Cremation Contract Terms & Conditions
CREMATION AUTHORIZATION FORM
Pacemaker Disclosure:
If the decedent’s remains contain a pacemaker or other hazardous device then I understand and acknowledge that all such devices must be removed prior to cremation and that Kramer Family Funeral Home, shall not be liable for any consequences resulting from the presence of such devices.
FINAL DISPOSITION OF CREMATED REMAINS AND UNCLAIMED PROPERTY
The Authorizing Agent must specify on the return link below the individual responsible for receiving cremated remains and personal property.
I understand nothing will be returned except the cremated remains, unless specified above. (Listing items does not mean they will be returned if they are not in the possession of your loved one). Personal property list is provided by the person filling out this form. Listing an item does not guarantee that we have it, and items will only be returned if they are available.
If the cremated remains or personal property are not claimed within 30 days, storage fees will accrue daily. Personal property will be disposed of after 30 days.
If remains are not claimed within 365 days, they will be considered abandoned and will be disposed of at the expense of the Authorizing Agent and disposed of in any manner Kramer Family Funeral Home deems appropriate including but not limited to burial, or scattering.
DEFINITION OF “KRAMER” AND AFFILIATED ENTITIES
For the purposes of this contract, the terms “Kramer” or “Kramer Family Funeral Home” shall be understood to collectively refer to and include all entities or now or in the future, specifically: Kramer Family Funeral Home, Kramer Family LLC, Kramer Family CO LLC, LKF Family LLC, and Kramer Crematory.
STATEMENT OF TRUTH AND INDUCEMENT FOR CREMATION
By signing this document, the undersigned, as the Authorizing Agent(s), hereby represent and warrant that all statements and representations made herein are true and correct to the best of their knowledge and belief. The undersigned further acknowledge that such statements have been made to induce Kramer Family Funeral Home and Kramer Crematory to proceed with the cremation of the human remains of the decedent. The undersigned confirm that they have read, understand, and agree to the terms and conditions set forth in this document.
NO VIEWING OR WITNESSING PERMITTED UNDER ANY CIRCUMSTANCES
Kramer Family Funeral Home, Kramer Family LLC, Kramer Crematory, and its subsidiaries DOES NOT provide or allow any viewing, witnessing, or any other form of interaction with the decedent after they are in our care. No exceptions will be made, regardless of any statements made by any representative of Kramer Family Funeral Home. Any prior verbal or written assurances made by any staff member, agent, or affiliate that contradict this provision are null and void. If you desire a viewing, witnessing, or any other form of seeing the body, you must seek services from another provider.
CASKET OR ALTERNATIVE CONTAINER REQUIREMENTS AND AUTHORIZATION FOR INSPECTION AND DISPOSITION OF NON-COMBUSTIBLE ITEMS
The remains shall be placed in a combustible casket or alternative container that is resistant to leakage or spillage, sufficiently rigid to permit safe handling, and designed to protect the health and safety of the personnel of both the Crematory and the Funeral Home. The Crematory is hereby authorized to inspect the casket or alternative container and, if deemed necessary, to open it for such inspection.
Should the casket or container contain any non-combustible materials, or should it fail to meet the requirements specified above, the Crematory is authorized, in its sole discretion, to remove and dispose of any non-combustible or foreign items by any method it deems appropriate, either before or after the cremation process. The Crematory shall not accept caskets constructed of metal, fiberglass, or those containing metal components.
By signing this Agreement, the undersigned acknowledges and agrees that any non-combustible or foreign items found within the casket or alternative container may be irretrievably destroyed or otherwise disposed of in a manner determined appropriate by the Crematory, its representatives, or staff. Furthermore, the undersigned understands that the casket or alternative container will be entirely consumed during the cremation process.
If the undersigned wishes to have any specific items returned prior to cremation, such requests must be made in writing on this Agreement and discussed directly with a representative of Kramer Crematory. While the Crematory will make reasonable efforts to recover and return such items, it does not guarantee their return. In instances where recovery is not feasible, such items will be destroyed or otherwise disposed of.
