New BBAS Russia contract
This is what BBAS
signed its Russian clients to after their experience with us.
Obviously they had
learned a few things. A few changes may have been made since ... we don’t
know.
ADOPTION CONSULTANT
AGREEMENT
THIS CONSULTANT AGREEMENT is made and
entered into this________ day of ______ (year) between (Name) ______ ____ (Address)
_____________ between the prospective adoptive parents (hereinafter “Adoptive
Parents”) and Building Blocks Adoption Service, Inc., an Ohio not for profit
corporation (hereinafter the “Adoption Consultants”).
WITNESSETH
WHEREAS the Adoptive
Parents desire the assistance of the Adoption Consultant to facilitate a foreign
adoption and said consultant desires to facilitate a foreign adoption on behalf
of the Adoptive Parents; and
WHEREAS both parties
recognize that foreign adoptions are unpredictable and, therefore, result in no
guarantees of success,
NOW, THEREFORE, based on
the terms and conditions hereof the parties agree as follows:
1.
PURPOSE: Adoption Consultant shall provide the services set forth
herein to advise, counsel and assist the Adoptive Parents in an international
adoption pursuant to the duties established herein.
2.
DISCLAIMER: The Adoption Consultant agrees that it shall use its
best efforts to facilitate the international adoption. It is understood that the
Adoption Consultant and its employees, servants, or agents do not guarantee the
success of an international adoption. The parties acknowledge that the Adoption
Consultant has made no promises, representations or assurances of any kind of
the successful conclusion of the adoption. There are no guarantees of the
cooperation and/or agreements of the birth parents, foreign authorities or local
authorities.
Further, the Adoptive Parents
agree and acknowledge that there is no guarantee and there is in fact
uncertainty concerning the health or genetic make-up of any potentially
adoptable child.
THE ADOPTIVE PARENTS ARE
WILLING TO ASSUME ALL RISKS RELATED TO THE ADOPTION. THE ADOPTIVE PARENTS ARE
ALSO SOLELY RESPONSIBLE FOR THE WELL BEING OF THEMSELVES AND THE PROSPECTIVE
CHILD WHEN TRAVELLING CONCERNING THE ADOPTION. THE ADOPTION CONSULTANT HAS NO
RESPONSIBILITY FOR ANY AND ALL TRAVEL RISKS.
3.
CONSIDERATION:
As and for the consideration of
services
to be rendered, Adoptive Parents agree to
pay the
Adoption Consultant the total
sum of sixteen thousand six hundred seventy five
dollars ($16,675) for the first child 0-4
years of age at the time of acceptance of the referral. Two Hundred seventy-five
($275) application fee and travel expenses which is
not included in adoption fee. Breakdown of fees is as follows:
a)
$275.00 as an application fee. This fee is non-refundable.(not
included in adoption fee)
b)
$3,000.00 as a Building Blocks Adoption Service, Inc. paid at contract signing
and commitment of International Adoption. This fee is non-refundable.
c)
International Program Fee of $6,175 to be paid upon commitment of
child. This fee must be paid within seven days of commitment.
d)
Identification Fee of
$1,500 to be
paid when the child is identified. This fee is non-refundable
e)
Orphanage and international fees of $6,000 shall be paid in the form of
cash overseas to the
overseas coordinators.
f)
Second related
child shall be an additional $3,500, for second child 0-4yrs of age after
acceptance of referral paid as advised by Building Blocks.
g)
Third related child shall be an additional $1,500, for third
child under 4.5 years of age paid as advised
by Building Blocks.
h)
Unrelated children shall
be an additional $13,500 for a child under 4.5 years of age after acceptance
of referral. The fee could be decreased.
i)
Fees for special needs children are
on a case-by-case basis.
4.
PROGRAM FEE:
The Adoptive Parents recognize that the program fee is not refundable, as the
fee is based upon the experience and expertise of the Adoption Consultant in
maintaining the ability to provide professional services when the Adoptive
Parents are overseas to resolve problems that may arise; the ability to maintain
continuing relationships with foreign and domestic government officials to
resolve problems; the ability to locate and employ interpreters, drivers,
escorts, translators and foreign lawyers; and the ability to provide basic
knowledge of the foreign country to the Adoptive Parents.
5.
