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Member Agreement

MEMBERSHIP AGREEMENT

 

PARTIES.

 

This membership agreement is executed between the parties: Member (hereinafter “Member”) and The Ethical Gatekeeper (hereinafter “TEG”), dba of Probetur Association LLC. This agreement is effective on the date that Member successfully remits full payment for the membership, albeit on monthly or annual basis, and continues until canceled or terminated by TEG.

 

RECITALS.

WHEREAS, Organization is designed for Vocational Legal Education and Advocacy;

WHEREAS, Member would like to join Organization and acknowledges and agrees to be bound by the terms and conditions listed herein;

NOW, therefore, in consideration of the promises and covenants contained herein, as well as other good and valuable consideration (the receipt and sufficiency of which is hereby acknowledged), the Parties do agree as follows:

MEMBERSHIP.

 

This Agreement forms a legally binding agreement between Member and TEG and governs the Member's access and use of TEG's services (the "Membership Services"). This Agreement also covers TEG's provision of services (the "Membership Services"). Hereinafter, "you" and other third-person pronouns will refer to Member.

 

BY ACCESSING OR USING ANY OF THE MEMBERSHIP SERVICES, YOU AGREE TO BE BOUND AND ABIDE BY THIS AGREEMENT AND ANY AMENDMENTS THERETO. READ THIS AGREEMENT CAREFULLY BEFORE USING ANY OF THE MEMBERSHIP SERVICES, ESPECIALLY SINCE THIS AGREEMENT MAY AFFECT YOUR LEGAL RIGHTS, SUCH AS REQUIRING BINDING INDIVIDUAL ARBITRATION, AND LIMITING YOUR RIGHT TO BRING A LAWSUIT OR CLASS ACTION. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE IMMEDIATELY CEASE USE OF ANY OF THE MEMBERSHIP SERVICES.

 

MEMBER BENEFITS.

  • Membership Fee: $50.00 USD monthly; Annual Discounted Rate: $500.00 USD 

  • Benefits

    • 1 Monthly General Legal Education Group Workshops (Newsworthy Laws, Statutory Amendments etc)

    • 2 Monthly Legal Workshop on Tenants’ Rights, Property Rights and Land Ownership

    • 1 Monthly 1 hour session for individual member consulting

    • Legal intercession including:

      • Letter (i.e. letters for Cease and Desist, Credit Inquiry and/or Disputes, Notice of Intent, Request for Information etc)

      • Legal Research on specific member’s legal case and prepared brief that explains all legal implications (pro’s and con’s)

      • Organizational intercession (as opposed to personal legal representation until I’m licensed)

    • 2 Monthly Estate Planning Workshops 

    • 1 Electoral Vote Per Member for Member Based Electoral Decisions

The above stated benefits are available to each member, and included in the monthly membership fee. Workshops are offered virtually only, and self-paced and self-led. Because TEG is newly organized, workshops are currently in development and will be made available in two phases: Phase 1 in Summer 2023 slated for July 15, 2023 and Phase in Fall 2023 slated for October 15, 2023. 

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MEMBER SERVICES.

In addition to membership benefits, members are entitled to the following discounted legal services:

  • Typing and Editing at $25.00 USD/hour; each billable hour is billed in advance and each incremental minute over each hour is billable at full hours;

  • Legal Coaching (includes but not limited to Pro Se Coaching) at $50.00/hour;

  • Affidavit and Witness Testimony at $50.00/hour; and

  • Private Mediation at $50.00/hour.

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The Membership Services will specifically include the ability and responsibility of the Organization to deal with all requisite third parties. Membership Services may be enlarged or changed at the discretion of TEG, but will not ever be changed so drastically as to place TEG in a position of unjust enrichment or violate any governing law.

 

Membership benefits and services are conferred upon the paying member only, and cannot be conveyed, gifted, sold or otherwise transferred to another member nor any other person.

 

MEMBERSHIP FEES.

Membership is offered at (1) individual, (2) business, and (3) corporate level. The rate for individual membership is $50.00 USD monthly or $500.00 USD annually. The rate for business membership is $150.00 USD or $1,500.00 USD annually. The rate for corporate membership is $1,500.00 USD monthly or $20,000.00 USD annually. There are no late fees. Membership is offered on a month-to-month basis until cancellation. There is a 3-day grace period for each month's fee. Failure to submit payment within that period will result in discontinuation of membership. Benefits are only available to paid-in-full members.

 

Payment of the monthly membership fee(s) constitutes an agreement implied by conduct to the terms herein. Member assents to agreement and understanding of the terms herein through payment of the monthly membership fee(s).

 

REFUNDS.

Due to the intangible and unrecoverable nature of our services in imparting information, the explanation and composition of documents, and legal research, membership fees and costs for membership services are non-refundable.

 

MEMBER ETHICS.

Members must maintain high ethical rigor when interacting with other members and TEG instructors, directors, and agents or affiliates. Failure to do so can lead to immediate termination of membership or probation for a period of no more than 90 days. To be considered for reinstatement of membership, a member on probation must (1) submit a written petition to request reinstatement of their membership after the probation period, and (2) membership fees for each month during that probation period, and (3) $25.00 administrative fee. TEG will consider the petition and render a decision within 10 calendar days, and provide a decision letter, including reasons for such decision, to the member petitioner. This decision is final. If TEG decides to deny the petition, the member petitioner's membership is terminated permanently. There are no refunds for administrative fees, whether the petition is denied or granted. Probation is offered only once; thus, if a member is reinstated and later violates member ethics again, their membership will be terminated permanently.

