Private Investigations Contract and Retainer Agreement
Justice Solutions Group | CA PI LIC 187785
1. This agreement is made on _______________ between ______________________________ (Referred to as “The Client”) and Justice Solutions Group (Referred to as “The Company”)
2. In consideration of the agreements made herein, Justice Solutions Group will conduct investigative activities consisting of:
3. Said investigative activities will begin on or about _______________.
4. The Company agrees to conduct investigative, consultative and administrative activities, chargeable against the retainer according to the Company’s Fee Schedule and/or specific items listed in Section 2, not described in the general Fee Schedule, as well as deduction of actual and reasonable expenses, to include vehicle mileage charges and other expenses required by the investigation and report. Upon reaching a chargeable amount equal to the retainer, the company, unless otherwise authorized herein by the client, will within 15 days, furnish to the client a detailed invoice reporting all charges and expenses.
5. The Client will pay a retainer of ____________ USD prior to commencement of services. At their discretion, a credit/debit card may be required by the Company to guarantee the retainer or future payments if the payment is desired to be made by cash, check or money order by the client. At the Company’s discretion, clients may or may not be approved as a NET 15 or NET 30 client, which will be noted in Section 2.
6. The Client agrees that, after chargeable activities equal to the retainer amount has been reached, the company is authorized to continue the investigation up to _____________ ONLY UPON WRITTEN APPROVAL BY THE CLIENT. The client agrees that approval may be given in the form of email to Justice Solutions Group, or via text to a field investigator if necessary to approve any additional investigations. Justice Solutions Group will notify the client upon reaching the initial retainer amount and must receive authorization prior to continuing any work on behalf of the client that would result in additional charges.
7. The client agrees that additional activities of company employees will be paid by the client according to the Company Fee Schedule, plus applicable expenses as detailed above, and to include meetings, conferences and court appearances.
8. The client assumes responsibility to provide accurate information concerning the investigation. The company is not responsible for unproductive investigative time resulting from inaccurate information supplied by the client.
9. The company agrees that its representatives will maintain reasonable communications with the client during the period of the investigation. The client agrees that meetings and conversations with company representatives may be billed to the client at the rate of $85.00 per hour.
10. Unless waived herein by the client, the company agrees to provide within 15 days of conclusion of the investigation, services contracted herein, a written report accurately detailing the hours worked, activities fully accounting for time charged, and results of the investigation.
11. Third Party Information:
The data provided in the final investigative report may be derived from third-party commercial databases and information aggregation services and may or may not be be specifically identified as provided by a third-party. As a result, Justice Solutions Group cannot warrant the comprehensiveness, completeness, accuracy, or adequacy for any particular use or purpose of the information provided and expressly disclaims all warranties, express or implied, as to any matter whatsoever. Neither the provider or Justice Solutions Group will not be responsible for any loss or damage caused by the use of this data. The client agrees that they will not request nor be granted the contact information of any third party vendors utilized by Justice Solutions Group.
12. Confidentiality of Client Information and Company Information:
a. The Client hereby acknowledges that California Business and Profession Codes 7539(a) mandates that investigative services are bound by client privilege with specific exceptions; “Any licensee or officer, director, partner, or manager of a licensee may divulge to any law enforcement officer or district attorney, or his or her representative, any information he or she may acquire as to any criminal offense, but he or she shall not divulge to any other person, except as he or she may be required by law so to do, any information acquired by him or her except at the direction of the employer or client for whom the information was obtained.”
b. The Client also hereby agrees that unless required by law or as necessary for identification by the court, clients are hereby prohibited from personally identifying Justice Solutions Group, it’s agents, employees, vendors and associates to any family members, friends, associates, suspects or subjects being investigated during or after the investigation. Clients shall not disclose the names or personal contact information of any agents or employees of Justice Solutions Group to ANYONE with the exception of their legal counsel and to the Court as necessary to establish legal authority/cause. Any damages including disruption of business, reputation and or/physical harm to Justice Solutions Group or its employees, agents and representatives due to unauthorized and/or intentional disclosure of their identifying information by clients may result in civil action taken against the client by the Company and/or its owners, employees and agents.
