Private Investigator Agreement
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Agreement
This Private Investigator Services Contract (this "Agreement"), is entered into by and between Salt Lake Investigations LC (SLI), and You (hereinafter referred to as "Client").
Payment Terms:
Hourly Rate:
- Services will be billed at an hourly rate of $125.00 per hour for each investigator involved in the investigation.
GPS Tracking Fees:
- The use of GPS tracking units will be billed at $65.00 per unit per day.
Billable Expenses:
- All time spent on your case, including but not limited to:
- Conducting court searches
- Database searches
- Computerized research fees
- Report briefing fees
- Social media searches
- Online research time
- Mileage fees at 65 cents per mile driven
- Travel time
- All communications with Salt Lake Investigations LC
- Other applicable fees and costs associated with the investigation
Billing and Payment:
- Invoices for services rendered will be issued upon completion of work or at regular intervals, as determined by Salt Lake Investigations LC.
- Payment for all invoices is due upon receipt. You agree to pay all invoiced amounts promptly.
- If payment is not received within fifteen (15) days from the date of the invoice, an interest charge of one and one-half percent (1 1⁄2 %) per month will be applied to the outstanding balance, compounded monthly.
Collection Efforts:
- In the event that collection efforts become necessary, either through legal action or otherwise, you agree to reimburse Salt Lake Investigations LC for all costs and fees associated with such efforts, including attorney fees.
Service Cancellation:
- Once services have commenced, they cannot be canceled without payment. The Client understands that payments are for services rendered, not for products, and therefore, no refunds will be issued for services that have already begun.
Acknowledgment:
The Client acknowledges and agrees to these payment terms, understanding that failure to adhere to these terms may result in the cessation of investigative services, potential interest on late payments, and responsibility for collection costs.
Testimony and Related Expenses Clause
Testimony Fees:
- If the Investigator(s) from Salt Lake Investigations LC is required to testify in court, at a deposition, or in any other legal proceeding, the Client agrees to compensate Salt Lake Investigations at the rate of $200 (each investigator) per hour for:
- Time spent testifying
- All time spent in the courtroom or deposition room, including waiting periods.
Preparation Fees:
- Any preparation time for testimony, whether for trial, hearing, or deposition, will also be billed at $200 per hour.
Travel and Expenses:
- All travel time associated with appearing for testimony will be charged at $200 per hour.
- The Client further agrees to reimburse travel-related costs, including:
- Mileage at 65 cents per mile
- Hotel accommodations
- Air travel expenses
- Meals and incidental expenses
Billing:
- Salt Lake Investigations will provide the Client with an itemized invoice for all time and expenses related to testimony and travel.
- Payment for these services and expenses is due upon receipt of the invoice.
No Guarantee Clause:
Non-Contingent Fees: The Client expressly acknowledges that the fees charged by Salt Lake Investigations LC (SLI) for its services are not contingent upon the outcome, results, or success of the investigation. Payment for services rendered is due regardless of the results obtained.
No Warranty or Guarantee: SLI makes no warranties, guarantees, or representations of any kind, whether express or implied, regarding the results of this investigation. This includes, but is not limited to, the accuracy, completeness, or usefulness of the information gathered.
Information Verification:
- SLI will use its best efforts to verify the accuracy of the information provided by the Client.
- If during the course of the investigation it is found that the information provided by the Client is incorrect, SLI is authorized to correct such information to facilitate the continuation of the investigation without prior notification to the Client.
Liability for Information:
- SLI assumes no liability for the accuracy of any information it modifies, obtains, or provides as part of this investigation.
- The Client acknowledges that any decisions made or actions taken based on the information provided by SLI are at the Client’s own risk.
Investigative Discretion:
- SLI will exercise professional judgment in directing the course of the investigation.
- The Client hereby authorizes SLI to make such decisions as it deems necessary to conduct the investigation effectively.
Legal Advice:
- The Client understands and agrees that SLI is not a law firm, does not provide legal services, and any information provided should not be construed as legal advice.
- If legal advice is required, the Client is responsible for obtaining it from a licensed attorney.
The Client acknowledges:
- Understanding that SLI cannot control the actions of subjects or the availability of information.
- That no guarantee of specific outcomes or results from the investigation is made.
- The Client will not hold SLI liable for the results of the investigation or any decisions made based on the information provided.
