Representation and Fee Agreement

This Fee Agreement (“Agreement”) is a contract and describes what legal services will be provided and the nature and limits of the attorney-client relationship between the attorney and the client.

Who are you working with and who is the client?

This Agreement is between you (“Client”) and the NU Legal PLC team, doing business as Surge Business Law, an Iowa law firm, practicing at NU Legal PLC at 5335 Merle Hay Rd Ste 7, Johnston, IA 50131 (“Attorney”). This Agreement becomes effective the earlier of Effective Date, or when Attorney begins the services for Client outlined in this Agreement (“Effective Date”).

What services will be provided?

Client hires Attorney to provide legal and business services.

Attorney will provide the services reasonably required to represent the Client and the Client’s best interests. Attorney will take reasonable steps to keep Client informed of progress and to respond to Client’s questions.

Client’s duties

Client agrees to be truthful with Attorney and not withhold information. Client also agrees to cooperate, to keep Attorney informed of any information or developments which may come to the Client’s attention, to pay Attorney’s bills on time, and to ensure Client’s contact information is up to date.

What services will not be provided?

• Attorney is not providing tax advice concerning any of the services described in this Agreement. Client should seek the advice of a tax professional regarding the potential consequences of these matters.
• Attorney is not representing Client in any litigation matters for services performed under this Agreement. Litigation services, if required, will be provided under a separate agreement.

What are the costs and when is payment due?

The services covered under this Agreement are charged at a flat rate and an hourly rate, disclosed above. Some services are provided at a flat rate and the price for these services is listed on the website. Additional legal work is billed at the hourly rate.

Attorney will incur various costs and expenses while performing the required services under this Agreement. Client agrees to pay for all costs, disbursements, and expenses in addition to the above fees. The costs commonly include regulatory filing fees, notary fees, postage, and travel costs.

Power of Attorney

Client gives the Firm a power of attorney to execute all documents which are necessary or desirable to proceed with legal representation on the matter, such as a new trademark application, Statement of Use, Office Action response, changes to a current pending application or registration, and the like. Client designates Attorney Matthew Nuzum as its representative with power to bind Client in connection with representation under this engagement.          

Confidentiality

Client agrees that Attorney may share general details about the work done for Client as part of a portfolio of work and use Client as a reference for others seeking similar work. Attorney will maintain the confidentiality of all Client’s trade secrets, competitive advantages, and non-public intellectual property and will not share or discuss sensitive details about the work performed for Client or about Client or Client’s business operations.

How will the Relationship End?

Client may discharge Attorney at any time. Attorney may withdraw with Client’s consent or for good cause or if permitted under the Rules of Professional Conduct of the State Bar of Iowa and/or applicable law. Attorney may withdraw if Client’s conduct renders it unreasonably difficult for the Attorney to carry out the services effectively or if Client fails to pay Attorney’s fees or costs as required by this Agreement. Notwithstanding the discharge, Client will remain obligated to pay Attorney at the agreed rates for all services provided and to reimburse Attorney for all costs advanced.

Conclusion of Services

When Attorney’s services conclude, whether by completing the services covered by this Agreement, or by discharge or withdrawal, all unpaid charges for fees or costs will be due and payable immediately. Client may have access to Client’s case file at Attorney’s office at any reasonable time. At the end of the engagement, Client may request the return of Client’s case file. If Client has not requested the return of Client’s file, Attorney will retain the case file for a period of seven years, after which Attorney is authorized by this agreement to destroy the case file. If Client requests Attorney to return Client’s case file, Attorney is authorized to retain copies of the case file at Attorney’s expense.

Additional Information

Nothing in this Agreement and nothing in Attorney’s statements to Client will be construed as a promise or guarantee about the outcome of the matter. Attorney makes no such promises or guarantees. Attorney’s comments about the outcome of the matter are expressions of opinion only and will not be construed as promises or a guarantee.

This Agreement contains the entire agreement of the parties. No other agreement, statement, or promise made on or before the effective date of this Agreement will be binding on the parties. This Agreement may be modified by subsequent written agreement signed by both parties. If any provision of this Agreement is held in whole or in part to be unenforceable for any reason, the remainder of that provision and of the entire Agreement will be severable and remain in effect.

THE PARTIES HAVE READ AND UNDERSTOOD THE FOREGOING TERMS AND AGREE TO THEM AS OF THE DATE ATTORNEY FIRST PROVIDED SERVICES. IF MORE THAN ONE CLIENT SIGNS OR RATIFIES THIS AGREEMENT, EACH AGREES TO BE LIABLE, JOINTLY AND SEVERALLY, FOR ALL OBLIGATIONS UNDER THIS AGREEMENT. CLIENT WILL RECEIVE A FULLY EXECUTED COPY OF THIS AGREEMENT.