Thank you for requesting Dana Ball Law Office PC, d/b/a Dana Ball Legal Services to assist you with legal documents and advice related to your business. This “Agreement” represents the terms of our engagement.
You have agreed to be bound by the terms of this Agreement by checking the box labeled “I’ve read and agree to the Representation Agreement,” on the webpage https://danaballLaw.com/checkout (part of the Website defined below) and then clicking or otherwise pressing the “Place Order” button on that webpage OR by scheduling a complimentary or a paid consultation. This Agreement is effective as of the date the online order is submitted or the date you order a consultation to be scheduled (“Effective Date“).
Identification of Client: The individual placing this order is the “Client.” If a business is identified, then the business is the Client. If you are forming a new entity and you hire us to do additional work for the entity once it is formed, then the new entity is the Client. Please note that if you are ordering a Single Member LLC, then you understand that you must be the individual who will be listed as the “owner” of the LLC. We will only communicate and form an LLC for the individual who will be listed as the owner of the LLC. If after placing the order, we discover that you are not going to be listed as the owner, then we will refund your purchase and terminate the order.
Services to be Provided: We have been engaged to provide on your behalf the “Services” you have ordered from us through the website, located at https://danaballlaw.com/ordertoday (the “Website”) OR you have scheduled a consultation.
Website Orders: The scope of work for the Services that we will perform is described in the service description for each Service that you order (“Scope of Work”) on the individual product page of the Website for each Service. The bullet point description of a Service that may be found on another page of the Website is for general informational purposes only and is not part of the Scope of Work for that Service.
Consultation Services: This Agreement applies whether you have scheduled a complimentary or a paid consultation.
Fixed Fee: By ordering any Services, you agree to pay the fixed fee for the Services as described on the Website (“Fees“). We will not perform any work until the Fees are paid in full. The Fees for Services are fully earned by us and belong to us upon substantial completion of the work.
Additional Services: Our engagement may be expanded to other Services if we both separately agree in writing to do so. We will send you a separate Engagement Letter to sign electronically with a description of the other Services per our flat-fee pricing terms.
Payment Requirements: For online orders, you can securely pay through the payment gateway by Visa, Mastercard, Discover, American Express, or E-check.
Conflicts: You understand that we provide legal support and consultation to a myriad of small businesses in the state of Utah related to their business practices, for example, but not limited to, (i) advice and consultation on general business practices, (ii) contracts, (iii) forming legal entities, (iv) business partnerships, (v) business purchases, (vi) employee obligations, etc. (“legal assistance”). You agree that we may provide such legal assistance to other small businesses that is not substantially related to our work for you or any of your affiliates, even if such legal assistance is directly adverse to your business. Additionally, you agree that we may provide such legal assistance to other businesses you are affiliated with and to any current or potential business partners. Thus, notwithstanding this potential conflict of interest, you agree and confirm that:
- you are aware of the considerations and risks involved with our representation,
- you will consult with independent counsel regarding any concerns about such representation,
- you have disclosed all known or potential conflicts, and
- you consent and waive any potential conflict of interest.
Although your interests with others may be the same initially, it is not uncommon for circumstances to change and cause a divergence of interests between you and others that we may be providing such legal assistance such as but not limited to, current or potential business partners. We ask you to resolve your differences among yourselves, without our assistance. If you cannot resolve your differences, our ethical obligations may require us to withdraw from the Services completely. We will notify you if we discover a potential conflict of interest that requires you to sign a specific waiver of conflict.
Utah Law: You acknowledge that as of the Effective Date, we only provide Services that involve the application of Utah law.
Client Files: We may store some or all your Client Files on a variety of platforms, including third-party cloud-based servers. Although we take every precaution to make sure the data and these servers are encrypted and secure, there still is a risk that your confidential or privileged information may be disclosed. You consent to the use of such storage services for your Client Files.
Communication: We communicate with clients through personal interviews, telephone calls, video calls, Email, text messages, and sometimes letters. To provide you with the best service possible, we record our telephone and video calls (“Recordings”). These Recordings help us track specific requests and needs from the Client. All such communication data will be kept confidential. You acknowledge, authorize and consent to such Recordings.
Email: Electronic mail (“Email”) is not to be considered a secure means of communication, but due to convenience and timeliness, we use Email as the primary means of written communication with clients. The data shared via email is encrypted and secured using industry-standard 128-bit SSL encryption. If you feel that communication regarding your business matters is too sensitive to be sent via Email, please let us know immediately and we will only communicate by using a secure portal. Otherwise, you consent to sharing your data by Email.
Primary Point of Contact: Our primary point of contact regarding this matter will be the person or persons acknowledging this Agreement. However, if there is more than one person involved with this representation, then you agree to assign a single point of contact to coordinate communication about our engagement.
Newsletter: You consent to receive delivery of electronic newsletters and other communications from us or from an entity affiliated by ownership with us. We will never share your Email address with any unaffiliated third party. You may opt-out of our newsletter mailing list at any time by using the “unsubscribe” link at the bottom of any newsletter email.
No Guarantees: You acknowledge that we have made no promises, representations or guarantees to you, and our opinions relative to the Services are limited only to opinions based upon our experience and judgment. We have no continuing obligation to advise you with respect to future legal developments.
No Litigation: You understand that we do not handle any litigation matters. If you have legal issues that require litigation, then we can assist you in finding an attorney to handle the litigation matter.
No Tax Advice: We do not offer tax advice and any tax guidance you require is beyond the scope of this Agreement. We specifically disclaim any representations or advice, express or implied, including without limitation, any representations or advice with respect to your taxes, including personal and business taxes. You agree to consult with your tax advisor to make certain that you fully understand the tax ramifications of any decision made regarding this representation, the terms included in any documents we prepare for you, selling and purchasing ownership of a business, and any legal entities we set up for you.
Authority to Sign. Each person placing this online order under this Agreement represents and warrants that he or she is duly authorized and has the legal capacity to execute and deliver this Agreement.
Verification. If it’s not clear who the Primary Point of Contact is and/or if a conflict of interest is discovered, you understand that we will send you additional documentation to sign electronically for such verification and consent.
Effective Date. This Engagement will not take effect, and we will have no obligation to provide any legal assistance or any Services, until you pay the Fees. The Effective Date will be retroactive to the date we first perform the Services.
Please Read This Carefully. This Engagement is a formal legal contract for legal services. It protects both you and us, it is intended to prevent misunderstandings. DO NOT SIGN THIS ENGAGEMENT UNTIL YOU HAVE READ IT THOROUGHLY AND YOU ARE SURE YOU UNDERSTAND ITS TERMS. If you do not understand it or if it does not contain all the agreements we discussed, please let us know right away! You have an absolute right to discuss this Engagement with independent counsel (or any other advisor) and we encourage you to do so
We appreciate the opportunity to assist you in this matter. If you have questions, please feel free to contact us!
"I have been working with Dana and her team for a little over a year now and our experience has been top notch. She was rigorous in helping our Business, Seven Brothers Burgers, create a refined organization and structure in which we could operate effectively. I highly recommend Dana and her team to anyone looking for legal expertise."