UK Cord Blood Bank

Terms and Conditions

INFORMED CONSENT AND CLIENT SERVICE AGREEMENT

Section 1 – Informed Consent

I am the mother of the unborn child (“my Child”) whose cord blood is to be collected at the time of its birth. I am legally entitled to sign this document on behalf of my Child and all of its parents and guardians. I authorise UK Cord Blood Bank Ltd. (“UKCBB”), to receive, process, and test umbilical cord blood and extract, cryopreserve, and store the stem cells contained therein (collectively, the “Cord Blood”) in accordance with the accompanying Client Service Agreement.

1. Service. I understand that this service under the Client Service Agreement (the "Agreement") provides for the testing, processing, cryopreservation, and storage of the Cord Blood after the birth of my Child. I understand that Cord Blood is normally discarded after delivery. I choose to collect and store the Cord Blood in the event that the Cord Blood may be used as a possible future treatment for disease for my Child or for other family members.

2. Consent to Collection. I will request that the medical team, following the birth of my Child, collect the Cord Blood using the collection kit provided by UKCBB. I understand that the medical team will collect the Cord Blood while waiting for the placenta to be delivered or after the placenta is delivered, and that such collection will take approximately five (5) to ten (10) minutes. I understand that the Cord Blood collection should cause me no discomfort or pain or interfere with the birth. I understand that there is a risk of fungal, bacterial or maternal blood contamination when collecting the Cord Blood and that there is no guarantee or assurance of the success of the collection procedure. Nonetheless, I have been fully informed about the procedure for collecting the Cord Blood and consent to allow its collection after the birth of my Child and to furnish it to UKCBB for testing, processing, cryopreservation, and storage services under this Agreement.

3. Maternal Health Information and Blood Testing. I agree to complete and sign the medical history form in the collection kit and return the form to UKCBB with the collection kit. I understand that in accordance with regulatory agency guidelines, I must have a sample of my blood taken by venipuncture, the usual method for blood tests, within 48 hours of the delivery, in order to be tested for transmissible diseases. My blood sample must be placed in the tubes provided in the collection kit and provided to UKCBB. I understand that there is a slight risk of bruising, discomfort, inflammation, or infection at the site of the blood draw. The following tests are currently required on the mother’s blood in order for the Cord Blood to be processed, stored and released in the future: HIV?]1 and 2 (antibodies to human immunodeficiency virus 1); HTLV?]1 and 2 (human T?]cell lymphotrophic virus type 1; implicated in leukaemia, lymphoma, or spinal cord disease); hepatitis B surface antigen and B core antibody; hepatitis C virus; cytomegalovirus (CMV); and syphilis (RPR test). I understand that the maternal blood test is undertaken in order to meet regulations. UKCBB’s lab director and/or medical director will review the results of the testing. If the results indicate the presence of any infectious disease, UKCBB will give me a copy of the results and may decline to store the Cord Blood for that reason. I hereby consent to UKCBB’s disclosure of the results of my blood test to any other Cord Blood storage facility to which I have authorised transfer of the Cord Blood, to the transplantation service in the event the Cord Blood is released for use, and to any government agency to which UKCBB may be required to report such results under applicable law and regulations.

4. Right to Withdrawal. I understand that my participation in the Cord Blood collection procedure is voluntary and that I may stop such collection at any time, subject to the terms and conditions provided in the Agreement.

5. New England Cryogenic Center, Inc. (“NECC”) Tests. NECC completes cultures on all cord blood received to identify any bacteria and or fungi which may be present.

6. Disclosure of Health Information. UKCBB will request certain health information regarding me and my Child in order to provide the service under this Agreement. UKCBB will treat the health information I provide as confidential and will not disclose it to any third party except with my prior agreement or as required by law. I understand that health care providers may need such information to provide treatment to me and/or my Child and that government agencies may be entitled to obtain such information under applicable law and regulations. UKCBB is registered under the Data Protection Act 1998 and information on me and my Child’s health information will be processed in accordance with that Act.

7. Release. I agree to indemnify, defend and hold harmless UKCBB, New England Cord Blood Bank, Inc. (“NECBB”), its Processing Laboratory at NECC, Newton, MA, USA, its shareholders, directors, officers, employees, agents and other representatives from and against any and all liability, loss, expense, legal fees or claims from injury or damages, arising out of the services provided under this Agreement. This does not affect my statutory rights.

Section 2 – Client Service Agreement

This Client Service Agreement (the “Agreement”) is between UK Cord Blood Bank Ltd. ("UKCBB"), representing New England Cord Blood Bank, Inc. (“NECBB”), a Massachusetts corporation with its principal place of business at 153 Needham Street, Newton, MA 02464, USA and the mother of the unborn child whose umbilical cord blood and the stem cells contained therein (collectively, the “Cord Blood”) is to be collected at the time of its birth (the “Child”), representing herself, the Child, its parents, and legal guardians (collectively referred to as the “Client”).

