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Engagement Agreement Terms

 

Thank you for choosing Leverage Legal Group LLC (“LLG”) to assist with legal matters for your business. The purpose of this letter is to outline Leverage Legal Group’s terms and conditions of representation of you and your business. By signing this agreement ( (the “Agreement”)), you irrevocably agree that this Engagement Agreement becomes a binding contract between you/your business (“the Company” or “you”) and Leverage Legal Group (“LLG”), and applies to all legal services Leverage Legal Group will provide to you.

By signing up for our services here in this website, on our calendaring system, you are acknowledging that you have read, agree to and accept all of the terms and conditions contained in this Agreement.

Retention of Leverage Legal Group: Scope of Services. You have retained Leverage Legal Group to engage in the services outlined in the agreed upon Scope of Services (“Services” or “Scope of Services”). The details and benefits of the Services are incorporated herein by reference as the Scope of Services for this engagement. Where necessary, LLG will associate or retain local counsel in your specific state in order to be sure that state issues relating to the Services are dealt with properly and in accordance with state rules and regulations. LLG will do the same for international legal work by hiring local council in any countries in which we do legal work for you. Leverage Legal Group may use its staff attorney(s), paralegal(s) and assistant(s) in connection with provision of the Services (“LLG Associated Individuals”), if LLG deems it efficient and in your best interest.  By signing this Engagement Letter, the Company agrees and authorizes LLG to use LLG Associated Individuals in connection with the Services. Unless otherwise indicated in writing in this Agreement, we represent the Company and not any of the principals individually.

We are not responsible for filing for or educating you about taxes, fees, permits, or licensing required by your state or any state entity. Please contact us to set up a separate engagement if you need legal guidance in those matters. Unless otherwise indicated in writing in this Agreement, we represent your company and not you individually, and do not represent any of your business partners or any other person or entity in connection with this matter.

Fees and Expenses. You will compensate Leverage Legal Group based on the pre-paid non-refundable fee or retainer set forth on the Scope of Services (the “Fee”), due in full prior to the commencement of work under this engagement, or as otherwise specified on the Scope of Services. The fee does not include any sales tax, nor costs or fees incurred by LLG on your behalf, or any charged by government agencies, including any online or expediting fees, necessary to complete the work, such as the United States Patent and Trademark Office, the United States Copyright Office, or the applicable Secretary of State. Those costs and fees are payable either directly to that agency or we will invoice you for the fee or cost. For hourly fee work, it will be billed at Ms. Mathew’s hourly rate of $450/hour or her staff’s hourly rate, which ranges from $50-150/hour depending on the stall member, and will be invoiced periodically via email.  Invoices become due within 5 days of receipt. You agree that all invoices may be sent via email and are deemed received on the day the email is sent. Any overdue fees will be charged a late fee of $25 a month and reasonable attorneys’ fees and costs for collection, if required. If you elect to expedite your Services with us, an additional fee will be required and must be pre-paid prior to or at the time we provide the Services to you. Where required by law, any retainer or flat-fee will be placed in LLG’s IOLTA client trust account. In that event, upon delivery of the work as described on the scope of services (such as proof of trademark research being completed or proof of trademark filing), the portion of the fee for that work will be immediately released to LLG.

By scheduling a paid consultation or engaging us to perform services outlined in the Scope of Services we sent to you (if applicable), you authorize Leverage Legal Group to charge your credit or debit card, or cash your check, as indicated above immediately or at a later date.  Credit card payments incur a 3% processing fee. Returned checks are considered a breach of this Agreement and for any returned check, you will be charged a $35 Returned Check Fee. No refunds will be issued under any circumstances and all payments must be paid on a timely basis.  Failure to pay on time, including a returned check, constitutes a breach of this Agreement, at which time full payment becomes due immediately and Leverage Legal Group will cease work on your Services until your account is paid in full.  Leverage Legal Group reserves the right to terminate this Agreement at any time in our sole discretion.

Client Obligations. The information you provide to us is a critical part of our ability to provide you with excellent legal guidance under the Services. Without it, we cannot proceed with the Scope of Services. You represent and warrant that all information You provide to Leverage Legal Group is accurate and complete. You agree to provide all requested information in a prompt manner, and you acknowledge that Leverage Legal Group requires and will rely on the information provided by you to design and execute the steps necessary to complete the Scope of Services. Leverage Legal Group is not liable or responsible to you in any way - and you agree to hold Leverage Legal Group harmless - for the information you provide to us and that we therefore rely upon in rendering legal advice or legal services to You.

