Included in the TLP Flat Rate Program:
As part of the payment of the membership fee and under the terms and conditions of this Consultation Service Contract (“Contract”) and any attachments thereto, you (“Covered Entity”) will receive the services as outlined in this Contract as outlined below. Any legal services rendered will be provided by attorneys designated by The Law Partners (TLP), which includes licensed and practicing attorneys in the state of California. Any and all requests for services must be directed to TLP and allow for sufficient time for preparation and response. This Contract does not apply to services related to litigation or pending litigation against the Covered Entity, subsidiaries or affiliates.
- Effective Date
The Effective Date is the date on the membership application or date the application is accepted by TLP and confirmed in writing.
- Eligibility Period
The Eligibility Period begins on the Effective Date of the Contract and terminates immediately in the event of cancellation by TLP or the Covered Entity.
- Services Rendered
During the Eligibility Period, TLP will provide the Covered Entity with consultations regarding the Covered Entity’s employment practices at the Covered Entity’s request. The Covered Entity may request consultations via phone, video conferencing, email, or other form of electronic communication on legal matters. These consultations are available to the extent that TLP deems it necessary to adequately advise the Covered Entity concerning the legal matter. During each consultation, legal advice may be offered. However, each consultation is separate and does not constitute a binding legal representation for future legal services. For any consultation under this section, the Covered Entity will contact TLP during regular office hours, excepting holidays.
If further significant legal research or correspondence is needed based on the consultation, TLP will estimate the amount of time needed and will be willing to provide such research or correspondence under a discounted rate based upon the membership plan applicable to the Covered Entity.
If further significant document review is needed based on the consultation, TLP will estimate the amount of time needed and will be willing to provide such document review under a discounted rate based upon the membership plan applicable to the Covered Entity. If acceptable, the Covered Entity shall provide a legible copy of the document to TLP while retaining the original.
- Review of Contract:
The Covered Entity shall have seven (7) days after delivery to review the Contract. If the Covered Entity is not satisfied with it for any reason, the Covered Entity may send written notice rescinding the Contract and have the paid membership fee refunded. Upon the delivery of the notice of rescission, the Contract shall be void from the beginning and the parties shall be in the same position as if this Contract had not been issued or agreed upon.
- Cancellation of Contract:
The Covered Entity or TLP have the right to cancel this agreement at any time under any circumstances. Any cancellation must be made in writing and communicated to both the Covered Entity and TLP. All services will immediately terminate upon delivery of the cancellation. Upon written request, the Covered Entity shall be entitled to reimbursement for the unused portion of the membership fees paid for this Contract, calculated on a pro-rata basis over the period of the Contract. In the event of a cancellation, the Covered Entity acknowledges that it will not be represented by TLP on any legal matters after the date of cancellation and that it will seek legal representation from another legal representative if needed.
- General Exclusions:
The following items are excluded from this Contract and shall not be interpreted as included services under the contract:
-Any matter involving any Covered Entity which arises as a result of business matters or interests, including ownership, management, association with a business, partnership, corporate entity, or trust; or any income producing property or venture regardless of the nature.
-Any matter involving a civil action filed in state or federal district court concerning the Covered Entity, or its subsidiaries or affiliates.
-Fines, court costs, filing fees, ad litem fees, penalties, expert witness fees, bonds, bail bonds, or any other costs including but not limited to out of pocket expenses.
-Any person or entity who initiates a lawsuit or demand for arbitration against TLP or any of its subsidiaries or affiliates, or is named as a defendant or respondent in a lawsuit initiated by TLP or any of its subsidiaries or affiliates, shall be excluded from receiving any of services under this contract during the pendency of such a lawsuit or until its resolution.
-Any matter which TLP determines is resolved or has been raised an unreasonable number of times without substantial change of circumstance.
-Any matters which are covered by an insurance policy.
- Attorney-Client Contract and Representation:
All services which may require payment of any anticipated cost or payment of a retainer to TLP for further legal services shall be subject to an Attorney-Client Contract This Attorney-Client Contract is to be agreed upon by the Covered Entity and TLP prior to the time such additional services are rendered. All determinations of retainers and anticipated costs to be incurred shall be within the discretion of TLP.
- Settlement of Disputes:
All disputes or claims relating to TLP, this Contract, any of Contract’s products or services, or any claims or causes of action between any Covered Entity, TLP, and any of TLP’s officers, directors, employees or affiliates, whether in tort or contract, shall be settled totally and finally by binding arbitration according to the applicable rules of the American Arbitration Association. If a Covered Entity files a claim or counterclaim against TLP or any of TLP’s officers, directors, employees or affiliates, the Covered Entity acknowledges that it may only do so on an individual cases and not with any other member or as a part of a class action.
The Covered Entity and TLP shall mutually cooperate for the effective rendering of legal services, if needed. At all times, both the Covered Entity and TLP shall be required to treat each other in a professional and respectful manner.
- Change in Fees:
TLP reserves the right to change the established membership fee for services under this Contract applicable to the Covered Entity. Changes in the membership fee will only occur after the current payment period has expired. TLP will give the Covered Entity notice of at least thirty (30) days before the change of membership fees.
If any provision of this Contract is deemed invalid or unenforceable in any respect, such provision(s) shall be reformed to make it effective. However, if any provision(s) is deemed invalid or incapable of being reformed, it shall not impact the validity and enforceability of all other provisions of this Contract, which shall remain valid and enforceable.
- Entire Agreement: This Contract represents the entire agreement between TLP and the Covered Entity.
- Geographical Areas of Coverage: This Contract provides for legal services in United States, excluding tribal territories or other territories outside of the United States.