ACTIVE INTEL INVESTIGATIONS, INVESTIGATIVE SERVICES
CLIENT RETAINER AGREEMENT
This Agreement is entered into on the date order is placed and subsequently accepted, by and between Active Intel Investigations, herein referred to as (AGENCY), and (CLIENT).
SCOPE OF WORK:
CLIENT retains AGENCY to conduct an investigation as selected and ordered. 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 investigative services have been requested by CLIENT under this Agreement and will be provided by AGENCY if accepted to, 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. The investigation is directed towards assets, whereabouts, activities, and circumstances in Florida and Texas primarily. Information and data may also be developed in all 50 states derived from this primary licensed research.
CLIENT requests that AGENCY investigate the case as provided by CLIENT. As such, CLIENT requests that AGENCY initiate investigation commencing as of the date and time of order. AGENCY may employ efforts including research, surveillance, witness interviews, subject interviews, data analysis, factual research, intelligence gathering, electronic discovery, and other appropriate investigative methods it deems appropriate in attempting to obtain information requested by CLIENT.
IF CLIENT IS AN ATTORNEY OR LAW FIRM AND HAS CONTRACTED FOR THE SERVICES OF INVESTIGATOR TO ASSIST SAID ATTORNEY OR LAW FIRM IN ANY WAY IN ANY MATTER ON BEHALF OF THE ATTORNEY OR LAW FIRM’S CLIENTS OR IN ANY CASE BEING HANDLED BY THE ATTORNEY OR LAW FIRM, THEN THE ATTORNEY OR LAW FIRM HEREBY EXPRESSLY ACKNOWLEDGES, COVENANTS, AND AGREES THAT THE OBLIGATION OF THE ATTORNEY OR LAW FIRM TO PAY THE INVESTIGATOR FOR SERVICES RENDERED IS AN OBLIGATION SOLELY OF THE ATTORNEY OR LAW FIRM AND IS IN NO WAY CONTINGENT ON (1) ANY PARTICULAR RESULT OR OUTCOME OF THE INVESTIGATION, OR (2) THE ATTORNEY OR LAW FIRM BEING PAID BY ITS CLIENT, OR (3) THE ATTORNEY OR LAW FIRM’S CLIENT BEING SATISFIED WITH THE RESULTS OR OUTCOME OF THE INVESTIGATION.
USE OF SUBCONTRACT AND/OR ADDITIONAL INVESTIGATORS:
CLIENT agrees that AGENCY, at AGENCY’s sole discretion, may use sub-contracted investigators, and may immediately engage one or more additional investigator(s), at the agreed upon rate and billed in addition to the hourly investigator rate, (within the authorized budget) which CLIENT hereby AGREES to pay in the course of any assignment where AGENCY determines that one or more additional investigator(s) is needed immediately, such as when a separate investigator is needed to initiate an undercover inquiry, or the subject of our investigation leads the AGENCY to an unusually difficult setting, such as downtown office buildings, airport, public amusement / entertainment / sporting events, etc.
CLIENT recognizes that AGENCY will likely incur expenses directly associated with conducting said investigation. As such, CLIENT shall be responsible for all reasonable expenses, including, but not limited to mileage, (.65 per mile) tolls, parking, overnight accommodations, meals*, admission fees, videotapes, CD’s, DVD’s, photographic film and processing, long distance telephone charges, public/private transportation, confidential source fees, or any unforeseen expenses necessary to acquire information as requested by CLIENT. Mileage shall be invoiced at the rate of .65/mile starting from the AGENCY place of business in Orange, California. *Daily per-diem for food on overnight assignments is $35. per investigator.
CLIENT must provide AGENCY with a minimum seventy two (72) hour notice in case of any cancellation of scheduled activity. A (4) four-hour minimum charge will be imposed for each investigator if the CLIENT fails to give (72) seventy two hours notice to AGENCY. Emergency cases (short notice) less than (72) twenty four hours from notice to initiation of case will be billed at (1½) one and one half times the hourly rate above for the first (4) four hours per investigator and regular stated rates after the first (8) eight hours. A (4) four hour minimum per investigator per day will be imposed. All courtroom and deposition fees are due in advance. A retainer for the amount must be received 7 days prior to scheduling the investigator(s) for court or deposition. We are not responsible for court delays or cancellations. Forty-eight (72) hours notice is required in the event of a cancellation; otherwise your account will be invoiced for each investigator for each day or portion scheduled. Orders, once placed, are non-refundable.
