This Service Agreement is entered in to between said parties: Happy Beginnings LLC, primary office location is 1300 Salem Rd. Suite #3, Mount Vernon, IL 62864, hereinafter referred to as Service Provider and, Intended Parent(s) or Customer(s), making an online payment through Paypal to Happy Beginnings, LLC.
- The Customer is of the opinion that the Service Provider, Happy Beginnings, LLC has the necessary qualifications, experience and abilities to provide services to the Customer. Customer wishes to retain the services of Happy Beginnings, LLC.
- The Service Provider is agreeable to providing such services to the Customer, on the terms and conditions as set out in this Agreement.
IN CONSIDERATION OF the matters described above and of the mutual benefits and obligations set forth in this Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, the parties to this Agreement agree as follows: Engagement
- The Customer(s) hereby agree to engage the Service Provider to provide the customer with services consisting of complete facilitation of an ovum donation cycle, as further detailed in Section 4 below, and such other services as the Customer and the Service Provider may agree upon from time to time, and the Service Provider agrees to provide the Services to the Customer. Term of Agreement
- The terms of this agreement will begin on the date of this agreement and remain in full force and effect until completion of the services, or until terminated by one of the Parties. Performance
- Both Parties agree to use best efforts to ensure that the terms of this agreement take effect.
- For the Services provided by the Service Provider under this Agreement, the Customer will pay to the Service Provider compensation in the amount of $6,000.00 for Happy Beginnings, LLC agency fee. Fee will be payable $1000.00 within (5) business days of selection of an ovum donor and entering into this agreement and the balance of $5,000.00 within (10) ten business days of entering into this agreement. The $6,00.00 Agency fee is outlined as follows: $4,850.00 for the Service Provider's service coordination fee, $650.00 for the Reproductive Attorney Fee for the drafting and representation of the Intended Parents in the ovumdonor agreement and $500.00 for the premium for the Oocyte Donor/Recipient Accidental Health Insurance Policy.International clients residing outside the continental United States will be assessed an additional $500.00 fee. Payable within ten (10) business days of entering into this service agreement.In consideration for the agreed-upon compensation, the Service Provider agrees to provide the following services to the Customer:
- Utilize best efforts to locate an ovum donor to donate ova to the Customer;
- Ensure that the ovum donor completes a detailed questionnaire, including family and medical history, which shall be provided to the Customer's Fertility Clinic;
- Ensure that the ovum donor completes an MMPI and psychological evaluation with a licensed psychologist and provide the psychological evaluation report to the Customer's Fertility Clinic;
- Facilitate obtaining any additional information required by the Customer's Fertility Clinic to complete the screening process;
- Schedule Fertility Clinic appointments, arrange for local testing and locate local monitoring facility for out-of-area ovum donors;
- Establish and maintain a Trust Account for ovum donor cycle related expenses;
- At the conclusion of the ovum donor cycle, provide the Customer with a detailed accounting of all monies deposited into and withdrawn from the Trust Account, along with a refund of any remaining balance;
- Obtain an Oocyte Donor/Recipient Accidental Health Insurance Policy from Brown and Brown of Texas, and underwritten by AIG or other such comparable policy;
- Coordinate all travel arrangements for out-of-area ovum donors;
- Arrange for a Reproductive Attorney to draft and negotiate the terms of an Anonymous Ovum Donor Agreement on behalf of the Customer
- Arrange for an attorney to negotiate the terms of an Anonymous Egg Donor Agreement, as drafted by Customer's Reproductive Attorney on behalf of the egg donor; and
- Any other additional communication between the Customer,Donor, Fertility Clinic, and/or Attorneys necessary in furtherance of the cycle.
- The customer acknowledges that the agency service coordination fee is nonrefundable. The fee for the reproductive attorney is non-refundable once the initial draft of the anonymous ovum donor agreement has been provided to the Customer. The fee for the OocyteDonor/Recipient Accidental Health Insurance Policy is nonrefundable once the recipient or ovum donor has started injectable medications.Any funds paid out of the trust or expense accounts for the donor's medical screening, psychological screening, travel costs, oral contraception pills, or other expenses related to the preparation for and completion of the ovum donation cycle are non-refundable at any time.In the event that the selected ovum donor is unable to complete the ovum donation cycle and (1) one ovum retrieval procedure for any reason; the agency fees will be applied for services to facilitate a cycle with another ovum donor through Happy Beginnings, LLC.
- The following penalties will be imposed on the Customer for not submitting payment in a timely fashion. $1000.00 of agency fee must be paid upon selection of a donor. The balance of the agency fee as outlined herein, ovum donor compensation and trust account deposit for ovum donor's cycle related expenses must be paid within ten business days of entering into this service agreement. If all fees are not paid accordingly this could result in cancellation of the cycle and late fees will be assessed at 1%of payment amount per day for each day payment is late. Late fees will be assessed at the discretion of the Service Provider.
