TERMS AND CONDITIONS – CLIENT AGREEMENT

This CLIENT AGREEMENT FOR DOMESTIC ADOPTION SERVICES (hereinafter referred to as “Agreement”) is entered into between Adored Adoption Agency, Inc (hereinafter referred to as “Adored”) and the prospective adoptive parent(s) (hereinafter referred to as “Clients”). Adored is a licensed child placement agency in the state of Georgia. Adored offers multiple services related to adoption and the terms to various services may differ as outlined below. Adored and Clients agree to enter into and be mutually bound by the following terms and conditions:

Terms: During the Term, Adored will provide the selected services (the “Services”). Client(s) understand that local, state, or federal laws and regulations, policies, and procedures can change at any time, and Adored is not liable for these changes. 

Services: Adored offers the following adoption services: 

  • Full Service Domestic Adoption Program
  • Pre-Identified Adoption Program (Self-Matching)
  • Home Study Services & Post Placement Supervision for Georgia residents only
  • Adoption Coaching Program
  • Profile Services  

Full Service and Pre-Identified Adoption Program: Adored’s adoption program provides adoption services related to domestic adoption of a child which typically include:

  • Education to both the birth family and adoptive family about the adoption process;
  • Support for both the birth family and adoptive family during the adoption process;
  • Case management, resources; and, networking in connection with the routine adoption of a child. 

Adored generally provides the following services:

  • Collection of social and medical history on birth family;
  • Completion of a birth plan with the birth family;
  • Assisting with post placement relationship agreements between the birth family and adoptive family;
  • Obtaining medical records of birth family;
  • Offering on-going support to the birth family;
  • Notifying the doctor and hospital of the adoption plan and adoptive family’s contact information;
  • Assisting the adoptive family in identifying and hiring an agency/attorney local to the birth family to complete the legal process;
  • Sharing the information Adored obtained about the birth family and adoptive family with local counsel (on an as needed basis);
  • Coordination of the Interstate Compact on the Placement of Children, also known as ICPC (if applicable)

Once a family applies to Adored their application packet will be reviewed within 30 days. Families will be notified if they were accepted or denied. If denied, they will be notified of the reason. If they are accepted, they will be placed on a hopeful adoptive family waitlist while their home study remains current and up-to-date. It is the prospective adoptive family’s responsibility to ensure their home study and all required background clearances remain up to date. At any time the home study expires or documents are out of date, they will not be considered an active family and will need to apply again once their home study and/or clearance documents are updated.  

If/when the prospective adoptive family preferences match an expectant/birth family’s preferences and it would be in the best interest of the child, Adored will present the family’s profile. If the family is selected by the expectant/ birth family or the agency, Adored will consider it a “match” between the parties and coordinate the adoption services or provide a referral to another licensed adoption agency if needed. 

There are risks associated with any adoption including but not limited to medical, legal, and financial risks and Adored can not guarantee a placement.  

If Clients agree to the “match”, they will sign a Match Agreement. Clients shall pay ADORED the Adoption Program Fees and Estimated Expenses in the amount and at the times listed on the Fee Schedule and Expectant Parent Estimated Expenses in the Match Agreement.

Clients hereby agree to indemnify and hold harmless ADORED including, but not limited to, all its officers, directors, employees, agents and assigns from any and all expenses, claims, losses, damages, lawsuits and judgments which arise out of or are related to Adored’s adoption programs and/or placement services.

Home Study and Post Placement Services: (Only for residents of Georgia selecting Home Study and/or Post Placement Services) Adored shall conduct a study of the Clients’ home in compliance with the laws governing home studies for prospective placement and/or adoption of children. Adored shall conduct the home study for families requesting home study and/or post placement services that reside in the state of Georgia. 

Clients shall pay ADORED for the home study services in the amount and at the times listed on the Fee Schedule. Mileage will be charged separately at the home visit. Clients acknowledge and agree that all home study fees are nonrefundable for any reason.

Clients also acknowledge and agree that ADORED is not guaranteeing the results of the home study.

Clients further acknowledge and agree that ADORED is not guaranteeing the success or the placement of a child with Clients or the ultimate outcome of any prospective adoption.

Clients hereby agree to indemnify and hold harmless ADORED including, but not limited to, all its officers, directors, employees, agents and assigns from any and all expenses, claims, losses, damages, lawsuits, and judgments which arise out of or are related to ADORED conducting the home study and/or post placement supervision.