CLIENT EXPRESSLY AGREES THAT IN THE EVENT CLIENT EXECUTES THIS AGREEMENT AND THEN WISHES TO CANCEL THIS INVESTIGATIVE SERVICES AGREEMENT ONCE AGENCY HAS BEGUN OR SCHEDULED SUCH SERVICES, THAT THE RETAINER FEE SHALL BE PAID TO AGENCY AS A CASE INTAKE FEE.
CLIENT further agrees that the following provisions shall also 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 of said invoice. 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 of the invoice.
4. AGENCY reserves the right to require payment in advance for excessive investigative expenses.
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 72 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 72 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 and CLIENT will forfeit any unused portion of the retainer.
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/it 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 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.
AGENCY will generate a written report 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 insure 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 over the content. Reports may also include photographs and video tape. CLIENT understands that surveillance tapes 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 statutes. Therefore, CLIENT understands that AGENCY fees are not contingent upon the acquisition of any photos or video. No “Audio” recordings will be made relative to surveillance tapes. Original videotapes and/or negatives will not be released to CLIENT, but will remain the property of AGENCY until such time as required to be surrendered in court as evidence. Copies for the purpose of the CLIENT’s review will be made at the CLIENT’s request and expense.
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 THEREOF. Original videotapes and/or negatives will not be released to CLIENT, but will remain the property of AGENCY until such time as surrendered in court as evidence. Copies for the purpose of the CLIENT’s review will be made at the CLIENT’s request and expense.
ACCURACY OF INFORMATION SOURCES
Database search reports are performed strictly by the information provided on the subject by the CLIENT. Any error in spelling, format or sequence of letters, words or numbers can result in wrong information on the subject. Data is supplied from different private sources, computer systems, public information facilities, government open record institutions and might also contain confidential source information. All attempts are made to maintain the integrity of this data. AGENCY cannot be held liable for inaccuracies contained in public record information or databases accessed. Furthermore, information has been gathered from sources and individuals deemed reliable by AGENCY; however, no guarantee, warranty, or other representation is made as to the accuracy of information received from third parties, or its suitability for any particular purpose. If the information reported is not “Original Source” information, it is strongly recommended that any information gathered be cross-referenced with “Original Source” information.
RESPONSIBLE USE OF INFORMATION
AGENCY is NOT a consumer reporting AGENCY. AGENCY promotes the responsible use of the information that it provides, and reserves the right to withhold information for which AGENCY deems is outside the scope of a permissible purpose or otherwise defined by state and federal law and/or regulation. “Confidential Information” shall not include such information as is or becomes part of the public domain through no action of AGENCY. The CLIENT is responsible to safeguard the information provided from unauthorized third party disclosure as defined by the Gramm-Leach-Bliley Act (GLBA), Fair Credit Reporting Act (FCRA), Fair and Accurate Credit Transactions Act (FACTA), Drivers Privacy Protection Act (DPPA) and Right to Financial Privacy Act (RFPA) and applicable state and federal laws and regulations. It is incumbent upon the CLIENT and their representatives to be fully knowledgeable about such laws and regulations and/or seek legal counsel prior to dissemination of reported information. Furthermore, the CLIENT affirms the information requested and/or learned during the investigation is not to be used for harassment, stalking, intimidation, threatening or any other illegal purpose(s).
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.
Any discovered misrepresentation will result in cancellation of future investigative efforts, forfeiture of funds paid to AGENCY, and billing for additional fees.
WAIVER OF CONFIDENTIALITY
CLIENT hereby agrees that confidentially requirements of AGENCY, made by contract, statute, or other means are waived by CLIENT in the event of non-payment by client, return of payment, or claim for payment from AGENCY.. AGENCY may make information from case file available to others for the purpose of collection of funds from client, recoup of funds, or resale of information to third parties. Such third parties may include but are not limited to counterparties, advertisers, opposing parties, media or the general public. CLIENT also agrees that AGENCY may release confidential case information in a manner that it sees fit order to dispute, defend, clarify or counterclaim statements made by CLIENT in a court process, arbitration, negotiation, financial institution, social media, or public forum. Such waivers are made by CLIENT and received by AGENCY as inducement for company to engage into the agreement with client as described. CLIENT agrees to indemnify, defend (by counsel reasonably acceptable to company) and hold harmless the AGENCY and its officers, directors, agents and employees from and against claims, damages, losses and expenses, including but not limited to attorney’s’ fees, arising out of or resulting from the release or sale of any client case information as a result of this waiver, in connection with performance of the work described in this Agreement.
