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This is not an assignment of benefits contract.

GENERAL. This Concurrent Representation Agreement (the “Agreement”) is entered into by and between the:

(hereinafter referred to as the “Homeowner”)
(hereinafter referred to as the “Company”)

Whereas, the Homeowner has suffered damage caused by wind, hail, hurricane, mold, or any other peril for which a claim may be made under the insurance policy covering the Homeowner’s property; whereas, the Company is properly licensed and qualified to perform the necessary repairs to the Homeowner’s property; whereas, the Homeowner maintains an insurance policy intended to provide payment for such repairs; whereas the insurance contract is a third party beneficiary contract entitling the homeowners to repairs from a licensed contractor; and whereas, the Homeowner and the Company both seek a fair settlement from the insurance company believed to be responsible for covering said damages, the parties hereby jointly and concurrently hire the Firm, a Florida law firm specializing in insurance adjustments, to adjust the insurance claim related to the damage resulting from the aforementioned perils that occurred at

LEGAL FEES. This Retainer Agreement is a contingency-fee contract. The Homeowner shall owe no fees for representation in this matter except as provided herein. If this matter is settled prior to the filing of a lawsuit, the Firm shall receive any funds designated as attorney’s fees and ten percent (10%) of the gross recovery; the Company shall receive ninety percent (90%) of the recovery; and the Homeowner shall receive the necessary repairs. If a lawsuit is filed, the Firm shall receive any attorney’s fees awarded by the court and ten percent (10%) of the settlement or verdict; the Company shall receive ninety percent (90%) of the settlement or verdict funds; and the Homeowner shall receive the necessary repairs and reimbursement for any costs advanced. The Company shall advance any necessary and reasonable litigation costs at its discretion.

COSTS. The Homeowner and the Company (hereinafter referred to jointly as the “Clients”) acknowledge that the Firm is not liable or responsible for payment to any contractors, subcontractors, appraisers, mediators, umpires, or experts of any kind whom the Clients choose to employ for any reason, including for repairs, appraisals, or expert opinions related to the Homeowner’s loss. The Clients further acknowledge that any and all costs — including, without limitation, the costs of filing legal process, service of process, access to electronic legal databases, long-distance telephone calls, postage, messenger or courier fees, fax transmissions, mediator fees, court reporter fees, transcripts, expert consultation and testimony fees, and all other related costs — must be paid separately unless expressly stated otherwise in this Agreement. The Company may, at its discretion, advance necessary and reasonable costs in anticipation of recovering such costs from the insurance company at a later date. If the Company declines to advance costs, the Homeowner shall have the option to do so. Firm will never pay costs.

WAIVER OF CONFLICT. The concurrent representation of both the Homeowner and the Company (collectively referred to as the “Clients”) constitutes a potential conflict of interest. However, no actual conflict presently exists because the Clients currently share a common interest in the resolution of this matter. The Firm cannot and will not advise either Client on any issue in which an actual conflict of interest may arise between them. If a conflict, dispute, or disagreement develops between the Clients regarding their respective rights, obligations, or defenses, the Firm shall immediately cease representing both Clients in that matter. In such event, each Client will be required to obtain new counsel of their choosing. A conflict of interest may arise in several ways. For example, if the Firm receives conflicting instructions from the Clients, it would be unable to follow one Client’s direction without violating its professional obligations to the other. If such a situation cannot be resolved, the Firm may be required to withdraw from representing both Clients entirely. As a condition of this joint representation, the Clients agree to provide the Firm with unified and consistent instructions concerning settlement of insurance proceeds to prevent potential conflicts. If the Clients’ objectives later become inconsistent, the Firm will withdraw as counsel for all Clients. The Clients understand and acknowledge that communication between either Client and the Firm regarding this joint representation are not confidential as between the Clients. The Clients expressly consent to the Firm sharing information received from one Client with the other when such disclosure is ethically required or reasonably necessary to carry out the joint representation. The Clients are further advised that they may have indemnification or contribution rights against one another. The Firm cannot represent or advise either Client regarding such matters. Each Client is strongly encouraged to consult separate, independent counsel regarding any potential or future claims between them. By signing below, the Clients acknowledge that they have read and understand this disclosure, that they consent to the Firm’s concurrent representation as described above, and that they waive any potential conflict of interest arising from such representation

PAYMENT OF INSURANCE PROCEEDS. The Clients and the Firm anticipate that insurance proceeds received for the repair of property damage will be provided to the contractor(s) selected by the Clients. The Clients hereby designate the Firm as payee on all drafts or checks issued as a result of, or in connection with, this insurance claim, and direct that such payments be mailed to Trustpoint Claims Adjusting, LLC, 8535 Baymeadows Road, Suite 46, Jacksonville, Florida 32256. PROVIDING INFORMATION. The Clients must be truthful and cooperative with the Firm at all times; attend depositions as required; furnish to the Firm, upon request, any and all information or documentation relevant to the matter; keep the Firm apprised of important developments and any changes in address, telephone number, or email address; and comply with all provisions of this Agreement, including timely payment of any costs.

