AGREEMENT BETWEEN THE EGG DONOR CO AND EGG RECIPIENT PARENTS
- The Egg Donor Co operates as an agency in the practice of securing women who agree that they are willing to donate their eggs to Recipient Parent/s in need of donor eggs.
- Recipient Parent/s have requested the services of The Egg Donor Co to assist them in the selection of a woman (hereinafter referred to as “egg donor”) to undergo trans-vaginal aspiration of her eggs/oocytes for donation to the Recipient Parent/s with the Recipient Parent/s preferred doctor/specialist/clinic.
- The egg donor has contracted separately with The Egg Donor Co to donate all her eggs/oocytes arising from a donation cycle that will be initiated on a date determined by the fertility clinic chosen by the Recipient Parent/s. In terms of that agreement, the egg donor confirms their understanding that the rights to any eggs/oocytes and embryos resulting from the procedure will reside with the Recipient Parent/s.
- The egg donor and Recipient Parent/s remain anonymous to one another and there are no contractual rights or obligations between
- In terms of this agreement, the Recipient Parent/s receives full rights to any eggs/oocytes or embryos resulting from this
- Recipient Parent/s agree they will release The Egg Donor Co, its agents, directors, partnerships, joint ventures, representatives and employees, from any and all liabilities associated with the egg donor programme.This paragraph is not an attempt to avoid responsibility for misconduct or negligence on the part of any of the aforementioned parties.
- In the consideration of mutual promises contained in this Agreement, and intending to be legally bound, Recipient Parent/s hereby agree to pay to The Egg Donor Co the prescribed fee as stipulated in point 36 of this agreement, (hereinafter referred to as “The Egg Donor Co (match) fee”).This matching fee is in compliance with SASREG eggs/oocytes donation criteria and guidelines for advertising, recruitment, maintaining egg donor profiles and database, providing access to the Egg Donor Database and co-ordination, support and administrative services.
- The Egg Donor Co fees are payable after the egg donor’s acceptance to donate, in order to secure your egg donor. No egg donor information or identity will be made available to the clinic and the egg donors treatment will not commence until full payment has been received in the The Egg Donor Co Bank
- No portion of The Egg Donor Co’s Fees outlined above is refundable regardless of whether the Recipient Parent/s receive a successful treatment cycle with donor eggs or not, pursuant to this contract entered into; assuming The Egg Donor Co complies with the following duties and obligations, or stands ready to comply with the same in good faith:
9.1. provides the selected egg donor’s details and consent to donate to the fertility clinic;9.2. takes all reasonable measures necessary to guarantee the anonymity and confidentiality of the egg donor process, including the identity of the Recipient Parent/s, notwithstanding that the egg donors details will be made available to the fertility clinic and the treating psychologist;
9.3. on request by the fertility clinic, arranges for the egg donor to have a medical and psychological assessment;
- The Egg Donor Co agrees to refund the The Egg Donor Co match fee only (excluding transport monies paid to donor & psychological assessments with certain psychologists), as paid, in full, or find a suitable replacement egg donor of the Recipient Parent/s choice, should:
10.1. the chosen egg donor withdraws, by her own will, or by uncontrollable circumstances, after initial acceptance or at any time prior to eggs/oocytes
10.2. the chosen egg donor fails her medical or psychological examination, or is rejected by the clinic for any reason.
10.3. the Recipient Parent/s understand and accept that, should an international refund need to be made, the total cost implications thereof will be for the recipients Such costs, as advised by our bank, will be deducted from the refunded amount by the bank. Local refund transfers attract no additional costs. All refunds will be made via Electronic Funds Transfer only (EFT).
- The Recipient Parent/s understand and accept that once they have made payment to secure a specific egg donor, she is unavailable to others couples for selection.
- The Egg Donor Co will not refund any monies paid as match fees, should:
12.1. the Recipient Parent/s decide not to progress with the egg donation, at anytime and for whatever reason, after initial match fee has been received by The Egg Donor Co.
12.2. the Recipient Parent/s select an egg donor and do not commence the donation cycle within 90 days from the date of making initial payment deposit to The Egg Donor Co, unless an unexpected delay is discussed with, and agreed by, the representative of The Egg Donor Co in
12.3. because The Egg Donor Co is not in control of the medical process, in the event that a egg donor is stimulated by the clinic but has empty follicles AND the clinic is still happy to use the same egg donor for another attempt, no additional fee will be charged, provided that the egg donors new Egg Retrieval (ER) date is within 60 days of the last proposed ER date.