LIMITATION OF LIABILITY
As the Authorizing Agent(s), I/We hereby agree to defend, indemnify, and hold harmless Kramer Family Funeral Home, Kramer Crematory, their officers, agents, and employees from any and all claims, demands, causes of action, liabilities, or suits of any nature whatsoever, including but not limited to:
Any issue arising from the processing, shipping, and final disposition of the decedent’s cremated remains;
Any claims related to failure to provide a viewing, seeing the body or witness cremation, regardless of prior representations;
The failure to take possession of or make final arrangements for the proper disposition of the cremated remains;
Any damage caused by hazardous or explodable implants;
Any failure to properly identify the decedent or human remains transmitted for cremation;
Any claim brought by any person asserting a right to control the disposition of the decedent’s remains;
Any act performed by Kramer Family Funeral Home or Kramer Crematory in reliance on this authorization.
CREMATION AUTHORIZATION AND HANDLING OF FOREIGN MATERIALS
By signing this document, I acknowledge that cremation is an IRREVERSIBLE ACT.
All cremations are performed individually. While every reasonable effort is made to ensure the integrity of the cremated remains and to prevent commingling, it is not possible to guarantee the complete recovery of all particles or to prevent incidental and unavoidable commingling of cremated remains.
By signing below, the Authorizing Agent acknowledges and accepts this inherent limitation of the cremation process.
All non-combustible and/or foreign materials—including, but not limited to, prosthetics, dental gold, bridgework, and jewelry—will be removed, destroyed, discarded, or otherwise disposed of at the sole discretion of Kramer Family Funeral Home. Any proceeds derived from the recovery or recycling of such materials may, at Kramer’s exclusive discretion, be applied to offset the costs associated with Kramer Family Funeral Home’s discounted cremation assistance program for families in need. The administration and allocation of such proceeds shall be conducted solely at the discretion of Kramer Family Funeral Home, and no compensation or reimbursement shall be owed to the Authorizing Agent or any third party.
Cremated remains shall not be contained (insofar as reasonably possible) with foreign material. All noncombustible materials (insofar as reasonably possible), such as dental fillings, dental bridgework, and materials from the casket or alternative container, such as hinges, latches, nails, etc.., will be separated and removed by visible or magnetic selection and will be disposed of by Kramer Family Funeral Home. It is possible for foreign material to be commingled with cremated remains and by continuing the authorizing agent accepts that fact.
Following cremation, the cremated remains of the Deceased, consisting primarily of bone fragments, will be mechanically pulverized to an unidentifiable consistency prior to placement in an urn or other container.
In the event the urn or container is insufficient to accommodate all of the cremated remains of the deceased, any excess remains will be placed in a secondary container and returned together with the primary urn or container.
I/We understand and acknowledge, that even with the exercise of reasonable care and the use of the Crematory’s best efforts, it is not possible to recover all particles of the cremated remains of the deceased, and that some particles may inadvertently become commingled with particles of other cremated remains remaining in the cremation chamber and/or other devices utilized to process the cremated remains. I/We hereby authorize the Crematory to dispose of any such residual particles in any manner it deems appropriate.
The cremated remains not claimed may be disposed of in a suitable manner as law provides after a period of one hundred twenty (120) days. If the arrangements for their final disposition are not made within the specified time, the management shall be in no way liable for the loss or destruction of said remains. The person authorizing the cremation, or the heirs at law, either jointly or severally, shall be held liable for rental space occupied by the remains pending the time prior to the final disposition of the cremated remains.
No items will be returned unless explicitly requested in writing on this cremation authorization contract and confirmed by Kramer Family Funeral Home before cremation. Listing items to be returned on this cremation authorization form does not guarantee that the items are in Kramer Family Funeral Home’s possession and therefore does not guarantee the return of listed items.
PERSONAL PROPERTY DISCLAIMER AND LIMITATION OF LIABILITY
Kramer Family Funeral Home does not guarantee the return of personal property left with the decedent. By signing this contract, the Authorizing Agent agrees to the following:
Kramer Family Funeral Home makes every reasonable effort to safeguard personal property received in connection with its services. However, personal items may occasionally be inadvertently lost, damaged, destroyed, or cremated along with the deceased.
