Contract for Funeral Service by btj67527

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Contract for Funeral Service document sample

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									  Contract Prepaid TS Trust Sample (English)                                                              Revised:             April 24, 2009

                                                            PREPAID CONTRACT
         BETWEEN:                                                                                               Contract No.
                                                           Licensed Operator Name
                                                                  Operating as
                                                         Transfer Service Name
                                               123 Transfer Service Address Here, Ontario DOI TRT
         AND:
  Name:                                                                      Name:
  (“Purchaser”)                                                              (“Beneficiary”)

  Address:                                                                   Address:
  City, Province:                                                            City, Province:
  Postal code:                                                               Postal code:
  Telephone:                                                                 Telephone:
  Relationship to Beneficiary:                                               Date of birth:

                                                                             Place of birth:


  This is an agreement between you, the purchaser, and the licensed operator concerning transfer services and supplies.
  By signing this agreement, you, the purchaser, are entering into a contract for the provision of transfer services and supplies.

  1. The purchaser declares that he/she is legally authorized or charged with the responsibility for the arrangements
     contained in this contract.
  2. The purchaser acknowledges being offered copies of the price lists.
  3. The transfer service agrees to supply goods and services according to the following table of fees and disbursements.

  STAFF SERVICES & SUPPLIES                                                  ESTIMATE OF DISBURSEMENTS: (Including taxes)
  Staff Services
  Transfer from place of death to the
  cemetery/crematorium (within ____ km)                                      Coroner’s fee
                                                                             Newspaper/Radio __________________
  Documentation                                                              (Max length __________ Photo _______ )
                                                                             Newspaper/Radio __________________
  Facilities (Shelter Remains)                                               (Max length __________ Photo _______ )

  Automobiles                                                                Cremation (standard)
  OTHER:                                                                     Cemetery Opening/closing (standard)
  ________________________________                                           ________________________________
  ________________________________                                           ________________________________


  Itemized Total (Total of above items)          (1)                         TOTAL DISBURSEMENTS                      (10)
                                                                             (Including all applicable taxes)
  Package Price                                  (2)
  Difference ( Line 1 – Line 2 )

  Total cost of Services (Lesser of 1 or 2) (3)
  SUPPLIES:
                                                                             TOTAL SERVICES & SUPPLIES                 (8)
  Casket or Container:
                                                                             TAX ON SERVICES & SUPPLIES
   _______________________________ (4)                                       ( _______ % of line 8 )                   (9)
  Urn or Outer Container:
                                                                             TOTAL DISBURSEMENTS
   _______________________________ (5)                                       Line (10) above                          (10)


  Miscellaneous                                  (6)                         TOTAL PAYMENT REQUIRED (8+9+10)
  Mileage Charges                                (7)                         LESS DEPOSIT

  TOTAL SERVICES AND SUPPLIES                    (8)                         BALANCE DUE




Licensed by the Board of Funeral Services - (416) 979-5450, (800) 387-4458 (Ontario only), www.funeralboard.com
  Contract Prepaid TS Trust Sample (English)                                                                 Revised:              April 24, 2009

  4. Payment
     When paid in full to the transfer service within _________ days of the date of this contract, this contract is guaranteed. At the time of
     need, the price of the agreed-upon supplies and services will be calculated according to the prices in effect at the time of need, and
     the actual disbursements, if included in this contract, will be added. The payment under this contract, plus the interest accrued in
     accordance with section 6 of this contract, will be applied to the cost of the services, supplies, disbursements and any applicable
     taxes. If the payment and accumulated interest are less than the cost of the services, supplies, disbursements and any applicable
     taxes, no further payment will be required. If the payment and accumulated interest are greater than the cost of the services,
     supplies, disbursements and any applicable taxes, the difference will be paid to the estate of the beneficiary. This guarantee does
     not apply to any taxes or fees imposed by the Federal, Provincial or Municipal Governments now or in the future. [Include a
     statement clearly outlining what happens in the event that one or more items are not used at the time of need.]

