Teeth Collection Terms and Conditions
FOR TEETH COLLECTION AND STORAGE
This Client Service Agreement (the "Agreement”) is entered into between the undersigned tooth depositor (hereinafter the "Client” or "You" or "Your”) and Tooth Bank, LLC (hereinafter referred to as "Tooth Bank"), and in consideration of the promises and covenants set out below, the parties agree as follows:
1. Client’s Duties and Responsibilities. The Client is responsible for collecting and shipping his/her teeth ("Teeth”) according to and in compliance with Tooth Bank instructions included in the collection kit that Tooth Bank supplies to You. Following collection, the Client will ship the Teeth using the Tooth Bank-provided shipping label and collection kit and the Tooth Bank-designated delivery service. You are responsible for completely filling-out the Tooth Bank "Collection Worksheet” and returning the Collection Worksheet along with the Teeth so that the Teeth can be properly identified and processed by our third-party laboratory vendor (the "Laboratory”). The Client is responsible for following all enclosed directions and properly packing the Teeth for shipment. You expressly acknowledge that successfully collecting and transporting the Teeth is a crucial part of successful cryopreservation. Failure to follow Tooth Bank’s collection or transportation directions may result in the Laboratory being unable to process or store Your Teeth, or may result in diminished clinical results or outcomes.
2. Testing and Storage of Teeth. Upon receipt of the Teeth by the Laboratory, the Teeth will undergo various tests in accordance with applicable laws, regulations and industry standards. If the Teeth are eligible for processing and storage, the Laboratory will process and store the Teeth at cryogenic temperatures in keeping with normal and customary industry procedures applicable at the time. The Client understands that it is not known at this time how long teeth can safely and effectively be stored using this process. The Client understands and acknowledges that under some circumstances, Tooth Bank may require You to complete health questionnaires and undergo testing of Your blood for infectious diseases or other tests. These additional requirements may become necessary after Your Teeth have been processed, frozen and stored. Testing may be required for releasing your teeth for use in the future depending on State and Federal Regulations. If new or additional testing is required, You acknowledge that Your Teeth or blood must undergo such tests within ninety (90) days after written notice from Tooth Bank. Failure to comply with such notice or failure to reimburse Tooth Bank for any costs associated with these additional requirements will result in the termination of this Agreement. Tooth Bank reserves the right, in its sole discretion, with or without notice, to transfer Your Teeth to another licensed storage facility during the term of this Agreement at Tooth Bank’s expense.
3. Termination of The Agreement
3.01. Termination By Client. You may terminate this Agreement at any time by giving written notice to Tooth Bank at least ninety (90) days prior to the effective date of such termination. If Client decides to terminate this Agreement, Client will not be entitled to a refund of any amounts previously paid under this Agreement. The written notice of Your intent to terminate this Agreement must also provide written instructions to Tooth Bank regarding disposition of the Teeth. If You do not provide such written instructions regarding disposition of the Teeth within thirty (30) days of receiving notice from Tooth Bank, Tooth Bank shall have the unfettered right to destroy the Teeth without further notice to You. If You elect to have Your Teeth transferred to a different facility, You are responsible for any and all transfer fees, costs or expenses relating to the transfer of the Teeth, including but not limited to preparation of the Teeth for transfer, and, all shipping costs.
3.02. Termination by Tooth Bank. Tooth Bank shall have the right to terminate this Agreement at any time if the Client is in breach of any provision of this Agreement and said breach continues for a period of thirty (30) days after Tooth Bank gives You written notice of said breach. Upon termination of this Agreement pursuant to this section, any Teeth being stored by Tooth Bank pursuant to this Agreement shall become the sole and exclusive property of Tooth Bank, and Tooth Bank shall have the unfettered right to destroy the Teeth without further notice to You, Your estate, heirs, successors, beneficiaries or anyone else who may claim an interest in Your Teeth.
3.03. Death of Client. Tooth Bank’s right to terminate this Agreement for breach of any provision, including non-payment, continues even after Client’s death. Client agrees to make whatever arrangements You deem necessary so that Your estate, heirs, successors, beneficiaries or anyone else who may have an interest in Your Teeth will take the appropriate action to notify Tooth Bank of Your death and to request an assignment of this contract pursuant to Section 7.
4. Retrieval of Sample. You shall have the right to obtain Your Teeth at any time provided: (a) You give written notification to Tooth Bank at least thirty (30) days in advance of the date needed; (b) the written notice includes the date of transfer and the name, address and telephone number of the person/entity who shall take possession of the Teeth; and (c) all fees and costs (including preparation, shipping and transfer costs) due to Tooth Bank are paid in full prior to the transfer date. The Client shall be responsible for all transfer fees, costs and expenses associated with preparation, shipping and transfer of the Teeth.
