Article 1: Acceptance of Terms and Foundational Definitions

Governing Agreement and Interpretation of Core Commitments

By accessing, utilizing, or submitting any application, form, or documentation related to the adoption or support services offered by SHAPE OF MY HEART ADOPTIONS, located at 1430 SW WOODHULL STREET UNIT 4962, TOPEKA, KS 66604, (hereinafter referred to as “The Agency,” “We,” “Us,” or “Our”), the user (hereinafter referred to as the “Client,” “Applicant,” “Birth Parent,” or “You”) explicitly acknowledges and agrees to be bound by these comprehensive Terms and Conditions of Service (hereinafter referred to as the “Agreement”). This Agreement constitutes the entire legally binding covenant between The Agency and the Client, superseding all prior or contemporaneous communications, proposals, or agreements, whether oral or written, related to the subject matter herein. Your engagement in any phase of our defined services, including but not limited to initial consultation, submission of an application, commencement of the Home Study process, or receipt of counseling and resources, signifies your full and irrevocable acceptance of these terms, including any future amendments that may be enacted and posted on our official website or otherwise communicated in writing. We strongly advise that you retain a copy of this Agreement for your records and consult with independent legal counsel prior to committing to any adoption or placement process, as the terms herein define your responsibilities, the scope of our obligations, and the critical financial and legal disclaimers associated with adoption work.

For the purpose of clarity and unambiguous interpretation throughout this document, the following key terms shall have the meanings ascribed below, which are foundational to understanding the scope of this Agreement and the services provided by The Agency. The term “Services” shall collectively refer to all professional actions undertaken by The Agency, including counseling, education, Home Study execution, background checks, document preparation, matching facilitation, post-placement supervision, and legal coordination. A “Client” shall refer collectively to any individual or couple seeking to adopt a child (“Adoptive Applicant”) or any individual or couple seeking counseling or resource support related to the placement of a child (“Birth Parent”). The “Home Study” shall mean the comprehensive, legally mandated investigation and assessment process, conducted by a licensed social worker, required to determine the suitability and readiness of an Adoptive Applicant to parent a child. The “Adoption Triad” shall refer to the essential parties involved in every adoption: the Adoptive Applicant(s), the Birth Parent(s), and the adopted Child. The “Placement” shall be defined as the physical transfer of the custody of the Child from the Birth Parent or hospital/maternity center to the Adoptive Applicant, which precedes legal finalization. Finally, “Finalization” shall denote the legal process by which the court issues the final decree of adoption, legally confirming the Adoptive Applicant as the Child’s permanent parent(s), marking the official conclusion of The Agency’s primary legal Services.

Article 2: Scope of Agency Services and Limitations of Obligations

Defining the Boundaries of Our Commitment and Professional Responsibility

The Agency covenants to provide all Services with professional diligence, expertise, and strict adherence to the highest ethical standards as defined by the State of Kansas, federal law, and relevant industry regulations. Our Services are fundamentally phase-based, commencing upon the acceptance of a formal application and the payment of all applicable initial fees. These Services include the comprehensive preparation and completion of the Home Study Report, which involves multiple interviews, home visits, and meticulous document review; the provision of mandatory Parent Education Curriculum and workshops; confidential, non-judgmental counseling and resource connection for Birth Parents; the facilitation of ethical matching based on the preferences of all parties; and the coordination of all legal documentation required for the Interstate Compact on the Placement of Children (ICPC) and subsequent court finalization. The Agency’s professional duty of care extends to the period of post-placement supervision, including mandatory reports filed with the court, ensuring the Child’s welfare prior to the Finalization of the adoption. Our commitment is to manage the complex procedural and emotional landscape of adoption with unwavering support and clarity for the Client.

Notwithstanding The Agency’s extensive commitment, this Agreement is expressly limited in scope and does not include certain external professional services, for which the Client retains sole responsibility and liability. Specifically, The Agency is not a law firm and does not provide independent legal representation, advice, or counsel to either the Adoptive Applicant or the Birth Parent. The Adoptive Applicant is solely responsible for retaining and bearing the costs of an independent, qualified attorney to handle all legal matters related to the finalization of the adoption, including court appearances and the filing of the final decree. Similarly, The Agency facilitates, but does not cover the cost of, or act as the primary provider for, external medical services, long-term counseling, housing assistance, or other necessary resources for the Birth Parent beyond those directly facilitated or paid for through specific, itemized service agreements within the fee structure. Furthermore, our Services, while robust in coordination, do not encompass the fees or administrative processing times levied by external governmental or regulatory bodies, such as fees for state background checks, fingerprinting, or ICPC application processing, and we bear no liability for delays caused by the processing times of these independent third-party entities.

