Please read the contract below. If you agree, click on the “I Agree” button below and you will be taken to the next step.

CLIENT SERVICE AGREEMENT:
VetiCell, LLC - CLIENT CONSENT & SERVICE AGREEMENT: ANIMAL CELL/TISSUE COLLECTION, PROCESSING & STORAGE

Each undersigned, Legal Guardian, on their behalf and the behalf of their pet/animal ("Pet"), request under this Agreement, that VetiCell, LLC. ("VetiCell" or "We" or "Our" or "Us") arrange for the processing and storage of their Animal’s/ Pet’s stem cells and other bio-matter. Each of the undersigned understands, acknowledges and agrees to the following, legally binding terms of this Agreement, between VetiCell and each undersigned, Legal Guardian/Owner (hereinafter, the "Client" or "You" or "Your").

1.    Nature of Services. These services include but are not limited to You or Your Vet/ clinician collecting the blood or tissue from your Pet. Subsequent to a successful collection, You consent to have the sample(s) shipped, tested and processed at Our contracted laboratory where they will be cryopreserved (placed into a long term frozen state), and stored for possible future use.

2.     Purpose. Stem cells are cryopreserved for possible therapeutic use by Your Pet. You understand and acknowledge that stem cells from alternative sources may be used to treat various ailments and conditions. You understand Your Pet`s cells are being stored for possible use by Your Pet which may need a transplant in the future.
You understand cryopreservation of stem cells is a relatively new procedure, and, while tests and studies thus far have indicated it is a successful method of preservation, no long-term assurances can be made about the effectiveness of preservation. There are a limited number of therapies which use stem cells such as the ones You are electing to store. You also acknowledge successfully collecting, storing and transplanting these cells does not guarantee successful treatment(s), and that when used, these cells may require the prescription of and be administered by a licensed clinician. You also understand the majority of potential therapies are new or experimental and there are no guarantees they will ever constitute approved uses by any regulatory authority. You also understand Your clinician or regulations may require supplemental testing in order to allow a transplant or use of the cells to go forward.

3.     Collection and Shipping of Stem Cells. We will provide You with a Collection Kit including instructional materials and a Collection Worksheet. You are responsible for bringing the Collection Kit to the procedure and completion of the Worksheet. Failure to return a fully completed Worksheet could result in your Pet’s sample not being stored or being stored in such a way it cannot be properly identified or located in the future if and when needed. We will provide a prepaid and pre-addressed shipping label (along with shipping directions) to You. However, You are responsible for shipping the collection kit to the Laboratory. VetiCell representatives will be available by telephone if you need assistance.

4.     Testing and Storage of the sample.  Upon receipt at the laboratory, the sample will undergo processing and any testing required by the Laboratory. We reserve the right, without advance notice and in our sole discretion, to transfer the stored sample(s) to another facility at Our expense.

5.     Ownership of the sample. You agree to be the custodian of the sample and be current in all sums due to Us. In the event of nonpayment of any fees that are or become due under the terms of this Agreement, all rights to, title to, and ownership of the sample will be relinquished to Us. We may, at Our sole discretion, utilize, donate or dispose of Your stem cells or other bio-matter and its accompanying paperwork/ charts after this Agreement has been terminated for nonpayment.

6.     Retrieval of Sample for Use. In the event the sample is requested by a licensed clinician for treatment, they shall provide written notification to Us. This notice shall include, but not be limited to, the name and address of the Veterinarian and clinic receiving the sample. All required clinical orders, paperwork and protocols must be adhered to regarding the release and shipping of the stem cells. You shall be responsible for any and all preparation, shipping or transfer fees or costs incurred by Us. In addition, all fees due to Us must be paid in full prior to a transfer of the sample.

7.     Fees. You agree to pay to Us the fees associated with the processing and storage of Your sample pursuant to the processing and storage plan/option You have chosen. You agree to pay these fees according to the method of payment and payment plan You have selected. After the initial term of this Agreement has expired, and during any subsequent renewal periods, each year you will be charged an annual storage fee. We reserve the right to change Your annual storage fee to reflect changes in market conditions or any reasonable cost increases We may incur.

8.    Term of Agreement. This Agreement shall commence on the date we receive your first payment and it shall remain in force for the length of time specified by the storage plan/option you have selected. Once that plan/option has expired, it shall thereafter renew automatically for additional one year periods unless either party notifies the other party in writing of their intent not to renew this Agreement. A non-renewal notice must be sent at least sixty (60) days prior to the anniversary date of this Agreement.

9.    Termination of Agreement by Client. If You decide to terminate this Agreement, You will not be entitled to a refund of any amounts previously paid. If You do not make arrangements to transfer the sample at your expense to a licensed storage facility at least 60 days prior to the current term`s termination date, then all rights to, title to, or and ownership of the sample will be relinquished to Us, in which event We may, in Our sole discretion, utilize, donate or dispose of it. 

10.    Termination of Agreement by VetiCell. We may terminate this Agreement upon written notice to You if You fail to pay any fees within thirty (30) days of the due date. Upon termination of this Agreement for nonpayment, all rights to, title to, and ownership of the sample will be relinquished to Us, in which event VetiCell may, in its sole discretion, utilize, donate or dispose of the preserved sample.

