This Membership Agreement ("Agreement") is entered into between Wam Investments LLC, d/b/a Caliber Counsel ("Company"), and the undersigned individual ("Member"), effective as of the Enrollment Date. This Agreement applies to Member's enrollment in the First Response Membership Tier. This Agreement is accompanied by, and incorporates by reference, a State Addendum applicable to Member's state of residence, which governs the state-specific terms identified herein.
1. Definitions
(a) “Covered Incident” means an incident arising from Member's lawful ownership, possession, or use of a firearm that results in arrest, criminal investigation, criminal charge, firearm seizure, or a law enforcement encounter reasonably requiring legal representation, subject to the exclusions in Section 5.
(b) “Contracting Attorney” means a licensed attorney who has entered into a network agreement with Company to provide legal services to Members.
(c) “Membership Tier” means the specific level of membership selected by Member: First Response, Pretrial Defense, or Full Defense, as described in Company's published membership materials and in Section 3 below.
(d) “Enrollment Date” means the date Member's initial membership payment is processed.
2. Nature of Membership; Not Insurance
This Agreement is a legal service contract. It is not a policy of insurance, and Company is not an insurer. Member acknowledges that the benefits of this Agreement consist of access to legal counsel and reimbursement or direct payment of certain legal fees as described in Section 3, and not payment of a claim under an insurance policy.
3. Scope of Coverage — First Response
(a) Company will provide Member with twenty-four (24) hour telephone access to a Contracting Attorney or Company-designated intake service.
(b) Company will provide up to two (2) scheduled consultations per membership year with a Contracting Attorney regarding general questions of firearms and self-defense law, at no additional charge.
(c) Company will pay or reimburse reasonable attorney's fees actually incurred for representation at Member's arraignment arising from a Covered Incident.
Coverage under this Tier terminates upon completion of arraignment. Representation for any subsequent stage of a criminal or civil proceeding is not included under this Tier.
4. Upgrade Prior to Stage Commencement
Member may upgrade to Pretrial Defense or Full Defense at any time. Coverage for a given procedural stage applies only if Member's Membership Tier includes that stage as of the date that stage commences. Upgrading after a stage has already commenced does not create retroactive coverage for that stage.
5. Exclusions
Coverage under this Agreement does not apply to, and Company has no obligation with respect to, any incident involving:
(a) Member's unlawful possession of a firearm at the time of the incident, including possession by a person prohibited from possessing a firearm under federal or applicable state law;
(b) Use of a firearm in the commission of a crime, other than an act of lawful self-defense or defense of another;
(c) Conduct that does not qualify as lawful self-defense under the law of the state where the incident occurred;
(d) Incidents occurring outside the United States;
(e) Incidents Member fails to report to Company within seventy-two (72) hours of Member's knowledge of the incident.
6. Benefits Not Included
Regardless of Membership Tier, this Agreement does not cover, and Company will not pay or reimburse, any fines, penalties, restitution, civil judgments, settlements, or bail bond premiums or bail principal, in any amount, under any circumstance.
7. Attorney Assignment; No Attorney-Client Relationship with Company
Upon report of a Covered Incident, Company will refer Member to a Contracting Attorney licensed in the state where the incident occurred. The attorney-client relationship exists solely between Member and the Contracting Attorney. Company is not a law firm, does not provide legal advice, and is not a party to the attorney-client relationship.
8. Term; Billing; Cancellation
This Agreement renews monthly and continues until cancelled by either party. Member is billed in advance on a monthly basis at the rate set forth in Schedule A. Member may cancel at any time, effective at the end of the then-current billing period; no refund is provided for the unused portion of a paid period except as required by applicable state law. Company may cancel or decline to renew this Agreement for non-payment or material misrepresentation, upon written notice to Member.
9. State Availability
Company offers this Agreement only in states where it has completed applicable regulatory registration or qualifies for an applicable exemption. Current state availability is published on Company's website and is subject to change. If Member relocates to a state where Company does not offer this Agreement, coverage terminates as of the date of relocation, and Company will refund any prepaid, unused portion of Member's then-current billing period.
10. Dispute Resolution; Governing Law
Any dispute arising under this Agreement shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its consumer arbitration rules then in effect, except that either party may bring an individual claim in small claims court. This Agreement is governed by the laws of the State of Wyoming, without regard to conflict-of-laws principles, except to the extent superseded by a mandatory consumer protection law of Member's home state that cannot be waived by contract.
11. Limitation of Liability
This Section 11 limits Company's liability to Member for claims that Member is a person entitled to bring against Company for breach of this Agreement, negligence, or other wrongful act by Company (a "Member Claim"). It does not limit, cap, or otherwise apply to the attorney's fees Company pays or reimburses under Section 3 in connection with a Covered Incident, which are not subject to a stated maximum.
Company's aggregate liability to Member for any and all Member Claims shall not exceed the total amount of membership fees actually paid by Member to Company under this Agreement. Company is not liable for the acts or omissions of any Contracting Attorney, who acts as an independent contractor and not as an employee or agent of Company.
12. Entire Agreement; Amendment
This Agreement, together with Schedule A, constitutes the entire agreement between Member and Company regarding its subject matter. Company may amend this Agreement upon thirty (30) days' written notice to Member; continued payment of membership fees after the effective date of an amendment constitutes Member's acceptance of the amendment.
13. Member Acknowledgment
By signing below, Member acknowledges having read this Agreement in full, understands that it is a legal service contract and not a policy of insurance, and agrees to be bound by its terms.
Schedule A — Membership Tier and Fees
Membership Tier: First Response (Tier 1)
Monthly Fee: $25 / month
Defense Benefit Under Section 3: No stated maximum
Company's Maximum Liability for Member Claims (see Section 11): Total membership fees paid by Member