LEGAL DOCUMENTS
(WARNING: Some of these documents are obsolete)
(Check Site Contents for individual documents)
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INTRODUCTION
People join CI mainly for the purpose of executing a Cryonic Suspension Agreement. This document (and a few shorter, related documents) are needed to safely prepare and maintain a patient for cryonic suspension upon pronouncement of legal death. In the interests of openness, and to give people a complete picture of how these things are arranged, we've decided to post these documents on our web site. But before you read it, it's important to understand why some of the language is phrased the way it is -- especially the various disclaimers and other statements intended to protect you (when you become a patient), as well as the corporate entity CI itself, against legal claims.
Basically, the contract says that, in exchange for the suspension fee, CI agrees to give its own best efforts, in its own good faith judgment, to place and maintain a member in cryonic suspension when the time comes, and to revive and rehabilitate that member when it becomes possible. It also points out that revival is uncertain. That although the scientific validity of cryonic suspension has been accepted by some prominent scientists and physicians, it has not yet been widely accepted (as was true at one time for many now-common medical practices). And that no one can take legal recourse against CI for failures or shortcomings, even should they turn out to be the result of negligence.
At first glance, some people misunderstand this. They assume it means that CI is free to cavalierly neglect its patient members, and under no obligation to give them competent protection. In fact its purpose is just the opposite: to give the patients the best protection possible, given all the circumstances. We know that prospective members understandably may feel that there should be potential legal penalties against an organization if its performance is below par -- and that is ordinarily a right and reasonable thing to want. But our situation is different.
Protecting a patient is the whole point of cryonics and the Cryonics Institute. We have a number of compelling safeguards against neglect built into our operations. But opening CI to expensive legal battles and penalties that would endanger patients, not protect them, isn't one.
To protect the life of every patient and every member we have, one need is central: CI has to survive as a stable, legally sound, financially secure patient care organization. It can't do that if we invite legal harrassment and lay CI open to law suits. And unfortunately, cryonics suspension by its nature does tend to invite that. In many cases, to help the organization and so improve their own chances, CI members sometimes leave additional bequests in their wills, up to hundreds of thousands of dollars. It isn't surprising that sometimes certain survivors or other possible beneficiaries would rather have that money go to them than toward saving the life of the member.
Please understand: we don't mean to suggest that your spouse or child has that intention. Some of the least selfish, most generous and compassionate help we've gotten has come from the families and friends of our patients. But circumstances are never certain. The people you hope will be helping you may pass away before you, or be unavailable at the time of emergency. You can't even be sure who your legal next of kin will be at some unknown date in the future. We had an actual case where the next of kin turned out to be cousins who had had virtually no contact with the member for many years -- but who nonetheless turned up promptly to make a claim when the member died. We did get the patient safely suspended, and even much of the patient's intended bequest, but it was costly, time-consuming litigation, and it put the patient at risk. Other organizations have had similar -- indeed, far worse -- experiences.
It is a sad fact that we live in a society where law suits are frequent, common, and ruinous. And we can't allow CI to be ruined. It puts not just one patient, but every patient and every member -- including you, perhaps -- at risk. For our patients to be protected, CI has to be protected. So we have to insure that CI is legally as unassailable and bulletproof as we can make it.
But does protecting our patients against legal endangerment mean that our patients have no defense against negligence on our own part? No: they have a great many defenses. But these have been built into the very structure of CI's operation, rather than into its legal documentation. For example:
1. In ordinary business one typically finds several interested parties, including stockholders, management, employees, and customers. All of these may have somewhat different and potentially conflicting interests. But in the case of CI and its members and patients, there is no such conflict. There are no stockholders, and very few paid employees, none of whom are directors or officers. The people who run CI are the members, and management is by the directors -- that is, members who are elected by, and can be removed by, the members. Any member can act as a watchdog for as long as he or she is a member, and can speak up whenever he or she thinks our policies need improvement. And since every director and official of CI is a member, that means that he or she is also going to be a patient one day, undergoing the same patient care treatment as all the others. So one reason we're giving the best service we can is because we personally are going to be receiving the exact same sort of service; and no one facing cryonic suspension or long patient maintenance wants it to be done in an incompetent manner. It's also true that many of our directors and officials already have family and friends in patient care at CI -- CI's current President, for instance, has both a wife and a mother in suspension at our facilities, and he isn't alone. Patient care at CI is not impersonal: we're caring for people we care about very much. It's simply not reasonable to think that we would throw away the only chance at life that our parents, our children, our friends, and we ourselves, have. Our lives, and their lives, are on the line. And so our best efforts on their behalf -- and your behalf, and ours -- go without saying.
2. We have no financial incentive to neglect patients. Unlike some other cryonics organizations, CI is not a profit-making organization. None of our Directors or officials receives so much as a salary. Nor, for that matter, do they receive any 'perks': there are no paid vacations, no private offices, no private secretaries at CI. Any income CI receives is publicly noted, and its allocations are openly discussed and available to the general public. Directors are not appointed but elected by members, and funds are allocated by a majority vote of the directors towards patient care and organizational upkeep alone -- and specifically not toward anyone's private pocket. Money directed towards patient care has no route towards being mis-directed into personal use: its trail is clear, and public.
3. We are an open organization. Members, people thinking about becoming members, and interested visitors are invited to visit our facilities. We've opened ourselves to news reporters and television -- in fact, a Japanese news organization filmed a story about CI on our premisses quite recently. We have one full-time and two part-time employees observing things on a rotating basis, and a number of Directors are in the close vicinity of our facilities and occasionally stop by to check on things and help out. We frequently have visits from people in other organizations as well, and we invite their scrutiny. We have cooperative agreements with the American Cryonics Society (ACS), a completely separate organization and in some ways a competitor; ACS has the contractual right to visit and inspect us and examine our records from time to time, and exercises that right.