11.    Assignment. VetiCell May assign this Agreement to any partnership, association, individual, corporation or other entity that provides similar services or intends, after such assignment to provide such services. In order to provide the best possible services to You, VetiCell may delegate responsibilities hereunder to one or more subcontractors who perform similar services as part of their regular business activities. We currently contract Our stem cell processing and storage activities to third party laboratories. This Agreement is not assignable by the Client without written notification to and the written consent of VetiCell. Assignment by the Client may result in transfer of the sample(s) and may incur costs to You. 

12.    No Warranty or Guarantee; Limitation of Liability. You acknowledge that neither VetiCell nor the Laboratory nor any of their respective officers, directors, shareholders, executives, employees, agents or consultants have ever made any representations, guarantees or warranties, express or implied, to You of any type or nature, including without limiting the generality of the foregoing, nor have there ever been any representations, warranties or guarantees with respect to (i) suitability of your Pet’s sample or cells for future management or treatment of diseases; (ii) successful treatment of diseases by these cells; (iii) any advantage(s) of these cells over other treatments using other types of cells or other therapies; and (iv) the merchantability or fitness for a particular purpose or use of any product or service hereunder. Client agrees that any claim against VetiCell or the contracted laboratory or the assignee of either, including any claim for loss, injury, damage or destruction directly caused by VetiCell`s failure to exercise reasonable care in all of its services, including but not limited to, the transportation, processing or, storage of the sample(s), shall be limited to the total amount of fees paid by the Client to VetiCell.

13.    Client Consent and Understanding. I hereby consent to and understand the following:
- I consent to have my healthcare provider collect the sample from my Pet. I also understand it is possible better treatment alternatives may be developed in the future. I understand that my Pet may never need to use the sample. I understand the decision to collect the sample will be made by my healthcare provider at the time of my Pet’s clinical visit or procedure. I further understand the primary consideration will be the health of my Pet and circumstances may exist in which the healthcare provider determines it is in the best interests of the Pet not to collect the sample.  I understand the sample will be stored at cryogenic temperatures pursuant to procedures normal for the industry. I understand it is not known at this time how long they can safely and effectively stored using this process. I consent and authorize VetiCell or any other entity providing services to me or my Pet to release any medical records or test results on file to any other provider as may be requested or required from time to time.  I understand and agree VetiCell`s liability for any breach of its obligations or other acts or omissions in connection with the services described in this Agreement is limited to the total amount I have paid to VetiCell under this Agreement. I hereby release VetiCell, my healthcare provider and each of these entity’s officers, directors, employees, agents, affiliates, successors and assigns from any and all other liability for any and all loss, harm, damage or claim of any kind arising out of or related in any way to the services provided under this agreement. I understand by this release I am giving up any right I might otherwise have, now or in the future, to sue or otherwise seek money damages or other relief against VetiCell (or the other above noted released parties) for any reason relating to the services, with the sole exception of seeking a return of any moneys paid under the Agreement.  

14.     Arbitration. This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia, applicable to contracts made in Georgia, by persons domiciled in Atlanta, Georgia and without regard to its principles of conflicts of laws. Any claim for monetary damages under this Agreement shall be submitted to arbitration with the American Arbitration Association in Atlanta, Georgia and shall be finally and conclusively determined by the decision of a board of arbitration consisting of one (1) member. Any decision made by the arbitrator shall be final, binding and conclusive on the parties to the dispute, and entitled to be enforced to the fullest extent permitted by law and entered in any court of competent jurisdiction. The prevailing party shall be awarded and entitled to recover its reasonable attorney fees and expenses relating to any arbitration.

15.    Notices. Any and all notices that may be given in connection with this Agreement shall be in writing. Any notice(s) shall be deemed to have been duly given on the date of service if served personally on the party to whom notice is to be given, or within 72 hours after mailing, if mailed to the party to whom notice is to be given, by certified mail, postage prepaid, or by a "Next Day Air" service both with a signature from the notified party evidencing receipt. Notices shall be properly addressed to Us at our current address listed on our web site www.VetiCell.com and to You at the most current address We have in our client database or any other address a party has designated by written notice to the other party. The Client agrees to promptly notify VetiCell in the event of a change in Client`s current mailing address or payment methods at any time during the term of this Agreement or any renewals thereof.

16.    Miscellaneous. This Agreement, represents the entire Agreement between the parties concerning the subject matter hereof, and there are no understandings, agreements, or representations other than as set forth herein. This Agreement is binding upon the parties, their heirs, spouses, executors, administrators, successors and assigns. No modification, amendment or waiver of any provision of this Agreement, nor any consent to any departure by any party from the terms hereof, shall be effective unless the same be in writing and signed by all parties hereto. This Agreement shall be governed by the laws of the State of Georgia. If any provision of this Agreement is held invalid, illegal or unenforceable, the validity, legality or enforceability of the remaining provisions shall in no way be affected or impaired thereby. VetiCell shall not be liable for any delay or failure to perform per the terms of this Agreement caused by Acts of God or other causes beyond the parties` control and without fault or negligence. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.

I have read and understand the above agreements, consents, limitation of liability and releases, and know the services described above are totally voluntary and elective on my part. I have discussed the services with my healthcare provider, and I have signed this Agreement freely and voluntarily. By signing this Agreement, I hereby acknowledge that I am giving up legal rights I might otherwise have had.

In accordance with Chapter 12: Title 10: Official Code of Georgia Annotated, "Georgia Electronic Records and Signatures Act"; By clicking the "I Agree" button, I hereby affix my signature, signifying my consent and fully binding me to this agreement.