WITHDRAWAL OF REPRESENTATION. The Firm reserves the right to withdraw from representation of the Clients for any reason, upon providing reasonable notice to the Clients. The Homeowner may cancel this Agreement at any time prior to litigation, subject to a thirty percent (30%) cancellation fee, allocated as twenty percent (20%) to the Company and ten percent (10%) to the Firm. If the Company cancels during litigation, the Firm shall be entitled to a ten percent (10%) cancellation fee, plus any fees recoverable under the doctrine of quantum meruit. For unsettled claims, cancellation fees shall be based on eighty-five percent (85%) of the estimate prepared by the Company, or the highest offer made by the carrier, whichever is higher.

ACKNOWLEDGMENTS. The Clients acknowledge that the Firm makes no promise or guarantee concerning the outcome of this matter. Any statement made by a representative of the Firm regarding the potential outcome is an opinion based on experience and not a warranty of results. The law is not an exact science; it is subject to interpretation, argument, and the discretion of the court, and results cannot be predicted with certainty.

GOVERNING LAW. This Agreement and the rights and obligations of the parties under it shall be governed by and construed in accordance with the laws of the State of Florida, without regard to principles of conflicts of law.

SEVERABILITY. If any provision of this Agreement is determined to be invalid or unenforceable under applicable law, the remaining provisions shall continue in full force and effect. To the fullest extent permitted by law, any invalid provision shall be modified or interpreted to best accomplish the intent of the parties.

SETTLEMENT AUTHORITY. The Clients agree to work together in good faith concerning the roof replacement. The Firm is authorized to accept any offer in excess of $635.00 per square and to present for consideration any offer exceeding $615.00 per square. Offers below $615.00 per square shall be deemed insufficient and are to be rejected unless otherwise directed by the Clients. If the Homeowner has a flat roof, clay tile roof, or other non-shingled roofing system, the Clients shall mutually determine a fair settlement price and direct the Firm accordingly, with an addendum to this Agreement documenting such terms.

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STATEMENT OF CLIENT RIGHTS

1. You, the client, have the right to talk with your lawyer about the proposed fee and to bargain about the rate or percentage as in any other contract. If you do not reach an agreement with 1 lawyer, you may talk with other lawyers.

2. Any contingent fee contract must be in writing, and you have 3 business days to reconsider the contract. You may cancel the contract without any reason if you notify your lawyer in writing within 3 business days of signing the contract. If you withdraw from the contract within the first 3 business days, you do not owe the lawyer a fee although you may be responsible for the lawyer’s actual costs during that time. If your lawyer begins to represent you, your lawyer may not withdraw from the case without giving you notice, delivering necessary papers to you, and allowing you time to employ another lawyer. Often, your lawyer must obtain court approval before withdrawing from a case. If you discharge your lawyer without good cause after the 3-day period, you may have to pay a fee for work the lawyer has done.

3. Before hiring a lawyer, you, the client, have the right to know about the lawyer’s education, training, and experience. If you ask, the lawyer should tell you specifically about the lawyer’s actual experience dealing with cases similar to yours. If you ask, the lawyer should provide information about special training or knowledge and give you this information in writing if you request it.

4. You, the client, have the right to know in advance how you will need to pay the expenses and the legal fees at the end of the case. If you pay a deposit in advance for costs, you may ask reasonable questions about how the money will be or has been spent and how much of it remains unspent. Your lawyer should give a reasonable estimate about future necessary costs. If your lawyer agrees to lend or advance your money to prepare or research the case, you have the right to know periodically how much money your lawyer has spent on your behalf. You also have the right to decide, after consulting with your lawyer, how much money is to be spent to prepare a case. If you pay the expenses, you have a right to decide how much to spend. Your lawyer should also inform you whether the fee will be based on the gross amount recovered or on the amount recovered minus the costs.

5. You, the client, have the right to be told by your lawyer about possible adverse consequences if you lose the case. Those adverse consequences might include money which you might have to pay your lawyer for costs and liability you might have for attorney’s fees, costs, and expenses to the other side.

6. You, the client, have the right to receive a closing statement at the end of the case before you or the roofer are paid any money. The statement must list all of the financial details of the entire case, including the amount recovered, all expenses, and a precise statement of your lawyer’s fee.

7. You, the client, have the right to ask your lawyer at reasonable intervals how the case is progressing and to have these questions answered to the best of your lawyer’s ability.

8. If at any time you, the client, believe that your lawyer has charged an excessive or illegal fee, you have the right to report the matter to The Florida Bar, the agency that oversees the practice and behavior of all lawyers in Florida. For information on how to reach The Florida Bar, call 850-561-5600, or contact the local bar association. Any disagreement between you and your lawyer about a fee can be taken to court and you may wish to hire another lawyer to help you resolve this disagreement. Usually, fee disputes must be handled in a separate lawsuit, unless your fee contract provides for arbitration. You can request, but may not require, that a provision for arbitration (under Chapter 682, Florida Statutes, or under the fee arbitration rule of the Rules Regulating the Florida Bar) be included in your fee contract.

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