4. So if something were wrong or suspicious, a whistle blower could very easily make accusations. It's never happened. Our continuing existence as an organization requires us to be able to demonstrate, publicly, again and again, that we do in fact take good care of our patients. And we do. Take a look for yourself and see.
5. People who haven't looked into cryonics procedures in detail often fail to realize the fact that it is very hard to neglect a patient. People seem to imagine that patient care requires hordes of doctors engaged in round-the-clock observation of sci-fi-like walls of high-tech instrumentation. It's just not so. Whereas the initial process of cryonic suspension and cooling does require some anatomical expertise, actual patient maintenance is both extraordinarily simple and relatively inexpensive. Patients -- in all cryonics organizations -- are maintained at -196 centigrade quite easily, by simple immersion in steel or fiberglass shells filled with liquid nitrogen. No complicated procedures are required. The patient simply floats in liquid nitrogen, and all that needs to be done to maintain him or her in cryonic sleep is to check the levels at regular intervals and add more to compensate for the amount that has evaporated. And in a well insulated container, it evaporates very slowly.
6. This has a number of positive consequences. First, it is virtually impossible to make serious mistakes -- or indeed any mistakes at all. All a caretaker needs to do is check periodically and add liquid nitrogen as needed. It isn't hard to do, and impossible to miss. Second, there is virtually no incentive for any official to 'skimp' -- less than a hundred dollars is not worth the trouble to embezzle, and whereas people might buy stolen cars and televisions, there is no 'bootleg market' we're aware of for stolen buckets of liquid nitrogen. Third: at CI we have not one but several individuals who can and do observe nitrogen levels on a scheduled basis. So even if one individual were somehow to incorrectly measure liquid levels, or incorrectly record them, another individual would soon spot it. (High-tech sensors could measure liquid nitrogen levels -- at high cost, and with the drawback of breakdowns and false readings. We prefer an infallible method: we have personnel check each cryostat out visually each day. A small error might be possible; a large error is not. Because liquid nitrogen evaporates slowly: it would be a long time indeed before enough evaporated to endanger a patient.
Fourth, not only is neglect unlikely, even attempts at deliberate damage from, say, vandals would be tough bordering on dangerous. If someone were to plunge his hand into liquid nitrogen, even with gloves, it wouldn't snap off right away like in the moves, but there would be quick damage and severe pain. Our protective shells, or cryostats, are built of such thickly reinforced layers of fiberglass that an ax would have difficultly breaking through, much less a leak. Even a determined attempt to injure a patient would be difficult, time-consuming, and dangerous, and we have redundant electronic and other security. Injury from simple neglect, while not absolutely impossible, is unlikely in the extreme.
Of course, just because damage from neglect is unlikely bordering on impossible doesn't mean that we can absolutely guarantee it will never occur. Global war, economic collapse, terrorism, freak acts of nature -- none of these possibilities can be dismissed over the long term. And CI is looking at the long term.
So, to protect CI and its patients, we have to assume that over the course of the next several decades, despite our best efforts and the almost foolproof nature of maintaining patients in immersion, it's possible that somehow something may go wrong and a patient may suffer injury. It's never happened. And it may never happen. We're working hard to see that it never does. But if it does, despite everything, we don't want all of CI, and every member and patient in it, to be put at risk too. And that means asking members to sign a Suspension Agreement which includes language protecting CI from potential law suits. We aren't alone in that. Every cryonics organization has essentially the same waivers.
So please: try to remember the purpose for the disclaimers in our Agreement. Take a look at our article on Comparing Policies And Procedures, or our FAQ. Get the whole picture. After all, we're all in the same boat together. The legal language is intended to protect us all, primarily against greedy (or simply honestly disagreeing) relatives who might turn up. Remember: we have many a lawyer in CI. Considerably more lawyers, in terms of percentage, than the general population. Each one understands the need for the Agreement's contract language, and each one's happy with it. They went through the legal paperwork and made their decision for CI. What did they know that you don't? They knew enough to look into it closely, to try to understand why the provisions were there, and to make use their common sense, and make a reasonable judgment. All we ask is that you do the same.
The other documents are suggestions for possible use. They may not be effective in your state or for your cicrumstances. You should consult a local attorney, who may use these documents as a resource.
-------- Note: Click here to print the Cryonic Suspension Agreement
that appears below or you can request printed copies by mail.NOTE: The following Agreement is an update as of April 30, 2001, slightly modified from previous versions.
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CRYONIC SUSPENSION AGREEMENT
This agreement is between ______________________________________ whose address is
______________________________________________________________________________ (hereinafter referred to as the "Patient") and the CRYONICS INSTITUTE, A Michigan nonprofit corporation , whose address is 24355 Sorrentino Court, Clinton Township, Michigan 48035 (hereinafter referred to as "CI").
This Agreement is based on the following recitals:
A. The Patient, being of sound mind and will, desires in the event of his/her death to have his/her body preserved by the process known as cryonic suspension, in the hope of possible treatment and revival at some time in the future.
B. CI engages in the cryonic suspension of individuals after their deaths in the hope of possible future treatment and revival.
C. The Patient desires that CI cryonically suspend the patient upon the patient's death, and thereafter attempt to revive, repair and rehabilitate the Patient, according to the terms and conditions set forth herein, and CI is willing to do so.
NOW THEREFORE, the parties hereto, for good and valuable consideration, the receipt and adequacy of which are acknowledged herein, hereby agree that CI shall cryonically suspend the Patient after the Patient's death, and that the Patient will make payment therefor, and that each of the parties shall perform such other tasks as may be required in connection therewith, in accordance with the terms and conditions set forth below.
