Fox Investigations LLC
THIS SERVICES AGREEMENT (“Agreement”) is made and entered into by and
between Fox Investigations LLC hereinafter referred to as “AGENCY” and the
client (its parent, subsidiaries, predecessors, successors, affiliates, directors, officers, fiduciaries, insurers, employees and agents (jointly “End-User”) hereinafter referred to as “CLIENT”.
This Agreement shall be effective on the date of the CLIENT's form submission with AGENCY's website or interaction with AGENCY's services(the “Effective Date”). The purpose of this Agreement is to state the terms and conditions under which the CLIENT has employed the AGENCY to perform services as investigators or investigative consults. IN CONSIDERATION of the services rendered and to be rendered to, the CLIENT does hereby assign and convey to said AGENCY, as its compensation herein the following:
CLIENT fully understands and asserts that NO representations have been made
by AGENCY to CLIENT as to the ultimate success of the investigation and that
CLIENT shall pay all fees for investigative services performed regardless of the
success of the 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 w ill 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 shall place $__________Dollars) in the possession of the AGENCY to serve as an initial retainer to specifically commence investigation on date ________________. Should the retainer be insufficient, CLIENT agrees to promptly pay the AGENCY the additional amount in full upon receipt of an invoice. CLIENT understands and agrees that a monthly interest charge of 1.5% will be applied to any unpaid balance over 30 days past due.
AGENCY agrees to notify CLIENT when 80% of the retainer as posted is exhausted. AGENCY will seize from any further investigation once the retainer has been depleted. CLIENT shall promptly pay the AGENCY any additional funds the AGENCY deems necessary to continue the investigation at CLIENT’s request. AGENCY agrees not to exceed the authorized budget and retainer without CLIENT authorization, unless the additional expenses were incurred in the process of following the subject and/or obtaining information critical to the purpose of this investigation.
Any investigation where the CLIENT wants the AGENCY to start within 48 hours shall be classified as a RUSH assignment and the retainer shall be non-refundable.
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.
CLIENT is entitled to a written report, (see fee schedule above), upon request and any pertinent documentation, as a result of this investigation. AGENCY shall provide CLIENT with investigative services which may result in: written reports, recorded statements, documents, photographic, video, audio, and related materials, as set forth by the terms and conditions below. CLIENT agrees that all reports will be submitted and received subject to the conditions of this Agreement. Reports may be delivered via US Mail, emailed, hand delivered or delivered telephonically.
AGENCY will keep the CLIENT reasonably informed about the investigation within 48 hours after the information is obtained. No verbal updates will be provided to CLIENT while AGENCY is engaged in or in the process of performing any surveillance assignments. Methods of communication for updates are e-mail, phone, and in person visits.
CLIENT would like a written report? _________YES, ________ NO. (See fee schedule above.)
Original notes or documents will not be released and remain the property of AGENCY until such time as surrendered in court as evidence. 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. 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 provide
d on the subject by the CLIENT. 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
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. 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 in
vestigative 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.
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 AGENCY 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.
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 an amount equal to one-half of 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:
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 all invoices are not paid within terms.
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. Retainer funds not expended after completion will be issued to CLIENT as a refund.
AGENCY reserves the right to require payment in advance for excessive investigative expenses.
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.
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
be comes 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. The CLIENT also will utilize information gained from these services
in accordance with above mentioned laws. 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).
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 for provided services outlined in this contract. 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.
By purchasing or interacting with AGENCY’s services, CLIENT clearly understands and agrees to AGENCY's service agreement.