Adoption Coaching Program: The program is for families who wish to network with additional agencies in order to expand their opportunities for placement. It includes training, education, advice, and support. After the prospective family’s application is approved, they can select this program, pay the program fee, and have immediate access to all the training and support materials. The support services will be provided for 14 months or until they receive placement, whichever occurs first.  

Profile Design Services: Clients understand this Agreement is in effect for up to 6 months for the purpose of the creation of one adoption profile, and/or adoption online profile webpage depending on services selected from the date signed unless terminated earlier under the Agreements section. 

Clients may request to extend their service term if needed through a 6-week Contract Renewal for an additional fee if approved. Clients also understand that Adored agrees to provide design and creation services until the service is complete or for up to 6 months, whichever occurs first. Once the clients have uploaded all the requested photos, videos, questionnaires, etc, the Adored design team requires 2 weeks to complete the first draft. 

For clients selecting the Profile Book design service, it includes the layout, creative design, picture selection, and written narrative of a 20+ page Adoption Profile. The client will receive a digital file (PDF copy) of the profile and will be responsible for any printing and shipping costs. Clients are responsible for professional photographs. 

For clients selecting the Online Profile Webpage Service, it includes an online profile design, layout, creative design, picture selection, webpage creation, and hosting for up to 6 months. 

Monthly Profile Service: Adored offers to host the client’s online profile webpage with the purchase of the online profile design for a 6-month period. After the initial 6 month period, additional monthly plans can be purchased.

Design Limitations: By choosing a Profile Design Service, Clients are hiring an experienced designer or content creator and agreeing to allow them to make the best creative decisions for the Client’s profile, and/or webpage, which includes themes, colors, fonts, typeset, etc. Clients will have a chance to communicate any design (color or style) preferences, although Adored can not guarantee those preferences will be accommodated. Clients agree to submit professional/quality photos and/or videos per Adored detailed request for kinds of photos/videos needed, quantity, etc. Clients agree to organize and send to their designer per the Adored profile design process. Two (2) rounds of basic edits are included (with a combined 1 hour of edit time). Additional edits requested by the client will be billed at $100/hour. Design layout changes cannot be made once the profile, and/or webpage is complete. 

Production Time Frame: From the time the client has returned all content, photographs, videos, and/or materials to Adored, the design team has two weeks to produce the first draft of content or video.

Ownership, Copyright, and Hosting: All final materials created as a direct result of this Agreement and specifically mentioned in this Agreement become the legal property of Adored. Adored shall assign rights to the Client for use for the purposes of their personal adoption, which include a digital (PDF file) profile, adoption webpage, video, and/or QR code to be hosted by Adored during the term of the contract. Additional hosting can be purchased for $50/month. Adored shall retain the rights to live, in-person presentations and web promotional use. After the term, the online profile webpage that is hosted by Adored will removed from Adored’s website and deleted. There is no way to transfer or grant the Client access to editing software or the hosting site of the online profile webpage. If the Client wishes to keep their Online Profile site “live”, they must pay the monthly service fee (after their initial trial period). 

Rights: Clients give Adored the right and permission to photographs of themselves (and their minor children) and to record their voices, performances, poses, actions, plays, and appearances, and use their pictures, photographs, silhouettes, and other reproductions of their physical likeness in connection with the creation of their online profile.

Clients hereby grant Adored, its successors, assigns, and licensees the perpetual right to use all still and motion pictures and soundtrack recordings and records which provided to Adored of their voice, and the right to use their name or likeness in or in connection with the exhibition, advertising, exploiting and/or publicizing of the profile, video, and/or webpage. 

Clients agree that they will not assert or maintain against Adored, its successors, assigns, and licensees, any claim, action, suit, or demand of any kind or nature whatsoever, including but not limited to those grounded upon invasion of privacy, claims for libel, rights of publicity or other civil rights, or for any reason in connection with the authorized use of my physical likeness and sound in the video or webpage as herein provided.

Clients also give Adored permission to use any recording of themselves on videotape, film, audio tape, photographs, paper, digital medium, or otherwise taken of them and shared with Adored for any purpose and in any and all media now or in the future. Clients certify and represent that they are over 18 years of age and have read the foregoing and fully understand the meaning and effect thereof. If children are present in video or photographs, Clients give permission (or have been granted permission by the legal guardians) for the children who appear in the video, profile, and/or webpage to record their voices, performances, poses, actions, plays and appearances and use their pictures, photographs, silhouettes and other reproductions of their physical likeness in connection with the creation of content.  