GPS and Digital Technology Limitations Clause:
Technical Limitations: The Client understands that the use of GPS tracking devices, digital devices, and associated technology is subject to various technical limitations and potential malfunctions, which include, but are not limited to:
- Signal interference or loss
- Battery failure or depletion
- Software bugs or malfunctions
- Environmental factors affecting device performance
- Human error in device operation or data interpretation
Efforts for Proper Functioning: Salt Lake Investigations LC (SLI) will employ reasonable efforts to ensure the proper installation, calibration, maintenance, and operation of GPS tracking devices and associated technology.
No Guarantee of Service: However, SLI does not and cannot guarantee:
- Uninterrupted or continuous operation of the devices and technology.
- The accuracy, completeness, or timeliness of the data collected.
- That the devices will not be detected or tampered with by the subject or third parties.
Liability Waiver: The Client acknowledges and agrees that:
- SLI shall not be held liable for any incidental, consequential, or direct damages, losses, or expenses resulting from technical failures, including but not limited to:
- GPS tracking device failure
- Signal loss or degradation
- Battery depletion
- Incomplete or inaccurate data collection
- Device tampering or loss
Payment Obligations: The Client remains responsible for payment of all fees and expenses as outlined in this agreement, irrespective of any technical issues that may arise during the course of the investigation. This includes, but is not limited to, the cost of the device rental or purchase, installation, data retrieval, and any related service fees.
Acknowledgment: The Client:
- Acknowledges the inherent risks associated with the use of GPS and digital tracking technology.
- Confirms that they have been advised of these risks and agrees to proceed with the understanding that SLI is not responsible for technical shortcomings outside of its control.
- Agrees to hold SLI harmless for any issues stemming from the use of such technology.
No Illegal Or Unethical Services Clause
Compliance with Laws: Salt Lake Investigations LC (SLI) strictly adheres to all applicable local, state, and federal laws, regulations, and best practices in the performance of its services. SLI will not engage in or provide any services that violate these legal standards.
Client Certification: By entering into this Agreement, the Client certifies that they are not requesting, nor do they intend to use the services of SLI for any illegal or unethical activities. The Client further agrees to use any information or evidence provided by SLI only in compliance with the law.
Right to Decline or Terminate Services:
- SLI reserves the right to decline or terminate, without notice or liability, any assignment or request that it reasonably believes to be illegal, unethical, or potentially detrimental to its business, reputation, or the safety of its employees or agents.
- If termination occurs due to this clause, the Client will be responsible for all services rendered up to the point of termination.
Legal Use of Information:
- The Client agrees to use the information obtained through SLI's services solely for lawful purposes, including but not limited to, legal proceedings, personal protection, or other legally permitted uses.
- The Client acknowledges that SLI does not guarantee specific results from surveillance or investigations, as outcomes are subject to the availability of information, the actions of the subject(s), and other uncontrollable factors.
Regulatory Compliance: The Client understands and agrees that all investigative requests must comply with:
- The Fair Credit Reporting Act (FCRA)
- The Fair Debt Collection Practices Act (FDCPA)
- The Gramm-Leach-Bliley Act (GLB)
- All other relevant federal and state laws
Confidentiality and Integrity: SLI will maintain the confidentiality of the investigation and the information gathered to the extent permitted by law. The Client agrees not to use the information for any purpose that would breach privacy or other legal rights of individuals.
Acknowledgment: The Client acknowledges that:
- The effectiveness of the investigation is contingent upon available resources, time constraints, and legal limitations.
- They have a responsibility to ensure that the investigation does not infringe upon the rights of others.
Restraining and Protective Orders Clause
Certification: The Client certifies that, to the best of their knowledge and belief, the subject(s) of the investigation do not currently have an active protective order, restraining order, or stalking injunction against the Client or any other person.
Disclosure of Existing Orders: The Client affirms that there are no existing court orders known to them that would prohibit or limit the actions of Salt Lake Investigations LC in conducting this investigation.
Notification of New Court Orders: The Client agrees to:
- Immediately notify Salt Lake Investigations LC if they or any party involved in the investigation obtain or become aware of any new restraining orders, protective orders, stalking injunctions, or any other relevant court orders against the Client, Salt Lake Investigations LC, or any person associated with the investigation.
- Provide Salt Lake Investigations LC with a copy of any such orders within 24 hours of becoming aware of them.
