User Agreement

Please read the following Terms of Service carefully.

Acknowledgment:

By executing this new client information/agreement form ("Agreement"), or using the services of The Scriveners’ Society ("SCRIVENERS’"), Client acknowledges that it has read the following Terms of Service and the Client accepts and agrees to be bound by the Terms of Service, which are incorporated into this Agreement by this reference.

Client's Responsibilities:

To avoid incurring fees needlessly, SCRIVENERS’ recommends that Client allocate the appropriate time and consideration to the preparation of the documents and that Client inform the clients thoroughly regarding the booking services provided by SCRIVENERS’. If SCRIVENERS’ is to pick up documents for a booking, Client must call SCRIVENERS’ to confirm the pick up after the documents are ready, otherwise Client will be charged a waiting fee. Cancellation fees will be charged unless Client gives SCRIVENERS’ notice of cancellation within a reasonable amount of time prior to the booking appointment. Once SCRIVENERS’ Booking Agent has begun the process, for example by commencing to travel to an intake interview, the full amount of the original booking fee will be charged even if Client cancels. If e-mailed or faxed documents have already been printed prior to cancellation, corresponding fees will be charged.

Risk of Loss:

Excerpt as herein provided, Client solely assumes all risks of loss arising from the transaction which is the subject of the services provided by SCRIVENERS’. If SCRIVENERS’, or any of its agents or contractors, causes a situation, regarding the services provided by SCRIVENERS’ (i.e. petition preparation), which requires SCRIVENERS’'s agents or contractors to return to the debtors to make changes, such return and changes will accommodated at no extra charge. However, SCRIVENERS’, or its agents or contractors, either did not cause such situation or caused the situation due to forces beyond SCRIVENERS’, or its agents' or contractor's, control(which situations include for example, without limitation, documents missing from the original batch or changes requested by the lawyer, corrections made to the original documents, rescheduling due to the debtors' not being home at the agreed upon date and time, or having to travel to additional destinations for additional debtors), Client is responsible for the additional costs incurred by SCRIVENERS’ including assessment of additional trips as a new booking event each.

Indemnification:

To the fullest extent permitted by law, Client shall indemnify and hold harmless SCRIVENERS’ against all claims, damages (including, but not limited to, the loss of use of property), and expenses (including, but not limited to, attorneys' fees) arising out of or resulting from the performance of SCRIVENERS’ services, including without limitation claims by any customer (i.e. debtor) of Client, caused in whole or in part by any negligent or willful act or omission of Client.

Fees:

Fees are generally as stated in SCRIVENERS’'s literature, however, each booking is evaluated on an individual basis and the actual cost to the Client may vary due to special circumstances. Extra fees may apply, for example and without limitation, for e-mailed, fedex, or faxed documents, and extra set of documents, debtors’ copies, , or special pick up and/or drop off.

Payment:

Terms of payment are net fifteen (15) days after booking after the " booking " event date.

Non-Solicitation of Booking Agents:

Client agrees that, during the term of this Agreement and for six (6) months immediately following the termination of this Agreement, Client and its agents shall not, except with the express written consent of SCRIVENERS’, directly or indirectly, solicit any Booking Agent for the purpose of retaining, engaging or hiring such Booking Agent to perform any services provided by SCRIVENERS’ to Client.

Assignment:

SCRIVENERS’ reserves the right to assign its rights or subcontract its obligations under this Agreement at any time without prior consent from Client.

Attorney's Costs:

In the event of arbitration or litigation, all fees including but not limited to attorney fees and court costs as well as all incurred expenses, will be paid by the prevailing party.

Governing Law and Jurisdiction:

All questions with respect to the construction and performance of this Agreement and the rights and liabilities of the Parties shall be determined in accordance with the laws of the State of Arizona regardless of which state's law would control under the applicable choice of law rules. The parties submit to the jurisdiction of the federal or state court of Maricopa County, Arizona, in respect of any matter or thing arising out of this Agreement or pursuant thereto to the exclusion of any other court.

Severability:

If any provision, paragraph, or subparagraph of this Agreement is adjudged by any court or other body of competent jurisdiction to be void or unenforceable, in whole or in part, then such adjudication shall not be deemed to affect the validity of the remainder of the remainder of the Agreement, including any other provision, paragraph, or subparagraph. Each provision, paragraph, or subparagraph of this Agreement is declared to be separable from every other provision, paragraph, or subparagraph and constitutes a separate and distinct covenant.

Modification and Waiver:

No change, modification, or waiver of any term or condition of this Agreement shall be valid or binding on SCRIVENERS’ unless such change, modification, or waiver is in writing and signed by SCRIVENERS’. The waiver by SCRIVENERS’ of a breach by Client of any provision of this Agreement shall not operate, or be construed, as a waiver of any subsequent breach.

Entire Agreement:

This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements or understandings, written or oral.

Counterparts:

This Agreement may be executed in two or more counterparts, including facsimile transmissions, each of which shall be deemed an original but all of which together shall constitute one and the same instrument.

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