1. CRYONIC SUSPENSION BY CI
a. CI shall use its best efforts to cryonically suspend the Patient, using such methods (consistent with the economic constraints imposed by the amount of the Patient's Suspension Fee) as CI determines in its good faith judgment are most likely to result in the preservation of the Patient's body and most likely to preserve the Patient's potential to function on revival as a living human being .
b. At such time that CI determines in its good faith judgment that the Patient can be satisfactorily revived and rehabilitated and that the patient's revival and rehabilitation are economically practical, CI shall use its best efforts to revive and rehabilitate the patient.
c. Notwithstanding the foregoing, CI's obligations under this Agreement shall at all times be limited by each of the following factors:
(i) CI shall not be responsible for cryonically suspending the Patient except at CI's facility in Clinton Township, Michigan (or such other location at which CI possesses facilities and equipment suitable for cryonically preparing the Patient). The responsibility for transporting the Patient's body to Clinton Township, Michigan, or other such location as indicated by CI, shall rest with the Patient, and not CI. CI may, in its sole discretion, aid in such transportation, upon payment of a reasonable fee requested by CI therefor.
(ii) The effectiveness of the Patient's cryonic suspension may depend upon the speed with which cryonic preparation of the Patient is begun after the Patient's death. CI shall not be responsible for any problems relating to a the Patient's cryonic preparation resulting in whole or in part from
(A) the unavailability of personnel, chemicals, and equipment;
(B) the lack of timely notice to CI of the Patient`s death, impending death or serious illness or injury: or
(C) the Patient's distance from Clinton Township, Michigan (or other such location at which CI possesses facilities and equipment suitable for cryonically preparing the Patient) and the legal, technical, and practical difficulties in transporting the Patient thereto.
(iii) CI shall not be responsible for any problems relating to the Patient's cryonic suspension or relating to CI's performance of its other duties under this Agreement, arising by reason of any federal, state, or local statutes, regulations, ordinances, or governmental or judicial directives.
(iv) CI shall not be responsible for any failure to cryonically suspend the Patient resulting in whole or in part from the Patient's breach of any of his/her duties under this Agreement, or from the failure of cooperation of the Patient's next of kin, family, physician(s), attorney, heirs or executors, or any medical care facility(s) treating the Patient at or near the time of the Patient's death, where such failure makes impractical the timely and adequate cryonic preparation of the Patient.
(v) Any failure by CI to perform its obligations hereunder, which failure results in whole or in part from the occurrence of a contingency beyond CI's reasonable control, and which contingency makes performance hereunder by CI impractical (such contingencies to include, without limitation, fire, strike, act of God, or shortage of materials) is excused, and CI shall be without liability therefor.
(vi) CI's obligations shall otherwise be limited as indicated in other sections of this Agreement.
d. When stand-by services are provided by CI, in expectation of the Patient's possible imminent death, as an aid to the Patient's timely cryonic preparation, and the Patient's death does not occur at that time, such stand-by services shall not be deemed to be performed in consideration of the Suspension Fee, and the Patient shall pay CI for its expenses incurred in connection therewith.
e. All decisions to be made by CI under this Agreement shall be made by CI in its sole judgment, and CI shall not be liable for the consequences of any such decisions made in good faith, whether or not negligent.
2. PAYMENT
a. The Patient shall pay to CI a Suspension Fee in the amount of $________________ (minimum $28,000 Twenty Eight Thousand Dollars U.S. for an "Option One" member, or $35,000 Thirty Five Thousand Dollars U.S. for an "Option Two" member, and subject to any riders hereto) in consideration of CI's efforts to Cryonically Suspend the Patient hereunder . The full amount of the Suspension Fee shall be paid to CI no later than 30 days after the Patient has been cryonically prepared.
b. The Patient shall provide CI with adequate proof that he/she will pay the Suspension Fee in accordance with paragraph 2a hereof; such proof (the adequacy of which shall be determined by CI in its sole good faith judgment) shall be provided prior to the Patient's death. If the Patient intends to pay CI by means of the proceeds of a life insurance policy, such proof shall include, at a minimum, the following:
The Patient shall provide CI with a copy of the policy showing CI as the unconditional beneficiary thereof, and annually with copies of cancelled checks indicating that the policy's premiums have been fully paid and the policy is in full force and effect . The Patient shall use his/her best efforts to produce periodically a certificate signed by the insurer attesting to the above, and incorporate a provision into the policy that the same may not be cancelled, and that the beneficiary may not be changed, without thirty (30) days' prior written notice to CI.
c. CI may increase the Suspension Fee and any figures for liquidated damages referred to herein, to reflect any actual or probable increases in the cost of cryonic suspension, whenever CI in it's sole good faith judgement determines that such an increase is necessary. The increase shall be effective upon thirty (30) days written notice thereof. Upon notice of such increase, the Patient may terminate the contract without liability therefor, by mailing written notice of termination to CI within thirty (30) days after receiving notice of such cost increase.
d . CI and the Patient agree :
(i) The funds received by CI in payment for the Suspension Fee shall not be segregated from the general accounts of CI;
(ii) The funds available for the Patient's cryonic suspension shall not depend on the Patient's specific payments to CI, except that,
(A) if there exist any options regarding the cryonic suspension of the Patient, some of which options may be judged by CI to be more effective than the alternatives generally used by CI, but economically practical only upon payment of a larger suspension fee, such more effective and more expensive options may be chosen by CI for use in the cryonic preparation of patients paying larger suspension fees where judged practical by CI, and
(B) patients paying larger suspension fees shall be entitled to priority in treatment if CI's funds became inadequate to permit continuation of the cryonic suspension of all of CI's patients using those methods judged most effective by CI: and
(iii) This Agreement is not, and shall bear none of the incidents of, a trust. Neither the Patient nor any of his heirs, successors, assigns, estate or agents shall possess any equitable interest in the Suspension Fee after the payment thereof to CI, or in any of the proceeds of CI's investment thereof, and CI shall owe no fiduciary duty to the Patient, or to his/her heirs, successors, assigns, estate or agents, in respect of this Agreement.
