TERMS AND CONDITIONS and Claybar Funeral Homes, Inc. are committed to providing accurate information to fully inform our client families of the various cremation options available and the rules and regulations governing cremation in the State of Texas.

1. Disclosures Concerning Cremation Procedures

The cremation, processing and disposition of the decedent's remains will be performed in accordance with all applicable regulations of the State of Texas and in keeping with the operational rules and Code of Ethics of, Claybar Funeral Homes, Inc. and Haven of Rest Crematory.

Cremation will only take place after all of the following conditions have been satisfied:
  1. Positive identification has been confirmed either by appropriate legal authorities or by a family member’s visual confirmation.
  2. All scheduled ceremonies with viewing have been completed.
  3. At least 48 hours have transpired since the death occurred or the required waiver received from the Justice of the Peace or Medical Examiner.
  4. The burial transit permit indicating cremation has been issued from a State Registrar and received along with the original copy of the cremation authorization form appropriately signed by the legal next of kin or legally authorized individual.
  5. The deceased has been placed in a cremation container or casket complying with all State and Crematory guidelines
  6. No objections concerning the cremation have been raised.

2. Disclosures Concerning the Cremation Process

Cremation is performed by placing the cremation container or casket holding the deceased into a cremation chamber or retort, where, through the use of propane gas, they are subjected to intense heat and flame. The container and its contents are consumed, except bone fragments (calcium compounds) and metal (including dental gold and silver and other non-human materials). Claybar Funeral Homes, Inc., at its sole discretion, reserves the right to remove all non-combustible materials before cremation and discard them in a non-recoverable manner.

Due to the nature of the cremation process any personal possessions or valuable materials, such as dental gold or jewelry (as well as body prosthesis or dental bridgework), that are left with the deceased and are not removed from the container prior to cremation will be destroyed, or if not destroyed, will be disposed of in a non-recoverable manner.

Following a cooling period, the cremated remains, which will normally weigh 5 to 8 pounds in the case of an average size adult, are collected from the retort. Every reasonable effort is made to remove all of the cremated remains from the retort. It is impossible, however, to remove all of them as some dust and other residue from the process is always left behind. In addition, while every effort is made to avoid commingling of cremated remains, inadvertent or incidental commingling of minute particles of cremated remains from the residue of previous cremations is possible.

After the cremated remains are removed from the retort, all non-combustible materials (as possible) are separated and removed from the human bone fragments by visible or magnetic selection and are disposed of in a non-recoverable manner. The cremated remains are then mechanically processed (pulverized). This process of crushing or grinding may cause incidental commingling of the remains with residue coming from the processing of previously cremated remains. These granulated particles will be virtually unrecognizable as human remains. They are usually whitish to light gray in color and may contain very small bone or dental fragments.

3. Disclosures Concerning Charges

No charges will be finalized until either the original Funeral Purchase Agreement, Preneed Trust or Insurance document is fully explained and signed by the authorizing agent. When your selections are submitted, a member of our Cremation Service Team will contact you to set a time to review your selections and answer any questions you may have.  You will be presented with a copy of the "General Price List," the "Facts About Funerals" or "Information About Prepaid Funeral Planning" brochure for your retention and your selections will be reviewed and confirmed.  You will then sign the necessary legal documents, your payment for services will be processed, and a receipt issued.  You will receive copies of all signed documents for your records.

You may choose only the items you desire. However, any funeral arrangements you select will include a charge for our basic services and overhead. If legal or other requirements mean you must buy any items you did not specifically ask for, we will explain the reason in writing on the statement we provide describing the funeral goods and services you selected.

Embalming is not required by law. Embalming may be necessary, however, if you select certain funeral arrangements, such as a funeral with viewing. If you do not want embalming, you usually have the right to choose an arrangement that does not require you to pay for it, such as direct cremation or immediate burial.

If you want to arrange a direct cremation, you may use an alternative container. Alternative containers encase the body and can be made of materials like fiberboard or composition materials (with or without an outside covering). The containers we provide are constructed of fiberboard, wood or suitable composite materials.

4. Authorization for Custody, Cremation and Final Disposition

I hereby authorize and request Claybar Funeral Homes, Inc. to arrange for the cremation service selected and grant permission for Claybar Funeral Homes, Inc., in accordance with its rules and regulations and any applicable state or federal laws or regulations, to take possession of, cremate, and carry out the final disposition as selected.

I certify that I am the nearest degree of relationship to the deceased and that I have the legal right or charge to authorize this cremation and the disposal of the cremated remains. I am not aware of any person with a superior or equal priority right. If another person has an equal priority right to authorize cremation, I have made all reasonable efforts but failed to contact that person and believe the person would not object to the cremation; I agree to indemnify and hold harmless Claybar Funeral Homes, Inc. for any liability arising from performing the cremation without the person’s authorization.

Prior to cremation, I acknowledge and affirm the remains will have been identified by appropriate legal and family representatives and that all necessary permits and legal documents will have been properly executed in compliance with prevailing state and federal regulations.

Upon proper identification and execution of all legal documents, I authorize Claybar
Funeral Homes, Inc. to deliver the remains to Haven of Rest Crematory for cremation. I understand that due to the nature of the cremation process any valuable metal, including dental gold, will either be destroyed or will not be recoverable. I further agree that I will indemnify and hold harmless, Haven of Rest Crematory, Claybar Funeral Homes, Inc. and their officers and employees from any liability, costs, expenses, or claims resulting from this authorization.

5. Acknowledgments and Agreement

I hereby acknowledge that I have the legal right to make the arrangements for the services selected as affirmed in section 4.

I further acknowledge that I have been offered for review, either on-line or in print, the "General Price List," "Information About Prepaid Funeral Planning," "Facts About Funerals" and "Terms and Conditions" as required by the State of Texas. (Click links to review or print documents)

6. Acceptance

By submitting this form I affirm I have read, agree to and accept the terms, conditions, disclosures, authorizations and acknowledgments presented in sections 1 through 5.