Contract For Forensic Services
1. I, (your name), of (your address, city, state, zip), hereafter referred to as "Client" engage the services of Professional Ancestry Research, LLC, a Texas Limited Liability Company, PO Box 260981, Plano, Texas 75026, hereinafter referred to as "PAR," to conduct genealogical research on my behalf for the purpose of locating the next of kin of (insert name of subject here.)
2. I have provided all pertinent information in my possession regarding the subject person or family to PAR. Client acknowledges PAR will make its best efforts and exercise due diligence to locate information regarding the subject, but makes no guarantee regarding success of such research. Whether or not such research is successful, Client will be provided with a written report or affidavit (circle one) setting out the results of said research and containing such details and exhibits as appropriate.
3. Execution of this contract does not establish an attorney-client relationship between Client and PAR.
4. This Contract authorizes PAR for a maximum of _______ hours of research at $125.00/hour, reimbursement for travel at IRS allowable, and any out-of-pocket expenses at cost (database fees, copying, mailing, requests for original documents, etc.) such expenses to be limited to an additional $200.00 unless further authorized by client. PAR agrees to contact Client by phone at Client's phone number of _________ if copies or time will exceed the agreed authorization.
5. Client agrees to pre-pay the minimum fee of $500 payable by check to "Professional Ancestry Research, LLC" prior to the start of work. Client understands the minimum fee is not refundable. Client will receive an unsigned emailed report upon completion of the project and an executed notarized original via regular mail once final payment has been made.
6. Client has been informed and understands that genealogical research may uncover sensitive or unsavory information regarding the subject of research and that Client will be informed of all facts unless specifically instructing PAR to have discretion in withholding certain facts. In no circumstances will PAR release information to any third party without Client's written authorization.
7. This agreement shall be construed in accordance with the laws of the state of Texas.
8. It is agreed that PAR acts as an independent contractor and not as the employee of Client.
9. PAR retains copyright to the report or affidavit and the manner in which the information has been expressed in it. Client may make a limited number of personal copies of PAR's report or affidavit as "fair use" of copyrighted material. Client's use of the facts within the report are entirely at Client's discretion, however, the analysis and opinions expressed in PAR's report or affidavit remain the intellectual property of PAR and when cited and quoted, Client must cite PAR as the author and be quoted accurately.
10. If needed, Client agrees to execute additional documents such as a Power of Attorney to PAR to order original documents on Client's behalf. Client understands that the time frame for receiving original documents varies widely from one jurisdiction to the next, and while PAR will use its best efforts to meet Client's deadline it cannot guarantee such results.
11. Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. If a dispute arises in connection with this agreement, the losing party shall pay any and all reasonable arbitration costs, attorney's fees, and court costs that the prevailing party has incurred in connection with the enforcement of this contract.
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