- The Service Provider acknowledges that compensation as provided for in this agreement constitutes full monetary compensation for the Services performed. Accordingly, there will be no additional compensation, unless the Customer requests, and the Service Provider so agrees, to provide additional services above and beyond those detailed herein. Any additional compensation for additional services shall be negotiated at the time the request for additional services is made. Expenses
- The Service Provider will be reimbursed from time to time for all reasonable necessary expenses incurred by the Service Provider in connection with providing the Services hereunder. A predetermined amount will be required to be deposited into a trust account established by Happy Beginnings, LLC for ovum donor cycle related expenses. These expenses may include but are not limited to psychological evaluation &MMPI analysis, genetic counseling, hotel, meal allowances, mileage reimbursement, taxis, rental car, airfare, flight protection insurance, baggage check fees, childcare, parking, tolls, FedEx, express mail, donor's attorney fee and additional expenses as necessary for the donor's participation in the ovum donor cycle. Deposit should be paid to Happy Beginnings, LLC upon commencement of this agreement. If additional funds are required for ovum donor expenses they will be submitted to Happy Beginnings, LLC by the Customer within five (5) business days from receiving a request for additional from Happy Beginnings, LLC. Such funds shall be placed in a trust account to be dispensed accordingly for ovum donor cycle related expenses. The Service Provider will furnish statements to the Customer for all such expenses. Any funds remaining, in the ovum donor trust account at the completion of the ovum donation cycle and after all bills incurred are paid, will be refunded to the Customer. Subsequent Cycle(s)
- In the event that the Customer wishes to undergo a subsequent fresh cycle with the SAME ovum donor AND at the SAME IVF Clinic as the first fresh cycle, within eighteen (18)months of the date of the execution of this Agreement, the Customer shall pay the Service Provider $6,000 Agency Fee for each subsequent fresh cycle with the SAME egg donor AND at the SAME IVF Clinic. The Agency Fee is outlined as follows: $4,850.00 for the Service Provider's service coordination fee, $650.00 for the Reproductive Attorney Fee for the drafting and representation of the Intended Parents in the ovum donor agreement and $500.00 for the premium for the Oocyte Donor/Recipient Accidental Health Insurance Policy.
- In the event that the Customer wishes to undergo a subsequent fresh cycle with the SAME ovum donor AND at the SAME IVF Clinic as the first fresh cycle, after eighteen (18)months of the date of the execution of this Agreement, the Customer shall pay the Service Provider the full fee of $6,000.00 for each subsequent fresh cycle with the SAME ovum donor AND at the SAME IVF Clinic.
- If the Customer wishes to undergo a subsequent fresh cycle with a DIFFERENT ovum donor AND/OR a DIFFERENT IVF Clinic as the first fresh cycle, the Customer shall pay the Service Provider the full fee of $6,000.00 for each subsequent fresh cycle with a DIFFERENT ovum donor AND/OR a DIFFERENT IVF Clinic.
- The Customer understands, acknowledges and agrees that the ovum donor shall be medically screened by the Customer's Fertility Clinic. The Service Provider makes no representations as to whether the ovum donor is medically and psychologically able to undertake the risks associated with the ovum donation process. Furthermore, the Agency cannot and will not act in any medical, psychological or legal capacity in relation to any aspect of the ovum donation cycle. The Customer will rely on the advice and information of the professionals retained and selected by them.
- The Service Provider makes every effort to locate ovum donors who are responsible and who are able to undergo the ovum donation process. However, the Service Provider cannot guarantee that the ovum donor will comply with or honor the terms and conditions of the Anonymous Ovum Donor Agreement. Also, there is no guarantee that the In Vitro Fertilization process will be successful and that if it is successful that any child or children created through the IVF process will be physically and mentally healthy.
Enforcement of This Agreement
- In the event that legal action is brought to enforce or construe any term of this agreement, the prevailing party will be entitled to recover, in addition to any other damages or award, all reasonable legal costs and fees associated with the action. Titles/Headings
- Headings are inserted for the convenience of the parties only and are not to be considered when interpreting this Agreement.
- The Service Provider acknowledges that a material term of the agreement with the Customer is to keep all confidential information belonging to the Customer absolutely confidential and protect its release to the public. The Service Provider agrees not to divulge, reveal, report or use, for any purpose, any confidential information which the Service Provider has obtained or which was disclosed to the Service Provider by the Customer.
- The obligation to protect the confidentiality of the Customer's confidential information will survive the termination of this Agreement and will continue indefinitely.