The
Adoption Consultant commits to advise and to assist the Adoptive Parents in
their international adoption by performing the following services:
a)
To
provide information on orphans available for adoption in various counties;
b)
To provide information and practical knowledge of:
1.
Foreign
adoption laws;
2.
Applicable immigration laws;
3.
Foreign
government requirements;
4.
Foreign government approval,
5.
Foreign
governments authorization processes.
c)
To assist on the following
requirements:
1.
Acquisition of an acceptable home study;
2.
Acquisition of a visa for the adoptive child;
3.
Notarization of local and state
government documents;
4.
Acquisition of certification from
the foreign country embassy;
5.
Acquisition of medical information
as reasonably available regarding eligible Orphans.
d)
To assist with the arrangement for interpreters, translators, escorts,
drivers and coordinators in the foreign country, room and board, and foreign
lawyers when traveling outside of the United States.
e)
To
provide a source for medical resources for the Adoptive Parents in case of a
medical emergency.
6.
COSTS INCLUDED: The services to be provided by the Adoption
Consultant include the following costs associated with those services: telephone
charges for calls, faxes and the like initiated by the Adoption Consultant;
Federal Express charges initiated by the Adoption consultant; fees for wiring
services; overseas notary fees; and domestic and international legal fees all
initiated by Building Blocks, its staff and associates.
7.
COSTS EXCLUDED: The services to be provided by the Adoption
Consultant provide for the arrangement of certain requirements but do not
include the costs for the following areas: acquisition of mail service, long
distance phone calls, document filing fees initiated by the adoptive parents,
passports and visas; home studies; travel of any kind or nature room and board;
payment for drivers, interpreters escorts, translations, domestic legal fees
coordinators; medical examinations of the potential adoptive child and medical
assistance needed by Adoptive Parents. The costs do not include any
extraordinary legal fees or other fees that an adoptive parent may need to
complete the adoption, whether foreign or domestic.
8.
NOTE: The parties agree and acknowledge that the Adoption
Consultant has not and does not represent that it is providing legal or any
other professional services. The fees paid are to allow the Adoption Consultant
to assist and to facilitate a foreign adoption.
9.
LIMITATION OF DAMAGES: Due to the volatile nature of foreign
adoptions, the Adoptive Parents agree that as part of the consideration hereof,
any action, claim or suit brought by them for damages pursuant to the contract
shall be limited as follows: any award of damages shall not exceed the program
fee.
10.OUTSIDE LEGAL COUNSEL:
The Adoptive Parents further understand that each has a right to retain an
attorney to act or their behalf. Those legal expenses shall be the sole
responsibility of the Adoptive Parents.
11.ACCEPTANCE:
It is further understood that by signing
this Agreement, the Adoptive Parents are not
obligated to accept a child for adoption. The non-acceptance does not, however,
relieve the Adoptive Parents of their
responsibility to the fees designated herein.
12.DISCLAIMER: BBAS, Inc.
will in its best efforts provide whatever medical report that
is given by the Russian or Kazakhstan Government
and the orphanage staff to the adoptive parents and cannot guarantee that the medical that is given is total and
complete.
13.
TRAVEL:
BBAS, INC. is not responsible for travel arrangements, or delays of airport
flights, in country travel or travel home. BBAS, Inc.
will provide assistance in anyway possible within reason, but cannot guarantee a
satisfaction.
14. OHIO: the laws of the State of
Ohio shall govern This Agreement. Any suit or action brought hereunder shall be brought only
in the Courts of
the State of
Ohio (or Ohio Federal Court) in the
venue in which the
Adoption Consultant has its principal place of business.
15.
DOCUMENTATION: Adoptive parents agree to provide Building Blocks with a
complete copy of their dossier, an original dossier
to assist in the adoption process, and to comply with all
requirements to assist in the adoption process.
Adoptive parents agree and will abide by
the Immigration, International and State requirements.
16.
COOPERATION:
Adoptive parents will cooperate in the adoption
process by procuring, notarizing, and authenticating all documents necessary
for an international adoption when requested by Building Blocks, by being honest
and Thorough in all information supplied to Building Blocks, by traveling to
the foreign
country (unless escort is specified) at the time and place indicated by Building Blocks, by providing
necessary photos and follow-up
reports on the child/children subsequent to the placement, by meeting with
Building Blocks representatives when requested to do so, and by complying with
other Building Blocks requirements throughout the adoption process.