Impact on Investigation:
- Compliance with Orders: Salt Lake Investigations LC will comply with all legal orders and will not conduct any activities that would violate such orders.
- Termination of Services: In the event that a restraining order, protective order, or stalking injunction is granted by the court to the Client or to any individual who is the subject of the investigation:
- Salt Lake Investigations LC reserves the right to immediately terminate services without further obligation if compliance with the order would prevent the completion of the investigation or if continuing the investigation would put the firm or its agents at legal risk.
- The Client shall be liable for all services rendered up to the point of termination.
Indemnification: The Client agrees to indemnify, defend, and hold harmless Salt Lake Investigations LC and its investigators, employees, contractors, and authorized third parties from any claims, damages, or legal actions arising from the failure to disclose existing orders or from the Client's or any third party's actions in obtaining such orders that were not previously disclosed.
Acknowledgment: The Client acknowledges and understands that:
- Failure to disclose or provide timely notification of such orders may result in the immediate cessation of investigative services.
- This could potentially involve Salt Lake Investigations LC in legal proceedings if the investigation inadvertently breaches an order that was not disclosed.
Client Interference Clause
Definition of Interference: The Client acknowledges that any interference in this investigation by the Client or by the Client’s friends, relatives, agents, or employees will jeopardize the ability of Salt Lake Investigations LC to provide the services promised under this Agreement. Interference includes, but is not limited to:
- Physical Presence:
- Driving past locations under surveillance or visiting locations near the location under surveillance.
- Following or attempting to ride along with investigators during surveillance or investigative activities.
- Communication:
- Contacting Salt Lake Investigations LC and/or its employees and contractors while they are trying to perform investigative duties and/or surveillance.
- Disclosing any details of the investigation to the subject of the investigation, any third party, or through any medium including social media, without express written consent from Salt Lake Investigations LC.
- Disclosure:
- Informing the subject of the investigation or any third party about the existence or details of the investigation.
- Influencing, tampering with, or contacting witnesses or persons of interest related to this investigation without prior written consent.
- Online and Social Media Activity:
- Posting information online that could alert the subject of the investigation or influence the investigation's outcome.
Acknowledgment: The Client acknowledges understanding that any form of interference as described above can lead to:
- Termination: Immediate termination of this Agreement without refund for services not yet rendered.
- Additional Fees: Additional charges for any extra time, expenses, or efforts needed to mitigate the effects of the interference.
- Withholding of Results: Refraining from releasing any findings of the investigation until all fees related to the interference are settled.
- Legal Action: Salt Lake Investigations LC may seek legal remedies to recover costs or damages resulting from such interference.
Privacy and Security: The Client understands that interference could compromise the privacy and security of the investigation subject, Salt Lake Investigations LC, and involved parties, potentially leading to legal repercussions for all involved.
Immediate Reporting of Interference: Should any unintentional interference occur, the Client must report it to Salt Lake Investigations LC as soon as possible to allow for corrective action to be taken.
Non-Interference Clause Survival: This clause shall remain in effect during and after the conclusion of the investigation to ensure the integrity of all collected data and the safety of all parties involved.
Indemnification for Interference: Any interference which results in claims, legal actions, or additional costs against Salt Lake Investigations LC shall be subject to the indemnification provisions of this Agreement, where applicable.
Confidentiality Clause
Disclosure for Investigation:
- Salt Lake Investigations LC (SLI) may engage private investigators, researchers, databases, or other third parties to assist in conducting the investigation on behalf of the Client.
- The Client hereby authorizes SLI to disclose information, which may include personal and confidential information, to these parties for the purpose of executing the investigation.
SLI is authorized and will release findings, reports, and information gathered during the course of the investigation if required by law or court order.
Legal and Attorney Disclosure:
- SLI is authorized to discuss the case, share findings, and exchange all relevant information with the Client's Attorney as necessary.
- The Client agrees that any such disclosure to their legal counsel does not constitute a breach of confidentiality under this Agreement.
Protection of Information:
- SLI will take reasonable precautions to protect the confidentiality of the Client's information, in accordance with industry best practices and applicable privacy laws.
Client Consent:
-The Client acknowledges and agrees to the terms of this confidentiality clause, understanding the necessity of sharing information with necessary third parties for investigation purposes, the client's attorney, and when required by law or court order.
