The terms and conditions outlined herein shall be conditional upon any of the following:  by the primary retaining client (hereafter referred to as “primary retaining client” or “client”) signing and returning a copy of the Terms & Agreement engagement letter to the company (hereafter referred to as “BRi”; “BRi, LLC”; “Biomechanical Research Institute, LLC”; or “Biomechanical Research Institute”), through a direct verbal and/or written request from the primary retaining client regarding work to be performed by BRi, or by the primary retaining client’s continued use of BRi’s services.

All time is measured portal to portal.

All work performed by an engineer, engineering assistant, and/or contract technical/engineering staff at Biomechanical Research Institute (BRi) including, but not limited to: consultation and/or communication, file review, research, analysis, testing and/or travel during standard business hours (Monday-Friday 8:00 AM – 5:00 PM), will be billed at the current prevailing rate in quarter hour increments.  As of January, 2022, the current prevailing rate is $350.00 per hour (per lead engineer and/or principal engineer) and $275.00 per hour (per engineering assistant and/or contract technical/engineering staff).

All work performed in preparation for, traveling to/from, and/or during an oral (or video) deposition and/or live (or video) trial testimony, will be billed at a rate of (the current prevailing rate + $100.00/hour).

If BRi and/or BRI’s lead or principal engineers and/or BRi’s engineering assistants or contract employees are designated as consulting and/or testifying experts prior to being contacted and/or retained by the designating party, a designation fee of no less than $5,000.00 may be incurred to the file.  This designation fee must be paid prior to any work commencing on the file.

All work performed by BRi, its engineers, engineering staff, and/or contract technical/engineering staff outside of the aforementioned standard business hours may be subject to a premium rate of two times the current prevailing rate for standard business hours.

All work performed by BRi, its engineers and/or engineering staff requiring a verbal turnaround time of less than one (1) calendar month may be subject to a rush verbal file fee of $2,500.00. All work requiring a written turnaround time of less than one (1) calendar month may be subject to a rush written file fee of $5,000.00.  Rush file fees are determined on a case-by-case basis.

Trips requiring overnight stays will be billed for time spent between 8:00 AM and 5:00 PM or such greater time as is actually worked and/or traveled.  The mode of travel for all work outside of the Houston metropolitan area will be at the discretion of the lead engineer.

All expenses incurred by BRi, its engineers, engineering staff, administrative staff and/or its contract staff and/or subsidiaries are in addition to the aforementioned hourly rates and will be billed at cost.

Personal automobile mileage charges accrued by an engineer, an engineering associate and/or an engineering assistant are billed at the federally allowable rate.  If a rental vehicle is used during any portion of the BRi employee’s time away from the office, these charges will not apply for the duration of miles driven in the rental vehicle.  Fuel surcharge fees may be charged on a case-by-case basi

All additional file-related costs including, but not limited to color copies, binding, photographic materials, finishing & development, and subsequent reproduction costs will be billed at cost.

The primary retaining client is responsible for paying all fees and expenses of the engineer related to the engagement. This responsibility shall include activities conducted in response to discovery efforts by other involved parties.

The primary retaining client is responsible for lost and/or wasted time and/or expenses in the event of a cancellation, whether the cancellation is caused by the primary retaining client or by other involved parties.

Fees and expenses will be billed to the file as time and/or expenses accrue unless other arrangements are made with the lead principal engineer.

Payments for invoices shall be due and payable upon the date of each such invoice.  Any balance outstanding for more than thirty (30) days of the invoice shall be deemed delinquent and subject to late payment fees, penalty fees, and/or interest charges.  BRi reserves the right to charge a late fee of one and one-half percent (1½%) per month, or fraction thereof, on all invoices not paid within thirty (30) days of submittal.  The primary retaining client shall pay any and all collection costs, including engineers’ time and expenses and any legal fees and costs, plus appellate fees, incurred by BRi in connection with the collection of its account.

Unless expressly agreed by the lead principal engineer in writing, any cost estimates for services whether oral or written, are for the primary retaining client’s budgeting purposes only and are not quotes which are binding on the lead engineer nor upon BRi.

Rates are subject to change on a calendar year basis. Once a rate change is implemented at BRi, all new and currently-open files will be charged at the new rate(s), effective immediately, with or without notice to the client.

Variable non-refundable retainers may be required for new clients. In the event a retainer is required, the retainer will be held until the conclusion of the file and at that time will be credited against the final bill. Unused variable retainer funds will not be refunded.

Any and all documents submitted for, or in response to, one particular assignment shall be deemed privileged and shall remain with that one particular assignment and shall not be disseminated and/or distributed without the express written consent of BRi. These documents include, but are not limited to: resumes, curriculum vitaes, BRi rate schedules, BRi reports, BRi memorandums, BRi notes, BRi technical analyses and/or research articles.

The total liability of the company, its executives, officers, employees, agents and/or affiliates for any conduct or services related to or arising under the agreement, shall be limited to the total amount of payments client made to company on the assignment, and such amount shall be the complete and exclusive remedy of client.  In no event shall the company, its executives, officers, employees, agents and/or affiliates be liable for any other damages, including direct, indirect, incidental, special, consequential, loss of use, loss of profit or loss of investment damages.

The terms and conditions, along with the Letter of Engagement, shall form the entire agreement between the parties with respect to the agreed-upon work product of BRi.  Unless otherwise specified, no oral representations of any executives, officers, employees, agents and/or affiliates, either before or after execution of this agreement, shall affect or modify the obligations of either the primary retaining client or of BRi.  The primary retaining client agrees that it he/she has not been induced to enter into this agreement by any representations, statements or warranties by the company or any of its executives, officers, employees, agents and/or affiliates.  Any additional terms and conditions are expressly excluded unless specifically agreed to in writing by an executive, officer, employee, agent and/or affiliate of BRi.

These Conditions of Professional Engagement shall be interpreted according to the laws of the State of Texas.