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Furthermore, regarding honesty, if TEG suspects that a member is abusing its services for the purpose of harassment, abusing and/or manipulating the judicial system, or it is otherwise discovered that a member has falsified information related to a case for which that member is receiving member services, TEG may, can, will and/or shall require a letter of affirmation, notarized, from that member related to any untoward purpose suspected. This stipulation is non-negotiable, and there is no process by which a member can petition against it. If the member fails to comply by failing to complete and submit the letter of affirmation within 10 days after the date that TEG makes such request of the member, their membership shall be terminated immediately thereafter, and permanently so. Contingent upon the nature of dishonesty, law enjoins certain fiduciary agents to report unlawful conduct. Accordingly, if the members dishonesty constitutes unlawful conduct, TEG is enjoined to report such unlawful conduct to the proper authorities and shall report such unlawful conduct to the proper authorities. If, however, the member's dishonesty amounts to poor ethics and does not directly violate statutory law, then TEG may, can, will, and most likely shall confront the member and bind ethical resolution. Ethical resolution can be in any form decided by TEG, limited only by any governing law.

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A violation of this clause results in the members' forfeiture of membership benefits and services, including benefits and services in progress or incomplete. Due to the intangible and irrecoverable nature of TEG benefits and services, refunds are not available. Refunds are only limitedly available when services are completed in less time than the projected hours. Refunds, in this limited case, are forfeited as a result of the members' violation of this membership agreement, and specifically Member Ethics. 

**Hours are not billed incrementally; each minute over an hour is billed at a full hour. Refer to Membership Benefits.

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MEMBER CONSENTS.

Member agrees to hold TEG, its owners, affiliates, and representatives, harmless from any damage, whether tangible or intangible, that may happen to Member while participating in the Membership Services. Member agrees that TEG offers its membership program with no guarantee of results of any kind. Member agrees that any results that occur during their membership, whether positive or negative, are the effects of Member's own personal choices. Member agrees and verifies that all of the information they have given TEG and its representatives is accurate, up to date, and without the omission of any requested information. Member agrees and verifies that even if they have omitted any necessary personal information, whether knowingly or unknowingly, they will hold TEG harmless against all liability for any damages that may occur to Member or others because of Member's actions or inactions. Member agrees to notify TEG of any changes or upcoming changes concerning their personal information.

 

ASSUMPTION OF RISK.

Member agrees and understands that their participation in the Membership Services may involve risks. These risks may lead to tangible or intangible harm, and Member agrees that these risks may result not only from their own actions but also from the actions of others. With the knowledge and understanding of these risks, Member chooses, of their own will and volition, to continue participating in the Membership Services. 

 

DISCLAIMER.

Member agrees and understands that legal education may be imparted by a licensed attorney or otherwise imparted by a legal professional possessing a Juris Doctorate and thus conferred with legal expertise and qualified to teach law. Member further agrees and understands that no such legal education constitutes legal representation, and that in order to retain legal representation, a separate contract must be executed between that licensed attorney and the Member, which shall be completely separate from this Membership Agreement. Accordingly, the separate contract between the Member and that licensed attorney shall be the prevailing legal instrument, and any disputes that may arise therefrom shall be handled in accordance with that separate contract. Member also agrees and understands that legal statutes or laws change, and thus TEG instructors are subject to the judiciary, or judicial branches of the United States of America, in that regard. TEG instructors will provide the most up-to-date legal information as is reasonably available to them, and otherwise will update Members when such statutory changes are made.

 

REPRESENTATION.

Member agrees that they are over 18 (eighteen) years of age and may legally consent to and enter into this Agreement.

 

ENTIRE AGREEMENT.

This Agreement constitutes the entire understanding between the Member and the Organization with respect to any and all use of the activities and facilities. This Agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral, regarding the Parties' relationship.

 

COUNTERPARTS.

This Agreement may be executed in counterparts, all of which shall constitute a single agreement. The Agreement shall be effective as of the date set forth above.

 

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SURVIVAL.

Any provision of this Agreement which by its terms imposes continuing obligations on either of the parties shall survive termination of this Agreement.

 

SEVERABILITY.

If any part or subpart of this Agreement is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such condition, the remainder of this Agreement shall continue in full force.

 

DISPUTE RESOLUTION.

In case of a dispute between the Parties relating to or arising out of this Agreement, the Parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, the Parties shall then submit the dispute to binding arbitration. The arbitration shall be conducted in the county and state noted in the GOVERNING LAW provision of this Agreement. The arbitration shall be conducted by a single arbitrator, and such arbitrator shall have no authority to add Parties, vary the provisions of this Agreement, award punitive damages, or certify a class. The arbitrator shall be bound by applicable and governing federal law as well as the law of North Carolina. The arbitrator shall be bound by applicable and governing federal law as well as the law of North Carolina. Claims necessitating arbitration under this section include, but are not limited to: contract claims, tort claims, claims based on federal and state law, and claims based on local laws, ordinances, statutes or regulations.

 

Intellectual property claims by the Organization will not be subject to arbitration and may, as an exception to this sub-part, be litigated. The Parties, in agreement with this sub-part of this Agreement, waive any rights they may have to a jury trial in regard to arbitral claims.

 

GOVERNING LAW.

This Agreement shall be governed by and construed in accordance with the internal laws of North Carolina and California without giving effect to any choice or conflict of law provision or rule. Each Party irrevocably submits to the exclusive jurisdiction and venue of the federal and state courts located in the states of North Carolina and California.

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