Hold Harmless and Indemnification Agreement:
The Client agrees to indemnify, defend, and hold harmless Salt Lake Investigations and its investigators, employees, contractors, and authorized third parties from any and all claims, actions, damages, liabilities, losses, and expenses arising from this investigation or any actions taken within the scope of the agreed services, including but not limited to:
- Allegations of harm or distress by the investigation subject or other third parties, including but not limited to claims by third parties, governmental entities, or any other person or entity;
- Associated legal fees and costs, expenses, judgments, fines, settlements, loss, damages, or any other type of expense;
- Claims or liabilities arising from the negligence of Salt Lake Investigations.
The Client understands that Salt Lake Investigations cannot guarantee the desired results and agrees to pay for any and all results, known or unknown.
- Insurance: The client agrees to maintain adequate insurance coverage for all activities related to this agreement where such coverage might be necessary due to the nature of the investigation.
- Confidentiality The Client will indemnify Salt Lake Investigations for any breaches of confidentiality or any agents acting on the Client's behalf.
- Survival: This indemnification shall survive the termination or expiration of this Agreement.
- Cumulative Remedies: The rights and remedies provided in this Hold Harmless agreement are cumulative and not exclusive of any other rights or remedies provided by law.
- Governing Law: This Agreement, including this Hold Harmless clause, shall be governed by the laws of the State of Utah.
- Notice of Claims: The Client shall promptly notify Salt Lake Investigations of any claim, action, or demand arising from or related to this investigation.
- Control of Defense: Salt Lake Investigations shall have the right to control the defense and settlement of any claim subject to this indemnification at the Client's expense.
Arbitration and Mediation Clause
Mediation:
Notice of Dispute: Should any dispute arise out of or relate to this Agreement, or the breach thereof, the party asserting the dispute shall provide written notice to the other party, specifying the nature of the dispute and the relief sought.
Mediation Requirement: Within thirty (30) days after such notice, the parties agree to participate in mediation in good faith. Mediation shall be conducted in Salt Lake City, Utah, or another mutually agreeable location within Utah, and shall be administered by the American Arbitration Association (AAA) under its Mediation Procedures.
Mediator: If the parties cannot agree on a mediator, the AAA will appoint one based on the subject matter of the dispute.
Costs: Each party shall bear its own costs and legal fees associated with mediation, and the mediator's fees shall be split equally.
Arbitration:
If the dispute is not resolved through mediation within forty-five (45) days from the initiation of mediation, or if either party refuses to participate in mediation:
Binding Arbitration: The dispute shall then be referred to and finally resolved by binding arbitration administered by the AAA under its Commercial Arbitration Rules, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
Location: The arbitration shall take place in Salt Lake City, Utah, or at any other location within Utah as mutually agreed upon by the parties.
Arbitrator Selection: The arbitration shall be conducted by one arbitrator selected according to the following procedure:
If the parties can agree on an arbitrator within thirty (30) days from the date mediation fails or is deemed unsuccessful, the arbitration shall proceed with this arbitrator.
If not, the AAA shall appoint the arbitrator.
Applicable Law: The arbitration shall be governed by the laws of the State of Utah, without regard to its conflict of law provisions.
Costs: The client is responsible for all costs associated with arbitration, including but not limited to arbitrator fees, administrative fees of the AAA, and any other reasonable expenses incurred by the Private Investigator in the arbitration process.
Collection Efforts:
Small Claims Exception: Notwithstanding the arbitration clause, Salt Lake Investigations may elect to pursue collection of payments in the small claims court in Utah for disputes where the amount in controversy does not exceed the jurisdictional limit of the small claims court.
Collection Fees and Attorney Costs: In the event of non-payment or any dispute regarding payment:
The client agrees to pay all costs of collection, including but not limited to court costs, collection agency fees, and any other expenses reasonably incurred in the collection of any amount due.
The client shall also be liable for all attorney fees, costs, and expenses incurred by Salt Lake Investigations in arbitration, mediation, or small claims court proceedings for the collection of any owed amounts.
Waiver of Jury Trial:
Waiver: By agreeing to this arbitration clause, the parties waive any right to a jury trial on all matters within its scope, except as noted for small claims court for collections of payment.
Signatures:
This contract may be signed electronically or in hard copy. If signed in hard copy, it must be returned to the Business for valid record. Electronic signatures count as original for all purposes.
By typing their names as signatures below, both parties agree to the terms and provisions of this agreement.
Blake Buckland
Owner
Salt Lake Investigations
Client Signature:
