4. A funeral director or establishment is entitled to rely on and act according to the lawful instructions of any person claiming to be the next-of-kin of the deceased; provided however, in any civil cause of action against a funeral director or establishment licensed pursuant to this chapter for actions taken regarding the funeral arrangements for a deceased person in the director's or establishment's care, the relative fault, if any, of such funeral director or establishment may be reduced if such actions are taken in reliance upon a person's claim to be the deceased person's next-of-kin.
5. Any person who desires to exercise the right of sepulcher and who has knowledge of an individual or individuals with a superior right to control disposition shall notify such individual or individuals prior to making final arrangements.
6. If an individual with a superior claim is personally served with written notice from a person with an inferior claim that such person desires to exercise the right of sepulcher and the individual so served does not object within forty-eight hours of receipt, such individual shall be deemed to have waived such right. An individual with a superior right may also waive such right at any time if such waiver is in writing and dated.
7. If there is more than one person in a class who are equal in priority and the funeral director has no knowledge of any objection by other members of such class, the funeral director or establishment shall be entitled to rely on and act according to the instructions of the first such person in the class to make arrangements; provided that such person assumes responsibility for the costs of disposition and no other person in such class provides written notice of his or her objection. If the funeral director has knowledge that there is more than one person in a class who are equal in priority and who do not agree on the disposition, the decision of the majority of the members of such class shall control the disposition.
8. For purposes of conducting a majority vote under subsection 7 of this section, the funeral director shall allow voting by proxy using a written authorization or instrument.
Funeral Purchase Contract
(STATEMENT OF FUNERAL GOODS AND SERVICES)
Date of Statement:
(Charges are only for those items that you selected or that are required. If we are required by law or by a cemetery or crematory to use any items, we will explain the reasons in writing below.) The only warranties, expressed or implied, granted in connection with goods sold with this funeral service are the expressed written warranties, if any, extended by the manufacturer thereof. No other warranties and no warranties of merchantability or fitness for a particular purpose are extended by the seller.
Decedent’s Name:
Date of Death:
Purchaser’s Name:
Purchaser (Address):
OUR SERVICES
FUNERAL SERVICE PACKAGE SELECTED:
Subtotal of Funeral Services, Rental of Facilities, Automotive Equipment, and Merchandise Selected:
Estimated Subtotal of Cash Advances:
TOTAL Funeral and Cash Advances:
Total Credits and Adjustments:
LEGAL CEMETERY CREMATORY OR OTHER REQUIREMENTS COMPELLING THE PURCHASE OF
ANY ITEMS LISTED ABOVE:
By: /s/ Mark S. Hutchens Funeral Director
We agree to render the service and furnish the merchandise indicated above.
PAYMENT OPTION(S) SELECTED
Since the funeral expenses are due and payable in full or guaranteed in full prior to rendering services, we offer several payment options from which to choose.
Payment in full by cash/check/money order
Payment in full by credit card
If any payment is not paid when due, an unanticipated LATE CHARGE of .75% per month on the outstanding balance (including accrued interest) with an ANNUAL PERCENTAGE RATE of 9% will be due. I agree to pay the balance due plus any LATE CHARGE. In the event I (we) default in payment, I agree to pay any reasonable attorney’s fees and court costs IN ADDITION TO ANY LATE CHARGES. I understand and agree that I am assuming PERSONAL liability for the charges set forth in this contract and that this is in ADDITION TO and NOT IN SUBSTITUTION FOR the liability imposed by law upon the estate of the deceased and that as such, recognize an estate surcharge will become part of this contract if necessary.