e. The parties agree that the Patient may make payments to CI, to be applied to the Patient's Suspension Fee, in advance of the Patient's clinical death. To the extent that part of the Suspension Fee has been paid in advance, the Patient shall be deemed to have complied with the requirements of paragraph 2h hereof, but to the extent that such prepayments have not been made, proof of payment pursuant to paragraph 2b shall be required. If the Patient terminates this Agreement pursuant to the terms thereof, the payments made by the Patient in respect of the Suspension Fee shall be refunded to the Patient, less an amount equal to the sums expended by CI in reliance on this Agreement.
f. The parties may agree to other methods of payment and/or proof of payment, which other methods will be indicated on a rider, attached to this agreement.
g. The Patient's full and complete performance of his/her duties under this paragraph 2 shall be a condition precedent to CI's performance of its duties under this Agreement. The Patient's obligation to make payment hereunder shall be independent of the payment or failure to make payment by any insurer or other third party.
3. DUTIES OF THE PATIENT
In addition to the performance by the Patient of his/her other duties under this Agreement, the Patient agrees that he/she is responsible for taking such action, and for persuading his/her relatives, heirs, next of kin, executor, legal representative, personal representative, physician, attorney, other persons with authority over disposal of the Patient's body or over the Patient's estate, and all other similarly situated individuals (all of the foregoing individuals hereinafter collectively referred to as "Related Individuals") to take such action as is indicated below:
a. The Patient shall permit CI to perform non-destructive testing on and take non-vital samples from the Patient's body during the process of cryonic suspension .
b. The Patient shall cause CI to be promptly notified of any serious illness or accident suffered by the Patient, if the Patient is capable of providing such notice.
c. The Patient shall execute any releases, consents and other documents provided by CI, and shall include any non-financial provisions in the Patient's will or in any trust documents pertaining to the Patient, as are reasonably required by CI to help effectuate the performance of this agreement and the cryonic suspension of the Patient.
d. The Patient hereby makes, constitutes and appoints CI to the true and lawful attorney for the Patient, with power and authority to determine the disposal of the patient's body after the Patient's death. The power of attorney being granted by the Patient to CI as herein above provided is a general power of attorney coupled with an interest and shall survive the death or disability of the Patient .
e. The Patient shall provide CI with all available information concerning the Patient's medical history, and shall update that information as frequently as is practical.
f. The Patient consents to CI's use or dissemination of information regarding the Patient's cryonic suspension according to CI's sole discretion, and consents to CI's use or dissemination of the Patient's medical history as found necessary or useful, in CI's sole judgement, to the performance by CI of this Agreement.
g. The Patient shall make his/her best efforts to attempt to enlist the cooperation of the related individuals in the Patient's timely and effective cryonic suspension, which cooperation shall include, but not be limited to, the following:
(i) If the Patient is not able to do so, a Related Individual shall notify CI of the Patient's serious illness, accident or impending death immediately after being informed thereof:
(ii) The Related individuals shall make efforts to persuade the relevant medical authorities to release the Patient's body to CI immediately after the Patient's death, such efforts to be made, if possible, in advance of the Patient's death;
(iii) The related individuals shall give any consents and sign any necessary release forms, certificates of death or other documents reasonably required by CI in connection with the Patient's adequate and timely cryonic suspension;
(iv) The related individuals shall not interfere in any way with the cryonic suspension of the Patient, and shall not, under any circumstances, permit the Patient to be embalmed or autopsied, nor shall any Related Individual allow any part of the Patient's body to be donated for medical research, nor shall any Related Individual take any legal action to avoid, terminate or interfere with the performance of this agreement;
(v) The Patient's attorney and the other Related Individuals shall take all actions that will aid CI in the performance of this Agreement, or that will effect the prompt payment to CI of the Suspension Fee in accordance with the terms of this agreement; and
(vi) The Related Individuals shall make any other efforts reasonably required by CI in order to aid in the Patient's cryonic suspension.
h. Any failure by the Patient or any Related Individual to perform the foregoing duties, which failure makes the Patient's cryonic suspension impractical, shall relieve CI of its duty to cryonically suspend the Patient.
4. CONTINGENCIES
a. If at any time the funds possessed by CI do not permit the continued cryonic suspension of the Patient's body in the manner deemed by CI to be most effective, CI shall continue the Patient's cryonic suspension by the use of such alternative methods as it finds reasonably suitable and economically practical, conforming whenever possible to the expressed wishes of the Patient. If the funds available do not permit the Patient's continued cryonic suspension by any method judged by CI to be possibly effective, or at such time that CI determines in its best good faith judgement that the Patient's continued cryonic suspension is certainly futile (by reason of lack of funds or otherwise), the Patient's cryonic suspension shall cease, and the Patient's body shall be disposed of by burial or cremation. CI shall not be liable for such termination of the Patient's cryonic suspension, provided that CI shall have performed its obligations under this Agreement.
b. If, for any reason, CI is not able to commence the Patient's cryonic suspension on a timely basis after the Patient's death (the timeliness of such commencement to be determined by CI in its sole good faith judgment, but conforming whenever possible to the expressed wishes of the Patient), the Patient shall not be cryonically suspended, the Patient's body shall be disposed of by burial or cremation, and CI shall not be liable therefor.
c. If, in CI's best good faith judgment, the cryonic suspension of the Patient is impractical, because of legal problems, interference by related individuals, medical, judicial or administrative authorities, or otherwise, CI may fail to commence or may cease the Patient's cryonic suspension, the Patient's body shall be disposed of by burial or cremation, and CI shall not be liable therefor.
d. In the event that CI does not cryonically suspend the Patient upon the Patient's death, CI shall be entitled only to such part of the Suspension Fee as is necessary to compensate CI for its costs incurred in connection with this Agreement. In such event, if the amount of the Suspension Fee is paid to CI pursuant to the Patient's insurance policy, disbursement of the amount of such payment to which CI is not entitled pursuant to this Agreement shall be governed by the provisions of Rider A hereof.
