Consultation & Fee Agreement

1. Appointment of Company; Release of Information: Upon signing of this agreement, Client appoints and authorizes Company to access and review Client’s personal and business credit reports, banking information, employment history and any other information that may be necessary to qualify for a loan. Company is NOT a direct lender, nor does Company guaranty any loan offerings provided by any 3rd party investor / lender, nor does it guaranty a specific outcome of any loan submission. Client authorizes Company to identify investors and / or lenders and to submit multiple applications with several different investors / lenders on Client behalf. Client may be required and hereby agrees to complete and submit applications to investors via digital submission, internet, email, fax, traditional mail, or presented in-person via paper applications. Some investors / lenders do not allow for Company to complete a loan application on behalf of client, in such case, Client agrees to complete and submit their own application per lender guidelines. Client may be required to apply in-person and hereby agrees to do so, or via telephone with the investor(s) that company introduces to client. Client authorizes Company and its agents to share your personal and business credit with potential investors / lenders, as well as personal and business loan related information and documentation.
2. Terms & Non-Compete: This Agreement shall be in effect for one year, or until the last credit application submitted has been concluded (approved or denied), whichever is greater. Client agrees that he / she may not apply with any funding sources introduced by company for a period not less than 1 year from the date of this contract. Client agrees not to apply with other investors or financial institutions, or allow for any entity to access their personal credit, for any reason, for a period of 45 days of the signing of this contract. Any 3rd party loan(s) that fund as a result of an application submitted during the period listed herein Client agrees to pay Company its full compensation as if the loan was originated by company itself. If Company finds that its funding capacity was damaged as a result of an outside loan application / funding or loan decline, Client agrees to pay company an administrative fee of $395. See Section #11.
3. Indemnification: Client affirms that all information provided to the Company or lending institutions will be truthful, accurate, and complete. Client agrees that failure to do so may be unlawful; Client agrees to release, indemnify, and hold Company harmless and its principals, employees and or representatives of any and all liability including any costs or expenses incurred by Company as a result of inaccurate information provided by the Client. Client expressly authorizes Company to act as Client’s agent during the term of this Agreement.
4. Client Cooperation: Client agrees to make itself available to the Company during the terms of this Agreement; Client agrees to cooperate in signing loan applications and participating in telephone calls needed to facilitate loan approvals. Client agrees to notify Company of each loan approval or denial within Three (3) business days of receipt.
5. Consultation Fee: Client agrees to pay Company a Broker Fee in an amount of: 2% or $295 (whichever is greater) for any and all loans and / or lines of credit that are “funded*” (*when funds are made available to Client by funding source). Company’s Broker Fee is due in addition to any points or fees charged by investor(s), additional broker(s), affiliates, or other 3rd party fees. Client agrees that the total Broker Fee is owed and shall be paid by Client within five (5) days after the funding date of each loan, credit advance or line of credit “funding date” (date in which loan(s) and / or credit proceeds are released by investor). It is the Client’s sole responsibility to inform Company of each lender’s approval or denial decision by providing Company with a copy of an approval or denial letter from each lender. If Client does not provide Company with an approval or denial letter from the lender within thirty (30) days of each credit applications submission date (as evidenced by the e-mail or fax sent to Client disclosing the lender’s name, contact information and instructing Client what to do), Company will consider the application was approved and funded for the full requested amount, and the Broker Fee on such credit application will be due and considered fully earned and non-refundable.
6. No Warranties or Guarantees: Client agrees that Company has not extended a warranty of guarantee that client will obtain a loan approval, or an approval specifying particular terms. Consulting fee will be due in any case that the amount funded is lower than the amount requested by Client.
7. Guarantee of Client: The Client hereby unconditionally guarantees to the Company the full and punctual payment of the Consulting Fee as per the terms indicated herein. The Client offers this Guarantee as an individual, as well as manager / owner of any business or organization identified herein.
8. In The Event of Default: The Client understands and agrees that in the event of default of payment of Company’s Broker Fee or any other application or credit related fees, Company will report unpaid and delinquent debts to personal and business credit bureaus directly, or through third party debt collection entities. Client understands that delinquent debts reported to the credit bureaus(s) may harm the Clients personal and / or business credit profile, as well as their ability to obtain future financing, or the terms thereof.
9. General: This Agreement and its attachments contain the entire Agreement between the parties; Client herein expressly submits to the sole and exclusive jurisdiction of California, County of Riverside for any dispute settlement matters. In the event of litigation or arbitration, Client agrees to pay his / her own related costs. In the event Client is held at fault, Client equally agrees to compensate Company for any and all incurred costs. The Parties agree to keep confidential the names of any contacts introduced or revealed to the other party, and that their firm, company, associates, corporations, joint ventures, partnerships, divisions, subsidiaries, employees, agents, heirs, assigns, designees, or consultants will not contact, deal with, negotiate or participate in any transactions with any of the contacts without first entering a written agreement with the Party who provided such contact unless that Party gives prior written permission. Such confidentiality will include any names, addresses, telephone, telex, facsimile numbers, and/or other pertinent information disclosed or revealed to either Party.
10. Non-Circumvention Agreement: The Client agrees not to circumvent Company under any circumstance. Client may NOT make any attempt to circumvent, avoid or circumnavigate, or to create a direct, indirect or 3rd party relationship with a prospective funding source presented to Client by Company. Client agrees not to directly or indirectly contact any lending / funding sources revealed to Client by Company, unless Company authorizes otherwise in writing. Client may not make use of any information during discussion or observation regarding methods, concepts, ideas, product/services, or proposed new products or services, nor to do business with any of the revealed contacts without the written consent of Company, and will be bound by the terms and conditions of this contract, unless both parties agree to other terms which must be in writing, and signed by all involved parties. In the case of circumvention, the Client agrees and guarantees that he / she / they will pay a legal monetary penalty that is equal to the commission or fee the circumvented Party should have realized in such transactions, by each of the person(s) engaged in the circumvention for each occurrence, plus an additional $995 breach of contract fee. If either party commences legal proceedings to interpret or enforce the terms of THIS AGREEMENT, the prevailing Party will be entitled to recover court costs and reasonable attorney fees. Upon execution of THIS AGREEMENT by signature below, the Parties agree that any individual, firm company, associates, corporations, joint ventures, partnerships, divisions, subsidiaries, employees, agents, heirs, assigns, designees or consultants of which the signee is an agent, officer, heir, successor, assign or designee is bound by the terms of THIS AGREEMENT.

By my filling out the form below which is the equivelent to an online signature, I (Client), confirm I have full authority to execute this Agreement and to obligate all companies, firms, Corporations, Partnerships, Organizations, Individuals, and or entities referenced herein, and certify information supplied to Company is truthful, accurate and complete. Client(s) signature(s) to this agreement hereby binds the aforementioned relationship between Client(s) & Company. Client(s) signature also accepts the consultation agreement “as is” and understands that no amendments, revisions or alterations to this instrument will be accepted.