If personal property is given to Kramer Family Funeral Home we make reasonable attempts to return it. Sometimes personal property is hidden on the deceased, or we are not able to locate it. By signing this contract you agree to the liability limitation of personal property of $100. This means that if personal property is given to Kramer Family Funeral Home and we are unable to locate it or return it to the next of kin, and you are able to prove with receipts the value of the personal property we will reimburse you up to a maximum of $100 total for all personal property. By signing this agreement, the Authorizing Agent acknowledges and accepts that the total maximum reimbursement for any and all personal property that is lost, damaged, or destroyed—regardless of the number of items or their individual or combined value—is strictly limited to a cumulative amount of one hundred dollars ($100.00).
To be eligible for any reimbursement, the Authorizing Agent must submit a written claim to Kramer Family Funeral Home along with valid receipts or documentation proving both ownership and the original value of the item(s) in question.
This limitation of liability applies collectively to all claims arising from a single decedent’s services and remains in effect regardless of the number of items involved or the number of claims filed.
If you do not agree to these terms, you must seek services from another provider.
PAYMENT AND BINDING TERMS
By signing this document, I acknowledge the following:
All payments must be made within three (3) days of signing this agreement to avoid additional fees.
If I transfer services to another provider, I will be charged for all services rendered up to that point as listed in the General Price List.
This contract supersedes any verbal or written statements made by any employee or representative of Kramer Family Funeral Home.
All disputes shall be resolved through a third-party mediator selected by Kramer Family Funeral Home, and I agree to be bound by the mediator’s final decision. The cost of the mediator will be the responsibility of the party bringing a dispute against Kramer Family Funeral Home.
Acknowledgment of Services, Satisfaction, and Payment Disputes
By signing this agreement, the Authorizing Agent acknowledges and agrees to the following:
Acknowledgment of Services as Described: The cremation services provided under this contract are limited to the cremation of the decedent at our private crematory facility. This contract does not include any guarantees or representations regarding timelines for transportation, processing of death certificates, or the duration of the cremation process itself, as such timelines may vary due to factors beyond our control, including but not limited to governmental requirements, regulatory approvals, and operational constraints.
You acknowledge and agree that you may not unilaterally impose or assume any specific timelines, expectations, or standards for these services that are not expressly stated in this written contract. Any attempt to dispute charges with your financial institution (including but not limited to credit card issuers or banks) based on such self-imposed timelines or expectations, including claims that services were not as described, shall be considered invalid under this agreement. By signing this contract, you explicitly affirm that the performance of the cremation constitutes full and complete fulfillment of our obligations, and you waive any right to dispute the charges on the basis that services were not provided as described once the cremation has been completed.
This contract represents the entire agreement between the parties and supersedes any prior or contemporaneous verbal communications, representations, or understandings with our staff or representatives. No verbal statements shall be relied upon as evidence in any dispute, and all terms are governed solely by this written document.
Agreement to Resolve Disputes Internally First: The Authorizing Agent agrees to contact Kramer Family Funeral Home directly with any concerns or disputes regarding the services, payment, or satisfaction before initiating any external dispute, including but not limited to a chargeback or reversal with their credit card issuer or bank. All such disputes must first be submitted in writing to Kramer Family Funeral Home and resolved through the third-party mediation process outlined in this agreement. The Authorizing Agent acknowledges that failure to follow this process may result in them being responsible for any costs, fees, or losses incurred by Kramer Family Funeral Home due to the dispute.
Post-Cremation
Upon receipt of the cremated remains, the Authorizing Agent acknowledges and confirms the following:
Cremation Services Only: The services provided under this agreement are strictly limited to the cremation of the deceased. No additional services, including but not limited to memorial services, or other arrangements, are included in this contract. Upon completion of the cremation process, all goods and services are delivered in full as described. Due to the sensitive nature of our services, we are unable to offer refunds for any charges once the cremation has been completed.
