This Client Services Agreement and Informed Consent ("Agreement") evidences all terms and conditions
between CSCC, Inc. ("CSCC") and the undersigned individual ("Client") regarding the processing and
storage of Client’s adipose tissue and cellular components ("Sample").
CSCC agrees to (collectively, the "Services"):
CSCC may subcontract with third parties (“Subcontractors”) to provide some or all of the Services, although
Client’s contractual relationship is with CSCC and not with any Subcontractor, and CSCC remains
obligated to perform its responsibilities under this Agreement. As of the date of this Agreement, CSCC has
subcontracted with Fusion Biologics, LLC to perform certain Services as a Subcontractor.
Client agrees to:
The initial term of this Agreement has been selected by Client from the payment plans published on CSCC's
website as of the Effective Date, specified below ("Initial Term"). Promptly after receipt of the Sample,
CSCC or its Subcontractor will charge the Fees for the Services and the Initial Term to Client’s credit card.
Upon CSCC’s or its Subcontractor’s receipt of Client’s payment of the Fees, CSCC or its Subcontractor
will undertake to process and store the Sample. If the Sample is successfully processed and stored, the Initial
Term will begin on the date the Sample is successfully processed and stored.
This Agreement will automatically renew upon the expiration of the then-running term, subject to Client’s
payment of Fees for the renewal term. Unless Client or CSCC elects not to renew as provided below,
CSCC or its Subcontractor will charge Client’s credit card account within sixty days before the expiration of
the then-running term for the Fees then applicable for the Services and the renewal term.
Non-Renewal and Termination
Client may elect not to renew this Agreement. To do so, Client must provide CSCC or its Subcontractor
written notice of Client’s election not to renew at least sixty days before the expiration of the then-running
term. CSCC may elect not to renew this Agreement for any reason or no reason. If this Agreement is not
renewed, it will expire upon the expiration of the then-running term. Client may not terminate this Agreement
except by electing not to renew as provided above. CSCC may terminate this Agreement upon written notice
to Client if any Fees are not paid within thirty days after the due date. Upon termination or non-renewal of this
Agreement, CSCC or its Subcontractor must notify Client in writing of termination or non-renewal and
request Client’s election regarding the return or disposal of the Sample. If Client does not communicate the
election within thirty days after the date of the notice to Client, CSCC or its Subcontractor may dispose of
the Sample per CSCC's standard operating procedures or utilize the Sample for research purposes without
individual identification. Client hereby gives consent to that disposal and use. Neither CSCC nor its
Subcontractor(s) will have any obligation to notify Client of the disposal of Sample and will have no further
obligation to Client with respect to the storage or retrieval of the Sample.
Fees and Refund Policy
Client must pay applicable Fees at the pricing published on CSCC's website as of the Effective Date and, in
the case of any renewal, the Fees in effect on the date of any renewal of this Agreement. Annual fees are
subject to change at any time at CSCC’s discretion. All Fees must be paid by credit card and are deemed due
at that time CSCC or its Subcontractor charges Client’s credit card account in accordance with this
Agreement. If Client fails to pay all Fees when due, CSCC and its Subcontractor(s) are entitled to initiate
collection procedures against Client, in addition to any other rights or remedies available at law or equity.
Once paid, all Fees are non-refundable.
CSCC is committed to protecting the privacy of Client. Personally identifiable information that CSCC or
its Subcontractor receives, creates or collects is not disclosed to anyone other than those Client authorizes
("Authorized Users"), such as Client’s physician, or except as required by state or federal law. Except as stated
above, or as necessary to perform the Services, neither CSCC nor its Subcontractors will sell or otherwise
disclose information collected from Client or from Authorized Users.
Authorization and Informed Consent ("Informed Consent")
Release from Liability
Client hereby releases CSCC, its Subcontractors and their respective directors, officers, employees and
agents from any and all claims, causes of action, damages, losses or liabilities arising out of, or relating to, the
collection, transport, processing, preservation, testing, storage, retrieval and use of the Sample, except to the
extent that any claim, cause of action, damage, loss or liability is due to CSCC's or its Subcontractor’s gross
negligence or willful misconduct as determined by a court.
Limitation of Liability
CSCC’s LIABILITY (OR THAT OF ANY SUBCONTRACTOR) SHALL NOT EXCEED THE TOTAL
AMOUNT PAID TO CSCC OR ITS SUBCONTRACTORS UNDER THIS AGREEMENT IN THE
TWELVE-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT THAT GIVES RISE TO ANY
LIABILITY. CSCC'S LIMITATION OF LIABILITY IS CUMULATIVE WITH ALL OF ITS
EXPENDITURES BEING AGGREGATED TO DETERMINE SATISFACTION OF THE ABOVE LIMIT.
THE EXISTENCE OF CLAIMS OR SUITS WILL NOT ENLARGE OR EXTEND THE LIMIT. CSCC
SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE
DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES ARISING UNDER ANY CAUSE OF
ACTION, INCLUDING CONTRACT, WARRANTY, STRICT LIABILITY OR TORT, WHETHER OR
NOT CSCC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE
LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE
OF ANY LIMITED REMEDY. YOUR STATE OF RESIDENCE MAY NOT ALLOW THE LIMITATION
OF LIABILITY FOR PERSONAL INJURY OR OTHER LIMITATIONS SPECIFIED ABOVE. IN THAT
CASE, THIS LIMITATION MAY NOT APPLY TO YOU. CLIENT'S ONLY RIGHT WITH RESPECT TO
ANY PROBLEMS OR DISSATISFACTION WITH CSCC'S SERVICES IS TO NOT PAY THE
ANNUAL RENEWAL SERVICES FEE. THIS LIMITATION OF LIABILITY IS AN ESSENTIAL
ELEMENT OF THE BARGAIN BETWEEN CLIENT AND CSCC, WITHOUT WHICH THE
ECONOMIC TERMS OF THIS AGREEMENT MAY BE SUBSTANTIALLY DIFFERENT.
Confirmation of Agreement and Signature
Client acknowledges that Client has read and understands this Agreement. As evidenced by Client’s electronic
signature below, Client accepts all terms and conditions of this Agreement to be effective today's date
Copyright © 2017 Celebration Stem Cell Centre