Client Obligations: Clients agree that Adored’s ability to perform its obligations under this Agreement is dependent on the Client’s timely fulfillment of obligations. Adored can not be held liable for any costs, charges, or losses sustained by the Clients arising directly from any failure of the Client to fulfill its obligations under this Agreement. The Client warrants that all assets, concepts, materials, photographs, content, specifications, information, and instructions provided by the Client may be exploited without violating any laws or infringing the rights of any third parties. 

Liability: Clients are responsible for obtaining all legal clearances required for the performance of services, including being free to enter into this Agreement and that Clients are not party to, or bound by, any contract, the terms of which would be inconsistent with or contrary to the terms of this Agreement. Clients agree to assume ALL liability and responsibility and hold harmless Adored and any representative liable for state laws, changes to state laws, and/or regulations preventing payment for services provided. Adored can not be held responsible for delays or nonperformance caused by activities or factors beyond its control, failure by the Clients to timely furnish information or approve/disapprove work, or faulty performance by the Clients or others, including third-party contractors hired by Adored or the Clients. Adored shall not be liable for any indirect, third-party, incidental, special, consequential, exemplary, or punitive damages arising out of this Agreement. 

The profile design services and work product of design are sold “as-is.” In all circumstances, the maximum liability of Adored to Clients for damages for any and all causes whatsoever, and Client’s maximum remedy, regardless of the form of action, whether in contract, tort, or otherwise, shall be limited to the net profit of Adored. In no event shall Adored be liable for any lost data or content, indirect, incidental, special, consequential, exemplary, or punitive damages arising out of or relating to the material or the services provided by the designer/content creator, even if Adored has been advised of the possibility of such damages, and notwithstanding the failure of essential purpose of any limited remedy. 

Clients understand they should avoid uploading and sharing images/media with embedded location data (EXIF GPS) included. Visitors to the Adored website can download and extract any location data from images on the website. Clients should only share images/media that do not have the Client’s name(s) or family/friend’s name in the file name.

Designer Acknowledgement: Clients acknowledge and understand Adored can contract design services with Adored Design, Inc and it is comprised of multiple designers and content creators. Clients understand they will be assigned to a specific designer or content creator and remain with them throughout the term of this Agreement in order to provide continuity of services. In the event the designer/content creator is unable to complete services, Clients will be transferred to another capable team member to provide services. Clients also understand that Designers/Content Creators may operate as independent contractors and Adored can not be held liable for contractors’ actions. Adored shall retain all rights to their training materials, proprietary materials, illustrations, graphics, adoption profiles, webpages, videos, or other artwork.

Release: Clients agree that photographs may be altered or modified and used in order to provide the services. The clients also understand that Adored does not have to make changes to the profile, and/or webpage once it is complete without billing additional fees. Clients also understand and acknowledge that the cost of printing and shipping the profile is an additional expense that can be completed through the recommended printer or through another third-party printer. Typical reprint costs are $8.00-9.00 per profile. 

Clients also grant Adored the right to share their adoption video, webpage, and/or profile with adoption agencies, attorneys, embryo adoption programs, adoption organizations/professionals, and/or share publicly online and on social media. If the client does not wish to have their digital content shared by Adored, they must submit a letter in writing to Adored. 

Fees and Schedule of Payments: Adored has an established Fee Schedule that details:

  • Fees associated with each adoption program and/or service;
  • Detailed explanation of the fees and when they are due; and
  • Adored’s Refund Policy.  

Adored’s adoption program fees include an agency fee (for agency, administrative, and staff expenses), social/medical collection and review, case management, pre-placement counseling, education, networking with other licensed agencies on the family’s behalf, as well as coordination of the adoption. All other fees are not included.

Adored’s adoption program fees DO NOT include: home study services, adoptive family profile services, adoption coaching and networking, online training modules, post placement supervision, extensive counseling (defined as more than $500), the birth mother’s living, and medical expenses, social services support, and legal costs for the adoptive and birth family (provided by an attorney).