This agreement is made upon the express condition that the AGENCY, its agents and employees shall be free from all liabilities and claims for damages and/or suits for or by reason of any damages, losses, injury, or death to any person or property of the CLIENT, its agents or employees, or third parties, from any cause or causes whatsoever while in or upon said premises or any part thereof, or resulting from any activity carried on by the AGENCY in connection with this agreement. CLIENT agrees to hold harmless and indemnify AGENCY from such claims.
VIDEO PHOTOGRAPHY, TAPE REVIEW & COPY CHARGES:
Charges to review, edit and copy Surveillance Tapes will be made at the rate of $ 75 – $300 per hour plus cost of media. AGENCY is entitled to bill for copies of 8mm, VHS, Mini-DVC and DVD tapes used and/or submitted to the CLIENT. Photographs, film and processing will be billed at AGENCY’s actual cost, plus a reasonable handling fee.
All investigative findings furnished to CLIENT are exclusively for CLIENT’S own use. CLIENT agrees to restrict the dissemination of said findings ONLY to third parties who have a legitimate need to know, and/or authorized by law. CLIENT will hold AGENCY harmless from damages, losses, cost or expenses, including attorney fees, suffered or incurred in connection with arising out of claims based on investigative findings provided to CLIENT, and for which CLIENT fails to keep strictly confidential. AGENCY will keep findings strictly confidential and will not disseminate or release any findings to third parties unless authorized IN WRITING by the CLIENT, or court ordered.
CREDIT CARD AUTHORIZATION
By CLIENT providing AGENCY with CLIENT’s credit card information, AGENCY is authorized to charge said credit card as AGENCY may deem necessary to pay off any outstanding balances, additional requested services by CLIENT, court appearances, or any appearance requested by any party associated with this investigation. CLIENT further acknowledges that AGENCY fees are based on information, whether negative or positive to CLIENT’s case, along with accrued time and expenses. AGENCY shall be entitled to all invoiced fees regardless of the value of the information developed by AGENCY. CLIENT waives any right to dispute or “chargeback” on any credit card charges made by AGENCY that can be justified with an invoice. CLIENT understands that any dispute of charges can and will be resolved in small claims court and not through the credit card company for the card provided to AGENCY.
This Agreement shall be governed by the laws of the State of Florida. CLIENT hereby agrees that in the event of any litigation regarding fees owed to AGENCY, that jurisdiction and venue shall be in Palm Beach County, Florida.
This being our the entire Agreement of both parties is expressed in this document and no verbal understandings, agreements or other documents shall alter, modify or change the terms of this contract. CLIENT agrees that AGENCY may assign this agreement to a subcontractor in part or whole to complete this assignment, but at all times, AGENCY will continue to meet the terms and conditions of this agreement.
This agreement is binding for the benefit of and upon the parties hereto, their heirs, executors, assigns, legal representatives, and successors. As to terminology context in this agreement, singular shall mean plural and vice-versa. Terms used in the male gender serve as function words and do not denote a specific gender but the CLIENT as an individual or entity.
CLIENT has had the opportunity to read this Agreement in full and the option to have it reviewed by an attorney. Having no unanswered questions, CLIENT hereby authorizes this investigation and agrees to all the terms and conditions listed herein. By signing this Agreement, I as CLIENT hereby personally certify and affirm that the information supplied above is true and accurate to the best of my knowledge at this time. I further represent and affirm that I am authorized to order this investigation and financially contract for this assignment. In the event my company fails to pay for said investigation, I shall be personally responsible for any and all financial obligations associated with this investigation. I also understand that my knowingly supplying false or misleading information may result in my case being rejected and/or terminated. I will forfeit any and all funds that may have been paid to AGENCY pertaining to this case if any information is discovered to be false, misleading, or compromising the ethical and/or legal obligations of AGENCY in the sole opinion of AGENCY.