AGREEMENT FOR RECOVERY OF FUNDS
THIS AGREEMENT is made and entered this ______________ day of _____________________2021, by and between Hayes & Company, Inc., ("H&CI")
and ________________________________________________________________("Claimant"), referred to collectively as the “Parties”. Subject to the terms of this Agreement below,
Claimant hereby retains H&CI to assist Claimant in the recovery of certain funds and/or assets in which Claimant has interest which may be collectable,
yet uncollected and not pursued for recovery by Claimant.
WHEREAS the purpose of this Agreement is to set forth the terms and conditions under which H&CI will recover funds for the Claimant, and the amount
H&CI will be compensated; and
WHEREAS H&CI has located and confirmed funds from a specific entity to which the Claimant may have rights to title and interest (“Claim”)
representing an aggregate amount of approximately $______________.
WHEREAS the Claimant is desirous to retain the services of H&CI to establish and perfect the Claim on behalf of the Claimant;
NOW THEREFORE, upon the consideration of the mutual promises and covenants set forth herein below, the value of which is acknowledged, the parties agree as follows:
1. ("H&CI") To Act As Claimant's Agent. The Claimant hereby appoints ("H&CI") as his/her/its agent for the limited purpose of perfecting the Claimant's interest
in the Claim to which the Claimant may be entitled.
2. Representations. ("H&CI") represents to the Claimant, and the Claimant acknowledges, that it has located the Claim which Claimant may have a right to receive. ("H&CI") shall use its best efforts to establish the Claim for the Claimant and to have the Claim paid to the Claimant.
3. Services To Be Provided To Claimant. ("H&CI") shall provide the following services to Claimant.
a. Location of the Claim.
4. Expenses. ("H&CI") shall pay any and all expenses in locating and establishing the Claimant's rights to the Claim. The Claimant shall not be responsible to pay for, or to reimburse to ("H&CI"), any expenses relating to the services provided to the Claimant by ("H&CI").
b. Establishing the Claim and disclosing the Claim to the Claimant.
c. Perfecting the Claimant's right to the Claim.
5. ("H&CI") Fee Contingent Upon Recovery.
H&CI shall not be entitled to any compensation until the Claim is paid to the Claimant.
Upon receipt of payment, the Claimant agrees to pay H&CI for its services a sum of (10%) of the
gross claim amount received.
Further, if a different amount
other than the amount stated in this Agreement is collected by Claimant as the product of any Claim perfected by H&CI, Claimant agrees to pay H&CI the
sum of (10%) of the amount received.
6. PAYMENT OF H&CI FEE.. H&CI fee is due and payable by the Claimant to the H&CI within ten (10) days from the Claimant’s receipt of the Claim
and shall be sent to the following address.
Hayes & Company, Inc.
7. ("H&CI") Remedies For Claimant's Failure To Pay Fee. Should the Claimant fail to pay H&CI fee as provided in this agreement, then H&CI may commence a
civil action to obtain a judgment in the amount of said fee, and in addition thereto, H&CI shall be entitled to interest at the rate of 18% per annum,
its courts cost and reasonable attorney’s fees as incurred in enforcing this agreement or litigating any breach of this agreement.
P.O. Box 211
Loudon, TN 37774
8. Claimant's Duty of Cooperation: Time is of the Essence. The Claimant understands that Claimant may be called upon to provide information to,
and at the request of, H&CI necessary for completion of the claim. Such requested information, if any, will only be in relation to the claim being made to the funds
in question. No other personal or financial information will be requested of the Claimant.
9. CONFIDENTIALITY. The Parties shall maintain any information or documents provided by the Claimant or H&CI in confidence and safeguard it from any disclosure or publication except as required to recover the funds pursuant to this Agreement or in response to a valid order of a court or other governmental body of the United States or any political subdivision thereof or as otherwise required to be disclosed by law.
10. LAW AND VENUE. The parties agree that this Agreement shall be construed and enforced according to the laws of Tennessee. Any action in regard to this Agreement arising out of its terms and conditions shall be instituted and litigated in the courts of Tennessee, and in no other, and the parties submit to the jurisdiction of the courts of Tennessee. Moreover, all matters, whether sounding in contract or in tor, relating to the validity, construction, interpretation, performance and enforcement of this contract with be determined by the courts in Putnam County, Tennessee.
11. ENTIRE AGREEMENT. It is expressly agreed by the parties to this contract that the contract constitutes the entire and only contract between the parties and that any previous agreement, understanding and covenant that may have existed between the parties, of any kind, nature, or description, expressed or implied, oral or written, which has not been set forth in this contract, is of no effect and shall not be considered in the interpretation of the terms of this contract.
12. E-MAIL COPIES OF THIS AGREEMENT SHALL BE TREATED AS AN ORIGINAL.
E-mail copies of this agreement shall have the same effect, and may be treated by the parties as an original document of this agreement.