The Clients also understand that they are solely responsible for all medical costs and expenses including, but not limited to, any applicable insurance deductible and medical expenses incurred by birth mother (pregnancy and delivery) and child (newborn) not covered by Medicaid or private insurance.

Clients agree to submit payment for selected services at the time they are due, as outlined in the Fee Schedule. 

Disrupted Adoption and Refund Policy: If, for reason out of Clients’ control (e.g. the birth family decides to not place their child for adoption, the child has an uncorrectable illness, or a birth mother’s undisclosed drug/alcohol use), and the placement does not occur, ADORED agrees to continue to represent the Clients until they have adopted a child through the assistance of ADORED at no additional adoption program fee. If Clients decide not to proceed with an adoption plan after a child placement disruption/failure that was beyond Clients’ control, ADORED will refund all unused birth mother living and medical expenses, unused legal fees, unused social services fees, and all adoption program fees minus $5,000 to cover administrative and social service costs.

Living expenses, medical expenses, and legal fees are the Clients’ responsibilities regardless of the cause of disruption and only the unused portions of these fees will be returned.

If the disruption is caused by the adoptive family and they decide to not proceed with the adoption (except in cases of special needs delivery or placement) all fees will be non-refundable, except the unused birth mother living and medical expenses and unused legal fees. This refund policy only applies to fees paid by the adoptive family to Adored Adoption Agency, Inc. for the Full Service or Pre-Identified Adoption Programs. Refunds will be processed within 30 days after disruption/failed adoption occurs. All other services, such as Home Study, Profile, or Adoption Coaching Fees are billed when services are rendered and are non-refundable.

No Warranties: Adored does not warrant or guarantee that the birth family will complete the adoption process. Adored does not conduct independent investigations to substantiate any assertions made by the birth family and cannot guarantee the validity of the information given by the birth family. Adored is not responsible for the birth family’s concealment of information. Adored does not warrant or guarantee any birth mother will seek and receive prenatal care or be drug/alcohol free during the course of her pregnancy. Furthermore, Adored cannot warrant or guarantee the circumstances surrounding the adoption plan will remain the same during the course of the adoption plan. Adored cannot guarantee the condition (physical, emotional, etc.) of any child or children involved in an adoption. Adored agrees to inform Clients in a reasonable and timely manner of all non-confidential information about the birth mother and her child.

Contact: Adored encourages contact by Clients. Clients agree to keep Adored and all professionals involved in their adoption informed at all times of any changes in addresses and/or telephone numbers as well as significant family changes. Clients agree to only call Adored after hours during an emergency.

Information and Photo Release: Clients consent and grant Adored and those acting pursuant to Adored’s authority, the right to show Clients’ letters and photos to expectant/birth families and other professionals working on Adored’s behalf in order to connect Clients with expectant/birth parents who wish to place their child for adoption.

Profile Authorization: Clients authorize Adored to share their family profile with other prospective adoptive families for the purpose of education. This authorization shall be in force and effect until revoked in writing. Clients understand that they may revoke this authorization at any time.

Publicity Release: Clients also hereby consent and grant Adored and those acting pursuant to Adored’s authority the right to use any pictures, photographs, film, videotape, audiotape, digital media, any other media, quotes, story, experiences, of Clients, Clients’ family, and/or adopted baby obtained by Adored, either sent to Adored by the Clients or taken by Adored, for marketing purposes. Clients understand that they may revoke this authorization at any time.

Post Placement Requirements: Clients are required to comply with their state’s laws, as well as Georgia laws, regarding post placement supervision and finalization. In the case where Adored holds custody of the child, the Clients agree to finalize the adoption. Adored may suggest an attorney(s) to Clients for finalization. However, Adored is not in any way responsible for any acts or omissions of any attorney. Clients hereby agree to indemnify and hold harmless Adored including, but not limited to, all its officers, directors, employees, agents, and assigns from any and all expenses, claims, losses, damages, lawsuits, and judgments arising out of or related to Adored referring an attorney for finalization or the acts or omissions of that attorney. Clients understand they are free to choose the attorney they wish to represent them.

Term of Agreement: The term of this Agreement shall commence on the date this Agreement is signed by Adored and shall terminate upon finalization of adoption. This Agreement may be terminated by Adored at any time when Adored discovers Clients have provided misinformation or withheld information. In such an event Client forfeits any adoption program or service fees paid to Adored.

