Trust Funded Prepaid Funeral Benefits Contract: Statement of Funeral Goods and Services Selected
This document is a prepaid funeral benefits contract. It outlines the goods and services selected to be provided for a deceased individual's funeral. The contract lists the basic services, transportation, facilities, and merchandise selected, such as a casket, urn, or outer burial container. It provides the costs for these guaranteed items. It also lists non-guaranteed cash advance items that may be needed, such as cemetery or crematory fees, with estimated costs. The document establishes the purchaser and beneficiary of the contract, defines key terms, and specifies the payment terms and methods for the total contract price.
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Trust Funded Prepaid Funeral Benefits Contract: Statement of Funeral Goods and Services Selected
This document is a prepaid funeral benefits contract. It outlines the goods and services selected to be provided for a deceased individual's funeral. The contract lists the basic services, transportation, facilities, and merchandise selected, such as a casket, urn, or outer burial container. It provides the costs for these guaranteed items. It also lists non-guaranteed cash advance items that may be needed, such as cemetery or crematory fees, with estimated costs. The document establishes the purchaser and beneficiary of the contract, defines key terms, and specifies the payment terms and methods for the total contract price.
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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Page 1 of 5 DOB Trust Form 10/6/11
Trust Funded Prepaid Funeral Benefits Contract
Contract No.________
Purchaser:___________________________________ Provider:____________________________ Contract Beneficiary:___________________________ Seller: (preprinted name / permit number)
Statement of Funeral Goods and Services Selected (A) GUARANTEED SERVICES & MERCHANDISE: The Total Contract Price below includes the goods and services to be delivered at the time of the Contract Beneficiary's death. You are not purchasing goods and services where price is left blank. You can purchase the goods and services left blank at the time of the funeral service. Certain purchases can be required by law or by a cemetery or crematory. This contract allows You to pay in advance and freeze the costs of the Guaranteed Services and Merchandise selected below.
BASIC SERVICES OF FUNERAL DIRECTOR AND STAFF, AND OVERHEAD $__________ EMBALMING: (explanation below) Embalming services ...................................... $__________ If You selected a funeral that may require embalming, such as a funeral with viewing, You may have to pay for embalming. You do not have to pay for embalming You did not approve if You selected arrangements such as a direct cremation or immediate burial. If we charged for embalming, we will explain why below. (describe):_______________________________________
OTHER PREPARATION OF THE BODY: Bathing body.................................................. $_________ Cosmetic/Beautician ...................................... $_________ Dressing/Casketing ....................................... $_________ Refrigeration fee (#days________) .............. $_________ Other ______________________________ $_________
USE OF FACILITIES AND STAFF: Rosary or prayer service ............................... $_________ Viewing/Visitation (#days________) ............. $_________ Funeral ceremony at funeral home ................ $_________ Funeral ceremony at other facility .................. $_________ Memorial service at funeral home .................. $_________ Memorial service at other facility ................... $_________ Use of equipment and staff for graveside service ........................................... $_________ Other ............................................................. $_________
TRANSPORTATION SERVICES: Transfer of remains to funeral home ( ________ mile radius) ............................ $_________ Hearse (funeral coach) .................................. $_________ Funeral Sedan ............................................... $_________ Limousine (#______) ..................................... $_________ Pallbearer car ................................................ $_________ Clergy car ...................................................... $_________ Flower car ...................................................... $_________ Other ............................................................. $_________
OTHER SERVICES: Forwarding of remains to another funeral home (describe) ___________________________ $_________ Receiving remains from another funeral home (describe)________________ $_________ Other ______________________________ $_________ Immediate Burial (Basic Charge) ................. $_________ Direct Cremation (Basic Charge) ................. $_________ Disposition: Burial Cremation Other