In consideration of the following covenants and conditions set forth herein, the parties agree to the following:

1. Cord Blood Services. The Client will obtain and send blood from the placenta and the umbilical cord (the “Cord Blood”) to UKCBB upon the delivery of the child (the "Child"). The Client will assure that the Cord Blood is retrieved using the collection kit according to the instructions provided by UKCBB. Upon finding that the Cord Blood is suitable for storage, UKCBB will process and cryopreserve the Cord Blood by freezing the Cord Blood in liquid nitrogen or other suitable medium. UKCBB will store the child's cryopreserved Cord Blood for the duration of this Agreement or until earlier termination of this Agreement as set forth below. UKCBB will not use the Cord Blood for any purpose in addition to the purposes described in this Client Service Agreement without the expressed written consent of the Client.

2. CordBloodOwnership. UKCBB will recognise the Client as the custodian of the Cord Blood until the Child reaches 18 years of age. At that time, UKCBB will recognise any claims made by the Child for the Cord Blood.

3. Risks and Benefits. The Client understands that Cord Blood transplantation is a relatively new procedure that may offer possible future benefits to the Child and other potential beneficiaries in treating diseases such as leukaemia, cancer, and blood and genetic disorders. The Client understands that Cord Blood offers a source of stem cells, and the Client acknowledges that they have been informed of alternative sources of stem cells such as bone marrow and circulatory blood. The Client understands that cryopreservation of Cord Blood is a relatively new procedure and laboratory tests and studies have to date indicated it is a successful method of preservation of Cord Blood; however, no long term assurances can be made about the effectiveness of preservation.

4. Maintaining Information. The Client agrees to provide UKCBB and its agents and representatives with complete and accurate information in writing concerning the full name, address, phone numbers and other contact information of the Client and the Child. The Client also agrees to provide such other information that UKCBB may require for the testing of the Cord Blood, maternal blood, performance of its services, compliance with laws, regulations, permits and certifications, as well as for the proper identification of the Client and the Child. If any information that the Client has provided to UKCBB changes or is no longer valid, the Client agrees to give UKCBB prompt written notice of all such changes and invalidity.

5. Term. The initial term of this Agreement will start on the date that UKCBB receives the Cord Blood and will continue for one year ("Storage Period"). This contract will automatically renew at the end of each Storage Period; unless the Client selects a prepaid storage option, or unless either party provides written notice to the other of its intent not to renew at least sixty (60) days before the end of the current Storage Period.

6. End of Agreement. Cancellation or withdrawal service fees will apply for ending the Agreement. (See Service Fee Schedule.) This Agreement will terminate upon the happening of any one of the following events:

Blood test indicating that the Cord Blood collected is not appropriate for storage.

Either party delivers sixty (60) days written notice to the other party terminating this Agreement.
Failure of the Client to pay the processing and storage fees.

Failure of the Client to provide maternal blood for testing.

7. Disposal on Ending of Agreement. Upon ending of this Agreement, the Client will arrange for the disposal of the Cord Blood, and the Client will bear any costs associated with such disposal. (See Service Fee Schedule.) UKCBB will retain all rights to the Cord Blood if the Client fails to arrange for and notify UKCBB of disposal of the Cord Blood within thirty (30) days of ending the Agreement.

8. Payment Terms. The Client agrees to the following payment terms:

Administration Fee. Before transporting a Cord Blood Sample Collection Kit, the standard administration and collection kit fee is payable to UKCBB in full and is non-refundable. (See Service Fee Schedule.)

Processing Fee. This fee must be paid prior to or at the time of processing the Cord Blood. If the Client supplies UKCBB with a valid credit or debit card, UKCBB will automatically charge the processing fee and any outstanding balance within five (5) days of receiving the Cord Blood. (See Service Fee Schedule.)

Collection Kit. This kit is required for Cord Blood collection. It includes all materials needed including the anti-coagulant blood bag specified for the preservation of the Cord Blood during transportation. (See Service Fee Schedule.)

Transport Charge. UKCBB will assist in transporting the Cord Blood from mainland UK to UKCBB's laboratory via overnight service and this cost is included in the Processing Fee. Saturday and Sunday courier pick-up and transportation and that from outside the UK mainland may be subject to an additional charge. If necessary, UKCBB may also provide details of alternative courier services, the fees for which the Client will be responsible. The Client may also elect to arrange delivery of the Cord Blood to UKCBB’s laboratory in Newton, MA, USA personally but they will be liable for all such charges that may then arise.

