TelaClient consultation appointment
CLIENT RETAINER AGREEMENT
SCOPE OF WORK:
CLIENT has requested general conversation with AGENCY to discuss various matters with a person provided by the AGENCY, who may have some knowledge and/or experience in the subject matter selected by the CLIENT. The parties hereby agree that the following services have been requested by CLIENT under this Agreement and will be provided by AGENCY, based on an appointment requested by the CLIENT.
CLIENT requests that AGENCY provide certain general information relative to the subject matter selected and offered by the CLIENT. CLIENT agrees that they will receive this information with discretion, understanding that it does not represent a definitive evaluation nor solution to the needs of the CLIENT. The information is provided as a supplement, alternate opinion, general guidance for the CLIENT to possibly have additional understanding of the industry represented by the AGENCY representative, not a specific opinion of the CLIENTS disposition.
While the representative made available by AGENCY may have specific knowledge, experience, or license in the industry selected by the CLIENT, the representative is not acing at the hired agent or licensee of the CLIENT.
CLIENT agrees to perform all other sufficient due diligence needed to act or decide on their particular needs as if they had not received any suggestions made by the representative of the AGENCY.
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 the CLIENT has a situation which involves any imminent physical danger, pending financial damages, or other significant risk, CLIENT should immediately contact the appropriate law enforcement agency (911), an qualified attorney, or other trained professional AGENCY is not a provider of solutions for any immediate, urgent, crisis, or serious harm or danger. AGENCY does not provide emotional counseling or therapy. CLIENT should not make any actions, scheduling of decisions, or other important reliances contingent on the successful execution of the consultation appointment.
USE OF SUBCONTRACT AND/OR ADDITIONAL INVESTIGATORS:
CLIENT agrees that AGENCY, at AGENCY’s sole discretion, will provide a representative for the consultation. The selection of the representative is entirely subjective based on the subject matter chosen, and time available. The representative may be an employee, contractor, or other third party.
CLIENT must provide AGENCY with a minimum (72) hour notice in case of any cancellation of scheduled appointment. No rescheduling will be made for a consultation if the CLIENT fails to give (72) seventy two hours notice to AGENCY. Cancellations made at least 72 hours will be entitled to a rescheduled appointment at no additional charge, at the AGENCY convenience.
CLIENT EXPRESSLY AGREES THAT IN THE EVENT CLIENT EXECUTES THIS AGREEMENT AND THEN WISHES TO CANCEL THE SERVICES AGREEMENT ONCE AGENCY HAS SCHEDULED SUCH APPOINTMENT, THAT THE RETAINER FEE SHALL BE PAID TO AGENCY AS A FEE FOR ALLOCATING TIME FOR THE PROPOSED CONVERSATION.
CLIENT further agrees that the following provisions shall also apply to all fees due from CLIENT under this agreement:
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 APPOINTMENT. 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 CONSULTATION APPOINTMENTS 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.
Any licenses held by the AGENCY, or representatives are for the benefit of the client ONLY to the extent that they demonstrate some knowledge of the subject matter, NOT to confer license requirements obligations or contractual obligations in favor of the CLIENT or other third party.
Indemnity Regarding Use of Services.
To the extent permitted by law, Customer agrees to indemnify, hold harmless, and defend Company, its employees, heirs, successors, assignees and/or agents from and against all losses, claims, liabilities, and expenses, including reasonable attorney fees, if any, which may suffer or incur in connection with Customers use or misuse of the services provided.
CLIENT understands that any information or suggestions made by the AGENCY representative are not to be considered to be legal advice, financial advice, medical advice, or other tangible representations solely to be relied upon by CLIENT for decision making. All information provided by AGENCY should be confirmed and independently verified by CLIENT as appropriate for use by CLIENT prior to acting or deciding on the information.
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 appointments, 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.ENTIRE AGREEMENT
All 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.
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.
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 request this appointment. 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.