12.4. should no eggs be retrieved at egg retrieval procedure (empty follicle syndrome) the Recipients have a 30 day period to select another donor, free of Agency Fee (R19 800). However other fees pertaining to a new donor egg retrieval cycle (i.e. transport, psyche assessment, medical fees to fertility clinic and new donor compensation) will still payable by the Recipient. Donor needs to start the program within 60 days of
12.5. should the egg donor commence with the donation cycle, and not stimulate well / at all or according to the clinics requirements, having been medically assessed by the clinic prior to commencement of the donation cycle,The Egg Donor Co is not responsible or liable to provide a refund of the match fee paid to The Egg Donor Co, to secure that particular egg donor.
- Although medical and psychological screening is undertaken by the Recipient Parent/s fertility clinic on all egg donors prior to proceeding with any egg donation programme,The Egg Donor Co’s match and management fee is payable again at a 50% discounted rate to proceed for another egg donation cycle in the unfortunate event of no conception or failed cycle, including that but not limited to any of the following:
13.1. inferior eggs/oocytes retrieved
13.2. eggs/oocytes do not fertilise
13.3. fertilised eggs/oocytes do not grow further or fail to implant
14.5. pregnancy problems
- The Recipient Parent/s understand and accept that The Egg Donor Co is not a medical agency and does not conduct the medical and psychological assessments of the selected donor and, as such, is not responsible for the results of the egg donation, neither is The Egg Donor Co liable for any medical costs incurred during any time from egg donor selection onwards, irrespective of the outcome of any such.
- Should an egg donor be selected, medically assessed and found by the clinic or psychologist, not to be suitable for egg donation, whether in a first or subsequent attempt by the Recipient Parent/s, with a new egg donor,The Egg Donor Co is not liable for any costs which may have been incurred with the clinic and/or psychologist
- The Egg Donor Co cannot and will not act in any medical, psychological, or legal capacity in relation to the egg donation procedure in its entirety. No information given by The Egg Donor Co is intended, and should not be construed as, providing medical/psychological or legal
- Legal counsel, psychologist and infertility specialist and his/her staff, as herein described, are not agents, employees or partners of The Egg Donor Co. The Egg Donor Co is associated with various professionals in the field of third party However, each professional is individually responsible for his/her own services.The Egg Donor Co is an independent professional and acts as coordinator between the fertility clinic/ Doctor, Egg Donor and the Recipient Parent/s only. Said professionals are independent contractors, and no agency, partnership, employment, or joint venture is created or intended to be created between The Egg Donor Co and any professional herein. Recipient Parent/s understand that The Egg Donor Co has a limited and discrete role in the coordination of the Egg Donation Programme.
- Recipient Parent/s understand and acknowledge that The Egg Donor Co does not have the right to control, direct or supervise psychologists, doctors or lawyers or any other professionals rendering services for the proposed Egg Donation
- Recipient Parent/s are responsible for the egg donors’ compensation payment, as determined and stipulated by SASREG medical guidelines, which is a separate and additional cost over and above the The Egg Donor Co agency fee and understand that The Egg Donor Co is not permitted to receive or bargain as regards to this stipulated amount and its payment, in full, to the donor, irrespective of the egg donation outcome.
- Recipient Parent/s understand that, should they select a egg donor required to travel for her donation, they are responsible for all costs incurred by the egg donor for This includes, but is not limited to, a daily travel allowance, accommodation, flights and clinic/airport transfers.The cost estimate which The Egg Donor Co prepares is an estimate at a point in time. Should the actual travel costs vary from the cost estimate, the recipients understand that they are responsible for any and all such changes. Such changes may include, but are not limited to; flight fare changes, extension of egg donors stay as requested by the clinic, additional egg donor accommodation and transfers, additional egg donors daily allowances.
