A personal guaranty of an entity client may be required if Wojcik Law Firm, P.C. agrees to provide services without advance payment. By signing a guaranty in substantially the form below, the guarantor(s) will personally guarantee payment of all obligations under the Services Contract. This form is provided for informational purposes only. The actual Personal Guaranty to be executed, if required, will be provided separately. This form of personal guaranty is subject to change from time to time.
FORM OF
PERSONAL GUARANTY
(Not for Execution)
Each undersigned individual (each, a “Guarantor”) (jointly and severally with one another if more than one) absolutely and unconditionally guarantees immediate payment to Wojcik Law Firm, P.C. (“WLF”) and its successors and assigns of all payment obligations due to WLF incurred under that certain Legal Services Contract, dated [Contract Date], by and between WLF and [Name of Client] (the “Services Contract”), including (without limitation) fees, expenses, interest, and all other costs (the “Guaranty”). Each Guarantor has read, understood, and agreed to this Personal Guaranty and the Services Contract, including without limitation Section 8 (captioned, “LEGAL CONTRACT”) of the Services Contract.
If Client is an entity, Guarantor acknowledges that: (a) the guaranteed obligations are commercial obligations of an entity not subject to usury laws applicable to individual consumer debts; (b) interest on such obligations shall be governed by laws applicable to commercial transactions; and (c) this provision is intended to prevent the inequitable result of an individual guarantor invoking protections unavailable to the entity whose obligations are being guaranteed, which would undermine the commercial nature of the underlying contract.
Each Guarantor shall alone be obligated to repay all amounts due to WLF on demand, without requiring (but without prohibiting) WLF first to enforce payment against any Client or any other Guarantor.
The Guaranty is a guaranty of payment, not collection. The Guaranty is an absolute, unconditional, primary, and continuing obligation, and will remain in full force and effect until all of Client's obligations to WLF have been indefeasibly paid in full, and WLF has terminated this Guaranty.
Each Guarantor waives all notices and defenses, legal or equitable, to the Guaranty which might otherwise be available. Notwithstanding anything herein to the contrary, no action or proceeding by WLF against any Guarantor to collect on any obligation due to WLF, and no action or proceeding by WLF against Client on any obligation due to WLF, shall obviate or estop any action by WLF against any Client or Guarantor, and WLF may maintain any one or more such actions separately, whether contemporaneously or consecutively, until the entirety of all obligations due to WLF under the Services Contract have been satisfied in full.
This Guaranty shall be governed by the laws of the State of California without regard to its conflicts-of-laws provisions and inure to the benefit of WLF and its successors and assigns. Each Guarantor after being advised of the right to a jury trial and the significance of waiving such right, and after having the opportunity to consult with independent legal counsel regarding this waiver, knowingly, voluntarily, and intelligently, WAIVES THE RIGHT TO JURY TRIAL in any action or proceeding arising out of, related to, or connected with this Guaranty or the Services Contract.
Any action or proceeding taken by WLF against one or more Guarantors may be taken in any state court in California with competent subject matter jurisdiction selected at WLF's sole and exclusive discretion. Each Guarantor hereby irrevocably and without condition consents to the personal jurisdiction of each such court, waives any and all defenses of inconvenient forum or venue and other similar procedural or other defenses, and consents to service of process for any such action in any such court in any manner permitted by law.
The Guaranty is a material inducement and condition precedent to WLF agreeing to be engaged by Client, to enter the Services Contract, and to perform or continue to perform services for Client.
This Guaranty may be signed in multiple counterparts, each bearing the signature of any one or more Guarantors. Intending to be irrevocably and unconditionally bound by this Guaranty and all other terms of the Services Contract, each Guarantor, having read, understood, and agreed to this Guaranty and the rest of the Services Contract, has executed this Guaranty in favor of WLF and its successors and assigns.
Signed: NOT FOR EXECUTION
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