Fulfillment of Contract: The completion of the cremation process fully satisfies the obligations of the service provider as outlined in this agreement. No further goods or services are owed once the cremation is performed. Upon completion of the cremation, all goods and services specified in the contract have been fully delivered, and by signing this agreement, the Authorizing Agent confirms their understanding of this fulfillment.
No Additional Expectations: The Authorizing Agent acknowledges that this contract is exclusively for cremation services. Any additional expectations, timelines, or requirements imposed by the Authorizing Agent beyond the scope of cremation are not part of this agreement and are not binding on the service provider.
Finality of Services: By signing this agreement, the Authorizing Agent confirms their understanding that the contract is fulfilled upon completion of the cremation, and no disputes or claims for additional services will be valid.
Chargeback Liability: In the event of a chargeback or payment dispute, the Authorizing Agent agrees that Kramer Family Funeral Home may use this agreement, and any related documentation (e.g., proof of pickup, correspondence) as evidence to contest the dispute. The Authorizing Agent further agrees to indemnify and hold harmless Kramer Family Funeral Home from any losses, fees, or penalties arising from a chargeback if it is determined that the services were provided as described and accepted.
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Personal Property Return Agreement - Please Read Before Signing
This Personal Property Return Agreement ("Agreement") is entered into on today's date, between Kramer Family Funeral Home or Kramer (the "Funeral Home") and the Customer or individual intending to pick up the Property (the "Customer").
Recitals
WHEREAS, the Funeral Home has received or may receive certain personal property ("Property") belonging to the decedent, which may have been or may be provided by third parties such as medical examiners, hospitals, or other entities;
WHEREAS, the Funeral Home does not inspect, open, or verify the contents of all Property items, as it is not standard practice to do so in order to respect the privacy and confidentiality of the decedent and related parties where possible;
WHEREAS, the Customer desires to receive and take possession of the Property in the future;
NOW, THEREFORE, in consideration of the mutual promises herein, the parties agree as follows:
1. Future Return of Property
The Funeral Home agrees to return the Property to the Customer upon the Customer's future request and execution of this Agreement, subject to the terms herein.
2. Acknowledgment of Unknown Contents and Potential Risks
The Customer acknowledges and agrees that:
The Funeral Home may not have knowledge of the exact contents of the Property, particularly items received sealed or packaged from third parties.
The Funeral Home will typically not open, inspect, or alter any sealed or packaged items prior to return, in order to respect privacy. As a result, it is possible that the Property may contain blood, bodily fluids, soiled or contaminated items, biohazards, personal appendages, anatomical structures, anatomic components, or other sensitive materials.
The Funeral Home cannot guarantee the manner in which third parties will return Property, and thus cannot guarantee the contents or condition of the Property. The Funeral Home strongly encourages the Customer or representative to request an inspection of the items by the Funeral Director in the Customer's presence prior to taking possession.
It will be the Customer's sole responsibility to verify and understand the contents of the Property before accepting it.
By signing this Agreement, the Customer expressly agrees to accept the potential presence of such items and assumes all associated risks.
3. Inspection Option
If the Customer has any questions or concerns about the contents of the Property, the Customer may request that the Funeral Director open and inspect the Property privately in the Customer's presence prior to acceptance and possession. Such a request must be made before taking possession of the Property.
4. Acceptance and Transfer of Responsibility
Upon signing this Agreement and, in the future, taking possession of the Property, the Customer accepts the Personal Property "as is" and assumes all responsibility, risk, and liability associated with it. Once the Customer leaves the Funeral Home premises with the Property, the Funeral Home is released from any further obligation or liability regarding the Property, including but not limited to its contents, condition, or any claims arising therefrom.
5. Waiver of Liability
The Customer hereby waives, releases, and forever discharges the Funeral Home, its owners, employees, agents, and affiliates from any and all claims, demands, actions, liabilities, damages, losses, or expenses (including attorney's fees) arising out of or related to the Property, its contents, or the return thereof, whether known or unknown, including but not limited to negligence, breach of warranty, emotional distress, or any other theory of liability. This waiver is intended to be as broad and inclusive as permitted by law.
6. Indemnification
The Customer agrees to indemnify, defend, and hold harmless the Funeral Home from any claims, suits, or liabilities brought by third parties related to the Property after its transfer to the Customer.
