CREMATION SERVICES MASTER AGREEMENT THIS CREMATION SERVICES AGREEMENT (this Agreement ) is made this day of, 20, by and between South Georgia Crematory, LLC, a Georgia limited liability company ( Crematory ) and, a ( Funeral Home ). RECITALS: WHEREAS, Crematory operates a crematory in Tift County, Georgia; and WHEREAS, Funeral Home desires to use the services of the crematory as needed in connection with Funeral Home s provision of services to its clients; and WHEREAS, the parties desire to enter into a contract to govern the above-mention cremation transactions; NOW, THEREFORE, in consideration of the mutual promises and covenants herein, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto 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. i. Crematory will provide cremation authorization forms. The price for cremation shall be posted at the Crematory. ii. 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 facilitate the return of the urn to Funeral Home. iii. 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. b. Funeral Home s Duties and Obligations. i. Funeral Home will use Crematory s authorization form completed by a customer legally authorized to make decisions for the deceased and to authorize cremation. ii. Funeral Home will establish an identification process and have the customer identify the human remains prior to transporting them to Crematory. Included in this process shall be a requirement by the Funeral Home that its customer complete the cremation authorization form 1
attached hereto as Exhibit A (the Authorization ). Funeral Home shall retain the original Authorization and shall provide Crematory with a copy of the same. In connection with each delivery of remains to Crematory, Funeral Home shall certify that the Authorization was fully completed and that Funeral Home has verified the accuracy of the information provided therein. iii. Funeral Home will deliver remains to be cremated in a box suitable for use in cremation. Funeral Home will deliver remains to be cremated with all identification attached (to the box or to the remains, as the case may be) as may be required by any applicable law. The obligations of this subsection shall be in addition to, and not a limitation on, the obligations described in subsection 1(b)(vi) below. iv. Funeral Home acknowledges that certain items cannot be cremated and may cause damage to property and to persons if placed in the retort during cremation. Funeral Home is aware of which items present this risk, and covenants and agrees to remove each such item from any remains prior to delivering the remains to Crematory. In connection with each delivery of remains to the Crematory by Funeral Home, Funeral Home shall certify that any pacemaker, defibrillator, artificial limbs, and any other items not suitable for cremation have been removed from the remains. v. Funeral Home will inform the customer about the cremation process, the federal, state, and local legal requirements and disposition of cremated remains alternatives. vi. 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. Without limiting the foregoing, Funeral Home acknowledges and agrees that, in the event a customer fails to retrieve cremated remains from the Funeral Home, the Funeral home will be responsible to handle the remains in accordance with O.C.G.A. 43-18-80 and other applicable laws. vii. Funeral Home will list Crematory on its insurance policy and provide a certificate of insurance to Crematory. viii. Funeral Home will maintain in its employ at least one funeral director, licensed by the state in which the physical funeral home is located, and shall immediately notify Crematory should it become in violation of this provision. ix. In connection with each remains delivered to Crematory, Funeral Home shall execute an intake form identifying the remains, making certain representations required by this Agreement, and such other information 2
and representations as Crematory may deem necessary from time to time. 2. Payment. Funeral Home shall be responsible for remitting the full cremation fee to Crematory. This fee shall be due simultaneously with delivery of the human remains and a copy of the Authorization Form, and Crematory will not accept for cremation any human remains until the Crematory receives these items and payment, unless the Crematory has previously agreed in writing to invoice Funeral Home for Crematory s services and Funeral Home is not in default of such written agreement, in which case the fee shall be due in accordance with the parties written agreement. 3. Term and Cancellation. This agreement shall automatically renew each year on its anniversary date, but may be terminated at any time by either party hereto on thirty (30) days notice to the other for any reason, or terminated by either party effective immediately upon a default by the other party hereto. 4. Limitations of Liability. Funeral Home agrees to indemnify, defend, and hold harmless Crematory and its officers, agents, and employees of and from any and all claims, demands, causes of action, suits, and liabilities of every kind, nature, and description, in law or equity, including attorneys fees and costs, arising from or relating to a breach of Funeral Home s obligations hereunder, including without limitation failure to require a client to complete the Authorization or unauthorized cremation of remains. This provision shall survive any termination of this Agreement. 5. General Contract Provisions. a. Funeral Home agrees that it shall be bound by the representations required to be made by Sections 1(b)(ii), (iv), and (ix), regardless of which employee, agent, or owner of Funeral Home makes these certifications in connection with delivery of remains to Crematory. b. Crematory and Funeral Home, their successors and assigns, agree to be bound by the terms and conditions of this Agreement. c. This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia, without regard to the conflict of laws or choice of law provisions thereof. d. In the event Crematory must place this Agreement with an attorney for collection, Funeral Home shall pay Crematory attorneys fees equal to fifteen percent (15%) of the sums sought to be collected. This provision shall be in addition to, and not in lieu of, the indemnity provided above. e. No amendment or modification of this Agreement shall be valid unless in writing and executed by each of the parties hereto. f. This Agreement contains the entire and complete agreement between the parties to it and all prior representations, statements, understandings, and warranties are merged into and superseded by this agreement. 3
g. Nothing in this Agreement shall be construed by the parties, or by a third party, to make the parties hereto partners or joint venturers, to create the relationship of agent and principal, or to render either party liable for the debts and obligations of the other party. h. No delay or failure on the part of Crematory in the exercise of any right or remedy shall operate as a waiver thereof, and no single or partial exercise by the Crematory of any right or remedy shall preclude other or further exercise thereof or the exercise of any other right or remedy. IN WITNESS WHEREOF, the parties hereto have set their hands and seals as of the day and year first above written. CREMATORY: SOUTH GEORGIA CREMATORY, LLC By: Keith E. Hawthorne, Manager FUNERAL HOME: By: Name: Title: 4
EXHIBIT A Authorization 5