13. Statement of Legal and Ethical Use of Information:
a. As a condition of services provided by Justice Solutions Group and in consideration of being accepted as a client, the client hereby agrees that the information provided to the client about any individual subject, their businesses and any other private information to only be used in a legal and ethical manner, consistent with local, state and federal laws.
b. The client agrees that information regarding a subject’s personal information obtained by Justice Solutions Group and provided to the client is only to be used in legitimate legal proceedings where the information is relevant to the court’s requests, by the client’s legal counsel or by recovery agents to facilitate/enforce a judgement, claim, or to serve process. clients MAY NOT in any way utilize information obtained by Justice Solutions Group to harm, harass, intimidate, or otherwise bother persons or businesses, their employees, agents, associates or affiliates of subjects identified either directly or indirectly. This includes but is not limited to phone calls, texts, email, social media posts and communication and/or physical contact made either by the client or friends, family members, agents, employees or associates of the client.
c. The client agrees to not use any information provided by the company in regard to employment decisions regarding a subject, or provision of credit to a subject. Use of this information is strictly prohibited from use of determining credit worthiness or employment under the Fair Credit Reporting Act, unless the client has specifically requested as such in regard to vetting of a corporate director or officer, which at that time they will be provided the appropriate forms for subjects undergoing such investigation by agents of the company.
14. Non-Disparagement, Non-Harassment, Libel and Slander
a. During the course of investigation and thereafter, the client agrees to take no action which is intended or would reasonably be expected, to harm the company or its reputation or which would reasonably be expected to lead to unwanted or unfavorable publicity to the company, its owners, agents, employees, associates or affiliates. This includes any forms of libel or slander. This also includes but is not limited to: contacting other clients either by phone, email, mail or other means, the creation of negative, disparaging or untrue social media postings and reviews on the company’s public internet pages or private applications with public access including but not limited to: Yelp.com, Google.com, Facebook.com, Twitter.com, AngiesList.com, BBB.org or other such sites.
b. The Company reserves the right to fully investigate any instances of negative or unfavorable postings that appear on its public internet pages and/or posts on personal pages or applications such as Instagram or Snapchat. Any postings identified by the Company as disparaging and any indications of libel or slander can and will be investigated, and any/all postings identified as having originated from the client’s computer, networks, devices, or by devices, networks or computers of their agents, employees, associates, clients, customers or affiliates of the client may result in the Company taking civil action to protect its reputation, assets and interests, as well as recovery of any damages incurred. Furthermore, any action deemed as criminal in nature such as threats of death or bodily harm will be immediately reported to local, state and federal law enforcement agencies.
15. Release and Hold Harmless:
As a condition of service with The Company and in consideration of being accepted as a client, The Client hereby releases all claims and holds harmless The Company, its employees, agents, associates, and affiliates from any and all liabilities, damages, expenses, cost, claims and causes of action that the client, or other parties may have or claim to have now or in the future against The Company and its employees, officers, directors, committee members, representatives, affiliates and volunteers arising from or connected with the services performed for the client.
16. Early Termination, Rescheduling and Re-Allocation of Retainer:
a: Early Termination (Surveillance) – Termination of Surveillance activities with less than 24 hours written notice will result in forfeiture of 50% of the initial retainer amount. Alternately, the client may elect to utilize the service at a different time. (See subsection c and subsection d)
b: Early Termination (All Other Work) – Termination of all other work (field investigation, background checks, asset checks, etc.) will result in the forfeiture of 100% of the retainer received.
c. Rescheduling (Surveillance) A request to reschedule surveillance due to new intelligence, etc within 12 Hours of the surveillance commencing will result in a $250 re-assignment fee.
d. Re-Allocation of Unused Retainer – The Client may elect to re-allocate any portion of an unused retainer towards alternative services without incurring an Early Termination Fee for Surveillance or other investigative work.
a. If any court or competent authority finds that any provision of this agreement (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of this agreement shall not be affected.
b. If any invalid, unenforceable or illegal provision of this agreement would be valid, enforceable and legal if some part of it were deleted, the parties shall negotiate in good faith to amend such provision such that, as amended, it is legal, valid and enforceable, and, to the greatest extent possible, achieves the parties’ original commercial intention.
By signing below, both parties agree to the terms of the agreement included herein.
The signers also agree that as necessary, they have the legal authority to act on behalf of the organization represented below, and are identified by their company/organization as having legal authority to sign contracts on its behalf as identified by their company guidelines and applicable local, state and federal laws.
On behalf of: The Client
Name: _________________________ | Title: ____________________ | Date Signed: ________
On behalf of: The Company
Name: ___________________ Date Signed: ___________