Donor Agreement

MANDATE:
Hope Egg Donation Agency provides a service to recipient couples who are seeking to build their families through the use of an egg donor. The Egg Donor desires to donate her eggs for the purpose stated above. Hope Egg Donation Agency desires to provide the Egg Donor with its services of locating Recipient(s) and other services as provided in this Agreement for the express purpose of egg donation. The Egg Donor and Hope Egg Donation Agency hereby agree as follows:
1. CAPACITY TO PERFORM:
The Egg Donor understands that the Agency is not licensed to practice law, medicine, or psychology and is simply coordinating the cycle with professionals.
2. DATABASE AND ACCURACY OF INFORMATION:
2.1 The Egg Donor admits that she completed an online or written application with the Agency and understands and agrees that the information provided in this application may be shared with the recipient couple including photos.
2.2 The Egg Donor understands that her personal information is used to assist the recipient couple with the selection process. This personal information is also made available to the fertility clinic by the agency.
2.3 The Egg Donor agrees that all information presented in this application is true and accurate to the best of her knowledge.
3. EGG DONOR PRE-SCREENING, MEDICATION AND PROCEDURE:
3.1 The Egg Donor understands that she will be required to go through a set of screening tests in order for the fertility clinic to approve her as an acceptable candidate to donate. These tests are extremely expensive for the recipient couple. In the event that the Egg Donor does not pass her screening tests, she will not receive any compensation for her efforts other than the cost of related travel that the Egg Donor may have incurred. The Egg Donor will have no future liability to the recipient couple or the Agency.
3.2 The Egg Donor understands that she may be held responsible for the costs incurred by the recipient couple should she decide to no longer participate in the Egg Donation cycle, without a valid medical reason. These costs include but are not limited to that of the medical screening, related travel, legal costs, and agency fees.
3.3 The Egg Donor understands that she will be required to attend several doctor appointments during the donation screening and cycle. The timing of these tests are critical to the success of the cycle. The Egg Donor agrees to attend and arrive at all appointments on time, as scheduled by the Agency or Fertility Clinic. The Egg Donor understands that failure to attend scheduled appointments could be considered a breach of contract and may have legal and financial implications.
3.4 The Egg Donor understands that she will be required to take various medications throughout the cycle. If the Egg Donor is confused about dosages or has any medication queries, she needs to contact the Fertility Clinic immediately.
3.5 The Egg Donor understands and agrees to administer and take all cycle medications as instructed by the IVF Physician.
3.6 The Egg Donor understands that failure to follow medication instructions or failure to take the medication can be considered a breach of contract and may have medical, legal, and financial implications.
4. FINANCIAL COMPENSATION:
The Egg Donor understands that she will be receiving compensation for her time and efforts by the recipient couple. The compensation is paid by the Fertility Clinic on the day of egg retrieval and is set at R7000.00 (Seven Thousand Rand) per completed egg donation cycle.
5. ASSOCIATED RISKS:
The Egg Donor understands that there are risks associated with the egg donation programme. The Egg Donor agrees to discuss these risks with the Fertility Clinic during the initial consultation. While the agency will make their best effort to answer any of the Egg Donor’s questions, the Agency is not responsible for an in-depth explanation of the possible risks to the Egg Donor as that could be considered acting in a medical capacity which the Agency will not do.
6. TRAVEL COMPENSATION:
6.1 The Egg Donor may be asked to travel for either the screening or retrieval visit or both.
6.2 The agency will make their best effort to pre-pay for all the travel expenses, however the Egg Donor understands that some expenses cannot be pre-paid such as the cost of the rental car. In the event that a charge cannot be pre-paid, the Egg Donor should submit the receipt and it will be promptly refunded if it is a valid charge.
6.3 Travel expenses are only compensated should the donors be requested to travel outside of an 80km radius from where they reside.
7. DONORS CONDUCT:
7.1 Egg Donor agrees not to use any prescription or non-prescription medication without the express written consent of the Fertility Clinic, from the date of execution of this Agreement, through completion of the retrieval procedure.
7.2 The Egg Donor agrees not to participate in any physically straining activities from Day One of the egg donation cycle until completion of the retrieval procedure.
7.3 The Egg Donor agrees to abstain from sexual intercourse from Day One of the cycle through to completion of the retrieval procedure. The Egg Donor will be in breach of this Agreement should she become pregnant (resulting from consensual sexual activities) during the term of this Agreement.
7.4 The Egg Donor understands that vital communications will be sent via email and telephone during this process and therefore the Egg Donor agrees to check her email and phone messages daily and respond to all messages within 24 hours unless it is medically necessary to respond sooner. The Egg Donor agrees that she may be held in breach of contract if she fails to respond to messages in a prompt manner.
8. PATERNAL RIGHTS:
The Egg Donor agrees that all eggs retrieved from the Egg Donor are deemed the property of the recipient couple and as such, the recipient couple shall have the sole right to the donor eggs. The Egg Donor shall have no parental, legal or custodial rights or responsibilities with regard to any child conceived or born from the use of the donated eggs.
9. PRIVACY PRACTICE NOTICE:
Egg Donation in South Africa is anonymous. Hope Egg Donation Agency will make their best efforts to protect the identity and identifying information of the Egg Donor. The Egg Donor agrees to allow the Agency to update the recipient couple with the progress of the cycle as long as no identifying information is released.
10. RELEASE OF LIABILITY:
The Egg Donor agrees to hold the Agency and Agency Representatives harmless from any liability as a result of any violation of any law or regulation. The Egg Donor also releases the Agency and its directors, officers, agents, and employees from any and all claims of every kind arising out of Egg Donor’s participation in the Egg Donation process.
11. GENERAL:
11.1 This Agreement constitutes the whole agreement between the Parties (Hope Egg Donation Agency and the Egg Donor) and supersedes all prior verbal or written agreements or understandings or representations by or between the Parties regarding the subject matter of this Agreement, and the Parties will not be entitled to rely, in any dispute regarding this Agreement, on any terms, conditions or representations not expressly contained in this Agreement.
11.2 No variation of or addition to this Agreement will be of any force or effect unless reduced to writing and signed by or on behalf of the Parties. Neither party to this Agreement has given any warranty or made any representation to the other party, other than any warranty or representation which may be expressly set out in this Agreement.
12. ACKNOWLEDGEMENT:
The Egg Donor acknowledges that by filling in her details she has accepted the Egg Donor Agreement terms as outlined hereinabove and fully understands the consequences of acceptance.

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