5. WARRANTIES
CI does not expressly warrant the quality of its efforts under this Agreement, and disclaims and excludes all warranties, express or implied, including all warranties of merchantability or fitness, except that CI promises to use its best efforts to perform its obligations under this Agreement, as limited by the terms hereof. The warranties excluded and disclaimed hereunder include, by way of example and not limitation, the following:
a. CI does not warrant that the Patient's cryonic suspension shall be successful ; in particular, CI does not warrant or represent that the Patient can or shall ever be revived or rehabilitated, that the cause of the Patient's death can be reversed, that future social institutions will permit the Patient's revival, or that the methods used to cryonically suspend the Patient will or can be successful. All of these prospects are completely uncertain, and CI and the Patient have entered into this Agreement with full knowledge of this uncertainty.
b. Because of the difficulty in evaluating methods of cryonic suspension, CI does not warrant that the method of cryonic suspension used with regard to the Patient shall be the most advanced or the most effective method available, but CI does represent that it will use its best good faith judgement in determining the method of cryonic suspension most likely to result in the Patient's revival in light of the financial constraints on CI and in light of the other factors affecting the Patient's cryonic suspension. CI shall not be obligated to use any particular method of cryonic suspension, notwithstanding the judgments of any practitioners or commentators as to the superiority of a particular method.
c. CI does not warrant that it shall cryonically treat the Patient with the aid of the most advanced equipment or the most highly trained personnel, but CI shall use the best personnel and equipment whose use is economically practical and which are reasonably available to CI under the circumstances, as determined in CI's best good faith judgment.
d. CI does not warrant that the Patient's cryonic suspension is legally valid or will be unimpeded by legal process.
e. CI does not warrant or represent that the amount of the Suspension Fee shall be adequate to pay for the Patient's cryonic suspension. The Patient acknowledges that the cost of cryonic suspension remains unknown, and CI's calculation of the Suspension Fee represents only CI's best estimate of the probable cost of cryonic suspension (as limited by the provisions of paragraphs 5f and 5g below), using methods of cryonic suspension judged possibly effective and chosen in light of the financial abilities of CI's patients generally.
f. CI does not warrant that it is or shall be capable of reviving or rehabilitating the Patient, or that the Suspension Fee is adequate to finance the Patient's revival or rehabilitation. The Patient acknowledges that CI possesses no current plans for the revival or rehabilitation of any of CI's patients, and that CI's calculation of the Suspension Fee does not include any amount set aside to pay for the Patient's revival or rehabilitation.
g. CI does not warrant that its investment of the portion of the Suspension Fee that will remain after the Patient has been cryonically preserved will be sufficient to permit a return on investment equal to the amount of the Patient's maintenance expenses, or that the investment shall otherwise be adequate. The amount of the Suspension Fee is based only on CI's best estimate of the costs of cryonic preparation, the probable return on investment from the unspent portion of the Suspension Fee and the probable costs of maintenance. CI's personnel are not financial experts, and CI shall not be liable for any good faith errors in business judgement in making such investments, whether negligent or otherwise.
6. REPRESENTATIONS OF THE PATIENT
a. The Patient represents that he/she:
(i) Understands that cryonic suspension is an unknown, untested process, and that no human being has ever been successfully cryonically suspended and revived, and that physical damage (which may be irreversible) will occur in his/her body through the use of current methods of cryonic suspension;
(ii) Understands that the success of cryonic suspension depends on future advances in science and technology and that the probability of success is completely unknown;
(iii) Understands that CI is a nonprofit corporation with limited resources;
(iv) Has read carefully and understands the disclaimers of warranty contained in this Agreement;
(v) Has carefully read and understands CI's information packet;
(vi) Has carefully read and understands this Agreement, and has had an opportunity to consult with an attorney regarding the same; and
(vii) Notwithstanding the foregoing, consents to the performance by CI of the Patient's cryonic suspension pursuant to this Agreement, and the performance by CI of its obligations under this Agreement, including its obligation to cryonically suspend the Patient according to CI's sole judgment and in accordance with the terms of this Agreement.
7. RELEASE
The Patient agrees to release CI, and its officers, directors, employees, servants, delegees and assigns, from all liability, loss, claims, expenses or damage (collectively referred to herein as "losses") resulting from, alleged to result from, or related to the execution or performance of this Agreement or any failures by CI to perform any of its duties hereunder for any reason whatsoever (except that the provisions of paragraph 5c hereof govern the liability of CI for damages to the Patient for breach of this Agreement), provided that CI shall use its best efforts to perform its obligations hereunder.
8. REMEDIES
a. Upon the failure of the Patient to pay the full amount of the Suspension Fee, such failure becoming apparent to CI only after CI has cryonically prepared the Patient, CI shall, at its sole option, either cease the Patient's cryonic suspension (disposing of the Patient's body by burial or cremation), or bring an action in a court of law to recover the unpaid amount of the suspension fee. If such court action is not successful within a short period of time (such period of time to be determined by CI in its sole good faith judgement), CI may then cease the Patient's cryonic suspension. If CI ultimately ceases the Patient's cryonic suspension, after the Patient's cryonic preparation, because of nonpayment, in whole or in part, of the Suspension Fee, CI shall be paid liquidated damages by the Patient's estate in the amount of $15,000, plus all costs of collection, including, without limitation, reasonable attorneys' fees and court costs incurred in the prosecution of any lawsuit to recover the Suspension Fee. If CI does not ultimately cease such cryonic suspension , CI shall be paid the full amount of the Suspension Fee by the Patient's estate , plus all damages suffered as a result of such nonpayment, and all costs of collection, including, without limitation, reasonable attorneys' fees and court costs.
b. The liquidated damages referred to in the foregoing paragraph are stipulated by the parties hereto because of the difficulty of determining and proving the actual damages suffered by CI as a result of such failures of performance by the Patient, and the Patient agrees that the dollar amount stipulated above is a reasonable figure for liquidated damages.
c. Upon CI's breach of this Agreement, since any damages resulting therefrom are uncertain and speculative (because of the uncertainty of cryonic suspension), and subject to the limitations of liability contained in this agreement, the Patient agrees that his recovery from CI shall not exceed the Suspension Fee already paid to CI, less the sum expended by CI in the performance of the Agreement. Notwithstanding the foregoing CI shall not be liable to pay any damages under any circumstances whatsoever where such payment will or may endanger the adequacy of the continuing cryonic suspension of other patients of CI.