- The Egg Donor Co will confirm the costs with the recipient prior to confirming the travel arrangements. In such an instance, The Egg Donor Co is not responsible for any costs incurred as a result of a cycle/egg donors travel
- Recipient Parent/s are advised that The Egg Donor Co does ask “local” egg donors, before confirming their availability to Recipient Parent/s, whether they are able to get to and from clinic appointments. Recipient Parent/s s however accept that in certain cases, egg donors do request, post being selected, and sometimes into the donation cycle, for assistance in getting to the clinic.This may happen depending on when scans at the clinic are requested (which is unforeseeable by us or the egg donor) and may happen for the actual egg retrieval date, when she needs to have someone drop and collect her. The Recipient Parent/s will be liable for any transfers/ transport required.
- Recipient Parent/s understand that all costs relating to egg donors travel, once approved by Recipient Parents, must be paid in full to The Egg Donor Co before the egg donor will be allowed to travel. Failing which the egg donor will not be permitted to proceed with the donation until full payment has been made.
- Recipient Parent/s understand and agree that The Egg Donor Co, its agents, directors, partnerships, joint ventures, representatives and employees, in no way guarantee or warrant the following:
24.1. that the egg donor will pass her medical and psychological assessments and be cleared to donate;
24.2. that the egg donor will produce eggs/oocytes/ and/or viable eggs/oocytes;
24.3. that the eggs/oocytes will fertilise or gestate;
24.4. that the child, if conceived, will be physically and mentally healthy, and free of birth or congenital defects or abnormalities;
24.5 that the information provided by the egg donor in her application is true;
24.6. that the egg donor and her legal partner, if any, will comply with the terms and provisions of the egg donor contract, or comply with the counsel or advice of the professionals
24.7. Recipient Parent/s understand and agree that The Egg Donor Co, its agents, directors, partnerships, joint ventures, representatives and employees, are in no way responsible for any financial losses or medical costs incurred by the Recipient Parent/s in the event of any of the instances detailed
24.8. that the egg donor does not present herself to booked appointments or withdraws from the donation process prior to egg retrieval or if there is any human error in taking the medications during the egg donation
- The Egg Donor Co is not responsible for any costs incurred with any fertility clinics, doctors, psychologists, social workers, in the event of a egg donor having been assessed, and for any reason whatsoever, not proceeding with or being allowed to proceed with, a donation.
- Recipient Parent/s further agree they will release The Egg Donor Co, its agents, directors, partnerships, joint ventures, representatives and employees from any and all liability associated with the egg donor procedure relating to claims for child support or maintenance, medical costs, loss of earnings, pain, suffering, and/or emotional distress, travel costs incurred, or similar claims of the child, egg donor, their families, heirs, or Recipient Parent/s agree that they will not hold The Egg Donor Co responsible or initiate any claim as a result of this egg donation programme.
- The parties agree that the law applicable to the entire Agreement is the law of country in which the egg donation programme occurs, and;
- Should any difference or dispute arise between the parties under or in respect of this agreement or the interpretation thereof or the performance by any party of its obligations and whether during the subsistence of this agreement or on the termination thereof, such difference or dispute shall be submitted to a confidential arbitration in terms of the arbitration laws for the time being in force.
- Each of the parties shall nominate an arbitrator, who before entering upon such arbitration shall nominate an umpire in the event of their differing of opinion or failing to reach agreement, and the conduct of the arbitration proceedings shall be as agreed between the parties, or failing agreement as determined by the arbitrators.
- The decision or award of the arbitrators shall be conclusive and binding upon the parties.
- Recipient Parent/s are aware of the legal and medical risks to the egg donor programme both known and unknown to themselves and to any unborn child. They will not hold The Egg Donor Co responsible or initiate any claim as a result of this procedure.
- Recipient Parent/s hereby agree neither they, nor their agent, representative, clinic or doctor, will directly or indirectly contact the egg donor to pursue a second cycle, without first contacting and retaining The Egg Donor.
- No additional payment is due:
33.1. if a child is conceived through frozen embryos created from the aspiration of eggs/oocytes, from their egg donor, during a previous agreement with The Egg Donor Co.
- This Agreement is binding on the undersigned, their heirs and representatives, trusts, successors, executors, administrators, and assigns.
- Documents may be signed in counterpart (signatures may exist on separate copies of the )
- The Egg Donor Co prescribed fee is R19 800.00 (Nineteen Thousand Eight Hundred Rand)
36.1. Donor compensation to be paid directly to the appointed fertility
36.2. Donor compensation will be determined which may or may not include transport.
- This agreement is binding if signed by one or two recipients to the egg donation programme.