5. Fees. The Client has selected either full payment or a payment plan and agrees to the selected years of storage as indicated on the order form, incorporated herein and made a part of this Agreement. Storage fees are locked in for 18 years from date of storage.
6. Term of Agreement. The Term of this Agreement shall commence upon the date written next to Your signature below. This Agreement shall remain in force for the selected payment plan years, and it shall thereafter renew automatically for additional 1-year periods unless either party notifies the other in writing of their intent not to renew this Agreement after the third year. A non-renewal notice must be sent at least sixty (60) days prior to the expiration of this Agreement or any annual renewals.
7. Assignment. This Agreement is not assignable by the Client without notice to and written consent from Tooth Bank. Tooth Bank may delegate its responsibilities hereunder to one or more subcontractors who perform similar services as part of their regular business activities. Tooth Bank 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.
8. No Warranty or Guarantee; Limitation of Liability. You acknowledge that neither Tooth Bank, nor the Laboratory, nor any of their respective officers, directors, shareholders, employees, agents or consultants have made any representations, guarantees or warranties, express or implied, to You of any type or nature. Without limiting the generality of the foregoing, there have been no representations, warranties or guarantees with respect to (a) suitability of teeth for future treatments; (b) any advantage(s) of using teeth that have been cryopreserved over other clinical means of treatments; (c) the merchantability or fitness for a particular purpose or use of any product or service hereunder. Tooth Bank 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 on behalf of Tooth Bank. You agree that any claim against Tooth Bank or the Laboratory, or the assignee of either, including but not limited to any claim for loss, injury, damage or destruction for whatever reason shall be limited to the total amount of fees paid by the Client to Tooth Bank under this Agreement. The Client hereby releases Tooth Bank and its officers, directors, shareholders, 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 Tooth Bank’s acts or omissions related to this Agreement to the extent that such loss or damage exceeds the amount that the Client has paid to Tooth Bank. The Client understands that by making this release the Client is giving up any right that might exist either now or in the future to sue or otherwise seek money damages or other relief against Tooth Bank for any reason relating to the services contemplated under this Agreement, with the sole exception of seeking a return of any moneys paid under the Agreement.
9. Arbitration. This Agreement shall be governed by and construed in accordance with the laws of the State of Indiana, without regard to its principles of conflicts of laws. Any controversy, claim or dispute arising out of or relating to this Agreement and/or the performance or breach thereof shall be submitted to binding arbitration with the American Arbitration Association ("AAA”) in Indianapolis, Indiana in accordance with the then prevailing AAA rules for commercial arbitration. Arbitration shall be by a single arbitrator, reasonably acceptable to both parties, who shall be selected in accordance with AAA rules for selection of a single arbitrator. The decision of the arbitrator shall be final, binding and conclusive on the parties and may be entered and enforced to the fullest extent permitted by law in any court of competent jurisdiction. By signing this Agreement, Client voluntarily consents to the jurisdiction of the courts of Indiana with respect to any dispute arising out of this Agreement and hereby expressly waives any jurisdictional defenses.
10. Notices. All notices that may be given in connection with this Agreement shall be in writing and must be made either by hand delivery with signed receipt, or by certified mail with return receipt, or by commercial overnight delivery service with proof of signature required. All such notices shall be deemed to have been given on the date of receipt as evidenced by the signature of the recipient. Both parties agree to promptly notify the other within thirty (30) days in the event of a change in the current address at any time during the term of this Agreement.
11. Waiver. Failure of any party to enforce a right, power or option under this Agreement shall not constitute a waiver by such party of its rights at any to time to require exact and strict compliance with any or all of the provisions herein.
12. Miscellaneous. This Agreement contains the entire agreement between the parties, and there are no understandings, agreements, or representations other than as set forth herein. The parties expressly agree that there are no other intended beneficiaries to this Agreement other than the parties themselves. No modification, amendment or waiver of any provision of this Agreement, or 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 considered severable, and may be executed in one or more counterparts.
By checking the box and placing an order through the checkout page, I, the Client, acknowledge that I have read and understand the above agreements, consents, disclaimer of warranties, limitations of liability and releases, and know that that the services described in this Agreement are totally voluntary and elective on my part, and that I can refuse the services for any reason. I acknowledge that I understand all of Tooth Bank’s procedures and have been given adequate opportunities to ask questions of Tooth Bank and to make an informed decision about using Tooth Bank’s services. I have discussed the services with my healthcare provider, and I have signed this Agreement freely and voluntarily. By agreeing to this Agreement, I hereby acknowledge that I am giving up legal rights I might otherwise have had.