Timing and Duration of Services. The timing and duration of our completion of the Scope of Services is dependent upon many factors, including the timing of your full payment of the Fee, your providing us with complete and accurate information as we request, and any follow up requests by us, and it also is dependent upon the complexity of your legal issues. We cannot promise or guarantee that we will have the entire Scope of Services complete within a specific number of days. We will strive to complete the work in as prompt a manner as is reasonably possible. Moreover, certain tasks, such as obtaining a registered trademark or copyright will take many months, and may require follow up work in order attempt to secure those items.

Leverage Legal Group may recommend an expedited filing or service for the Services or give you the option of an expedited filing or service for the Services. If you decline to expedite your filing or service for any reason or do not request an expedited filing or service, your Services may be delayed significantly than if you had expedited your filing or service.  Processing times vary by state and are subject to change at any time due to a particular state’s submission volume. We may charge you an additional fee to expedite our services, which will be disclosed to you in writing and must be paid at the time of service. State and Federal entities may also charge an expedited fee in addition to their normal filing fees. Leverage Legal Group will advise you of these fees and obtain your authorization prior to filing. You will be responsible for any additional fees you have authorized at the time you are invoiced for normal filing fees. Authorizing Leverage Legal Group to perform an expedited filing does not guarantee that your filing can be expedited and does not guarantee your documents will be returned by the date expected. We will advise of the expected processing times provided by the state or federal entity you are filing with, however Leverage Legal Group will not be responsible for discrepancies in the processing time information given to the firm.

The completion of work, whether under normal or expedited timetables, may be delayed due to unforeseen circumstances.  Leverage Legal Group is not responsible for delays due to state or federal processing rules and regulations, or causes beyond our control, including, but not limited to: fire, flood, earthquake, accident, civil disturbances, war, rationing or embargoes, strikes, labor problems, delays in transportation, inability to secure necessary materials, delay or failure of performance of any supplier or subcontractor, internet outages, computer errors, electronic outages, third party system errors, acts of God and acts of Government.

Electronic Submission.  In order to facilitate your Services, Leverage Legal Group attorneys and support staff will use online methods of submitting applications and documents wherever possible.  Any associated fees may be passed on to you as outlined in the Scope of Services. In some instances, filing an application or document online may be a higher cost than filing by mail, and in some instances it may be a lower cost. Leverage Legal Group believes that filing online will provide the best service to you and is the most efficient way to fulfill our obligations to you under the Services. You may direct in writing that only a traditional paper filing be used. Leverage Legal Group will not be responsible for any lost or delayed filings due to a paper filing request. If we cannot accommodate a paper filing request due to state or federal processing rules and regulations, the nearest alternative method of filing will be utilized.

Disclosure.  Leverage Legal Group represents other individuals and businesses. You may view some of Leverage Legal Group's other clients as competitors. Unless disclosed in writing, Leverage Legal Group does not perceive any conflict in undertaking to represent you in connection with the matters described above, and it is understood that, although Leverage Legal Group may work on matters for other clients, confidentiality of your information will be maintained. If actual or potential conflicts of interest arise beyond those already disclosed to you by us, Leverage Legal Group will proceed in accordance with the applicable rules governing the legal profession.

Privacy and Confidentiality. Your relationship with Leverage Legal Group is governed by the rules of Attorney/Client privilege and all information provided to use in furtherance of this Agreement will be treated with the upmost care and confidence, per the applicable rules governing the legal profession.

By signing this agreement, you agree (1) not to infringe any of Leverage Legal Group’s copyright, patent, trademark, trade secret or other intellectual property rights, (2) that any Confidential Information shared by any representative of Leverage Legal Group is confidential and proprietary, and belongs solely and exclusively to Leverage Legal Group , (3) you agree not to disclose such information to any other person or use it in any manner other than in discussion with Leverage Legal Group staff during the Services. You further agree that (4) all materials and information provided to you by Leverage Legal Group, including contracts, disclaimers, releases or other legal documents, are Leverage Legal Group’s confidential and proprietary intellectual property, belong solely and exclusively to Leverage Legal Group, and may only be used by you as authorized by Leverage Legal Group, and (5) the reproduction, distribution and sale of these materials in whole or in part by anyone but Leverage Legal Group is strictly prohibited.

Further, you agree that, if you violate, or display any likelihood of violating, any of the provision contained in this section of the Agreement, that any harm or threatened harm arising from those violations is irreparable and that Leverage Legal Group will be entitled to immediate injunctive relief to prohibit or stop any such violations to protect against the harm or further harm of such violations. In the event that Leverage Legal Group must seek legal or injunctive relief under this Agreement, you agree to pay all attorney’s fees and costs incurred by Leverage Legal Group in enforcing their rights under this Agreement.

