PET CREMATION AUTHORIZATION AGREEMENT AND TERMS (Including All Affiliates, Sister Companies, and Related Entities)

These Pet Cremation Authorization Agreement and Terms (these “Terms”) govern all pet cremation services provided by Friends Cremation Utah LLC, Friends Cremation LLC, and any and all sister companies, affiliated entities, subsidiaries, parent companies, successors, and assigns, together with each of their respective owners, officers, directors, shareholders, members, managers, employees, agents, representatives, contractors, subcontractors, and volunteers (collectively, the “Provider,” “Cremation Provider,” “Company,” “we,” “us,” or “our”).

By clicking the “I Agree,” “Acknowledge and Accept,” or similar acknowledgment button, or by signing any separate authorization or service form that references these Terms, you (the “Owner,” “Client,” or “you”) confirm that you have read, understand, and voluntarily agree to be legally bound by these entire Terms. These Terms constitute a binding contract between you and Provider. A separate written or electronic authorization form may also be required at the time of service and will incorporate these Terms by reference.

1. Authorization for Cremation

You hereby authorize and request Provider to cremate the remains of the pet you are presenting or authorizing for cremation (the “Pet”). You represent and warrant that you have the full legal right, power, and authority to authorize the cremation and final disposition of the Pet, and that no other person or entity has an equal or superior right to make decisions regarding the Pet’s remains.

2. Scope of Services; Services Not Provided

Provider’s services are limited to those expressly selected by you (Private Cremation or Shared Cremation). Provider does not provide and you acknowledge that the following are not included under any circumstances:

  • Viewing or seeing the Pet before, during, or after the cremation process

  • Witnessing the cremation process

  • Paw prints, nose prints, fur clippings, or any other impressions or keepsakes

  • Private viewing rooms or facilities

  • Any services not expressly listed in writing and paid for by you

3. Nature of the Cremation Process; Irreversibility; Commingling

You acknowledge and understand that cremation is an irreversible process that uses high heat and flame to reduce the Pet’s remains to bone fragments, which are then processed into a finer consistency. Due to the mechanical nature of cremation and processing equipment, incidental commingling of cremated remains with those of other pets is possible even during Private Cremation. You accept this inherent limitation and agree that Provider cannot and does not guarantee that 100% of the Pet’s remains will be recovered or that the remains returned (if any) will consist solely of the Pet’s remains.

4. Personal Items and Effects Policy

Any items, collars, leashes, blankets, toys, or other personal effects delivered with the Pet will be cremated or disposed of at Provider’s sole discretion. These items will not be returned under any circumstances. This policy supersedes any verbal or written statement made by any employee, agent, or representative of Provider. By accepting these Terms, you expressly waive any claim to the return of such items.

5. Medical Devices, Implants, Microchips, and Foreign Objects

You authorize Provider to remove, destroy, recycle, or lawfully dispose of any medical devices, surgical implants, microchips, tags, collars, or other foreign objects found with or in the Pet. Such items will not be returned. Provider shall have no liability for the removal or disposition of these items.

6. Owner’s Representations, Warranties, and Authority

You represent and warrant that: (a) You are the lawful owner or duly authorized representative with full legal authority to make final arrangements for the Pet; (b) No other individual or entity has equal or superior rights to authorize cremation or disposition; (c) All information provided to Provider (including Pet identity and your authority) is true, accurate, and complete; and (d) The Pet is deceased (or was humanely euthanized in accordance with applicable law).

You agree to indemnify, defend, and hold harmless Provider from and against any and all claims, demands, actions, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to any dispute regarding your authority or the accuracy of information provided.

7. Release of Liability and Waiver of Claims

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, you hereby release, waive, forever discharge, and covenant not to sue Provider from and against any and all claims, demands, causes of action, damages (including emotional distress or loss of sentimental value), liabilities, costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, arising out of or related to the cremation services, the handling, processing, commingling, loss, or disposition of the Pet’s remains, or any other services provided under these Terms, including but not limited to claims based on negligence (ordinary or gross), strict liability, breach of contract, or any other legal theory.

This release is binding upon you and your heirs, executors, administrators, successors, and assigns.

8. Indemnification and Hold Harmless

You agree to indemnify, defend, and hold harmless Provider from and against any and all claims, demands, actions, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees and litigation costs) arising out of or related to: (a) the services provided; (b) any dispute regarding authorization, ownership, or disposition of the remains; (c) your breach of these Terms; or (d) any third-party claim related to the Pet or the services. This indemnification obligation shall survive the completion of services and any termination or expiration of these Terms.

9. Limitation of Liability and Exclusion of Damages

IN NO EVENT SHALL PROVIDER’S TOTAL LIABILITY to you or any third party exceed the total amount actually paid by you for the specific cremation services at issue. Provider shall not be liable for any indirect, incidental, consequential, special, punitive, exemplary, or emotional distress damages, or any damages based on the sentimental, emotional, or personal value of the remains or the cremation process, regardless of the cause or theory of liability. You acknowledge that cremated remains have no commercial or monetary value.

10. Payment Terms; Lien on Remains

Full payment is required prior to the performance of cremation services or prior to release of any remains or urn. Provider reserves a lien on the cremated remains and any urn or container until all amounts owed are paid in full. If payment is not received within thirty (30) calendar days after written notice, Provider may, at its sole discretion and without further notice or liability, dispose of the remains in any lawful manner. You remain liable for all fees, storage charges (if any), and costs of disposition.