7. Entire Agreement
This Agreement constitutes the entire understanding between the parties and supersedes all prior or contemporaneous oral or written agreements, representations, or understandings. No verbal communications, promises, or modifications shall alter or supersede this Agreement unless made in writing and signed by both parties.
8. Governing Law and Severability
This Agreement shall be governed by the laws of Utah. If any provision is held invalid or unenforceable, the remaining provisions shall remain in full force. This Agreement is intended to be enforceable to the fullest extent permitted by law.
9. Binding Effect
This Agreement is binding upon and inures to the benefit of the parties and their heirs, successors, and assigns.
IN WITNESS WHEREOF, the parties have executed this Agreement as of today's date.
Warning
If you intend to receive clothing, personal property, or any item, please note that it may be soiled, contain bodily fluids, contain blood, or could contain bodily belongings or bodily appendages, biohazards, or other unclean materials.
Kramer Family LLC, the Funeral Home, its employees, and representatives do not recommend that you receive any of the above-mentioned items. This is because such items are likely to be soiled or to contain bodily fluids, bodily materials or bodily appendages, blood, or other biohazardous or unclean materials.
By signing this Agreement and proceeding with the future receipt of the Property, you are expressly disregarding the advice provided by the Funeral Home, its employees, and representatives. You further affirm that you understand this process may be emotionally difficult and traumatic, and that despite being advised otherwise, you desire to proceed. You agree to accept all liability arising from receiving the items, and to hold the Funeral Home, its employees, and representatives harmless. You represent that you are acting of your own free will and choice, disregarding professional advice, and assuming all liability from your personal decision.
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No exceptions are permitted or allowed. DISPOSITION OF REMAINS; DUTY TO INTER. (a) Except as provided by Subsection (l), unless a decedent has left directions in writing for the disposition of the decedent's remains as provided in Subsection (g), the following persons, in the priority listed, have the right to control the disposition, including cremation, of the decedent's remains, shall inter the remains, and in accordance with Subsection (a - 1) are liable for the reasonable cost of interment: (1) the person designated in a written instrument signed by the decedent; (2) the decedent's surviving spouse; (3) any one of the decedent's surviving adult children; (4) either one of the decedent's surviving parents; (5) any one of the decedent's surviving adult siblings; (6) any one or more of the duly qualified executors or administrators of the decedent's estate; or (7) any adult person in the next degree of kinship in the order named by law to inherit the estate of the decedent.
By executing this agreement, the undersigned affirms and warrants that they are the sole legal next of kin of the decedent, that no other individual holds an equal or superior legal right to make decisions regarding the disposition of the remains, and that all legally interested parties consent to the cremation of the decedent by Kramer Family Funeral Home. The undersigned further assumes full responsibility and liability for the accuracy of this declaration and agrees to indemnify and hold harmless Kramer Family Funeral Home from any claims, disputes, or legal actions arising from or related to the authorization of cremation or cremation.
We cannot accommodate special requests involving additional handling or changes to the cremation process.
Examples include, but are not limited to:
Fingerprinting: We do not provide fingerprinting services, digital or ink-based.
Hair Collection: We cannot collect or remove hair from your loved one.
Photography and Recording: We do not take photographs, videos, or recordings of your loved one.
Dental Work Removal: We cannot remove or alter dental work or teeth.
DNA Collection: We do not collect or preserve DNA samples.
Viewing or Witnessing: We do not offer viewings or seeing the body of any type or witness services for cremation, nor pre-cremation viewings.
Private Autopsy: We cannot hold cases for private autopsies.
These limitations ensure the integrity of our cremation process and compliance with all regulatory and ethical standards. The contract you sign is the complete agreement between you and Kramer Family Funeral Home for cremation services, overriding any prior oral or written agreements, statements, or promises. No employee or representative has the authority to change or make exceptions to these terms. This contract outlines the conditions under which Kramer Family Funeral Home will perform cremation services. By submitting the Cremation Authorization Form, you acknowledge and agree to these terms and limitations. By signing, you confirm your understanding and acceptance of these terms.
