All notices required or permitted under this Contract shall be in writing and shall be deemed given when delivered in person, sent by certified mail, or delivered by a nationally recognized overnight courier to the addresses provided above.

12. GOVERNING LAW; ENTIRE AGREEMENT; SEVERABILITY

This Contract shall be governed by and construed in accordance with the laws of the state in which the Service Provider's facility is located, without regard to its conflicts of law principles. This Contract contains the entire agreement between the parties with respect to its subject matter and supersedes all prior negotiations and agreements. If any provision of this Contract is held invalid, illegal or unenforceable, the remaining provisions shall remain in full force and effect.

13. AMENDMENT; WAIVER; COUNTERPARTS

This Contract may be amended only by a written instrument signed by both parties. Waiver of any breach or default shall not constitute a waiver of any subsequent breach. This Contract may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument.

14. INDEMNIFICATION

Client shall indemnify, defend and hold harmless Service Provider, its officers, employees and agents from and against any and all claims, liabilities, losses, damages, costs and expenses (including reasonable attorney fees) arising out of Client's breach of this Contract, misrepresentations regarding authority to authorize cremation, or wrongful instructions for disposition.

15. MISCELLANEOUS PROVISIONS

Time is of the essence with respect to Client's payment obligations. Client acknowledges that cremation is an irreversible process and releases Service Provider from liability for outcomes inherent in the cremation process except as set forth in this Contract.

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