Article 3: Client Eligibility, Representation, and Mandatory Responsibilities

Covenant of Truthfulness and Compliance for Ethical Practice

Every Client, upon submitting an application or engaging in Services with The Agency, must unconditionally covenant and warrant that all information provided, now and in the future, is true, complete, accurate, and non-misleading in all material respects. This requirement of absolute honesty applies specifically, but is not limited to, all medical history, psychiatric disclosures, financial status, criminal history, background check information, and narrative responses contained within the application and Home Study documentation. Any finding by The Agency of a material misrepresentation, omission, or falsehood—whether intentional or unintentional—shall constitute an immediate and incurable material breach of this Agreement, potentially resulting in the immediate termination of all Services, forfeiture of all fees paid to date, and, if legally required, the notification of relevant regulatory authorities and courts. The ethical integrity of the adoption process is paramount, and The Agency relies entirely upon the good faith and complete candor of the Client to fulfill its legal and ethical obligations to the Child and the Birth Parent.

Furthermore, the Adoptive Applicant Client must agree to fully comply with all mandatory responsibilities necessary for the successful and ethical completion of the Home Study and the Services. These responsibilities include, but are not limited to, the timely attendance of all scheduled interviews, prompt submission of all required legal, medical, and financial documentation, successful completion of the mandatory Parent Education Curriculum within the defined timeframe, and full cooperation with all required physical site inspections of the residence. The Adoptive Applicant expressly consents to undergo and satisfactorily pass all required criminal background checks, child abuse registry clearances, and any other assessments deemed necessary by The Agency or mandated by law. Failure to comply with any of these mandatory procedural requirements within the timelines established by The Agency, absent prior written agreement, may be deemed a voluntary withdrawal from the program by the Client, subject to the termination and fee forfeiture clauses outlined in Article 7, as The Agency’s ability to provide Services is contingent upon the Client’s complete and ongoing adherence to these legal and procedural duties.

Article 4: Financial Terms, Fee Structure, and Refund Policy

Detailed Explanation of Non-Refundable Phase Payments and Financial Commitments

The Client acknowledges and agrees that the fees charged by SHAPE OF MY HEART ADOPTIONS are essential to cover the extensive professional labor, regulatory compliance costs, administrative overhead, and provision of 24/7 crisis counseling and resources necessary for the ethical operation of an adoption agency. Our fee structure is explicitly phased, and the Client’s obligation to pay is triggered by the completion of specific milestones or phases of work, irrespective of the ultimate outcome of the adoption process. The fee structure typically comprises an Initial Application and Administrative Fee, a Home Study Completion Fee, a Program Enrollment Fee, and a Placement Fee, which is only payable upon the successful transfer of physical custody of the Child to the Adoptive Applicant. The Client is required to pay all fees promptly upon issuance of the corresponding invoice, and failure to remit payment within the specified term may result in the immediate suspension of all Services, including profile presentation and coordination efforts.

It is a core financial tenet of this Agreement that certain fees, once paid, are strictly non-refundable because they correspond to professional labor, regulatory costs, and resources expended by The Agency, which cannot be recouped regardless of the outcome of the Client’s adoption efforts. Specifically, the Initial Application and Administrative Fee, the Home Study Completion Fee, and any fees paid for the mandatory Parent Education Curriculum are non-refundable in their entirety, as these charges cover the substantial, non-recoverable work of file review, background check processing, multiple hours of social worker assessment time, and the licensing and administrative costs incurred up to that point. In the event of a Voluntary Withdrawal by the Adoptive Applicant from the program before a Placement occurs, or a Termination for Cause by The Agency (as defined in Article 7), the Client shall only be eligible for a refund of any unused portion of the Placement Fee, or a full refund of any fees collected for Birth Parent expenses that have not yet been disbursed. The Client explicitly waives any right to demand a refund for any fees associated with professional Services that have already been fully rendered or substantially commenced, acknowledging that the value lies in the work performed, not solely the final outcome.

Furthermore, the Adoptive Applicant is solely responsible for any and all costs associated with potential Birth Parent Expenses that may be legally permitted and agreed upon, which are costs incurred to cover the reasonable living, medical, and counseling expenses of the Birth Parent. These funds, if advanced by the Adoptive Applicant to The Agency, are held in an agency trust account and disbursed strictly in accordance with Kansas law and the specific, executed agreement between the parties. The Adoptive Applicant understands that if a Placement does not occur (e.g., the Birth Parent chooses to parent the child or selects another family), these disbursed expenses are typically non-recoverable, and the Client agrees to indemnify The Agency against any claim for the refund of funds already legally disbursed to the Birth Parent or other third-party providers in good faith. The Agency reserves the right to increase or adjust its fee schedule annually to reflect changes in regulatory compliance costs, insurance premiums, and operational expenses, provided such changes are communicated to the Client in writing at least sixty (60) days prior to their effective date and do not affect fees already paid for completed milestones.