GOODS: Casket..$__________ Wood Type: ________________________ Steel: 16 ga 18 ga 20 ga ___ ga Stainless Bronze: 32 oz 48 oz. Copper: 32 oz 48 oz. Other: _____________________________ Seal Nonseal Gasketed Nongasketed N/A Interior Lining: Crepe Velvet Satin Other__________ Shell: Square Round Exterior color: (opt)______ Outer burial container (see explanation on page 2) $__________ Liner Vault Box Other (describe): ________________________________________________ Concrete Wood Type: ___________________ Steel: 7 ga 10 ga 12 ga 14 ga Stainless Bronze _____ oz. Copper _____ oz. Other:___________________________________________ Seal Nonseal N/A
Alternative Container: (describe) ____________$_________
Urn: (Name and Primary Construction) _____________________________________ $_________
Other _______________________________ $_________ Other _______________________________ $_________
(A) TOTAL COST OF GUARANTEED ITEMS:
$
Page 2 of 5 DOB Trust Form 10/6/11
Contract No.________
(B) NON-GUARANTEED CASH ADVANCE ITEMS: The items and amounts listed below are specified as Non-Guaranteed. You understand that these amounts are ESTIMATES only and are not frozen in cost. This section is to help You set aside funds for non-guaranteed items. At the time of death, these funds may be used for any cash advance items. You are not prefunding any items below where price is left blank. Initial here to confirm You have read this: ________
We charge You for our services in obtaining the items with the boxes marked: Cemetery Opening & Closing Fee .............. $_________ Cemetery Set-Up (tent-chairs-carpet) ........ $_________ Crematory Fees.......................................... $_________ Clergy Honorarium ..................................... $_________ Death Certificates ....................................... $_________ Flowers ....................................................... $_________ Obituary Notices ....................................... $_________ Organist/Pianist .......................................... $_________ Outside Facility Rental ............................... $_________ Police Escort .............................................. $_________ Transportation ............................................ $_________ Vocalist....................................................... $_________
Other ...........................................................$_________ Other...........................................................$_________ Other ...........................................................$_________ Other ...........................................................$_________
(B) TOTAL CASH ADVANCE ITEMS: $
Subtotal (A from page 1 + B): ...........................$__________
(Less): Discounts/Adjustments:______________ $___________ TOTAL CONTRACT PRICE: $
Explanation of Certain Charges 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. Reason for Outer Burial Container or Other: (describe):_______________________________________________________
Payment Terms
We must deposit your money in a Banking Department approved financial institution within 30 days of receipt. However, We can keep 50% of each payment You make up to 10% of the Total Contract Price for our selling expenses. How You will pay for this contract is shown below:
ANNUAL PERCENTAGE RATE (The cost of your credit at a yearly rate)
0% FINANCE CHARGE (The dollar amount the credit will cost You)
$0.00 AMOUNT FINANCED (The amount of credit provided to You or on your behalf)
$ TOTAL OF PAYMENTS (The amount You will have paid after You have made all payments as scheduled)
$ TOTAL SALE PRICE (The total cost of your purchase on credit including your down payment of $_______________)
$ Your payment schedule is: Number of payments Amount of payments When payments are due
PREPAYMENT: If You pay off early, You will not have to pay a penalty. ADDITIONAL INFORMATION: See your contract documents for information about nonpayment, default, the right to accelerate, and the requirement for payment in full before delivery of contracted goods and services by the Seller. ITEMIZATION OF AMOUNT FINANCED OF $___________. The full Amount Financed shall be credited to your account with Seller.
Page 3 of 5 DOB Trust Form 10/6/11
Contract Definitions
Contract Beneficiary - The person for whom this contract is purchased.
Responsible Person - The person who is legally responsible for the disposition of the Contract Beneficiarys remains. (Section 711.002 of the Texas Health and Safety Code defines who has the right to control the disposition of the remains.)
Provider- The person that signs this contract and agrees to deliver the funeral goods and services selected. The Seller and Provider may be the same company. (Section 154.161 of the Texas Finance Code defines the responsibilities of the Provider.)
Purchaser (You) - The person who is contracting to buy the funeral goods and services. This person may also be the Contract Beneficiary. If You are also the Contract Beneficiary, then after your death You means the Responsible Person.
Seller (We or Us) - The company that holds a Texas permit to sell prepaid funeral benefit contracts and signs this contract.