10 TERMINATION
a. The Patient may terminate this Agreement without cause upon 60 days' written notice thereof, subject only to payment to CI of the sums expended by CI in reliance on this Agreement.
b. The Patient and CI agree that any attempted termination of this Agreement by another person on behalf of the Patient shall not be effective, and the Patient shall be bound by this Agreement in the case of any such attempted termination by any person other than the Patient, whether or not such person has the general authority to act on behalf of the Patient.
10. ASSIGNMENT
a. CI may assign and/or delegate part or all of its rights and duties under this Agreement, but only if, after such assignment and/or delegation, CI has substantial assurance that any delegee shall fully perform its obligations under this agreement. CI shall not be liable for the delegee's failure to perform its obligations to the Patient.
b. The Patient may assign and/or delegate this Agreement to another person so as to provide for such person's cryonic suspension, but only if CI is given adequate assurance that such person is capable of and intends to make the payments required, and after such person becomes a member of CI in accordance with the provisions of CI's by laws.
ll. MISCELLANEOUS
a. The invalidity of any paragraph of this agreement shall void only that section and not the entire agreement .
b. This agreement states the entire agreement of the parties hereto and is intended to be the final, complete and exclusive statement of the terms thereof.
c. This Agreement is reasonably related to the state of Michigan, and the rights and obligations of the parties hereunder, and all performance hereunder, shall be governed by and construed in accordance with the laws of the State of Michigan. Any action brought relating to this Agreement shall be brought in a state or federal court of appropriate jurisdiction located in the County of Wayne or Oakland, State of Michigan.
d. Any modification or waiver of this agreement must be made in writing and signed by both parties. CI's failure, in advance of the Patient's death, to declare a patient in default under this Agreement after a breach thereof, shall not be a waiver of CI's right to later declare such a default or to decline to cryonically suspend the Patient upon his/her death as a result of such default.
e. This Agreement shall bind the parties hereto and their agents, successors and assigns, including the Patient's estate and the executor thereof.
f. CI shall be a third party beneficiary of any agreement between the Patient and a Related Individual relating to the Patient's cryonic suspension, as well as of any trust or other agreement entered into by the Patient and relating to financial arrangements for the Patient's cryonic suspension.
g. The headings in this Agreement are for purposes of reference only, and shall not limit or otherwise affect the meaning of this Agreement.
h. Whenever the singular number shall appear here, the same shall include the plural, and the neuter, masculine and feminine forms shall include each other.
i. This Agreement is executed in counterparts, each of which shall be deemed an original, and all of such counterparts, taken together, shall be deemed an agreement.
j. Any notices required by the terms of this Agreement shall be made to the parties hereto at the following addresses (or such other address as a party shall later indicate):
To CI: Cryonics Institute, 24355 Sorrentino Court, Clinton Township MI 48035
with copy to:
David Ettinger (Attorney), 2290 First National Bldg., Detroit, Michigan 48226,
To the Patient: _______________________________________________________
___________________________________________________________________________________
12. DEFINITIONS
a. The "patient" is the undersigned party to this Agreement, and shall include, as a subject of cryonic suspension, the body of the undersigned after his/her death, and shall include, for purposes of determining the liability of the undersigned after his/her death, the undersigned's heirs, estate and/or successors in interest.
b. "Cryonic Suspension" is the process whereby:
(i) After an individual's death, his/her body is cooled, using processes intended to preserve the flow of oxygenated blood during the early part of the cooling process, and to preserve the body from cooling damage, until the body has reached the frozen state; and the body is then maintained in the frozen state until such time as the individual's revival to life, the repair of his/her body's diseases and injuries and his/her rehabilitation into the then existing society are thought practical; and then such revival, repair and rehabilitation are attempted; or -
(ii) After an individual's death, his/her body is prepared, and then preserved, until such time as the individual's revival to life, repair of his/her body's diseases and injuries and his/her rehabilitation are thought practical, and then such revival, repair and rehabilitation are attempted; such preparation and preservation to be implemented by such methods as CI in its best judgement finds most suitable .
c. "Cryonic preparation" shall mean those processes used to render the Patient's body into a state suitable for long-term preservation, and which may involve some of the processes indicated by paragraph 12b(i) hereof.
d. The "suspension Fee" is the amount set forth in section 2a hereof.
e. "Cryonic treatment" includes all processes and procedures incident to cryonic suspension.
f. Cryonic suspension is "impractical" when in CI's best good faith judgement, the Patient's timely suspension cannot be effected by CI within the economic constraints imposed by the Suspension Fee, or CI faces the significant possibility of substantial liability if it proceeds with the Patient's cryonic suspension.
IN WITNESS WHEREOF, the parties have signed this Agreement, which is finally executed at Clinton Township, Michigan, this ______ day of _________________, 20______.
CRYONICS INSTITUTE: by ________________________________________________________
its _____________________________________________, dated ___________________________
PATIENT (CI MEMBER) ____________________________________, dated _________________
Subscribed and sworn to before me this ___________ day of ____________, 20__________
_______________________________________ Name of Notary ___________________________
(Signature of Notary Public)
County and State _____________________________________
-------------------------------------- One of the following two documents is attached to the Cryonic Suspension Agreement. The Riders themselves (Version 1 or Version 2) are self-explanatory, but a word is in order as to the rationale or benefits of each.