This document constitutes the complete and exclusive agreement between the parties with respect to the subject matter herein and supersedes all prior and contemporaneous oral or written communications, representations, or agreements. No amendment, modification, waiver, or alteration of any term or condition of this agreement shall be valid or enforceable unless made in a written instrument expressly stating the intention to amend and signed by both parties.
No verbal statements, discussions, or representations shall have any legal effect or be deemed to modify or override the terms of this agreement in any way. By signing below, the Authorizing Agent affirms that they have read, understood, and voluntarily agreed to all terms and conditions set forth in this agreement, without ambiguity or reservation.
Embalming Declination Policy
As part of our commitment to transparency and informed decision-making, Kramer Family Funeral Home provides the following policy regarding embalming services in relation to our Simple Cremation package:
No Embalming Included: Embalming is not included in the Simple Cremation package you have selected.
No Embalming Performed: Embalming will not be performed.
Customer Acknowledgement and Declination:
By signing this document, the undersigned acknowledges the following:I have been fully informed that embalming is not included in the Simple Cremation package I have selected.
I understand that embalming will not be performed.
I hereby decline embalming and confirm that I do not wish to authorize embalming.
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Signature of authorized representative Date
Payment Dispute and Collections Clause
If the Client disputes, cancels, or reverses a charge after services have been rendered, the full invoice amount will remain due and payable. The Client understands and agrees that any unpaid or disputed balance may be referred to a third-party collection agency. In such cases, the Client will be responsible for all reasonable costs of collection, which may include agency fees (typically up to forty percent (40%) of the outstanding balance) in addition to the original invoice amount. If legal action is required to recover payment, the Client shall also be responsible for all reasonable attorney’s fees, court costs, and related expenses incurred in the process.
Additional Terms and Conditions
1. Limitation of Liability
In no event shall Kramer Family Funeral Home, its affiliates, agents, or employees be liable for any indirect, consequential, incidental, special, exemplary, or punitive damages, including without limitation emotional distress, mental anguish, or loss of consortium. The total cumulative liability of Kramer, whether in contract, tort, or otherwise, shall not exceed the total amount actually paid under this Agreement.
2. Indemnification
The Authorizing Agent agrees to defend, indemnify, and hold harmless Kramer Family Funeral Home, its owners, employees, representatives, and affiliates from and against any and all claims, damages, losses, liabilities, costs, or expenses (including attorney’s fees) arising out of or related to this Agreement, including but not limited to disputes regarding the right of disposition, misidentification, or any third-party claim or demand.
3. Dispute Resolution and Venue
Any dispute, controversy, or claim arising from or relating to this Agreement shall be resolved exclusively by binding arbitration administered by the American Arbitration Association in Salt Lake County, Utah. Judgment upon the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Both parties waive the right to a jury trial. Utah law shall govern the interpretation and enforcement of this Agreement.
4. Payment Terms and Chargebacks
Full payment is required before services commence. In the event of a chargeback, reversal, or payment dispute, the Authorizing Agent remains liable for the full amount of this Agreement, plus all associated costs, including chargeback penalties, collection agency fees, and reasonable attorney’s fees. Kramer may suspend or terminate services for nonpayment without liability.
5. Force Majeure
Kramer Family Funeral Home shall not be responsible or liable for any delay or failure in performance caused by acts of God, natural disasters, government orders, power failures, labor disputes, transportation delays, or any event beyond its reasonable control.
6. Unclaimed Remains and Property
If cremated remains or personal property are not claimed within sixty (60) days, Kramer may, without further notice, dispose of them in any lawful manner at the expense of the Authorizing Agent. Daily storage fees may accrue. The method, timing, and location of final disposition shall be at Kramer’s sole discretion and shall not be subject to review or challenge.
7. Hazardous or Non-Combustible Materials
The Authorizing Agent certifies that all hazardous or non-combustible materials, including pacemakers and implants, have been disclosed and removed prior to cremation. The Authorizing Agent shall be fully responsible for any damages or injuries resulting from failure to make such disclosure and agrees to indemnify and hold Kramer harmless from all related claims or expenses.
