Business & Tax Structures and Fortune Club Enrollment Contract

Client, whose name is signed on this page (“client) and The Fortune Law Firm (“Company”) agree that the Client will pay the amount specified on the enrollment form, and the Company will provide the services listed on the enrollment form.

Terms and Conditions

General Terms

Client agrees to pay the sum on the first page of this Enrollment Form. Company agrees to provide the services listed on the first page of this Enrollment Form.

One year is the minimum term for enrollment. After the initial 12 months of membership for the Fortune Club has passed, $250/month ($100/month for certain subscribers) will automatically be renewed and $250 (or $100) collected from Client until Client terminates the subscription. This contract renewal will be subject to the same terms and conditions as contained herein. To terminate the Fortune Club subscription after the first year, Client may either request termination via email to zach@fortune.law. Termination requests must be received at least 15 days before the processing date of the next payment to guarantee the next payment will not be processed.

Company uses SMS (text message) and emails for communication. Client agrees to receive text messages at the phone number provided and email communications at the email address provided. The Fortune Law Firm cannot provide the services it promised if Client does not or cannot receive text messages and email communications. The use of these methods of communication is a condition precedent to Company providing contracted-for services.

Client understands that ALL SALES ARE FINAL.

Non-Disparagement.

Neither party shall make any publication of a disparaging nature about the other whether in print, audio, visual, electronic, or any other medium. The Parties agree that such publication, whether substantiated or not will have severe and negative consequences that monetary damages alone cannot remedy. Therefore, the Parties agree that a civil injunction may be petitioned for and granted without notification to the other party. The petitioning party may request the Court issue an Order ordering the offending party to retract the disparaging publication in the same manner and to the same audience as the offending publication within 72 hours of service of the Court’s order and to further enjoin the offending party from making any further disparaging publication.

Liquidated Damages.

The Parties understand and agree that it would be detrimental to Company’s business for the non-disparagement or clause to be breached. The Parties also agree that it is difficult to calculate the scope of losses that would occur via dissemination of disparaging statements and Trade Secrets. Such losses could include loss of sales revenue and loss of competitive edge and reputation. Because damages are difficult to calculate, and because a single statement can have an immeasurable effect on someone’s reputation, and because the value of one sale for Company is typically about $9,400 for the first year, the Parties agree ahead of time that a negative oral statement about Company causes $9,400 in compensable damages for every person to whom the statement is made. The Parties further agree that a negative written statement about Company is $9,400 when the statement is made and $9,400 for every week that the statement is not withdrawn (e.g., it remains public, like a statement made online).

Best Efforts.

The Parties covenant and agree that, at all times during the Term of this Agreement they shall use their best efforts to fulfill the Purposes of this Agreement.

Arbitration.

In the event there is a dispute about this agreement (with the exception of the non-disparagement clause for which an injunction is sought), the PARTIES AGREE TO WAIVE THEIR RIGHT TO BRING A LAWSUIT IN DISTRICT COURT, WHICH INCLUDES A WAIVER OF THEIR RIGHT TO A JURY TRIAL, and opt for binding arbitration instead. The arbitration will either be conducted before an arbitrator that the parties agree on and subject to rules set forth by the agreed-upon arbitrator, or if they cannot agree, they will submit their complaint to the American Arbitration Association and abide by the rules of the AAA. The arbitrator’s decision will be final and unappealable. The prevailing party shall be entitled to costs, but not attorney’s fees, associated with the action. The arbitration will occur in Clark County, Nevada, and this contract is subject to and should be interpreted consistent with the laws of Nevada. To enforce the non-disparagement clauses where an injunction is sought, the Clark County District Court has exclusive jurisdiction and Nevada law will exclusively apply.

Obligation.

Failure to use or failure to take advantage of the product/services offered and outlined in this agreement does not relieve the Client of the obligation to pay any up-front, annual, or monthly contracted payments through the course of the contracted service term.

Charge Dispute Penalties and Liquidated Damages Related to Charge Disputes.

Company’s relationship with merchant processors is an important part of Company’s ability to do business. At any given time, Company has hundreds of clients or more making monthly payments on a subscription. If Company’s relationship with merchant processor is compromised, and merchant processor either places a hold on collected funds or terminates its relationship with Company, Company could lose tens of thousands of dollars in revenue. Client therefore agrees that it will not dispute the contracted charges with the financial institute collecting and making the payment(s) on behalf of the Client (e.g., credit card companies, banks, etc.) If Client believes there has been a mistake or erroneous charge, it will contact Company at zach@thefortunelawfirm.com to notify Company of the potential mistake or erroneous charge. Under no circumstances will Company dispute the transaction that comprises the payment for services contracted for in this agreement. Client agrees that a charge for the amount on the first page of this Agreement, as well as the $250/mo. for the Fortune Club enrollment, is a valid charge that they authorize by signing this Agreement. If Client breaches this portion of the agreement by filing a dispute, it agrees that Company may charge its credit card, without the need for an arbitrator’s or judge’s order, in the amount of two times the original contract amount FOR EACH DISPUTE FILED. (Once to recover the monies withdrawn due to the dispute and a second time to compensate Company for losses associated with the negative effects a credit card dispute has on Company’s ability to do business). If Company wins the dispute, and the contract price is returned to Company, and Company has already collected twice the original contract amount in accordance with this provision, it will refund Client the amount returned to Company. The compensable damages outlined in this paragraph are not designed to punish but to compensate Company for real, but hard-to-calculated losses.

Discrete Enforcement.

If any party of this Agreement is held to be unenforceable, neither the validity nor enforceability of the remainder of this Agreement shall be affected.