Hereby enter into the following agreement with Rennee Law Clinic LLC, a California limited liability company ("Rennee Law Clinic" or "Company") with its address at 20868 Wilbeam Ave, Castro Valley, CA 94546.
WHEREAS, Company is in the business of assisting individuals with correcting erroneous errors and other questionable or misleading data found in credit reports by challenging credit items which may be inaccurate, unverifiable, incomplete, obsolete, questionable, and/or misleading ("Services");
WHEREAS, Client desires to retain Company for the Services;
WHEREAS, Company agrees to provide the Services described herein to Client;
NOW THEREFORE, in consideration of the mutual covenants and agreements hereinafter set forth, the parties agree as follows:
SECTION 1. Rennee Law Clinic hereby agrees to perform the following Services:
A. To evaluate Client's current credit reports and scores as listed with applicable credit reporting agencies.
B. To consult Client regarding their individuals needs or concerns.
C. To audit credit reports and scores and identify inaccurate, erroneous, false, misleading, or obsolete information.
D. To advise Client as to the necessary steps to be taken on the part of Client in conjunction with Company, to dispute any inaccurate, erroneous, false, misleading, or obsolete information contained in the Client's credit reports.
E. To advise Client on repairing derogatory credit items and improving credit.
F. To draft and prepare all necessary correspondence to dispute inaccurate, erroneous, false, misleading, or obsolete information with the credit bureaus on Client's behalf.
G. To contact creditors and collection agencies to challenge and/or obtain.
H. To take preventative measures to ensure the safety and security of all sensitive information.
I. To review credit profile status from the credit reporting agencies such as: Experian, Equifax, and TransUnion.
J. To consult with Client once a month via Text, Email, or Phone Consultation.
SECTION 2. In exchange for the Services, Client agrees to pay the fees as outlined in the following fee schedule:
A. $300.00 (Family Plan) / Document processing fee due upon initiation.
B. $120.00 (Individual Plan) /for each month of Service.
Client acknowledges that Company shall issue an invoice for the fees at the end of each month for the Service. Client shall pay the invoice within ten (10) days of receipt of the invoice. If any amount payable to Company is not paid on time, Company shall be entitled to immediately cease providing Services, as well as pursue all other remedies available to Company at law or in equity.
SECTION 3. The term of this Agreement shall be up to 36 months (the "Term"). The Term is an estimation of the length of time necessary to perform the Services. However, in no way is the Term a guarantee of completion of the Services within such time. If additional time is necessary, Company shall notify Client and Client agrees to continue paying for the Services monthly.
SECTION 4. Client Acknowledges that:
A. Client is required to provide all materials requested by Company in a timely manner.
B. Client must allow company and its agents a minimum of 120 days or more to perform the Services hereunder.
C. During this Agreement, Client shall not engage with any other agency or individual for credit repair services, without prior consent of Company, as such activity will impair the effectiveness of the Services.
D. Client has read and understands the Information Statement set forth in Exhibit A.
E. Client Agrees to Rennee Law Clinic.
F. Client grants Company and its agents authority to do, take, and perform all acts whatsoever requisite, proper, necessary to be done, in the exercise of repairing Client's credit with the three credit reporting agencies and any other credit bureau or creditor listed, for all intents and purposes as Client might or could do if personally present.
G. Client shall cooperate with Company in all matters relating to the Services, respond promptly to any Company request to provide direction, information, approvals, authorizations, or decisions that are reasonably necessary for Company to perform the Services in accordance with the requirements of this Agreement, and provide such documents or information as Company may reasonably request to carry out the Services in a timely manner.
H. If Company's performance under this Agreement is prevented or delayed by any act or omission of Client, Company shall not be deemed in breach of its obligations hereunder or otherwise liable for costs, charges, or losses sustained or incurred by Client to the extent arising directly or indirectly from such prevention or delay.
SECTION 5. All internal letters created and used during the Services are solely owned by Company and are not shared or shown to the Client. Client agrees that Client is not entitled to view any such internal letters.
SECTION 6. Disclaimers.
A. Client is aware that all negative items will be disputed, any inquiry that is not associated with an open account will be disputed and it is the obligation of Client to inform Company of any items to not be disputed within 24 hours of execution of this Agreement. Company and its respective agents, employees, and/or contractors shall not be responsible for any accounts that may be closed due to the dispute process.
B. Company shall use its commercially reasonable efforts to remove all inaccurate items on Client's credit report. Company does not represent, warrant, or guarantee that any items will be removed from Client's file. In particular, Company does not represent, warrant, or guarantee that Company will be able to delete an adverse credit history. An adverse credit history can only be deleted if the credit history is inaccurate or obsolete and is not claimed to be accurate by the creditor who submitted the information. Company makes no warranty whatsoever with respect to the Services, including any (a) warranty of merchantability; or (b) warranty of fitness for a particular purpose; or (c) warranty of title; or (d) warranty against infringement of intellectual property rights of a third party; whether express or implied by law, course of dealing, course of performance, usage of trade, or otherwise. Company does not warrant, guarantee, or make any representations regarding the results obtained.
C. To complete the full process of credit repair, when Client receives information in the mail from Equifax, Experian, and TransUnion, or any other credit bureau, it is imperative that Client contacts Company's repair team immediately. The information received from the Credit Bureaus will help Company continue the dispute process. Failure to contact Company promptly will result in delay or non-completion of Client's credit repair. Company and its respective agents, employees, and/or contractors shall not be responsible for any accounts that get closed throughout the dispute process. It is the Client's obligation not to apply for new credit while Company is in the process of disputing negative remarks on Client's account and resolving disputed items on Client's credit report. Applying for new credit will negate the progress that Company has made. Company will not dispute new negative items that appear after this Agreement is signed.