- The Service Provider may disclose any of the confidential information:
- to a third party, including the Customer's IVF Clinic and the Attorneys involved in the drafting and negotiation of the Anonymous Ovum Donor Agreement, without the written consent of the Customer. The Service Provider will not disclose any confidential information to any other third party without the Customer's prior written consent; and
- to the extent required by law or by the request or requirement of any judicial, legislative, administrative or other governmental body. However, the Service Provider will first have given prompt notice to the Customer of any possible or prospective order (or proceeding pursuant to which any order may result), and the Customer will have been afforded a reasonable opportunity to prevent or limit any disclosure.
- This Agreement is a personal one, being entered into in reliance upon and in consideration of the personal skill and qualifications of the Service Provider. The Service Provider will not voluntarily or by operation of law assign or otherwise transfer the obligations incurred pursuant to the terms of this Agreement without the prior written consent of the Customer.
- It is expressly agreed that the Service Provider is acting as an independent contractor and not as an employee in providing the Services hereunder. The Service Provider and the Customer acknowledge that this Agreement does not create a partnership or joint venture between them.
Modification of Agreement
- Any amendment or modification of this Agreement or additional obligation assumed by either party in connection with this Agreement will only be binding if evidenced in writing signed by each party or an authorized representative of each party.
Time of the Essence
- Time will be of the essence of this Agreement and of every part hereof. No extension or variation of this Agreement will operate as a waiver of this provision. Entire Agreement
- It is agreed that there is no representation, warranty, collateral agreement or condition affecting this Agreement except as expressed in it. Severability
- unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement.
- Unless otherwise provided for, all monetary amounts referred to herein will be paid in US dollars.
- It is the intention of the parties to this Agreement that this Agreement and the performance under this Agreement, and all suits and special proceedings under this Agreement, be construed in accordance with and governed, to the exclusion of the law of any other forum, by the laws of the State of Illinois without regard to the jurisdiction in which any action or special proceeding may be instituted.
- Although the Service Provider will make every effort to verify the information provided by the ovum donor, the Service Provider shall not be held liable for any inaccurate information, including any misrepresentations, made by the ovum donor in her application.
- The Service Provider has made arrangements with a licensed psychologist to administer a Minnesota Multiphasic Personality Inventory and perform a psychological evaluation on their ovum donors at a reduced rate. If the Customer elects to utilize the services of the psychologist recommended by Happy Beginnings, LLC to evaluate their ovum donor then the fee for the psychological evaluation of the selected ovum donor is $250.00 and will be deducted from the trust account established by Happy Beginnings, LLC and funded by Customer for the ovum donor's cycle related expenses. If the Customer elects to utilize a different licensed psychologist to evaluate the ovum donor then the cost for the evaluation will be the responsibility of the Customer and will be payable by Customer directly to the psychologist selected by the Customer. Ovum donors that have not previously participated in an ovum donation cycle or ovum donors with psychological evaluations dated more than 365 days old will be evaluated by a licensed psychologist after formal selection by Customer and submission of total agency fees' as outlined herein.
- The purchase of this policy is mandatory. The only way in which the purchase of this policy through Service Provider can be waived is if the Service Provider receives notification in writing, from Customer's IVF Clinic that the IVF Clinic is obtaining the policy on behalf of the Customer. Written notification must be received no later than fifteen (15) days prior to the commencement of injectable medications. If written notification is not received by this time, the policy will be purchased by the Service Provider and Customer shall be responsible for the costs associated therewith.
- The Service Provider has made arrangements with the several law firms specializing reproductive law to accept referrals from the Service Provider to represent its Customers at a reduced rate. If the Customer elects to utilize the legal services of one of the stated law firms then the legal fees are included in the Agency fee, as detailed above. Furthermore, although the attorney's fees for the Customer are to be paid by the Service Provider, the attorney's obligations are to represent the Customer. The Service Provider will not be a party to the Anonymous Ovum Donor Agreement, but will abide by any terms and conditions negotiated between the two parties, as permitted by law. If the Customer elects to utilize a different law firm, then the Agency fee will be reduced by $650.00. However, any legal fees associated with the drafting and negotiating of the anonymous ovum donor agreement shall be the responsibility of the Customer and shall be paid directly to the law firm selected by the Customer.
- The attorney's fees for the ovum donor are NOT included in the Agency fee. The Customer is responsible for the ovum donor's attorney fee, which will be deducted from the trust account established by Happy Beginnings, LLC and funded by Customer for the ovum donor's cycle related expenses The Service Provider has made arrangements with the several law firms specializing in reproductive law to accept referrals from the Service Provider to represent its ovum donors at a reduced rate of $300.00.
Happy Beginnings, LLC Managing Members
Primary Office: 1300 Salem Suite # 3 Mount Vernon, IL 62864
Submission of an online payment on the website(s) http://www.hbed.net/ or www.happybeginningseggdonation.com or http://www.egg-donors.us/. constitutes acceptance of these terms and conditions of Happy Beginnings, LLC.