It is unlikely, but possible, that CI may not be able to suspend the patient. For example, the patient's body may be destroyed in some disaster, or someone may somehow prevent the suspension. In that case, if CI receives the suspension fee, for example from the life insurance company, what happens to the money which was intended to pay for the suspension and storage? With Version 1 of Rider A, the money (less CI's expenses) is returned to the patient's estate, to benefit the patient's heirs.
A possible problem with Version 1 is that it may provide an incentive for relatives to try to prevent the suspension. Remember, you cannot be sure who your next of kin will be, or whether the next of kin may have a change of heart or change of circumstances. Therefore you may prefer Version 2, which says that CI keeps the money anyway. This helps CI and the other patients, and removes the incentive for a relative to try to prevent the suspension.
-------- Note: Click here to print the Cryonic Suspension Agreement Rider A, Version 1
that appears below or you can request printed copies by mail.----------
CRYONIC SUSPENSION AGREEMENT
Rider A, Version 1
This Rider is attached to the Cryonic Suspension Agreement between ___________________________________
currently residing at _________________________________________________________________________
(hereinafter referred to as the "Patient") and the CRYONICS INSTITUTE, a Michigan nonprofit corporation (hereinafter "CI"), which agreement was finally executed as of the ___day of _____________, ______ .
In the event that CI does not commence or does not continue the Patient's cryonic suspension, pursuant to the provisions of this Agreement, and CI possesses or receives part or all of the Suspension Fee through payment under the Patient's life insurance policy, trust agreement, or otherwise, any portion of the Suspension fee to which CI is not entitled shall be returned by CI to the Patient's estate, to be distributed in accordance with the provisions of the Patient's will.
IN WITNESS WHEREOF, the parties hereto have signed below:
CRYONICS INSTITUTE by __________________________its__________________ dated______________
PATIENT (CI MEMBER) ________________________________________ dated______________________
Subscribed and sworn to before me this ___________ day of ____________, 20__________
_______________________________________ Name of Notary ___________________________
(Signature of Notary Public)
County and State _____________________________________
------------------ Note: Click here to print the Cryonic Suspension Agreement Rider A, Version 2
that appears below or you can request printed copies by mail.----------
CRYONIC SUSPENSION AGREEMENT
Rider A, Version 2
This Rider is attached to the Cryonic Suspension Agreement between ___________________________________
currently residing at _________________________________________________________________________
(hereinafter referred to as the "Patient") and the CRYONICS INSTITUTE, a Michigan nonprofit corporation (hereinafter "CI"), which agreement was finally executed as of the ___day of _____________, ______ .
In the event that CI does not commence or does not continue the Patient's cryonic suspension, pursuant to the provisions of this Agreement, and CI possesses or receives part or all of the Suspension Fee through payment under the Patient's life insurance policy, trust agreement, or otherwise, any portion of the Suspension Fee to which CI is not entitled shall be retained by CI as a donation, to be used to further the corporate purposes of CI.
IN WITNESS WHEREOF, the parties hereto have signed below:
CRYONICS INSTITUTE by __________________________its__________________ dated______________
PATIENT (CI MEMBER) ________________________________________ dated______________________
Subscribed and sworn to before me this ___________ day of ____________, 20__________
_______________________________________ Name of Notary ___________________________
(Signature of Notary Public)
County and State _____________________________________
------------------- -------------------- Note: Click here to print the Last Will and Testament
that appears below or you can request printed copies by mail.The next document is not part of the basic package, but is something for you and your attorney to consider.
----------
LAST WILL AND TESTAMENT
REGARDING THE DISPOSITION OF MY HUMAN REMAINS
FIRST: I, ________________________________________ declare this to be my Will (Codicil to my Will dated ___________________________ ) directing the disposition of my human remains.
SECOND: I hereby revoke all contrary provisions in any prior Will or Codicil, and republish all other provisions by this instrument.
THIRD: I am over eighteen (18) years of age and currently reside at:
____________________________________________________________
____________________________________________________________
FOURTH: I direct that my human remains be preserved by the cryogenic treatment known as Cryonic Suspension.
FIFTH: I direct that my human remains not be embalmed, expressly forbid voluntary autopsy, and ask that my Executor and next of kin immediately carry out the directions of this instrument.
SIXTH: I authorize anyone having possession of my medical records to furnish them to the Cryonics Institute and direct my Executor and next of kin to provide whatever assistance is requested by the Cryonics Institute to obtain such records.
SEVENTH: If I have executed a "Cryonic Suspension Agreement" with the Cryonics Institute, I direct that this document be incorporated as a part of this, my Last Will and Testament.
EIGHTH: I realize and accept the fact that cryogenic treatment of human remains is new, experimental, unperfected, and involves unforeseeable medical and technical problems. I further realize that the treatment is not consistent with contemporary medical or mortuary practice, and that any expectation of being restored to life and health at some future date is speculative. I therefore hold my Executor, next of kin, Health Care Agent, or anyone else acting pursuant to the provisions of this instrument free of any liability arising from acts or omissions done in good faith. I intend this release to be binding on my heirs and beneficiaries.
NINTH: If any beneficiary contests, attacks or acts contrary to the directions of this instrument, any share or interest in my testamentary estate or trust estate given to that beneficiary under my Will is revoked. If any heir contests, attacks or acts contrary to the directions of this instrument, I give that heir the sum of one dollar ($1.00) and revoke any other testamentary disposition that may have been made to such heir and his or her issue.