     If not paid in full within the time specified above, the payment(s) made to the funeral home constitute a deposit only, and this contract
     is not guaranteed. At the time of need, the price of the agreed-upon services and supplies will be calculated according to the prices
     in effect at the time of need, and the actual disbursements, if included in this contract, will be added. The deposit under this contract,
     plus the interest accrued in accordance with section 6 of this contract, will be applied to the cost of the services, supplies,
     disbursements and any applicable taxes. If the deposit and accumulated interest are less than the cost of the services, supplies,
     disbursements and any applicable taxes, the balance will be payable within ● days of the date of death. Interest will be charged on
     any overdue amount at the rate ●% per annum until the date of payment in full. If the deposit and accumulated interest are greater
     than the cost of the services, supplies, disbursements and any applicable taxes, the difference will be paid to the estate of the
     beneficiary.
  5. Cremation
     The purchaser authorizes ________ / does not authorize ________ (initial selection) the transfer service to take possession of the
     cremated remains of the beneficiary. If the beneficiary's body is cremated and the cremated remains are not claimed, the transfer
     service will retain them for a period of not less than one year from the date of cremation, after which the transfer service may bury
     them in a common burial site and maintain a record of the burial. The maximum refundable deposit that may be required toward the
     disposition of unclaimed remains is $150.00.
  6. Investment of Funds
     The payment(s) to the transfer service will be placed and held in an interest-bearing investment in Ontario by the transfer service,
     either directly or through a fraternal society licensed under the Insurance Act. Within 10 days after the investment is made, the
     transfer service will deliver to the purchaser the original or a copy of the investment receipt provided by the depository or fraternal
     society. On request, the transfer service will inform the purchaser on an annual basis of the accumulated value of the prepayment
     funds, the name of the depository, and the name or type of investment in which the payment(s) have been placed.
  7. Cancellation
     The purchaser, or a person designated in the contract by the purchaser, may cancel this contract at any time before the death of the
     beneficiary. Before the death of the beneficiary, but after the death of the purchaser, the beneficiary or the beneficiary's personal
     representative may cancel this contract at any time. After the death of the beneficiary, but before the transfer service provides the
     agreed-upon services, only the beneficiary's personal representative may cancel the contract.

     If the contract is cancelled, the transfer service will pay the deposit under this contract, plus the interest accrued in accordance with
     section 5, less any cancellation fee in this section, to:

     (a) the purchaser, if the contract is cancelled before the death of the beneficiary;
     (b) the beneficiary, if the contract is cancelled before the death of the beneficiary but after the death of the purchaser;
     (c) the estate of the beneficiary, if the contract is cancelled after the death of the beneficiary.

     If this contract is cancelled, the funds and income paid out in accordance with this section of the contract shall not include the
     cancellation fee, if any, charged by the investment institution.

     Cancellation Fee - If this contract is cancelled after 30 days, the transfer service may charge a cancellation fee of 10 per cent of the
     deposit and accrued interest, to a maximum of $200, and, if so, it will be subtracted from the deposit plus the accrued interest
     payable by the transfer service. If the contract is cancelled within 30 days, no cancellation fee will apply.
  8. Substitution
     If a transfer service must at need substitute goods or services agreed under this contract, any substitution will be of no less value
     than, and similar in style, design and construction to, the agreed goods or services and will be provided at no increase in cost. The
     transfer service will inform the purchaser or the representatives of the beneficiary of the substitution and the purchaser or the
     representative may cancel that part or the entire contract.
  9. Disbursements
     The disbursements listed are only an estimate, and the actual cost will be shown on the final invoice. The transfer service is only
     acting as the purchaser’s agent with respect to the disbursements. The actual expenses will therefore be included on the final
     invoice at exact cost.
  10. Commissions from financial institutions
    The transfer service will receive a commission from _____________________ for the deposit of prepayment funds. The commission
    ranges from ______ % to ______% based on the total value of prepaid contracts entered into.

  Clauses concerning Warranties, Failure to Pay & additional Disclosures – (discuss with legal counsel)
  11. Additional Terms or Schedule of Payments
    The purchaser and the transfer service agree to the following additional terms:




  This contract is not enforceable unless it is signed by a transfer service operator.

      Date of contract                                                         Purchaser                                                  Date



      Transfer Service Operator                                Date            Purchaser                                                  Date



Licensed by the Board of Funeral Services - (416) 979-5450, (800) 387-4458 (Ontario only), www.funeralboard.com

								
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