Storage Fee. The Client agrees to pay UKCBB for storage and can choose renewable annual storage (“Annual Storage”) or long-term storage (“Long-Term Storage”). Any increase to the Annual Storage fee will be limited to the proportionate percentage increase in material costs and to increases in the cost of living index. If the Client supplies UKCBB with a valid credit or debit card, UKCBB will charge the annual storage fee and any outstanding balance within five (5) days of the Annual Storage fee becoming due. (See Service Fee Schedule.) If the Client selects Long-Term storage, storage of the Cord Blood will expire at the end of twenty-five (25) years. At such expiration date there is no automatic renewal.

Credit Card Refusal. If the Client's credit or debit card issuer refuses to honour a UKCBB charge request for any reason and the Client fails to arrange for another method of payment prior to the expiration of the Agreement's current term, this Agreement will be subject to termination by UKCBB, as provided in item 6 on Page 3 of this Agreement.

9. Refund. UKCBB will refund all fees paid by the Client with the exception of the administration fee if tests indicate that collection and storage is not advisable. If either party delivers sixty (60) days written notice to the other party terminating this Agreement, UKCBB will refund a pro rata portion of the Long-Term Service fee after deduction of any costs and expenses involved with the disposition of the Cord Blood in accordance with the Client’s instructions. If the Client fails to comply with its obligations in items 6 and 7 above, UKCBB reserves the right to retain the entire Long-Term Service fee. Except as explicitly provided herein, fees paid by the Client are not refundable.

9. No Warranty. The Client acknowledges that neither

UKCBB, NECBB, its Processing Laboratory at NECC, Newton, MA, USA, nor any of its officers, directors, shareholders, executives, employees or consultants has made any other representations or warranties to the Client of any kind or nature, including, without limiting the generality of the foregoing, any representations or warranties with respect to (i) suitability of Cord Blood for future treatment of diseases; (ii) successful treatment of diseases through Cord Blood transplantation; and (iii) advantages of Cord Blood transplantation over other types of treatment using stem cells.

10. IndemnifyandHoldHarmless. The Client agrees to indemnify, defend and hold harmless UKCBB, NECBB, its Processing Laboratory at NECC, Newton, MA, USA, its shareholders, directors, officers, employees, agents and other representatives from and against any and all liability, loss, expense, legal fees, or claims from injury or damages, arising out of the services provided under this Agreement. The Client further acknowledges that UKCBB is not responsible for the actions of others including her medical staff, the birthing hospital, hospital staff, laboratory staff and transporters of the Cord Blood.

11. DeliveryTimeFrame. The Client agrees to make every reasonable effort to ensure delivery of the Cord Blood to UKCBB's laboratory in Newton, MA, USA.

12. Preparation,TransferandTransportation. In the event that the Cord Blood is needed for treatment, the Client will provide written notification to UKCBB for the Cord Blood to be transferred for transplant or any other reason. The notification will include the name and address of the doctor and hospital receiving the Cord Blood. UKCBB will prepare the Cord Blood for transport according to industry standards. The Client will bear all cost related to the preparation and transportation of the Cord Blood. (See Service Fee Schedule.)

13. Assignability. This Agreement is assignable by UKCBB to any individual, association, partnership or other corporation, which is either providing a similar service or intends subsequent to such assignment to provide similar service. UKCBB will provide advance written notification to the Client if such an assignment were to result in the Cord Blood being transferred from the Processing Laboratory at NECC, Newton, MA, USA to another storage facility.

14. Miscellaneous. This Agreement represents the entire Agreement between the parties concerning the subject matter hereof and there are no understandings, agreements, or representations other than as herein set forth. This Agreement will be binding upon the parties and their respective heirs, spouses, executors, administrator, agents, representatives, successors, assigns, shareholders, directors, officers and employees. The Agreement will be construed in accordance with the laws of the Commonwealth of Massachusetts. If any provision of this Agreement is deemed unenforceable, the remaining provisions hereof will nevertheless be fully enforceable in accordance with their terms.

On behalf of myself (ourselves) and the Child, I hereby grant permission to UKCBB to collect, process and store the Cord Blood after delivery of my Child.

Pursuant to the terms and conditions outlined in UKCBB’s Informed Consent and Client Service Agreement, I request that UKCBB store my (our) Child's umbilical cord blood stem cells.

I understand that according to UKCBB’s Informed Consent and Client Service Agreement, I may modify my decision to store my Child's umbilical cord blood stem cells with UKCBB at any time after the cells are stored. I further understand that upon modifying my decision to store my Child's umbilical cord blood stem cells, I will not receive a refund from UKCBB, except as explicitly provided herein.