TENTH: Should this instrument not be a codicil, and must serve as my final Will, I nominate the following person(s) to act as Executor, in the priority listed, to serve without bond:
_________________________________________________________________
_________________________________________________________________
___________________________________________________ _____________
Signature of Testator Date
Page 1 of 2 ATTESTATION CLAUSE
On the date written below the testator of this instrument,
_____________________________________________ (name), declared to us the undersigned, that this instrument consisting of two pages including this page signed by us as witnesses and any added pages incorporated in this instrument, was the testator's (Will) (Codicil), that s/he knows the contents thereof, and requested us to act as witnesses to it. The testator thereupon initialed pen alterations and deletions in this instrument, signed the bottom of each page herein, and signed this instrument; all being done in our presence with each of us being present at the same time. We now, at testator's request, in testator's presence and in the presence of each other, subscribe our names as witnesses.
DECLARATION OF WITNESSES We declare under penalty of perjury that the foregoing is true and correct, and that this declaration was executed on the date of _____________________ , at the city, state and country of
______________________________________________________________________
under the laws of the State of ____________________.
___________________________________ _________________________________
Signature of Witness 1 Print name
____________________________________________________________________
address
_____________________________________________ _____________________
city, state, zip code Social Security No.
___________________________________ ___________________________________
Signature of Witness 2 Print name
________________________________________________________________________
address
____________________________________________________ __________________
city, state, zip code Social Security No.
Page 2 of 2 --------------------
Note: Click here to print the CRYONIC SUSPENSION FUNDING AGREEMENT
that appears below or you can request printed copies by mail.CRYONIC SUSPENSION FUNDING AGREEMENT
ASSIGNMENT OF MUTUAL FUNDS BY 3RD PARTYPursuant to the Cryonic Suspension Agreement between Cryonics Institute (CI), and
___________________________________ (the Patient), dated ______________;
This Funding Agreement is between Cryonics Institute, the Patient, and
____________________________________________________ (the Fund Owner),
who is the _______ of the Patient; and wherever applicable said Suspension Agreement is hereby amended to include the provisions of this Funding Agreement.
In consideration of execution by CI of the aforesaid Cryonic Suspension Agreement, the Fund Owner agrees to pay the Suspension Fee by assignment to CI of ownership of a certain mutual fund account or accounts owned by the Fund Owner. This assignment will be in a form and manner satisfactory to the mutual fund company, effectively conveying such transfer, and the effectiveness of the assignment must be acknowledged by the mutual fund company. The total value of the accounts will be equal to or greater than the agreed-upon minimum of $____________.
If such assignment is made (ownership transferred to CI) before death of the Patient, then CI agrees to the following:
Until death of the Patient, CI will hold the account(s) without trades, (purchases or redemptions), will continue the policy of re-investing all dividends back into the fund(s), and will reassign ownership back to the Fund Owner upon request, on 30 days written notice, less any tax liability or other expenses CI may have paid or incurred. CI, at the expense of the Fund Owner, will mail him copies of the monthly or quarterly reports put out by each fund company, 4 times a year (in January, April, July, and October).
If the Fund Owner should die before the Patient, the estate of the Fund Owner shall have all the rights of the Fund Owner, except the right to request reassignment of ownership.
Also, before death of the Patient, if the value of the accounts rises to more than 40% above the stated Suspension Fee, under the Patient's Cryonic Suspension Agreement, CI, upon 30 days written notice request, will refund the excess to the Fund Owner, less any expenses incurred in so doing.
If CI retains ownership, then, after death of the Patient, if the value of the fund(s) is greater than the stated Suspension Fee under the Cryonic Suspension Agreement), then CI will repay to the original owner any such excess, less any expenses incurred by CI. .
If for any reason the body and or brain of the patient is destroyed or so severely damaged that suspension is not practical or reasonable, or if suspension is prevented by forces outside the control of the Fund Owner, (such as intervention by government officials), the Fund Owner will provide to CI notarized report(s) on the circumstances of the death and subsequent events, sufficient to satisfy CI of the facts, in CI's sole good faith judgment. In this case CI will reassign ownership of the account(s) back to the Fund Owner within 30 days, less any tax liability or other expenses CI may have paid or incurred, and less the sum of ________ dollars, which will be considered a donation to CI from the Fund Owner.
When suspension is "not practical or reasonable" shall be determined by CI, following any written guidelines previously supplied by the Patient, in CI's complete discretion. .
If the value of the fund drops below the minimum value of $__________, the Fund owner agrees to send CI enough money to be invested in the fund to return it to the minimum value plus ______ %, within 2 weeks of notification by CI. If the Patient should die within this 2 week period, CI will not refuse or delay provision of agreed-upon services, but will retain the remedial rights in the Cryonic Suspension Agreement. .
---------
The mutual fund accounts to be transferred to C.I. under this agreement are:
FUND NAME(S) COMPANY NAME ACCOUNT NUMBER CURRENT VALUE
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
1
2
3
4
5Signed and dated:
Cryonics Institute, by ________________________________ on __________________
Patient: _________________________________ on __________________
Notary Public or Two Witnesses for signature of Patient
____________________________________________________________________________
Fund Owner _________________________________________ on ____________________
Notary Public or Two Witnesses for signature of Fund Owner
___________________________________________________________________________
There are also additional documents that may be useful to some members or in special situations -- the Consent/Release for Cryonics Suspension form, the Uniform Donor Form, the Next Of Kin Agreement, the Cryonic Suspension Agreement Option Two Rider, the Cryonic Suspension Agreement Local Help Rider (for Option One members) and the Cryonic Suspension Agreement Local Help Rider (for Option Two members), the Foreign Funding Rider for non-U.S. resident Option One members, the Foreign Funding Rider for non-U.S. resident Option Two members, the Pet Storage Agreement, the Tissue Storage Agreement, and the Tissue Storage Successor Agreement.
Readers may examine them or print them from the web by clicking on the above links. In addition, a zip file of these and the above documents will be made available on this site shortly.
Email us at: mailto:cryonics@cryonics.org