General Provisions
Guaranteed Services and Merchandise (A): As long as You follow the terms and conditions of this contract, and after the death of the Contract Beneficiary, the Provider must deliver all items selected on page 1 of the contract at no additional cost to You. The Provider will receive the money deposited for these items and the proportionate part of the income on deposit to deliver these items. The Provider is not required to refund You any of the proportionate part of the income under the contract on deposit to deliver these items.
Non-Guaranteed Cash Advance Items (B): The prices for these items are estimates only and final costs will be based on the existing prices at the time the items are delivered by the Provider. After the death of the Contract Beneficiary, the Provider pays for these items on Your behalf to third parties. The Provider shall apply the funds and the proportionate part of the income on deposit for these items to the current purchase price for the items. The Provider may collect more money from You if the amounts paid-in and the proportionate part of the income on deposit is less than the current purchase price to deliver these items. The Provider shall refund You or Your estate if the amounts paid-in and the proportionate part of the income on deposit is greater than the current purchase price to deliver these items.
The Responsible Person may add, surrender, cancel, or modify any non-guaranteed cash advance item included under this contract at the time of the funeral. If there is a credit value, it may be: (1) refunded to You or Your estate; or, (2) used to pay for additional funeral merchandise or services.
Taxes: You or your estate may incur a tax liability for earnings earned on deposits made under this contract. But these earnings are never paid to You. (See Internal Revenue Ruling (IRS) 87-127 and IRS Code Section 685)
No Warranty: The Seller and Provider make no express or implied warranties of merchantability or fitness for particular purpose for goods purchased under this contract. The only warranties are those expressed or written by the manufacturer. Specific brand name goods will be delivered only where so noted. Further, no representation is made that the specific items selected for the Cash Advance Items will be available at the time of death.
Change of Address: All parties must notify each other in writing of any address change.
Successor Provider: You cannot change the Provider, even if You move away, unless We and the Provider agree in writing.
Loan: You cannot take out a loan against the money deposited for this contract.
Cancellation: You cannot make a partial cancellation of this contract. This means You cannot change the funeral goods and services selected during the duration of this contract, unless a new contract is executed. You may change other contract terms only by written agreement signed by all parties. (For example, changing payment terms.)
Entire Agreement: This contract constitutes the entire agreement among the parties. This contract binds the parties or any other successor who assumes their rights and obligations under this contract.
Changing Contract Beneficiary: You may change the Contract Beneficiary of this contract at any time before your death. You must notify Us and the Provider to this change in writing.
Page 4 of 5 DOB Trust Form 10/6/11
Contract Cancellation
You may choose to give up your right to cancel this contract. You do this by signing a separate Waiver of Right to Cancel. If you sign a separate Waiver of Right to Cancel, You will not be able to cancel your contract or receive a refund.
If You cancel this contract WITHIN A YEAR of signing it and your payments are current, We are required to refund the greater of: (1) 90% of the actual amount of money You paid, or (2) the amount of money We have deposited into the approved financial institution for your contract. Read the Payment Terms section of this contract for the amount of money that will be deposited for You.
If You cancel this contract AFTER THE FIRST YEAR, You will receive the amount of your money deposited, less the amount We can keep, PLUS one-half of the net income earned on it.
If You wish to cancel this contract, the request must be made in writing on forms prescribed by the Banking Department. You must receive your cancellation refund within 30 days of your written notice.
If We request that You cancel this contract, You will receive a refund of all money paid and the net income earned.
Contract Default
If You are more than 30 days late making a scheduled payment, this contract may be considered void and We may: (1) cancel this contract and refund the cancellation benefit as described above to You; or, (2) apply the money deposited to a new funeral arrangement.
If the Contract Beneficiary dies and You have NOT paid this contract in full, then the Provider is not required to deliver the funeral goods and services selected; unless, (1) You have complied with your obligations by making all required payments under the contract; and, (2) You pay any remaining balance due on this contract before the funeral service, or, the Provider agrees in writing to another payment arrangement.