Article 5: Acknowledgment of Non-Guarantee of Outcome and Inherent Risk

Explicit Disclaimer Regarding Placement Timeframes and Final Outcomes

The Client expressly acknowledges and understands that the Services provided by The Agency do not, and legally cannot, guarantee a final adoption outcome, a specific placement timeframe, or a particular Child characteristic. The adoption process is inherently complex, involving highly individualized human decisions, legal and judicial processes, and medical factors that are outside the control of The Agency. The Agency’s commitment is solely to provide professional, ethical, and diligent efforts to facilitate a match and coordinate a legal placement, but it cannot warrant that a Birth Parent will choose the Adoptive Applicant’s profile, or that any prospective placement will ultimately result in a Finalization. The Adoptive Applicant acknowledges that the right to determine the final placement of the Child rests solely with the Birth Parent(s) until their parental rights are legally terminated and that the Birth Parent(s) retain the right to change their decision or revoke consent at any time prior to the expiration of any applicable revocation period, as governed by Kansas law.

The Adoptive Applicant further acknowledges the existence of inherent risks associated with the adoption process, including but not limited to the risk of an unsuccessful match, the risk of a revocation of consent by a Birth Parent following placement (if legally permissible at that time), and the risk of unexpected medical or social conditions arising in the Child or the Birth Parent that may affect the continuation of the adoption plan. In the event of an unsuccessful placement or a disruption that occurs prior to Finalization, The Agency shall bear no financial liability for losses incurred by the Adoptive Applicant, including fees paid for Home Study and administrative costs, Birth Parent expenses already disbursed, or any travel, medical, or legal fees paid to third parties, consistent with the non-refundable provisions of Article 4. The Agency will, however, covenant to utilize all eligible fees paid to promptly and diligently resume the matching process with the goal of securing a successful subsequent placement, thereby transferring the Client’s paid Service credits to a continuing commitment of professional effort.

Article 6: Confidentiality, Data Security, and Disclosure Obligations

Adherence to Privacy Standards and Legal Mandates for Record Keeping

The Agency’s handling and protection of all sensitive personal and confidential data collected from the Client are governed entirely by the terms set forth in the separate and comprehensive Privacy Policy of SHAPE OF MY HEART ADOPTIONS, which is incorporated herein by reference. The Client confirms receipt and understanding of that policy, particularly concerning the collection of health, financial, and criminal background information, and the legal requirement for The Agency to retain certain non-identifying and legal records (such as the Home Study and Birth Parent medical history) for an extended or permanent duration, irrespective of the Client’s subsequent request for deletion, in order to comply with state and federal laws governing sealed adoption records. Notwithstanding the strict confidentiality maintained by The Agency, the Client acknowledges that, by engaging our Services, The Agency is legally and ethically obligated to disclose identifying and non-identifying information to various third parties, including but not limited to, state regulatory agencies, courts of law, the Interstate Compact on the Placement of Children (ICPC) administration, and licensed legal counsel, as necessary to effectuate the legal and safe placement of a child.

Article 7: Termination of Services

Conditions for Voluntary Withdrawal and Agency-Initiated Termination for Cause

A. Voluntary Withdrawal by Client

The Client retains the absolute right to voluntarily withdraw from the adoption program at any time by providing written notice to The Agency via certified mail or secure email. Upon receipt of such notice, all service provision shall cease immediately. The financial consequences of a voluntary withdrawal shall be governed strictly by the non-refundable fee provisions detailed in Article 4, wherein the Client shall forfeit all fees paid for professional labor and administrative costs already expended (e.g., Home Study fees, education curriculum fees) and shall be entitled only to a refund of any portion of the Placement Fee or Birth Parent expense funds not yet disbursed to third parties.

B. Termination for Cause by Agency

The Agency reserves the explicit right to immediately terminate Services and this Agreement with the Client, without prior notice, upon the occurrence of any one or more of the following events, which shall constitute an incurable Breach for Cause: (i) Any finding of a material misrepresentation or omission of fact within the Client’s application or Home Study documentation; (ii) The failure of the Client to successfully pass or maintain clearance from any required criminal background check or child abuse registry screening; (iii) The discovery of documented evidence of child abuse, neglect, domestic violence, or a felony conviction that was not previously disclosed; (iv) The Client’s failure to fully cooperate with mandatory procedural requirements, including failure to attend mandatory counseling or education sessions, or failure to remedy a safety concern identified during a home visit within the allotted time; or (v) The Client’s engagement in any conduct toward an Agency employee, Birth Parent, or Child that The Agency, in its sole professional discretion, deems to be unethical, abusive, threatening, or in violation of state or federal law. In the event of a Termination for Cause, the Client shall forfeit all fees paid to The Agency, consistent with the non-refundable provisions of Article 4, and shall have no further recourse against The Agency, which shall retain the right to inform all relevant regulatory and licensing authorities of the basis for the termination.

