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Memorabilia Storage Agreement

MEMORABILIA STORAGE AGREEMENT

This agreement is between XXXX whose address is YYYYYYYYYYYY (hereinafter referred to as the "Member") and the CRYONICS INSTITUTE, a Michigan non-profit corporation, whose address is 24355 Sorrentino Court, Clinton Township, Michigan 48035 (hereinafter referred to as "CI").

DEFINITIONS

    "Member" is the undersigned party to this Agreement, who shall be a Lifetime or Yearly Member of CI having an executed Cryonic Suspension Agreement and adequate funding committed to cryopreservation of that Member at CI.
    "Memorabilia" refers to the contents of the Memorabilia Storage Space.
    "Memorabilia Storage Space" shall consist of storage space allowing contents of no more than 2 feet by 14 inches by 9 inches (61 cm by 36 cm by 23 cm) and no less than 2 feet by 14 inches by 8 inches (61 cm by 36 cm by 20 cm).
    "Memorabilia Storage Fee" shall be the amount of money paid to obtain the Member's Memorabilia Storage Space, US$1,000 under the terms of this agreement.

NOW THEREFORE, the parties hereto, for good and valuable consideration, the receipt and adequacy of which are acknowledged herein, hereby agree that CI shall store the contents of the Member's Memorabilia Storage Space and that the Member 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.

    STORAGE BY CI
        CI shall use reasonable efforts to store the Member's Memorabilia in the Memorabilia Storage Space for possible future return to the Member in the event of the Member's cryopreservation and revival.
        Notwithstanding the foregoing, CI's obligations under this Agreement shall at all times be limited by each of the following factors:
            CI shall not be responsible for storing the Member's Memorabilia except in Clinton Township, Michigan (or such other location at which CI possesses facilities and equipment suitable for Memorabilia storage). The responsibility for transporting the Member's Memorabilia to Clinton Township, Michigan, or other such location as indicated by CI, shall rest with the Member, and not CI. CI may, in its sole discretion, aid in such transportation, upon payment of a reasonable fee requested by CI therefor.
            CI shall not be responsible for any problems relating to the Member's Memorabilia storage 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.
            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, terrorist action, act of nature, unanticipated disaster or shortage of materials) is excused, and CI shall be without liability therefor.
            CI's liability hereunder shall be limited to the lesser of the (1) Memorabilia Storage Fee and (2) fair market value of the materials stored by CI.
        CI will not accept for storage Memorabilia that is flammable, organic matter such as foods or animals, expensive valuables such as jewellery or rare coins, explosives or firearms. CI may reject any item for storage at CI's discretion.
        In the event that the Member dies without having been cryopreserved, CI will ship the stored Memorabilia to the person or organization specified in the CONTINGENCY section of this agreement, so long as shipping costs are paid. If no person/organization has been specified in the CONTINGENCY section of this Agreement, CI may dispose of the Memorabilia if the Member dies without being cryopreserved. If none of the persons/organizations specified in the CONTINGENCY section of this Agreement can be contacted or is willing to pay shipping costs, CI may dispose of the Memorabilia. The Memorabilia Storage Fee is not refundable in any case.
    PAYMENT
        The Member shall pay to CI the Memorabilia Storage Fee. The full amount of the Memorabilia Storage Fee shall be paid to CI prior to CI accepting Memorabilia for storage.
        There will be an additional $10 service charge for CI to make additions to the contents of the Memorabilia Storage Space after the initial Memorabilia contents have been provided. Payment must be made prior or in conjunction with the addition.
        There will be an additional $10 service charge plus shipping costs for CI to undertake removals of contents of the Memorabilia Storage Space for delivery to the Member.
        All payments for storage are non-refundable, even if the Member has no contents in the purchased Memorabilia Storage Space. All shipping costs must be paid by the Member or by an agent of the Member.
    CONTINGENCY

    If the Member dies without being cryopreserved, the Memorabilia shall be sent to the following persons or organizations at the cost of those persons/organizations. The persons/organizations are listed in order of preference to be contacted for storage (give name, address, phone numbers, e-mail addresses, etc., and attach additional pages if required):
            ___________________________________________________________________________________________
            ___________________________________________________________________________________________
            ___________________________________________________________________________________________
            ___________________________________________________________________________________________
            ___________________________________________________________________________________________
            ___________________________________________________________________________________________
            ___________________________________________________________________________________________
            ___________________________________________________________________________________________
            ___________________________________________________________________________________________
            ___________________________________________________________________________________________
            ___________________________________________________________________________________________
            ___________________________________________________________________________________________
    ASSIGNMENT

    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 Member.
    MISCELLANEOUS
        Invalidity of any section of this Agreement shall void only that section not the entire Agreement.
        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.
        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 court in Macomb County or a federal court of appropriate jurisdiction located in the Eastern District of the State of Michigan.
        Any modification or waiver of this agreement must be made in writing and signed by both parties.
        This Agreement shall bind the parties hereto and their agents, successors and assigns, including the Patient's estate and the executor thereof.
        The headings in this Agreement are for purposes of reference only, and shall not limit or otherwise affect the meaning of this Agreement.
        Whenever the singular number shall appear here, the same shall include the plural, and the neuter, masculine and feminine forms shall include each other.
        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.
        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 Building
                  Detroit, Michigan 48226

        To the Client: XXXXXXXX
                               XXXXXXXXXXXXX
                               XXXXXXXXXXXXX

IN WITNESS WHEREOF, the parties have signed this Agreement, which is finally executed at

Clinton Township, Michigan.

CRYONICS INSTITUTE: by _________________________________________________

It's Contract Officer, dated ___________________

CI MEMBER _______________________________, dated ______________


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