CONTRACT FOR CREMATION
No.: ("Person Contracting For The Cremation"), ,hereby contracts with Monarch Cremation for the cremation of the deceased, , and agrees to pay all charges, fees and cash advances for the goods and services to be provided by the funeral home as set out in the attached statement of goods and services which, by this reference, is incorporated into this contract as if more particularly set out herein. The parties herein acknowledge that the cremation is taking place as per the Cremation Authorization signed by (Authorizing Agent) on
Date Authorized: and the Person Contracting For The Cremation hereby states that he or she has the authority or right to enter into this cremation contract. 1. NOTIFICATION If the Person Contracting For The Cremation is not the same person who signed the Authorization to Cremate, then the Person Contracting For The Cremation states that he or she has notified the person who signed the Authorization to Cremate that, under Missouri law, the person that contracts for the cremation has the right to the possession of the cremated remains or to direct the funeral establishment how to dispose of the cremated remains. 2. IDENTIFICATION OF THE DECEDENT The Person Contracting For The Cremation acknowledges that the body to be cremated has been properly identified as set out in the Authorization to Cremate as follows: Name of Decedent: Date of Death: Time: Place of Death: Sex: Age: DOB: SS#: 3. THE CREMATION PROCESS The cremation of the Decedent's remains may take place before or after ceremonies to memorialize the Decedent. Cremation is performed to prepare the remains of the Decedent for final disposition. It is carried out by placing the Decedent's remains in the casket or alternative container, which is then placed into a cremation chamber or retort where they are subjected to intense heat and flame. All cremations are performed individually unless noted otherwise in Section 7 above. During the cremation process, it may be necessary to open the cremation chamber and re-position the remains of the Decedent in order to facilitate a complete and thorough cremation. Through the use of suitable fuel, the incineration of the container and its contents is accomplished and all substances are consumed or driven off, except bone fragments (calcium compounds) and metal (including dental gold and silver and other non-human materials) as the temperature is not sufficient to consume them. Due to the nature of the cremation process, any personal possessions or valuable materials, such as dental gold or jewelry (as well as any body prostheses or dental bridgework) that are left with the remains and not removed from the casket or container prior to cremation may be destroyed or if not destroyed, will be disposed of by the Crematory. The Person Contracting For The 1 Cremation understands that arrangements must be made with the Funeral Home to remove any such possessions or valuables prior to the time that remains of the Decedent are transported to the Crematory. Following a cooling period, the cremated remains, which will normally weigh several pounds in the case of an average-size adult, are then swept or raked from the cremation chamber. Although the Crematory will take reasonable efforts to remove all of the cremated remains from the cremation chamber, it is impossible to remove all of them, as some dust and other residue from the process will be left behind. In addition, while every effort will be made to avoid commingling, inadvertent and incidental commingling of minute particles of cremated remains from the residues of previous cremations is a possibility, and the Person Contracting For The Cremation understands and accepts this fact. After the cremated remains are removed from the cremation chamber, all non-combustible material (insofar as possible) such as dental bridgework and hinges, latches, and nails from the container will be separated and removed from the human bone fragments by visible or magnetic selection. The Crematory is authorized to dispose of these materials with similar materials from other cremations in a non-recoverable manner, so that only human bone fragments will remain. When the cremated remains are removed from the cremation chamber, the skeletal remains often will contain recognizable bone fragments. Unless otherwise specified, after the bone fragments have been separated from the other material, they will be mechanically pulverized. The process of crushing or grinding may cause incidental commingling of the remains with the residue from the processing of previously cremated remains. These granulated particles of unidentifiable dimensions, which are virtually unrecognizable as human remains, will then be placed into a designated container. 4. CASKET OR ALTERNATIVE CONTAINER The remains are to be cremated in a combustible casket or alternative container that is capable of being completely closed, is resistant to leakage or spillage, is sufficiently rigid to be handled easily, and provides protection for the health and safety of Crematory and Funeral Home personnel. The Crematory is authorized to inspect the casket or alternative container, including opening it if necessary. In the event that the casket or container does not meet the above requirements, the Crematory will notify the Authorizing and the undersigned. Many caskets that are comprised primarily of combustible material also contain some exterior parts (decorative handles or rails) that are not combustible and that may cause damage to the cremation equipment. The Person Contracting For The Cremation authorizes the Crematory, in its discretion, to remove and discard the non-combustible materials. It is understood that some crematories will not accept metal or fiberglass caskets. 5. PAYMENT FOR SERVICES The cremated remains will not be disposed of or delivered as set out in paragraph 6 until full payment is made for the goods and services contracted for herein. 6. DISPOSITION OF CREMATED REMAINS The Person Contracting For The Cremation directs the Funeral Home to dispose or deliver the cremated remains in the following manner (If left blank, the cremated remains will be picked up from the Funeral Home by the Person Contracting For The Cremation): 7. UNCLAIMED REMAINS If the cremated remains are not disposed of per paragraph 6 or claimed by the Person Contracting For The Cremation within 180 days from the date of cremation, the Funeral Home may, at its discretion, bury, scatter or inter the cremated remains in any place dedicated to such purpose or deliver the cremated remains to any other person or authorized organization as set out in Chapter 194.350.4 of the Revised Statutes of Missouri without further notice to the Person Contracting For The Cremation. 8. CERTIFICATION AND INDEMNIFICATION The Person Contracting For The Cremation acknowledges that the Funeral Home and Crematory are relying upon the representations and agreements being made by the Person Contracting For The Cremation. The Person Contracting For The Cremation certifies that all of the information and statements contained in this contract are accurate and no omissions of any material fact have been made. The Person Contracting For The Cremation agrees to indemnify and hold harmless the Funeral Home and the Crematory, their officers, directors, employees and agents from any and all claims, demands, actions, causes of action or suits of any kind or nature whatsoever, including, but not limited to, any legal fees arising out of or resulting from the Funeral Home's and the Crematory's reliance on or performance consistent with the directions, statements, representations and agreements contained in this contract, the Authorization for Cremation or the attached Statement of Goods and Services.
Authorized Date: Funeral Home: Monarch Cremation By: /s/ Mark S. Hutchens Signature of Person Contracting For The Cremation (Sign Below):