8. Personal Property Disclaimer and Limitation of Liability
Kramer Family Funeral Home employs human personnel who handle numerous cases daily. While every reasonable effort is made to safeguard personal property left with the decedent, Kramer cannot guarantee that all property will be preserved or returned. Due to the human element inherent in our operations, personal items may occasionally be misplaced, damaged, destroyed, or cremated with the decedent. This limitation applies only to personal property expressly listed on this contract as items to be returned. Items not listed on this contract shall not be eligible for return under any circumstance. Requests made after signing—such as later communications seeking return of additional or unlisted items—will not be honored. Kramer’s total liability for any lost or damaged property shall not exceed one hundred dollars ($100.00) in aggregate, regardless of the number of items or their individual value. To qualify for reimbursement, the Authorizing Agent must submit a written claim with proof of ownership and original value within thirty (30) days of discovery of the loss.
9. Authority and Representations
The Authorizing Agent represents and warrants that they have full legal authority to authorize cremation and final disposition of the decedent’s remains and that no other person holds an equal or superior right. The Authorizing Agent agrees to indemnify Kramer from any claims, disputes, or legal actions brought by others regarding this authorization or any decision made under this Agreement.
10. Attorney’s Fees
In the event of arbitration, litigation, or any action arising out of or relating to this Agreement, if Kramer Family Funeral Home prevails in whole or in part, it shall be entitled to recover from the Authorizing Agent all reasonable attorney’s fees, arbitration costs, court costs, and related expenses incurred in enforcing its rights. The Authorizing Agent shall not be entitled to recover attorney’s fees or costs from Kramer under any circumstance.
Urn Custody, Liability, and Dispute Resolution
The undersigned acknowledges and agrees as follows:
No Obligation to Hold Urns. Kramer Family LLC (“Provider”) does not provide urn storage or custody services. Provider has no obligation to hold, secure, or maintain custody of any urn or cremated remains after completion of the cremation and delivery or notice of availability for pickup.
Limitation of Liability. In the event that any urn or cremated remains are lost, stolen, damaged, or otherwise not retrievable while in Provider’s possession, the total and exclusive limit of damages recoverable from Provider shall not exceed the amount actually paid for the cremation services. No consequential, emotional distress, or punitive damages shall be available under any circumstances.
Family or Legal Disputes. In the event of any dispute among family members, heirs, next of kin, or other interested parties regarding the right to possession, control, or disposition of an urn or cremated remains, Provider shall have no duty or responsibility to retain or store the urn pending resolution of such dispute. It is the responsibility of the disputing parties to arrange for an independent third party (such as a court-appointed custodian or licensed funeral establishment) to hold the urn.
Storage Fees and Deposit. If Provider, in its sole discretion, agrees to temporarily hold the urn during a dispute, the parties shall be jointly and severally liable for a storage charge of $99.00 per day, accruing daily, which may total thousands of dollars depending on the duration of the dispute. A non-refundable deposit of $1,000.00 shall be required in advance of any such storage.
Disclaimer During Disputes. Provider shall not be responsible or liable for any loss, theft, or damage to any urn or cremated remains during any period in which family members, heirs, or other parties are engaged in litigation or dispute resolution, whether or not storage fees have been paid.
Entire Agreement. This Addendum supersedes any contrary oral or written statements and shall survive completion of cremation services.
SIGNATURE OF AUTHORIZING AGENT I acknowledge that I have read and fully understand the terms of this agreement. I further acknowledge that cremation is an irreversible act and that Kramer Family Funeral Home shall not be liable for any claims outside of the terms expressly stated herein. If I do not agree with the terms of this document, I understand that I must not sign and that I must seek services elsewhere.
Funeral Director Printed Name: David Hageman
Funeral Home License Number: FDP.0000143
Funeral Director Signature: David Hageman
Kramer Family LLC DBA Kramer Family Funeral Home & Cremation Center, Kramer Family Funeral Services, Kramer Crematory, 7205 Gilpin Way #130. Phone (720) 523-1414 Funeral Home License Number FH.0000772. Crematory License Number CM.0000579