Common use of Collection and Storage Clause in Contracts

Collection and Storage. In accordance with the procedures for identification and testing established by FFC, FFC shall receive the Client’s reproductive materials, which have already been cryopreserved by the Client’s physician/clinic for long-term cryostorage until the Agreement is terminated pursuant to Section VI. The cryopreserved material will be stored at FFC’s facility (or the facility of FFC’s designee) during the term of this Agreement, and the Client’s cryopreserved material may be relocated from time to time as reasonably necessary, or desirable, to protect it. All cryopreservation procedures established by FFC may be modified at the sole discretion of FFC to reflect changes in industry practices, laws, or regulations. For the purpose of this Agreement, and for all legal purposes, Client agrees and understands that Client’s frozen embryo(s) and/or oocytes and /or sperm are to be characterized and treated solely as personal property to be left in the possession of FFC (or its designee) as a depository for hire which will only be required to use ordinary care for the preservation of your cryopreserved material pursuant to California Civil Code §1852, subject only to existing laws concerning the storage of embryo(s) and/or oocytes and /or sperm. Parties acknowledges that he/she is aware that there are limited current laws or court case decisions with respect to the storage of cryopreserved material. For that reason, Client specifically agrees that, except for specific existing laws relating to the storage of embryo(s) and/or oocytes and /or sperm, the Parties’ respective rights and duties as to such cryopreserved material shall be determined by California law governing the storage of non-unique personal property, and Client waives any future legal rights or claims he/she may have concerning the storage of such property as created by future case, statutory, or other law. Client is therefore advised, before signing this agreement, that if he/she has any questions concerning the meaning and effect of this agreement relative to his/her legal rights concerning the storage of his/her cryopreserved material, that he/she should seek independent legal counsel. FFC cannot advise Client of his/her legal rights with respect to this Agreement. Initials: /