11. Private Cremation – Return, Retrieval, and Unclaimed Remains

If Private Cremation is selected, Provider will use reasonable efforts to notify you when the cremated remains are available for retrieval. You shall have thirty (30) calendar days from the date of first notification to retrieve the remains. If the remains are not retrieved within this period, Provider shall have the full and exclusive authority, without further notice, to scatter, inter, or otherwise dispose of the cremated remains in any lawful manner at Provider’s sole discretion. You expressly waive, release, and discharge Provider from any and all claims, demands, or liabilities arising from such disposition.

12. Shared Cremation Provisions (If Selected)

If you select Shared Cremation (as indicated on your separate authorization form or during the ordering process), you additionally agree to the following: (a) The Pet will be cremated together with other pets in a group process, resulting in commingling of remains; (b) No ashes, cremated remains, or any portion thereof will be returned to you under any circumstances; (c) Provider has no obligation to isolate, identify, or return any specific remains; (d) Provider may dispose of or scatter all remains from the shared process at its sole discretion, without notice to or approval from you; and (e) You fully and irrevocably waive, release, and discharge Provider from any and all claims related to commingling, non-return, or disposition of the remains.

13. Biohazard Warning and Restriction on Additional Materials

Upon delivery or retrieval of the urn or cremated remains, you are strongly instructed NOT to accept, remove, or take possession of any additional materials, containers, equipment, packaging, or items from Provider’s premises or personnel. Such items may contain biological matter, blood, bodily fluids, or other biohazardous substances. If you disregard this instruction and take possession of any such items, you expressly assume all risk and liability and irrevocably waive, release, and discharge Provider from any and all claims, damages, injuries, or liabilities arising from the handling, possession, or use of such items.

14. Identification, Reliance, and Third-Party Deliveries

Provider shall rely exclusively on the information and representations you provide regarding the identity of the Pet and your authority. Provider has no duty to independently verify identity. If the Pet is delivered by a veterinarian, veterinary hospital, animal shelter, or any third party, you authorize Provider to rely on such third party’s representations and chain of custody. You release and hold Provider harmless from all liability relating to misidentification, condition of remains, or prior handling.

15. Delays, Force Majeure, and Expedited Services

Provider shall not be liable for any delay or failure to perform caused by circumstances beyond its reasonable control, including but not limited to equipment failure, power outages, labor disputes, natural disasters, pandemics, transportation issues, governmental actions, crematory capacity constraints, or other force majeure events.

If you paid for expedited services or a Choice Cremation Package and Provider is unable to meet the selected timeline due to force majeure or other unforeseen circumstances beyond Provider’s reasonable control, your sole and exclusive remedy shall be a refund of only the additional/expedited fees paid. No other damages or remedies shall be available.

16. Disposition If Owner Is Deceased, Incapacitated, or Unreachable

If you are deceased, incapacitated, or otherwise unreachable, Provider may, after thirty (30) calendar days from the first reasonable attempt to contact you or discovery of such status, dispose of the cremated remains (and any urn) in any lawful manner at its sole discretion, without liability. Any costs associated with such disposition shall be the responsibility of your estate, heirs, or legal representatives.

17. Disclaimer of Warranties; No Commercial or Sentimental Value

You acknowledge that cremated remains have no commercial or monetary value. Provider makes no warranties, express or implied, regarding the sentimental, emotional, or personal value of the cremation process or the remains. All services are provided “AS IS.”

18. Entire Agreement; Superseding Effect; No Oral Statements

These Terms (together with any separate authorization form, price list, or addenda that reference them) constitute the entire agreement between the parties and supersede all prior or contemporaneous oral or written communications, representations, warranties, promises, agreements, or statements made by any employee, agent, or representative of Provider, whether by telephone, email, text, website, or otherwise. No oral statement or promise shall modify or alter these Terms. No modification, amendment, or waiver of any provision shall be effective unless in a writing signed by an authorized representative of Provider and by you.

You acknowledge that you have not relied on any representation not expressly contained in these Terms and have had the opportunity to read these Terms in full, ask questions, and consult with independent legal counsel before accepting.

19. Governing Law, Venue, Severability, Survival, and Miscellaneous

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of laws principles. Exclusive venue for any dispute shall lie in the state district courts of Harris County, Texas or Fort Bend County, Texas, or the United States District Court for the Southern District of Texas (Houston Division). You consent to the personal jurisdiction of such courts and waive any objection based on venue or forum non conveniens.

If any provision of these Terms is held invalid or unenforceable, the remaining provisions shall continue in full force and effect.

All releases, waivers, indemnifications, limitations of liability, and any other provisions that by their nature should survive shall survive the completion of services, termination, or expiration of these Terms and shall be binding upon your heirs, executors, administrators, successors, and assigns.

These Terms shall be binding upon and inure to the benefit of the parties and their respective heirs, successors, and permitted assigns. You may not assign these Terms without Provider’s prior written consent.

20. Acknowledgment and Voluntary Agreement

BY CLICKING THE ACKNOWLEDGMENT BUTTON OR SIGNING ANY RELATED AUTHORIZATION FORM, YOU CERTIFY AND ACKNOWLEDGE THAT:

  • You have read these Terms in their entirety and fully understand all terms, including the broad releases of liability, waivers, indemnification obligations, limitations of liability, and the provisions regarding commingling, non-return of remains (for shared cremation), unclaimed remains, and biohazard warnings.

  • You are accepting these Terms voluntarily, of your own free will, without duress, coercion, or undue influence.

  • You have had the opportunity to seek independent legal advice before accepting.

  • You agree to all terms and conditions without exception.

  • You understand that cremation is final and irreversible.

These Terms are effective upon your acceptance (via button click or separate signature) and apply to all services provided by Provider.