THIS AGREEMENT (the "Agreement") is entered into on {date} by and between {companyLegal} and its affiliates, located at {streetMailingbilling}, {city}, {state118} {zip30} (“Client"), and Class Action Refund, LLC (“CAR”), located at 7901 4th Street N, Suite 13892, Saint Petersburg, FL 33702. Client and CAR are individually referred to as a “party” and collectively as the “parties”. Client and CAR agree as follows with respect to any and all settlement(s) reached in an antitrust class actions entitled ICAPP, Inc. v. Discover Financial Services, Case No.1:23-cv-04676; Lemmo•s Pizzeria, LLC v. Discover Financial Services, Case No.1:23-cv-14250; and Support Animal Holdings, LLC v. Discover Financial Services, Case No. 1:23-cv-15297, pending in the U.S. District Court for the Northern District of Illinois (the "Settlement").
Duties: CAR agrees to make all reasonable efforts to file complete and accurate claims, and to secure payment of the claims on behalf of the Client. The Client has been informed of its right to file claims on its own behalf, but has decided to hire CAR to file any and all claims for Settlement.
Permission to Obtain Records: The Client hereby authorizes CAR to request, gather and/or copy all necessary documentation to complete all claims.
Compensation, Distribution & Payment: In consideration of the performance of the duties set forth above, the Client agrees to pay CAR a contingency fee of thirty-three percent (33%) of all proceeds received as payment for each and every claim filed pursuant to and arising from any Settlement(s) reached in the above referenced litigation. The Client agrees that any and all proceeds shall be paid directly to CAR by the claims administrator. CAR will deposit said proceeds into its bank account, and disburse to the Client its recovery less CAR’s compensation.
CAR Is Not Claimant’s Attorney and Is Not Practicing Law: The parties understand and agree that with respect to CAR’s duties and authority: (a) CAR is not providing the Client with legal representation; (b) CAR is not professing to possess specialized legal skills necessary to complete any forms to obtain settlement; and (c) CAR will only investigate, collect, and submit documentation concerning the Client’s claims for Settlement.
Construction, Jurisdiction, Disputes: This Agreement shall be construed in accordance with the laws of the State of Florida as an agreement executed and to be performed entirely therein without references to principles of conflict of law. The parties agree hereby to submit any disputes hereunder to the jurisdiction of the courts of Florida. In the event of any dispute between the parties to this Agreement, CAR shall be entitled to recover from the Client its attorney’s fees, paralegal fees, investigative fees, and costs, through all appeals, bankruptcy procedures and collection efforts.
Confidentiality: Client information which is provided by the Client, or is obtained by CAR through the Client pursuant to this Agreement, is the confidential and proprietary information of the Client. CAR will use such information solely for the purpose of filing claims on behalf of the Client in this and all related class action settlements. Following the completion of the claims process and payment for services rendered, CAR will destroy any and all information about the Client except for one archival copy that it may keep for its records.
Counterparts: This Agreement may be executed in counterparts, each of which will be deemed an original and all of which together will constitute one instrument. Delivery of an executed counterpart of a signature page of this Agreement by facsimile, email, or PDF will be effective as delivery of a manually executed counterpart of this Agreement.
Succession, Multiple Entities and Locations (If Applicable): This Agreement covers Claimant and all of Claimant’s subsidiaries, affiliates, and related entities and locations, described in Schedule A, attached hereto and made a part thereof. Schedule A is not intended to reflect a full and complete list of all of Claimant’s subsidiaries, affiliates and/or related entities; the entities bound by this Agreement include, but are not limited to those listed therein, its successors and assigns, whether so expressed or not. The rights and obligations of the parties to this agreement will be binding on, and will be of benefit to, each of the parties’ successors and assigns.
The parties hereto have read, acknowledge, accept and agree to the terms & conditions of this Agreement. By signing this document you are attesting to the fact that you have the authority to enter into this Agreement.