Investigative Services Agreement 08/2021
This Agreement is entered into by and between Lancaster Detective Agency, located at 313 West Liberty Street, Lancaster PA 17603, hereinafter referred to as (AGENCY). And the (CLIENT)
SCOPE OF WORK:
CLIENT retains AGENCY to conduct an investigation specifically detailed in the attached quote. CLIENT agrees to pay all fees and costs hereinafter incurred as a result of this investigation. As such, CLIENT agrees that AGENCY is empowered to perform said services for and on behalf of CLIENT, and to do all things necessary, appropriate, or advisable in performing said services for and in the best interests of CLIENT. The parties hereby agree that the following investigative services have been requested by CLIENT under this Agreement and will be provided by AGENCY, but that the actual time and manner in which the following investigative services are conducted shall be left to the sole discretion of the AGENCY.
AGENCY will generate a written report when required, of the investigation in a timely manner at the completion of the investigation given the CLIENT’s account is not in arrears. Every reasonable effort will be made to ensure that the quality of the information will be accurate. However, AGENCY will not be responsible for information contained within database reports which AGENCY has no control. Reports may also include photographs and video footage. CLIENT understands that surveillance video and pictures are by their nature NOT television studio-type productions and are often taken from long distance, from unusual locations and during extreme weather conditions and as such, the quality can be variable. AGENCY will proceed with due diligence to obtain quality video and/or pictures that can be obtained given the circumstances without placing the investigator in any physical harm, unsafe position, or violating privacy statues. No "Audio" recordings will be made relative to surveillance tapes. Original notes or documents considered “work product” will not be released and remain the property of AGENCY. Only the written final report is released to the CLIENT. AGENCY RESERVES THE RIGHT TO WITHHOLD ANY AND ALL REPORTS AND/OR EVIDENCE PENDING PAYMENT IN FULL AND BANK CLEARANCE
CLIENT agrees that no verbal updates will be provided to CLIENT while AGENCY is engaged in or in the process of performing any surveillance assignments. Oral reports will be provided within 48 hours after the information is obtained or, no sooner than 9:00 a.m. the Monday following any weekend surveillance assignment when reporting information to CLIENT. CLIENT further agrees that if CLIENT is represented by an attorney that AGENCY within the times mentioned in this paragraph may, at AGENCY’s sole discretion, provide the reports mentioned above directly to the CLIENT’s attorney. CLIENT understands that he/she may be needed to provide information to AGENCY while in the course of a surveillance assignment (vehicle descriptors, color of dress / clothing for the day, etc.) but AGENCY is not obligated to provide a report to CLIENT at the time the additional information is requested. CLIENT further agrees that if CLIENT retains an attorney after entering into this Investigative Services Agreement that CLIENT must provide AGENCY within 24 hours of retaining such attorney, a notice both verbally and in writing, containing the name, address, telephone number and fax number of the attorney.
CLIENT acknowledges that any interference in this investigation by CLIENT or by CLIENT’s friends, relatives, agents, or employees will jeopardize the ability of AGENCY to provide the services promised under this agreement. CLIENT further acknowledges that interference includes but is not limited to calling the AGENCY and/or employees and contractors while they are trying to perform investigative duties and/or surveillance, asking to ride along on surveillances, driving past locations under surveillance, and/or visiting locations near the location under surveillance. CLIENT agrees not to interfere in any manner whatsoever, or instruct or cause anyone else to interfere, directly or indirectly, while AGENCY is in the course of this investigation. CLIENT understands and agrees that in the event anyone other than AGENCY participates in this investigation, AGENCY will immediately terminate all activity in this assignment.
CLIENT interference not only endangers the productivity of the case but can also endanger the safety of the AGENCY. CLIENT interference will result in either the forfeiture of remaining retainer or Four (4) hours worked, whichever is greater.
