DUI Coverage Agreement

DUI COVERAGE AGREEMENT

This DUI Coverage Agreement (the "Agreement") is entered into as of Effective Date: , by and between Provider Name: , with principal place of business at Provider Address: , and Member Name: , residing at Member Address: . Provider and Member may be referred to herein individually as a "Party" and collectively as the "Parties."

RECITALS

WHEREAS, Provider is engaged in the business of providing assistance, legal coordination and specified financial coverage in connection with arrests for driving under the influence and related incidents; and

WHEREAS, Member desires to obtain from Provider certain limited financial and legal-assistance benefits in the event of a Covered Event (as defined below) and Provider is willing to provide such benefits on the terms and conditions set forth in this Agreement; and

WHEREAS, the Parties intend for this Agreement to define the scope of coverage, exclusions, claims procedures, limits and the Parties' rights and obligations arising from any Covered Event.

NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the Parties agree as follows:

1. DEFINITIONS

1.1 "Covered Event" means an arrest of Member for driving under the influence, driving while intoxicated, driving under the influence of drugs, or any substantially similar criminal offense occurring after the Effective Date and arising from the operation of a motor vehicle by Member.

1.2 "Covered Costs" means reasonable attorney's fees for criminal defense counsel retained to defend Member in a Covered Event, bail bond amounts paid by Provider on Member's behalf, court-ordered attorney appointment fees where permitted, fees for consultation with a qualified attorney, and reasonable administrative costs incurred by Provider in processing a valid claim, all subject to the exclusions and limits in this Agreement.

1.3 "Policy Limit" means the maximum aggregate amount Provider shall pay for Covered Costs in connection with any single Covered Event as specified in Section 4.

2. COVERAGE

2.1 Scope. Subject to the terms, conditions, exclusions and limits of this Agreement, Provider agrees to provide Member with the Covered Costs arising from a Covered Event occurring during the Term.

2.2 Provision of Services. Provider's obligations to provide Covered Costs are contingent upon timely receipt of a complete claim notice pursuant to Section 7 and Provider's determination, in its reasonable discretion, that the claim arises from a Covered Event and is not subject to any exclusion under Section 3.

3. EXCLUSIONS

Provider shall have no obligation to provide Covered Costs for:

(a) Fines, civil penalties, restitution, surcharges, court costs assessed as penalties, vehicle impoundment fees, installation of court-ordered equipment (including ignition interlock devices), or other statutory monetary penalties; or

(b) Any act or omission by Member constituting intentional wrongdoing or willful criminal conduct, fraud, or commission of a felony unrelated to the operation of a motor vehicle; or

(c) Claims arising from driving under the influence where Member was operating a commercial motor vehicle in violation of applicable commercial licensing laws, or where Member was driving without a valid license at the time of the Covered Event; or

(d) Any claim arising from events occurring prior to the Effective Date, or where Member fails to provide the documentation and cooperation required under Section 7.

4. LIMITS OF LIABILITY

4.1 Policy Limit. Provider's total liability for Covered Costs arising from any single Covered Event shall not exceed $ unless otherwise agreed in writing. Provider's aggregate liability under this Agreement for multiple Covered Events shall be further limited as set forth in Provider's internal policy and applicable written notices to Member.

4.2 Allocation. Attorney fees and bail bond amounts shall be applied against the Policy Limit in the order they are incurred. Payment of a bail bond does not relieve Member of liability for repaying the bail bond amount to Provider where required by law or where Provider posts such bond as an advance.

5. PREMIUMS AND PAYMENT

5.1 Payment. Member shall pay premiums in accordance with the payment schedule selected by Member. If premium is not received when due, Provider may suspend coverage after providing the Member the notice and cure period specified in Section 6.

5.2 No Guarantee of Outcome. Payment of Covered Costs by Provider does not constitute a representation or warranty as to the outcome of any criminal proceeding or administrative matter.

6. TERM AND TERMINATION

6.1 Term. The initial term of this Agreement shall commence on the Effective Date and shall continue for the number of months equal to Payment Frequency (months) above, unless earlier terminated in accordance with this Section.

6.2 Termination. Either Party may terminate this Agreement for material breach by the other Party after thirty (30) days' written notice and failure to cure. Provider may terminate immediately for nonpayment of premium or for fraud or misrepresentation by Member in connection with any claim.

7. CLAIMS PROCEDURE

7.1 Notice. To initiate a claim, Member must notify Provider promptly and in any event within the Claim Notice Deadline after the Covered Event, provide the date and location of the arrest, a description of the incident, and any police report or court documents available.

7.2 Documentation. Provider may require copies of police reports, booking documents, court dockets and itemized bills from attorneys or bail bond agents. Provider may withhold payment or assistance until required documentation is provided.

8. MEMBER OBLIGATIONS

8.1 Cooperation. Member shall cooperate fully with Provider and any attorney selected or approved by Provider, including attending meetings, providing truthful statements, and executing documents reasonably required to pursue or resolve a claim.

8.2 Mitigation. Member shall take reasonable steps to mitigate costs and shall not incur legal expenses or obligations on behalf of Provider without Provider's prior written approval, except in exigent circumstances where delay would cause irreparable prejudice to Member.

9. SUBROGATION AND REIMBURSEMENT

9.1 Reimbursement. If Provider advances funds for bail bonds or legal defense and Member obtains recovery or is reimbursed by a third party for those same Covered Costs, Member shall promptly reimburse Provider to the extent of such recovery. Member hereby assigns to Provider, to the extent of Provider's payment, any right of recovery against third parties.

9.2 Subrogation. Member shall execute any documents and take any actions reasonably required to permit Provider to pursue subrogation or reimbursement from third parties.

10. CONFIDENTIALITY

Except as required by law or court order, Provider and Member agree that non-public information exchanged in connection with a claim will be treated as confidential and used only for purposes of administering claims under this Agreement.

11. NOTICES

All notices under this Agreement shall be in writing and deemed given when delivered personally, sent by nationally recognized overnight courier, or three (3) business days after deposit in the United States mail, postage prepaid, to the addresses set forth above or such other address as a Party may designate by notice to the other Party.

12. AMENDMENTS; WAIVER; COUNTERPARTS

12.1 Amendment. This Agreement may not be amended except by a written instrument signed by both Parties.

12.2 Waiver. The waiver by either Party of any breach of any provision of this Agreement shall not operate or be construed as a waiver of any other or subsequent breach.

12.3 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument.

13. GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the state indicated by Member Notice Address' state of residence, without regard to conflict of laws principles. If the Parties disagree as to the appropriate forum, the Parties agree that any dispute shall be resolved in the state or federal courts located in the county of Provider's principal place of business.

14. ENTIRE AGREEMENT

This Agreement, together with any written exhibits or endorsements executed by the Parties, constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings and communications, whether written or oral.

15. SEVERABILITY

If any provision of this Agreement is held to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not be affected thereby and shall remain in full force and effect.

SIGNATURES

The Parties, intending to be legally bound, have executed this Agreement as of the date(s) set forth below.

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