Article 8: Governing Law, Dispute Resolution, and Jurisdiction

Mandatory Arbitration Protocol and Choice of Legal Venue

This Agreement and the rights and obligations of the parties hereunder shall be governed by and construed in accordance with the laws of the State of Kansas, without regard to its conflict of laws principles. The parties agree that any dispute, claim, or controversy arising out of or relating to this Agreement, the Services provided, or the adoption process shall first be attempted to be resolved informally through good faith negotiation between the Client and The Agency’s Executive Director. If the dispute cannot be resolved through negotiation within sixty (60) days, the parties agree that such dispute shall be settled by binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration shall take place exclusively in Topeka, Kansas, or a mutually agreed-upon location within the State of Kansas. Notwithstanding this mandatory arbitration clause, The Agency reserves the right to seek injunctive relief or any other equitable remedy in the state or federal courts located in Topeka, Kansas, to prevent the unauthorized disclosure of confidential information or to enforce compliance with a court order related to the welfare of a child. The Client hereby consents to the personal jurisdiction and venue of the courts in Topeka, Kansas, for any judicial proceeding arising from this Agreement.

Article 9: Electronic Communications and Notices

Protocol for Valid Exchange of Official Correspondence and Documentation

By utilizing The Agency’s Services, the Client expressly consents to receive all official communications, invoices, notices, document requests, and material updates electronically, primarily via the email address provided in the application. The Client warrants that the provided email address is active, secure, and monitored regularly, and that the Client is solely responsible for maintaining the security of this email account and for timely reading all electronic notices. Any notice sent by The Agency to the Client’s primary email address shall be deemed properly and legally received upon transmission, regardless of whether the Client actually accesses or reads the notice. The Client agrees that electronic signatures, where utilized on forms and documents required for the Home Study or application process, shall be treated as having the same legal force and effect as handwritten signatures, provided such electronic signing is executed through a platform designated or approved by The Agency. Any formal legal notice required to be provided by the Client to The Agency must be sent in writing via certified mail, return receipt requested, to the Agency’s physical address specified in Article 1, with an identical copy sent via email to the Privacy Officer.

Article 10: Limitation of Liability and Indemnification

Defining Liability Boundaries and Client’s Duty to Hold Harmless

To the maximum extent permitted by applicable law, The Agency, including its directors, officers, employees, agents, social workers, and contractors, shall not be liable to the Client or any third party for any indirect, incidental, consequential, special, exemplary, or punitive damages, including lost profits, loss of data, or disruption of business, arising from or related to the Services, including any loss or disruption resulting from a failed placement, a disruption, or delays caused by third-party regulatory bodies (e.g., ICPC). The Agency’s total aggregate liability to the Client for any and all claims arising out of or related to this Agreement shall be limited to the total amount of fees actually paid by the Client to The Agency for the specific Services provided during the twelve (12) month period immediately preceding the date the claim arose.

The Client agrees to indemnify, defend, and hold harmless The Agency and its affiliates, directors, officers, and employees from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with (i) the Client’s material breach of any term of this Agreement, including the covenant of truthfulness and compliance; (ii) any act or omission by the Client or their household members during the Home Study or Post-Placement Supervision period; or (iii) any third-party claim arising from the Client’s relationship with the Child or Birth Parent after the commencement of the Services, except to the extent such claims are solely and directly attributable to the gross negligence or willful misconduct of The Agency. This indemnification clause shall survive the termination of this Agreement and the Finalization of the adoption.

Article 11: Amendments, Severability, and Entire Agreement

Final Clauses Ensuring Adaptability and Legal Integrity

The Agency reserves the right to modify these Terms and Conditions at any time. Any changes will be effective immediately upon the posting of the revised Agreement on the official Agency website, and the “Effective Date” at the top of the document will be updated accordingly. For material changes, The Agency will use commercially reasonable efforts to notify active Clients via email. Continued engagement with our Services after any such modification constitutes the Client’s acceptance of the revised terms. If any provision of this Agreement is held by a court of competent jurisdiction or an arbitrator to be invalid, illegal, or unenforceable, that provision shall be severed from the Agreement, and the remaining provisions shall continue in full force and effect. This document, together with the separate Privacy Policy, constitutes the entire agreement between The Agency and the Client concerning the Services and supersedes all prior agreements, representations, and understandings, whether written or oral. No waiver of any term or condition set forth herein shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure of The Agency to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision.