In this Client Agreement (hereinafter referred to as the “Agreement”), Clients are requesting to receive the following consulting services for one adoption from Christian Adoption Services, LLC DBA Christian Adoption Consultants (hereinafter referred to as “CAC”). By electronically signing below, Clients understand and agree to the terms of this Client Agreement.
Terms:
During the Term, CAC will provide the selected consulting services (the “Services”) including consultation call, 24/7 access to CAC adoption membership page including adoption resources, and email support. Clients understand this Client Agreement is in effect for up to 18 months. Clients may request to extend their services through a Contract Renewal for an additional 6 months for an additional fee if approved. Clients may also have options to renew or extend their term on a month-to-month basis for an additional fee if approved. Clients also understand that CAC agrees to provide consulting services until Clients receive placement for one adoption OR for up to 18 months, whichever occurs first.
DISCLOSURES
The Clients understand that the following disclosures are made by CAC. CAC is not a licensed adoption agency or attorney. Foreign countries or international agencies, in most cases, select the family based on the family’s dossier and/or paperwork. CAC is only responsible for consulting services rendered and is not responsible for the placement of a child. Clients understand and acknowledge that the foreign country could at any time close its doors, change its fees or change its requirements in such a way that Clients no longer qualify to adopt from that country. Clients also understand that CAC has no control over local, state, federal, and/or foreign governments (especially with regard to processing our immigration or dossier paperwork). Clients also understand that information in regards to adoption is time sensitive and CAC cannot be held liable for changes to adoption laws and/or international or home study agency policies/rules and fees.
CAC does NOT: (1) Facilitate domestic or international adoptions or act as a licensed adoption agency, attorney, or facilitator, which includes: communicating with or serving the expectant or biological/birth mother/father/family on behalf of the hopeful adoptive parents. (2) Guarantee a placement or adoption of a child(ren) and/or frozen embryo. (3) Take birth family surrenders/consents or arrange for the placement of a child or have any activity with the placement of a child(ren) or offer any legal services. (3) Offer medical advice or treatment and always recommend clients consult with their doctors regarding any medical treatments.
PAYMENT AND FEES
CAC fees are non-refundable, non-transferable, and due up-front when the Client Agreement is received. Clients fully and completely understand this policy and will not request a refund or transfer for any reason. The only reason a refund will be granted is if the client’s application is not accepted by CAC.
STATEMENT OF FAITH
Clients acknowledge to be active and practicing Christians.
CODE OF CONDUCT
Clients agree to conduct themselves in an ethical, moral, and Christ-like manner. Clients understand that if at any time during the adoption process that Clients’ behavior/actions are not consistent with the Christian faith or standards of good parenting, in the sole opinion of CAC, CAC can terminate the Client Agreement, stop all services, and no refund will be given. Such behaviors may include, but are not limited to: threats of violence, emotional instability, deceit and/or intent to falsify information, hide criminal and child abuse/neglect history, malicious intent, lying, uncontrollable anger, extreme negativity, and/or extreme profanity. Clients also understand that if they display negative behavior that could be deemed as “unfit,” CAC will report such behavior to the Client’s home study provider, adoption agency/attorney, embryo adoption program, and/or post-placement supervisory agency. Clients agree to notify CAC as soon as possible when any major life event occurs or circumstances change, such as separation, divorce, pregnancy, change in adoption plans, health issue, criminal event/history, and/or child abuse/neglect status, significant loss of income, and/or change of residence, etc. Clients understand that in certain circumstances such as the event of separation/divorce or criminal/child abuse/neglect history status change, or any other significant life change or event that could have an adverse effect on Clients’ ability to parent, CAC may terminate the Client Agreement, discontinue services, and no refund will be given. Clients also understand that if they receive an unfavorable home study, CAC will terminate the Client Agreement, discontinue services, and no refund will be given.
ETHICS
Clients certify that by signing this agreement, it signifies their intent to personally pursue a domestic, international, or embryo adoption. Clients agree to be honest and forthright when communicating their adoption preferences. Further, Clients agree that once there has been an official acceptance of a match with an agency, withdrawing from that match could immediately cancel services from CAC and terminate this Client Agreement with no refunds. CAC will have the sole opinion of whether to terminate this agreement based on the reason or situation surrounding the Client’s withdrawal from the match. Clients agree there is no way an agency can guarantee an unborn child’s gender, health, and even sometimes their ethnicity. Social and medical history reports provided can not be guaranteed. Clients agree not to accept a match with an adoption situation unless they accept these possibilities. Clients agree that if they are unable to consider situations due to life circumstances, they will communicate this information expediently to the consultant.
CLIENT COMMUNICATIONS AND DOCUMENTS
Clients understand and agree they will not request information regarding potential situations, adoption cases,(or donor information in embryo adoption) and other CAC services to be withheld from their spouse. Any communication with CAC by one spouse will not be considered privileged or confidential to the other spouse. Clients also agree to establish a joint adoption email (shared by husband and wife) for the purposes of their adoption at the beginning of services. Clients understand and agree they are responsible for responding to communication from Consultants. IF Clients are completely unresponsive to communication efforts for over 90 days, CAC will terminate the Client Agreement, discontinue services, and no refund will be given. All Client resources and education provided electronically by CAC are available 24/7 and only accessible online during the term of the contract.
LIMITATIONS
Clients accept and understand this Agreement and acknowledge that CAC operates as an adoption guidance, education, and consulting service, and in no way, claims to or operates as a licensed adoption placement agency, attorney, medical facility, or facilitator. Clients also understand CAC provides adoption guidance and advice only and CAC cannot guarantee any specific placement or situation. Clients understand CAC does not work directly with expectant/birth/placing families but offers embryo adoption services including coordinating services between donors and recipients.
RISK AND LIABILITY
Clients understand and agree that adoption is a risk. In addition, Clients agree to assume ALL liability and responsibility for the outcome of the adoption process and hold CAC harmless. In addition, Clients agree CAC is not liable for state laws, changes to state laws, and/or regulations preventing payment for consulting services. Clients agree CAC cannot be held liable for the actions or negligence of adoption agencies, attorneys, representatives, contractors, medical facilities/clinics, and/or adoption professionals. Clients also agree CAC cannot be held liable for a failed match, disrupted placement, or unsuccessful frozen embryo transfer for any reason.
CONSULTATION ACKNOWLEDGMENT
Clients acknowledge and understand CAC is comprised of multiple adoption consultants. Clients understand they will be assigned to a specific consultant and remain with the same consultant throughout the term of this Client Agreement in order to provide continuity of services. In the event the consultant is no longer a part of CAC, the Client will be transferred to another capable CAC consultant to provide services. Clients also understand that Consultants and/or Adoption Advocates may operate as independent contractors and CAC can not be held liable for the contractor’s actions.
CONFIDENTIALITY AGREEMENT
Clients agree that all the information obtained from CAC is a paid service to be used only for the sole purpose of the Client’s personal adoption and is considered confidential only to paying clients. In addition, ALL of the documents and communication Clients receive from CAC are part of our paid services and are the property of CAC. Sharing and/or distributing this information obtained from CAC in any manner, at any time, is strictly prohibited and in violation of this Agreement. This confidential information includes, but is not limited to, the CAC Adoptive Parent Guide, Agency and/or Attorney List, Embryo Adoption Program and Donor referrals, adoption situations, and all CAC email/phone/communication and advice. Clients understand and agree that this Confidential Agreement will remain in effect even after Client’s adoption is complete. Clients agree that sharing and/or distributing any confidential information provided by CAC could result in legal action against them.
NON-COMPETE AGREEMENT
Clients agree during the term of this Agreement and for a period of 36 months immediately following the termination/fulfillment of this Agreement, whether such termination is by CAC or the Clients, that Clients will NOT engage in, consult/contract with, or hold any position as a shareholder, director, officer, consultant, advisor, advocate, independent contractor, employee, partner or investor, or otherwise assist as a part of any business entity in any state of the US, that is engaged in any activities which are competitive with the business of providing adoption consulting, profile design, and all business activities reasonably related to Christian Adoption Consultants, LLC.
INDEMNIFICATION, LEGAL VENUE, AND MEDIATION
Clients shall indemnify, defend (at their own cost and expense), and hold CAC/Adored and its officers, employees, contractors, and agents harmless from and against any and all claims, suits, demands, damages, losses, and expenses arising from any breach, misrepresentation or other act or omission of the Clients. Clients understand and agree that this Agreement shall be governed by and construed in accordance with the laws of Georgia and the venue for any and all action or legal proceedings pertaining to this Agreement shall lie in Cherokee County, Georgia. Clients also agree that prior to any action or legal proceeding pertaining to the Agreement or CAC services, they shall enter Christian mediation which shall be conducted in Cherokee County, Georgia.
CLIENT ACKNOWLEDGEMENTS AND PERMISSIONS
Clients agree to all the terms and conditions and provide permission for CAC to process non-refundable payment to receive services. Clients also understand this agreement contains the entire Agreement of the parties and supersedes any and all previous Agreements, written or oral. This Agreement may only be amended or modified in writing and signed by both parties. Headings in this Agreement are for convenience only and do not confer rights or obligations, nor alter any terms of this Agreement. The provisions of this Agreement, that by their terms call for payment or performance subsequent to the expiration or termination of this Agreement, shall survive beyond termination.
