Wny Hunter
A good 3 year old buck
I'm in the process of signing an engagement letter with a forester but i am asking for assistance with the wording of it. I was wondering if anybody had input on the part where there is no cap on the maximum amount of hours I can be billed for if I reject all offers. I don't like that part. I feel like there should be some wording in there like " Not to exceed X amount of hours. ( I couldn't figure out how to black out the the name of the company , so i just made up a name ).
JOHN DOE MANAGEMENT SERVICES, INC.
___________________, 201__________________________
_________________________
_________________________
_________________________
Re: Engagement As Your Forestry Consultant
Mr. & Mrs ____________:
Thank you for giving John Doe Management Services, Inc. (“JDMS”) the opportunity to assist you in managing and selling your timber located at _________________________________________.
JDMS, will act as your forestry consultant to mark, manage and sell your timber to the highest bidder. Once sold, JDMS will act as your agent in connection with the harvesting of the timber by the buyer. In marking and selling your timber, JDMS will strive to meet your management objectives for your forestland. You agree to pay JDMS a fee for our services of 7 % of the actual sale price of the timber sold.
You will have the right to reject any and all offers made for your timber. If you reject all of the offers, you agree to pay JDMS on an hourly basis for the work performed, at a rate of $35.00 per hour. In addition, if you sell a material portion of the marked timber within one year after rejecting the offers obtained by JDMS, you agree to pay JDMS 7 % of the actual sale price of the timber sold. In that case, JDMS will, however, credit you for any hourly fee previously paid.
Thank you again for the opportunity to act as your forestry consultant.
Please acknowledge your agreement to the above terms by signing this letter in the space provided below.
Very truly yours,
JOHN DOE MANAGEMENT SERVICES, INC.
By:______________________________
, Member
Agreed and accepted
on ____________, 20__.
________________________________
Landowner
JOHN DOE MANAGEMENT SERVICES, INC.
___________________, 201_
_________________________
_________________________
_________________________
Re: Engagement As Your Forestry Consultant
Mr. & Mrs ____________:
Thank you for giving John Doe Management Services, Inc. (“JDMS”) the opportunity to assist you in managing and selling your timber located at _________________________________________.
JDMS, will act as your forestry consultant to mark, manage and sell your timber to the highest bidder. Once sold, JDMS will act as your agent in connection with the harvesting of the timber by the buyer. In marking and selling your timber, JDMS will strive to meet your management objectives for your forestland. You agree to pay JDMS a fee for our services of 7 % of the actual sale price of the timber sold.
You will have the right to reject any and all offers made for your timber. If you reject all of the offers, you agree to pay JDMS on an hourly basis for the work performed, at a rate of $35.00 per hour. In addition, if you sell a material portion of the marked timber within one year after rejecting the offers obtained by JDMS, you agree to pay JDMS 7 % of the actual sale price of the timber sold. In that case, JDMS will, however, credit you for any hourly fee previously paid.
Thank you again for the opportunity to act as your forestry consultant.
Please acknowledge your agreement to the above terms by signing this letter in the space provided below.
Very truly yours,
JOHN DOE MANAGEMENT SERVICES, INC.
By:______________________________
, Member
Agreed and accepted
on ____________, 20__.
________________________________
Landowner