VESTA COVER LIMITED(TRADING AS DECLINE)
237 KILKENNY DRIVE
EAST TAMAKI HEIGHTSAUCKLAND 2016
(DATE)CONTINGENCY FEE AGREEMENTDECLINE (“Adviser”), and CLIENT NAME (“Client”) hereby
agree that Adviser will provide services to Client on the terms set forth below.
1. CONDITIONS. This Agreement will not take effect, and Adviser will have noobligation to provide services, until Client returns a signed copy of this Agreement.
2. SCOPE OF SERVICES. Client is hiring Adviser to assist Client in thematter of Client’s claims against INSURER NAME, and possibly others as future
investigation may indicate, arising out of the decline by INSURER NAME of a
COVER TYPE insurance claim made to INSURED NAME which occurred on orabout DATE OF CLAIM.
Adviser will assist Client until a settlement or judgment, by way of arbitration or trial,
is reached. After settlement or judgment, Adviser will not assist Client on any appeal,
or in any proceeding to execute on the settlement or judgment, unless Client andAdviser agree that Adviser will provide such services and also agree upon additionalfees, if any, to be paid to Adviser for such services. Services in any matter notdescribed above will require a separate written agreement.
3. RESPONSIBILITIES OF THE PARTIES. Adviser will provide those services
reasonably required to assist Client in successful resolution of the claim described inParagraph 2 and will take reasonable steps to keep Client informed of progress anddevelopments, and to respond promptly to inquiries and communications. Clientagrees to be truthful with Adviser, to cooperate, to keep Adviser informed of any
information and developments which may come to Client’s attention, to abide by thisAgreement, to pay Adviser’s bills for costs on time, and to keep Adviser advised ofClient’s address, cell phone number and whereabouts. Client agrees to appear at allproceedings when Adviser deems it necessary, and generally to cooperate
fully with Adviser in all matters related to the preparation and presentation of Client’sclaims.
4. FEES. Adviser will only be compensated for services rendered if a recovery isobtained for Client. If no recovery is obtained, Client will be obligated to pay onlyfor costs, disbursements and expenses, as described in Paragraph 6.
The fee to be paid to Adviser will be a percentage of the “net recovery,” dependingon the stage at which the settlement or judgment is reached. The term “net recovery”
1|Pagemeans: (1) the total of all amounts received by settlement, arbitration award orjudgment, excluding any award of Advisers fees, (2) minus all costs anddisbursements set forth in Paragraph 6. [Net recovery will not include the reasonablevalue of any non-monetary proceeds.]
Adviser’s fee shall be calculated as follows:
(i)
(ii)
(iii)
(iv)
(v)

If the matter is resolved before TWO WEEKS FROM DATE OF SIGNING,
then Adviser’s fee will be five percent (5%) of the net recovery;
If the matter is resolved before TWO MONTHS FROM DATE OF SIGNING,
then Adviser’s fee will be seven percent (7%) of the net recovery;
If the matter is resolved before THREE MONTHS FROM DATE OF SIGNING,
then Adviser’s fee will be ten percent (10%) of the net recovery; andIf the matter is resolved before FOUR MONTHS FROM DATE OF SIGNING,
then Adviser’s fee will be fifteen percent (15%) of the net recovery; andIf the matter is resolved after the date set forth in (iv), above, thenAdviser’s fee will be twenty percent (20%) of the net recovery.

In the event of Adviser’s discharge or withdrawal as provided in Paragraph 9, Client
agrees that, upon payment of the settlement, arbitration award or judgment inClient’s favour in this matter, Adviser shall be entitled to be paid by Client a
reasonable fee for the services provided. Such fee shall be determined byconsidering the following factors:
(1)
(2)
(3)
(4)
(5)
(6)
(7)

The actual number of hours expended by Adviser in performing services forClient;
Adviser’s hourly rates;
The extent to which Adviser’s services have contributed to the result obtained;
The amount of the fee in proportion to the value of the services performed;
The amount of recovery obtained;
Time limitations imposed on Adviser by Client or by the circumstances; andThe experience, reputation and ability of personnel performing theservices.