Client’s Consent to Being Identified as a Client of the Firm Information about Leverage Legal Group’s experience and expertise is often requested by and provided to clients and prospective clients, and it is helpful to be able to identify past and current clients and matters in specific practice areas. For example, Leverage Legal Group and its attorneys sometimes refer to clients they represent on the Leverage Legal Group website, in biographical information prepared for online directories and websites, as well as promotional marketing materials and conversations. Leverage Legal Group does not publicize information in a way that would affect or compromise a client’s confidential information or best interests. If you prefer that Leverage Legal Group not use information regarding your business or any specific matter in this way, please let us know. By signing below, you are giving your advance written consent to be publicly identified as a Leverage Legal Group client along with your logo and a general description of any non-confidential matters handled for the Company, provided, of course, that any confidential information about you (your business) will not be disclosed.

Termination.  Upon completion of the Scope of Services, this engagement will terminate but the rights and remedies in this Agreement shall continue indefinitely or until applicable statutes of limitations expire. We would be happy to provide additional legal services to you beyond the scope of this engagement. Any additional legal services desired by you, such as other legal services, trademark monitoring services or ongoing monthly legal support services, must be set forth in a separate engagement letter.

No Guarantees. We have made every effort to accurately represent the Services and its potential. The testimonials and examples used are not intended to represent or guarantee that anyone will achieve the same or similar results. Each individual’s success or avoidance of liability or legal problems in their business depends on many factors, including his or her background, dedication, desire, motivation and proper and timely use of the materials received by us through the Services. By submitting payment, you acknowledge that as with any business endeavor, there is an inherent risk of loss of capital and there is no guarantee that you will avoid litigation, disputes, or other legal problems as a result of your participation in the Services.  You also acknowledge that you have represented to Leverage Legal Group that payment of your Services membership fees will not place a significant financial burden on you or your family.

Trademarks and Copyrights. As a part of the Services, we might be assisting you in making application for a registered trademark or copyright. You acknowledge and agree that we cannot guarantee that you will qualify for either, or receive either. We will conduct a trademark search for you as a part of the Scope of Services, but whether you qualify for one is beyond our control and is in the discretion of the United States Patent and Trademark Office. The same applies for an application for a copyright through the United States Copyright Office. Moreover, sometimes it is necessary to respond to those offices with additional information or a revised application. We will assist you with those tasks, but we cannot guarantee the outcome of that process. No refunds will be given in the event you do not succeed in obtaining a mark with the USPTO or respective state agency.

Force Majeure and Liability.  Leverage Legal Group is not responsible for any loss, damages, costs, claims or expenses which may be incurred as a result of its delay in or failure to perform its obligations where such delay or failure is due to causes beyond our control. Causes beyond our control include, but are not limited to: fire, flood, earthquake, accident, civil disturbances, war, rationing or embargoes, strikes, labor problems, delays in transportation, inability to secure necessary materials, delay or failure of performance of any supplier or subcontractor, internet outages, computer errors, electronic outages, third party system errors, acts of God and acts of Government.

Dispute Resolution.    In the event a dispute arises between Leverage Legal Group and You concerning fees or expenses, Leverage Legal Group and You will use mediation to resolve such fee disputes concerning fees for legal and business services. The laws of the State of Washington will govern any dispute and you consent to personal jurisdiction and waive any claim of forum non conveniens by signing this Agreement.

Counterparts and Modification. This Agreement may be signed in counterparts and may be amended from time to time by the mutual written agreement of the parties.

No Tax or Financial Advice. By signing this Agreement, you acknowledge that the attorneys, staff and agents of Leverage Legal Group are not qualified to provide tax, accounting or financial advice, and the information provided to you by Leverage Legal Group is not intended as such. You acknowledge that advice or legal services provided by Leverage Legal Group attorneys or associates could affect your tax and/or financial situation. You should refer all tax, accounting, and financial-related inquiries to appropriately qualified professionals in your state.

Document Return & Retention.  Following the termination of this agreement for any reason, we will return to you any original documents we received from you if so requested.  Many documents are not maintained as “hard copies”, but are instead kept electronically.  We can deliver to you any “hard copy” documents as well as an electronic copy of your file at any time including after the conclusion of our representation. We will thereafter maintain your electronic file documents for at least six years in an electronic format unless you would request that we keep it as a hard copy which may require storage fees which will be charged to you. We encourage you to obtain a copy of your file at the conclusion of this matter is you have an interest in keeping/safeguarding any documents in the file.

If you have any questions about our fee arrangement, or the scope of the work that we will undertake on your behalf, please do not hesitate to contact us.

 

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