Advisory Services Agreement
Preamble
This Advisory Services Agreement (“Agreement”) is made between The Surrogacy Father (“CONSULTANT”) and the intended parent(s) (“INTENDED PARENT[S]”) participating in the surrogacy process.
Recitals
WHEREAS, the CONSULTANT possesses expertise in the fields of medical tourism and surrogacy regulations, as well as knowledge of various commercial programmes across global jurisdictions, including regulatory and logistical aspects of assisted reproduction;
AND WHEREAS, the INTENDED PARENT[S] desire to leverage the CONSULTANT’s expertise through consultations for the purpose of receiving advice and guidance to facilitate their objective of conceiving a child through a gestational surrogacy arrangement;
NOW, THEREFORE, by engaging in the CONSULTANT’s services, the INTENDED PARENT[S] hereby acknowledge their full understanding and acceptance of the following terms and conditions:
- Role of the CONSULTANT
The INTENDED PARENT[S] understand that, unless explicitly agreed otherwise, the CONSULTANT’s role is limited to providing advisory services. The INTENDED PARENT[S] retain the right to accept or decline any recommendations made by the CONSULTANT, provided such decisions are in compliance with applicable laws and do not compromise the health and welfare of the gestational carrier.
- Responsibility for Decisions
The INTENDED PARENT[S] hereby accept full responsibility and accountability (whether legal or otherwise) for any actions taken in reliance on the CONSULTANT’s advice or for utilizing any documents prepared by the CONSULTANT on their behalf. The INTENDED PARENT[S] acknowledge that they are solely responsible for any decisions made based on the CONSULTANT’s guidance.
- Agent Relationship
Should the INTENDED PARENT[S] subsequently request that the CONSULTANT act as their agent (the “AGENT”), the CONSULTANT shall be indemnified and held harmless from any liability arising from actions taken while acting in such capacity.
- Indemnification and Compensation
The INTENDED PARENT[S] agree to indemnify and hold harmless the CONSULTANT, including its subsidiaries, affiliates, officers, and employees, from any claims, demands, or damages incurred, including reasonable legal fees, resulting from or in connection with actions taken by the CONSULTANT pursuant to the INTENDED PARENT[S]’ written or verbal instructions.
- Notification of Actions
The CONSULTANT shall, where feasible, provide advance notice to the INTENDED PARENT[S] of any actions that may result directly or indirectly from activities undertaken on their behalf.
- Acknowledgment of Risks
The INTENDED PARENT[S] acknowledge and assume all inherent risks associated with undergoing medical procedures (including surrogacy) at international clinics. They confirm that they have been adequately informed regarding the local regulations pertinent to their procedure and have chosen to proceed with a full understanding of potential complications.
- Limitation of Liability
The INTENDED PARENT[S] acknowledge that local laws may impose restrictions on medical procedures, and the CONSULTANT shall not be held liable for any actions taken by foreign governments in relation to such procedures.
- Consent to Parenthood
The INTENDED PARENT[S] voluntarily consent to assume both biological and legal parenthood of any child born from the surrogacy arrangement, fully understanding the associated risks and responsibilities.
- Liability Disclaimer
The INTENDED PARENT[S] agree that neither the CONSULTANT, its management, staff, nor any affiliated third parties shall be held liable for any financial or other damages arising from their roles as parents, guardians, or trustees of the child.
- No Guarantees on Third-Party Services
The CONSULTANT does not warrant the suitability, reliability, availability, timeliness, or accuracy of services provided by third-party providers. Such services are offered without warranty or guarantee.
- Warranties Disclaimer
The CONSULTANT and/or its suppliers explicitly disclaim all warranties and conditions regarding third-party services, except for those expressly provided by the service provider, for which the service provider assumes sole responsibility.
- Limitation of Liability for Third-Party Services
The CONSULTANT shall not be liable for any direct, indirect, punitive, incidental, special, or consequential damages (whether foreseeable or unforeseeable) arising from or in connection with the use of third-party services, regardless of the basis of liability, including but not limited to contract, tort, negligence, or strict liability, even if the CONSULTANT has been advised of the possibility of such damages.
- Confidentiality Obligation
The CONSULTANT acknowledges that the INTENDED PARENT[S] may disclose sensitive personal information during consultations. The CONSULTANT agrees to maintain such information in strict confidence unless disclosure is mandated by law.
- Restrictions on Disclosure
The CONSULTANT shall not sell, trade, transfer, or disclose the personal information of the INTENDED PARENT[S] to any third party without their explicit consent, except when necessary to provide a service specifically requested by the INTENDED PARENT[S] or where required by law.
- Permitted Disclosures
The CONSULTANT shall only disclose personal information of the INTENDED PARENT[S] under the following circumstances: a. When explicit permission is granted by the INTENDED PARENT[S] for sharing;
b. When a clinic requires the information to assess treatment options;
c. When a third-party service provider necessitates the information to fulfill a specific request from the INTENDED PARENT[S];
d. When failure to disclose the information would reasonably be believed to result in physical, emotional, or financial harm to a third party;
e. When the INTENDED PARENT[S] engage in fraudulent representation to the CONSULTANT or a third-party service provider; or
f. When the INTENDED PARENT[S] voluntarily make the information public.