5. NEGOTIABILITY OF FEES. The rates set forth above are not set by law, but
are negotiable between an Adviser and client.
6. COSTS AND LITIGATION EXPENSES. Adviser may incur various costs andexpenses in performing services under this Agreement. Client agrees to pay for all
costs, disbursements and expenses paid or owed by Client in connection with thismatter, or which have been advanced by Adviser on Client’s behalf and which havenot been previously paid or reimbursed to Adviser. Costs, disbursements, andlitigation expenses commonly include court fees, service of process charges, notary
fees, expert witness, professional mediator and/or arbitrator fees. All costs andexpenses will be charged at Adviser’s cost.
Client authorises Adviser to incur all reasonable costs.
Adviser shall obtain Client’s consent before incurring any costs in excess of$50.
2|PageAdviser shall obtain Client’s consent before retaining outside investigators,
consultants, or expert witnesses.
If an award of fees and/or costs is sought on Client’s behalf in this action, Client
understands that the amount which the court may order as fees and/or costs is theamount the court believes the party is entitled to recover, and does not determine
what fees and/or costs Adviser is entitled to charge Client or that only the fees and/orcosts which were allowed were reasonable. Client agrees that, whether or not
Advisers’ fees or costs are awarded by the court in Client’s case, Client will remain
responsible for the payment, in full, of all Advisers’ fees and costs in accordance withthis Agreement.
Additionally, Client understands that if Client’s case proceeds to court action orarbitration, Client may be required to pay fees and/or costs to other parties in theaction. Any such award will be entirely the responsibility of Client.
7. APPROVAL NECESSARY FOR SETTLEMENT. Adviser will not make any
settlement or compromise of any nature of any of Client’s claims without Client’s
prior approval. Client retains the absolute right to accept or reject any settlement.
Client agrees to consider seriously any settlement offer Adviser recommends before
making a decision to accept or reject such offer. Client agrees not to make any
settlement or compromise of any nature of any of Client’s claims without prior noticeto Adviser.
8. LIMITATION OF ASSISTANCE. Adviser is assisting Client only
on the matter described in Paragraph 2. Adviser’s assistance does not include
independent or related matters that may arise, including, among other things, claims
for property damage, workers’ compensation, or claims for reimbursement(subrogation) by any insurance company for benefits paid under an insurance policy.
This Agreement also does not include assisting Client against or representing Clientin any claims that may be asserted against Client as a cross-claim or counter-claimin Client’s case. This Agreement does not apply to any other matters. If any suchmatters arise later, Adviser and Client will either negotiate a separate agreement if
Client and Adviser agree that Adviser will perform such additional work or Client will
engage counsel with respect to the cross-claim or counter-claim or additional legal
work.
9. DISCHARGE AND WITHDRAWAL. Client may discharge Adviser at anytime, upon written notice to Adviser. Adviser may withdraw from assisting Client
upon reasonable notice to Client. Adviser’s withdrawal could occur because of
Client’s breach of this contract, Client’s refusal to cooperate with Adviser or to follow
Adviser’s advice on a material matter, or any other fact or circumstance that would
render Adviser’s continuing assistance unlawful, unethical or unlikely to succeed.
Notwithstanding Adviser’s withdrawal or Client’s notice of discharge, and without
regard to the reasons for the withdrawal or discharge, Client will remain obligated topay Adviser for all costs incurred prior to the termination and, in the event that there
is any net recovery obtained by Client after conclusion of Adviser’s services, Client3|Pageremains obligated to pay Adviser for the reasonable value of all services renderedfrom the effective date of this Agreement to the date of discharge.
10. CONCLUSION OF SERVICES. When Adviser’s services conclude, all unpaidcharges will immediately become due and payable. After Adviser’s services
conclude, upon request, Client’s file and property will be delivered to Client, orClient’s other Adviser, whether or not Client has paid any fees and/or costs owed toAdviser.
11. LIEN. Client hereby grants Adviser a lien on any and all claims or causes ofaction that are the subject of Adviser’s assistance under this Agreement. Adviser’slien will be for any sums owing to Adviser for any unpaid costs, or Advisers' fees, atthe conclusion of Adviser’s services. The lien will attach to any recovery Client may
obtain, whether by arbitration award, judgment, settlement or otherwise. The effect ofsuch a lien is that Adviser may be able to compel payment of fees and costs fromany such funds recovered on behalf of Client even if Adviser has been discharged
before the end of the case. Because a lien may affect Client’s property rights, Client
may seek the advice of an independent lawyer of Client’s own choice before
agreeing to such a lien. By initialling this paragraph, Client represents and agrees
that Client has had a reasonable opportunity to consult such an independent lawyer
and—whether or not Client has chosen to consult such an independent lawyer—
Client agrees that Adviser will have a lien as specified above.

__________(Client initials here) _________(Adviser initials here)
12. RECEIPT OF PROCEEDS. All proceeds of Client’s case shall be deposited into
Adviser’s trust account for disbursement in accordance with the provisions of thisAgreement.
13. DISCLAIMER OF GUARANTEE. Nothing in this Agreement and nothing in
Adviser’s statements to Client will be construed as a promise or guarantee about theoutcome of this matter. Adviser makes no such promises or guarantees. There canbe no assurance that Client will recover any sum or sums in this matter. Adviser’scomments about the outcome of this matter are expressions of opinion only. Clientacknowledges that Adviser has made no promise or guarantees about the outcome.
14. ENTIRE AGREEMENT. This Agreement contains the entire agreement of theparties. No other agreement, statement or promise made on or before the effective
date of this Agreement will be binding on the parties.
15. SEVERABILITY IN EVENT OF PARTIAL INVALIDITY. If any provision ofthis Agreement is held in whole or in part to be unenforceable for any reason, theremainder of that provision and of the entire Agreement will be severable and remainin effect.
16. MODIFICATION BY SUBSEQUENT AGREEMENT. This Agreement may be4|Pagemodified by subsequent agreement of the parties only by an instrument in writing
signed by both of them or an oral agreement only to the extent that the parties carryit out.

17. EFFECTIVE DATE. This Agreement will govern all services performed byAdviser on behalf of Client commencing with the date Adviser first performed
services. The date at the beginning of the Agreement is for reference only.
THE PARTIES HAVE READ AND UNDERSTOOD THE FOREGOING TERMS AND
AGREE TO THEM, AS OF THE DATE ADVISER FIRST PROVIDED SERVICES. IF
MORE THAN ONE CLIENT SIGNS BELOW, EACH AGREES TO BE LIABLE
JOINTLY AND SEVERALLY FOR ALL OBLIGATIONS UNDER THIS AGREEMENT.
THE CLIENT SHALL RECEIVE A FULLY EXECUTED DUPLICATE OF THISAGREEMENT.

DATED: ___________________________________________________
CLIENT NAME
Address:

DATED: _________________________ DECLINE & VESTA COVER LIMITED

By: ______________________________BRYAN TUCKERDIRECTORFINANCIAL ADVISER

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