SECTION 7. Notwithstanding the Client's rights under the Credit Repair Organization Act, Client hereby releases Company and its respective agents from any and all matters or actions, causes of action, suits, proceedings, debts, dues, contracts, judgments, damages, claims, and demands whatsoever in law or equity, for or by reason of any matter, cause, or claim whatsoever arising from or in connection with this Agreement. IN NO EVENT WILL COMPANY BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF GOODWILL, BUSINESS INTERRUPTION, LOSS OF BUSINESS OPPORTUNITY, OR ANY OTHER PECUNIARY LOSS) SUFFERED RELATED TO COMPANY'S OBLIGATIONS HEREUNDER OR FROM ANY OTHER CAUSE WHATSOEVER, WHETHER BASED UPON CONTRACT, TORT, NEGLIGENCE, WARRANTY, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE CUMULATIVE LIABILITY OF COMPANY TO CLIENT FOR ANY REASON UPON ANY CAUSE OF ACTION EXCEED THE AMOUNT ACTUALLY PAID TO COMPANY UNDER THIS AGREEMENT BY CLIENT. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE INCLUDING, WITHOUT LIMITATION, TO BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND OTHER TORTS.
SECTION 8. Neither party shall make any oral or written statement about the other party, its owners, officers, employees, agents, contractors, and/or affiliates, which is intended or reasonably likely to disparage the other party, or otherwise degrade the other party's reputation.
SECTION 9. The relationship between the parties is that of independent contractors. Nothing contained herein shall be construed as creating any agency, partnership, joint venture, or other form of joint enterprise, employment, or fiduciary relationship between the parties, and neither party shall have the authority for or bind the other party except as expressly provided in this Agreement.
SECTION 10. This Agreement is deemed to have been made and entered into exclusively in the State of California. This Agreement and its enforcement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. All disputes with respect to the interpretation of this Agreement or with respect to an alleged breach of any representation, warranty, covenant, or agreement under this Agreement shall be resolved by arbitration. Any such arbitration proceeding shall be governed by the rules of the American Arbitration Association (the "AAA"). There shall be one arbitrator who shall be selected by the AAA from its list of qualified arbitrators and who shall have no actual or potential conflict in deciding or hearing the dispute. The parties shall agree in advance as to the manner in which the arbitrator shall promptly hear witnesses and arguments, review documents, and otherwise conduct the arbitration proceedings. All parties shall receive notice of the subject of the arbitration, and the arbitration proceedings. All parties shall receive notice of the subject of the arbitration, and the arbitration shall not be binding on any party with respect to any matters not specified in such notice. Should the parties fail to reach an agreement as to the conduct of such proceedings, the arbitrators shall formulate its own procedural rules and promptly commence the arbitration proceedings. The arbitration proceedings shall be concluded as expeditiously as possible with due consideration for the complexity of the dispute in question. The arbitrator shall issue its decision in writing within thirty (30) days from the hearing of final arguments by the parties. The arbitration award (which shall not include punitive damages) shall be given in writing and shall be final and binding on the parties with respect to the subject matter identified in the notice called for above and not subject to any appeal and shall deal with the question of costs of arbitration. Judgment upon the award may be entered in any court having jurisdiction or application may be made to such court for a judicial recognition of the award or an order of enforcement thereof, as the case may be. Any award or order provided by the arbitrator shall provide the prevailing party recovery of reasonable attorney's fees and costs. The arbitrator shall decide which party is the prevailing party. THE PARTIES ACKNOWLEDGE THAT IN THE EVENT OF A DISPUTE THE PARTIES WAIVE THEIR RIGHT TO TRIAL BY JURY.
SECTION 11. This Agreement constitutes the entire agreement of the Parties and supersedes all prior and contemporaneous agreements, proposals, negotiations, conversations, or discussions between the parties. This Agreement may only be amended or modified in writing and signed by both parties.
SECTION 12. No term or condition of this Agreement shall be deemed to have been waived except by written instrument of the party charged, and each waiver shall operate only as to the specific term or condition waived.
SECTION 13. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto. This Agreement shall inure to the benefit of each of the parties and their respective successors and assigns.
SECTION 14. Neither party may assign or delegate its rights or obligations under this Agreement without the prior written consent of the other party.
SECTION 15. The termination of this Agreement shall not affect any accrued rights or liabilities of either party or affect the coming into force or the continuance in force of any provision which is expressly or by implication intended to come into or continue in force on or after termination.
SECTION 16. If any provision is held to be invalid or unenforceable by a court of competent jurisdiction, this shall not affect other provisions of this Agreement and the provisions held to be invalid or unenforceable shall be deemed amended as to render them enforceable as nearly as possible to the original intentions of the Parties. The Parties each acknowledge that this Agreement was fully negotiated by the Parties and, therefore, no provision of this Agreement shall be interpreted against any party because such party or its legal representative drafted such provision. Each party to this Agreement had the opportunity to consult with legal counsel regarding the rights and obligations under this Agreement and has thoroughly reviewed the Agreement.
SECTION 17. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original but all of which together will constitute one and the same instrument. When submitting documents online, the Client agrees that his or her digital signature is equivalent to a handwritten signature.
SECTION 18. Client may cancel this Agreement, without any penalty or obligation, within five days from the date this Agreement is signed. If Client cancels, any payment made by Client under this Agreement will be returned within ten days following Company's receipt of Client's Notice of Cancellation. To cancel this Agreement, mail or deliver a signed, dated copy of the cancellation notice set forth on Exhibit B attached hereto to Company no later than midnight on the fifth day after the execution of this Agreement.