CLIENT expressly acknowledges that AGENCY’S fees for services are NOT contingent on the outcome or results of the above referenced investigation. AGENCY MAKES NO WARRANTIES OR GUARANTEES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE RESULTS OF THIS INVESTIGATION. No illegal or unethical services will be knowingly provided by AGENCY and CLIENT certifies that he/she is not knowingly requesting any illegal services. AGENCY reserves the right to decline or terminate without advance notice any assignment it deems to be illegal or unethical or in AGENCY’s sole opinion detrimental to AGENCY. AGENCY will perform services in compliance with all state and federal laws, regulations and best practices. CLIENT UNDERSTANDS THAT RESULTS OF SURVEILLANCES AND INVESTIGATIONS BY THEIR NATURE ARE NOT GUARANTEED AND ARE LIMITED BY TIME AND RESOURCES. THE INFORMATION OBTAINED MAY NOT BE THAT WHICH IS DESIRED OR IN THE FAVOR OF THE CLIENT.
CLIENT must provide AGENCY with a minimum of Twenty-Four (24) hours’ notice in case of any cancellation of scheduled activity. A Two (2) hour minimum charge will be imposed for each investigator if the CLIENT fails to give (24) Twenty-Four hours’ notice to AGENCY.
Twenty-Four (24) hours’ notice is required in case of any cancellation of a deposition or courtroom appearance. All courtroom and deposition fees are due in advance and are nonrefundable. A retainer for the amount must be received Seven (7) days prior to scheduling the investigator(s) for court or deposition. We are not responsible for court delays or cancellations.
CLIENT attests that he/she has not misrepresented himself, his company, organization or purpose for requesting the services that AGENCY provides. CLIENT understands that misrepresentation in this agreement, in AGENCY’s sole opinion, may result in civil and criminal action against the CLIENT and/or his organization as well as any and all monies paid to be forfeited. AGENCY reserves the right to refuse service to the CLIENT for any issue of security, safety, unlawful, unethical or immoral reasons. CLIENT further represents that the information provided by the AGENCY shall be used in a lawful manner and that said information will not be used to cause any physical or emotional harm upon the subject of the investigation. CLIENT agrees to and shall indemnify and save harmless the AGENCY, it’s employees and agent(s) from damages, losses, cost and expenses, including any attorney or legal fees, suffered/incurred in connection with or arising out of claims based on investigative results provided to CLIENT. This also includes any civil or criminal actions, claims, third party claims, lawsuits, disciplinary actions, or any losses alleged to be caused by the AGENCY resulting from any activity performed by either CLIENT or AGENCY, except for illegal acts or negligence on the part of the AGENCY, investigators and/or its employees.
CLIENT agrees to terms outlined in the attached quote.
CLIENT further agrees that the following provisions shall apply to all fees due from CLIENT under this agreement:
1. In the event that no retainer is collected, then the services provided will be billed by invoice and due upon receipt. CLIENT forfeits all rights to reports, evidence, photographs, video, information and other related items if invoices are not paid within terms.
2. All outstanding fees are due immediately at the completion of this assignment, or upon either the CLIENT or AGENCY’s determination that no further action can be taken to complete this assignment.
3. On all assignments, which are expected to last longer than 7 days, that portion of the work that has been completed will be billed weekly and payment will be due upon receipt.
4. AGENCY reserves the right to require payment in advance for excessive investigative expenses.
5. Should any litigation arise from this agreement resulting from non-payment of fees, such litigation will be held in the prevailing court and the prevailing party shall collect all attorney's fees and costs resulting from the litigation.
6. Client will not initiate a chargeback on credit card charges or a stop payment on a check.
CLIENT shall not have a protection from abuse (PFA) or any other restraining order that is actively in effect.
The AGENCY may terminate the investigation at any time for any reason.
$85.00 Per Hour- $95.00 Per Hour
Mileage .60 Per Mile When out of local area by definition of the AGENCY
Necessary expenses, example parking, tolls, other expenses. Information services vary in price.
DESCRIPTION OF THE WORK TO BE COMPLETED:
Description of work to be completed and retainer amount required before case is scheduled.
An invoice will be emailed to you via Pay Pal, you can render payment using your credit, debit card or check. Checks will have to clear before the assignment will be scheduled.