Legal Post Form

Legal Post Form

This Legal Post Form (this Agreement) is entered into as of Effective Date: by and between Client Name: ("Client") and Posting Agent Name: ("Posting Agent").

RECITALS

WHEREAS, Client requires service of process or delivery of legal notices and has engaged Posting Agent to effect posting on behalf of Client where personal service is impracticable or prohibited under applicable procedure; and

WHEREAS, Posting Agent represents that it is authorized and has the experience and resources to effect posting, make contemporaneous record of attempts at service, and to certify such posting as required by law; and

WHEREAS, the parties desire to set forth the terms, methods, and certifications for lawful posting of the documents specified by Client.

NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows:

1. Definitions

For purposes of this Agreement: "Posted Document" means the written instrument(s) delivered to Posting Agent by Client for posting; "Premises" means the property where posting will occur, indicated in Section 3 below; "Posting" means physically affixing or leaving a copy of a Posted Document as described herein.

2. Authorization to Post

Client hereby authorizes and appoints Posting Agent to post the Posted Document(s) at the Premises identified by Client and to take all actions reasonably necessary to complete Posting in conformity with applicable law and procedural rules. This authorization includes permission to make reasonable attempts at personal delivery prior to Posting and to remove or replace Posted Document(s) consistent with this Agreement.

3. Posting Details

Premises Name/Respondent Name:

Premises Address:

Date of Attempted Personal Service: at

Posting Date: at

Posting Location (check all that apply): Exterior door Mailbox Fence/gate Other

4. Contents of Posted Notice

5. Certification and Affidavit of Posting

Posting Agent certifies under penalty of perjury under the laws applicable to the jurisdiction governing the Premises that the facts stated in this form are true and correct, that Posting Agent personally performed the Posting in the manner described above, and that the Posted Document(s) were left at the stated location at the date and time set forth herein.

Photographic record made at time of Posting: Yes No

6. Recordkeeping and Evidence

Posting Agent shall retain contemporaneous records of all attempts at service, the Posting, photographs, GPS coordinates (if available), and any witness statements for a minimum of one year or for such longer period as required by law. Upon reasonable request, Posting Agent shall provide certified copies of such records to Client.

7. Indemnification; Limitation of Liability

Client shall indemnify and hold harmless Posting Agent from and against any and all claims, liabilities, costs, and expenses (including reasonable attorney's fees) arising out of Posting Agent's performance under this Agreement, except to the extent such claims arise from the Posting Agent's gross negligence or willful misconduct. Posting Agent's liability for any claim arising under this Agreement shall be limited to direct damages and shall not include consequential, punitive, or exemplary damages.

8. Notices

All notices, requests, consents and other communications required or permitted hereunder shall be in writing and shall be delivered to the addresses below by hand, certified mail, or nationally recognized courier and shall be deemed given upon receipt.

9. Amendments; Waiver; Counterparts

No amendment or modification of this Agreement shall be effective unless it is in writing and executed by both parties. Failure or delay by either party to exercise any right shall not operate as a waiver of that right. This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument.

10. Governing Law; Venue

This Agreement shall be governed by and construed in accordance with the substantive laws of the state identified below, without regard to its choice of law principles. The parties submit to the exclusive jurisdiction of the state and federal courts located within the jurisdiction so selected for resolution of disputes arising out of this Agreement.

Governing State:

11. Entire Agreement; Severability

This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements and understandings, whether written or oral. If any provision of this Agreement is held to be invalid, illegal or unenforceable by a court of competent jurisdiction, such provision shall be severed and the remaining provisions shall continue in full force and effect.

Sign Now