17. OVERSEAS: While adoptive
parents are overseas the parents understand that
Building Blocks cannot predict the length
of time that the adoptive parents will
be overseas but will do everything
in its power to expedite the process and
the timely placement of the child. The adoptive parents agree to act in
a mature and appropriate manner while in the foreign country. The Adoptive parents will be respectful of
the professionals with whom they work
knowing that they have the adoptive parents’ best interest at heart. The
adoptive parents realize that while they are overseas they represent all
adoptive couples in the present and in the future and that their actions can
directly affect and impact other adoptions occurring in the foreign country. In
its relations with foreign and domestic officials, Building Blocks undertakes to
represent the adoptive parents in such a way as to assure the most favorable
treatment available under applicable laws and regulations.
18.
SOURCES: The adoptive parents agree not to pursue other possible child
placement through other sources or agencies while this contract is in force.If
the adoptive parents receive a child assignment through any source other than
Building Blocks, The adoptive parents case will be closed and all fees and
expenses due to Building Blocks and the foreign source at that time will be
promptly paid. All fees previously paid will be retained by Building Blocks or
the foreign source and no refunds will be issued.
19.
INTERRUPTION:
If, at any time during the adoption process, the adoptive parents decide to
interrupt the adoption procedure, all fees and expenses due to Building Blocks
and in the source country at the time of the interruption must be promptly paid
and no refunds will be given. All said fees shall be deemed to have been earned.
If the case is reactivated, the family will sign a new Adoption Services
Agreement. Building Blocks may interrupt the process if, in its professional
judgment, the placing of the child shall be detrimental to the best interest of
the child. Situations in which the interruption of adoption services may be
considered include, but are not limited to, change in family structure, such as
separation, divorce, or death of a family member, instability in employment or
other financial problems, health problems which might adversely affect the
placement of a child with Clients at that time, or criminal or other legal
problems.
20.POSTPLACEMENTS:
Adoptive parent’s understand that foreign courts normally require periodic
reporting on the progress of the adoptive placement for a designated period of
time until the minor child reaches the age of majority. Clients agree to provide
written reports, physician’s medical statements, photographs and other
requested documentation, as well as attend in person meetings at Building
Block’s offices or elsewhere arranged at tthe mutual convenience of Building
Blocks and the adoptive parents.
21.REPORTS:
Adoptive Parents agree that the country of the child’s origin require that
Building Blocks or any other licensed child placing agency, perform supervisory
visits and file reports until a final decree of adoption is obtained from the
country of origin or the adoption process is completed per Building Blocks
policy and the Laws of the country of the child’s origin.
22. Future: Adoptive parents
hereby waive any and all claims they may have now or in the future
against Building Blocks and its directors, officers,
employees and agents, including doctors.
We agree to hold Building Blocks and its
directors, officers, employees and agents, including doctors, harmless against any claims
known or unknown now
existing or in the future, which
may arise out of this agreement, receipt
of services
from, or adoption through
Building Blocks.
23. Confidential: Adoptive
parent’s files will be kept strictly confidential
except when
information
must be provided to appropriate third parties
during the adoption process. In this case,
Building Blocks
shall disclose both positive and negative information.
24.Prediction: Building
Blocks cannot predict an adoptive child’s future personality, medical problems,
learning disabilities, appearance or inherited characteristics. Adoptive
parents further acknowledge that
non-identifying information provided by and through Building Blocks
may be incorrect because any
medical and social history
information is provided by the birth
parent(s).
25.AGREEMENT: This document
represents the entire agreement of the parties. There are no representations,
warranties or promises other than these contained herein. Any modification of
this Agreement must be in writing and signed by both parties.
IN WITNESS WHEREOF we have
signed this Agreement on the day and date
heretofore established
ADOPTIVE
PARENTS
Father __________________
Mother _________________
NOTARY FOR ADOPTIVE PARENTS
State of __________
County
of ________________
)Ss.
On this ____
day
of_______(year)____
before
me, a Notary Public in and
for
said county, personally appeared the above-named and who acknowledged that they
did sign the foregoing Agreement and that the
same is their free act and deed.
this _________
BUILDING BLOCKS ADOPTION SERVICE, INC
Hub
,
i
tector
Revised 1-3-2000
5 3Y.
By:
Denise