Clients may terminate this Agreement by notifying Adored in writing, and such termination will be effective the date of the notification, unless otherwise indicated in the writing. In such an event Clients forfeit any fees paid to Adored.

Code of Conduct: Clients agree to conduct themselves in an ethical and moral manner. Clients understand that if at any time during the adoption process that Clients’ behavior/actions are not consistent with ethical behavior or standards of good parenting, in the sole opinion of Adored, Adored can terminate the Client Agreement, stop all services, and no refund will be given. Such behaviors may include but are not limited to: threats of violence, emotional instability, deceit and/or intent to falsify information, hide criminal and child abuse/neglect history, malicious intent, lying, uncontrollable anger, extreme negativity, and/or extreme profanity. Clients also understand that if they display negative behavior that could be deemed as “unfit,” Adored will report such behavior to the Client’s home study provider, adoption agency/attorney, embryo adoption program, and/or post-placement supervisory agency. Clients agree to notify Adored as soon as possible when any major life event occurs or circumstances change such as separation, divorce, pregnancy, change in adoption plans, health issue, criminal event/history and/or child abuse/neglect status, significant loss of income, and/or change of residence, etc. Clients understand that in certain circumstances such as the event of separation/divorce or criminal/child abuse/neglect history status change, or any other significant life change or event that could have an adverse effect on Clients’ ability to parent, Adored may terminate the Client Agreement, discontinue services, and no refund will be given. Clients also understand that if they receive an unfavorable home study, Adored will terminate the Client Agreement, discontinue services, and no refund will be given.

Confidentiality Agreement: Clients agree that all the information obtained from Adored is a paid service to be used only for the sole purpose of the Client’s personal adoption and is considered confidential only to paying clients. In addition, ALL of the documents and communication Clients receive from Adored are part of our paid services and are the property of Adored. Sharing and/or distributing this information obtained from Adored in any manner, at any time, is strictly prohibited and in violation of this Agreement. Clients understand and agree that this Confidential Agreement will remain in effect even after the Client’s adoption is complete. Clients agree that sharing and/or distributing any confidential information provided by Adored could result in legal action against them.

Indemnification: Clients shall indemnify, defend (at their own cost and expense), and hold Adored and its officers, employees, contractors, and agents harmless from and against any and all claims, suits, demands, damages, losses, and expenses arising from any breach, misrepresentation or other act or omission of the Clients. 

Christian Mediation: In the event any dispute arises between the parties in relation to this Agreement, or out of this Agreement, and the dispute is not resolved by negotiation, the parties agree to submit the dispute to Christian mediation. The parties further agree their participation in mediation is a condition precedent to any party pursuing any remedies in any court in relation to the dispute. Any party to the dispute may give written notice to the other party of its desire to commence mediation, and a mediation session must take place within thirty (30) days after the date that such notice is given. The parties must jointly appoint a mutually acceptable Christian mediator. If the parties are unable to agree upon the appointment of a mediator within fourteen (14) days after a party has given notice of a desire to mediate the dispute, any party may apply to the American Association of Christian Counselors, or such other organization or person agreed to by the parties in writing, for appointment of a mediator. The Clients further agree to cover all the costs of the mediation, which will not include costs incurred by a party for representation by counsel at the mediation. The mediation shall be held in Cherokee County, Georgia.

Choice of Law and Venue: This Agreement, and all rights, obligations, and disputes arising out of it shall be governed by and construed consistent with the state laws of Georgia. The venue for any and all action or legal proceedings pertaining to this Agreement shall be in Fulton County, Georgia.

Severability: If any provision of this Agreement is held to be illegal, invalid, or unenforceable under present or future laws effective during the term of this Agreement, such provision shall be fully severable and this Agreement shall be construed and enforced as if such illegal, invalid or unenforceable provision had never comprised a part hereof, without affecting the validity or enforceability of any other provision of this Agreement.

Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all previous agreements written or oral. This Agreement may only be amended or modified in writing and signed by both parties. 

Headings: The paragraph headings contained herein are for convenience of reference only and are not to be used in the construction or interpretation hereof.

Client Acknowledgements and Permissions: Clients agree to all the terms and conditions and provide permission for Adored to process payment to receive services. The provisions of this Agreement, that by their terms call for payment or performance subsequent to the expiration or termination of this Agreement, shall survive beyond termination.