If the Provider goes out of business before the death of the Contract Beneficiary or is otherwise unable to honor the contract terms; then, (1) You and the Seller may agree to use a Successor Provider who will honor the contract terms; (2) You can make a claim to the Prepaid Trust-Funded Guaranty Fund. This Fund guarantees contract performance; or, (3) You can cancel the contract and receive a refund based on the cancellation benefit.
The Prepaid Trust-Funded Guaranty Fund covers this contract.
Changes to Disposition at the Time of Death
If You are the Purchaser and the Contract Beneficiary, You are the only person who can change the method of Your disposition selected in this contract. A disposition change can only be made by You signing a written document with new instructions AFTER the date of this contract.
If You are the Purchaser but NOT the Contract Beneficiary, You can change the method of disposition unless the Contract Beneficiary has signed written instructions regarding his/her disposition.
Changes to the Guaranteed Services and Merchandise at the Time of Death
Related to contracts not fully funded: If payments are due at the time of death, this contract is not fully funded and the final funeral service could be different from the funeral You planned.
Related to fully funded contracts: If no further payments are due at the time of death on the Guaranteed Services and Merchandise, this contract is fully funded. However, the Responsible Person may decide to change Your selections up to 10% of the Guaranteed Services and Merchandise. The Provider must give a credit if the changes result in decreased costs, but is not required to refund any money.
Page 5 of 5 DOB Trust Form 10/6/11
In addition, the Responsible Person and the Provider can agree to changes in excess of 10% of the Guaranteed Services and Merchandise selected. If the Responsible Person and the Provider agree to make changes in excess of 10%, the Provider must give credit for any changes that decrease costs and if applicable, issue a refund to Your estate. The Responsible Person must pay the Provider for any changes that result in increased costs.
You can prevent all changes to the Guaranteed Services and Merchandise that You have selected under a fully funded contract by signing the box below.
I am the Purchaser and the Contract Beneficiary. I do not want the Responsible Person to make any changes to the Guaranteed Services and Merchandise selected on page 1 of my fully paid contract. Sign here to confirm this is your choice. ____________________________________________
Required Signatures and Notices
Do not sign this contract before You have: (1) read it, (2) had an opportunity to ask questions and review the preneed informational website at www.prepaidfunerals.texas.gov, (3) received a copy of the Provider's General Price List, (4) received a copy of the Sellers Information Preneed Brochure (for contracts sold after J une 1, 2010), and (5) been offered the Providers Casket Price List and Outer Burial Container Price List before discussing or being shown these goods. You are to receive a copy of this signed contract. Keep this contract to protect your legal rights.
If You sign this contract at a place other than the Seller/Provider's place of business, You may cancel this contract at any time prior to midnight of the third business day after the date of this contract. See the Notice of Cancellation form provided to You for an explanation of this right. You do not have this right if the contract is signed at the Seller/Provider's place of business.
You certify by signing this contract that the Social Security Number listed below is the correct number issued to You. You also certify that You are not subject to any backup withholding or any other order that requires special reporting to the IRS. You will receive a copy of this contract and the Seller/Provider will retain the original contract. If a Seller's Representative signature is required, You will receive a copy of the dual signature contract within 30 days of final acceptance and execution.
Signed this day of ,20 at: Sellers / Providers Location or, (Place)
Purchasers Signature Providers Signature
Purchasers Social Security Number Providers Printed Name Phone Number
Purchasers Printed Name Phone Number Providers Address
Purchasers Address City State Zip
City State Zip Sellers Signature Sellers Printed Name
Contract Beneficiarys Printed Name Date of Birth Sellers Address Phone Number
Contract Beneficiarys Address City State Zip
_________ City State Zip Date and Signature of Sellers Representative (if required)
Inquiries should be directed as below. All complaints must be in writing. Concerning the Prepaid Contract: Concerning the Funeral Service or Funeral Director: Texas Department of Banking Texas Funeral Service Commission 2601 N. Lamar, Austin, Texas 78705 P.O. Box 12217, Austin, Texas 78711 1-877-276-5554 (toll free) 1-888-667-4881 (toll free) www.dob.texas.gov www.tfsc.texas.gov