You are requesting me to perform professional genealogical research for you. This agreement and the Request for Genealogical Research describe the agreement between us regarding that service. If you agree with these terms, please sign this, make a copy for yourself, and return the original to me with your research request.
I will undertake to perform research for you to the extent you have requested, using your short term and long term goals as guides. I will perform as an independent contractor in accordance with prevailing professional standards in genealogy, including the Code of Ethics of the Association of Professional Genealogists, and will use my judgment to direct the research in the most productive manner for the achievement of your goals.
Because I do not wish to duplicate work already performed, you will supply me with information already obtained to the extent possible. I do reserve the right to duplicate some research already accomplished if I feel the attending conclusions or that research are incomplete or incorrect. Our agreement will become effective when I have received your material, a signed copy of this contract and your payment to engage my services, which is not refundable after I commence work. I will contact you if I feel more work is necessary to complete the goals you have established if you have checked that, and will proceed only if you authorize additional work and payment by telephone, mail or email.
A. After I receive your materials, I will analyze the problem, complete the research, and present to you your desired product, including documentation of sources and a summary of the research with the basis of my conclusions, suggestions for further research and copies of relevant documents which have been compensated for. Simple requests, of course, will take much less time and will not have any formal report explaining them.
In some circumstances, I will include some up-to-date pedigree charts and family group sheets to illustrate where the research has developed, but these charts are not to be construed as evidence of the data contained on them. Evidence of the facts, if it exists, is in the body of the information provided.
I strive to use original sources (such as vital records) in gathering evidence of facts. However, because of financial or time constraints, you may be satisfied with derivative evidence (such as compiled sources, i.e., genealogies, town histories, etc.). The customer agrees that I will use my judgment, based on time constraints, to gather the best evidence possible for the stated goals within the time allowed.
I will strive to get your information to you as quickly as possible. My goal is to get the information to you within 90 days or sooner, but occasionally factors may lengthen that time, sometimes 120 days or longer. I will attempt to contact you when events interfere with the timeliness of reporting, and I appreciate your patience with the process.
A fee is charged of $ 40.00 per hour. If you are taking advantage of a special offer, please describe: ____ hours for $______ or Package _____. The fee covers research and all related activities including reporting, analysis, data entry, reading and interviewing. Any retainer is non-refundable once research is begun. Photocopies, certificates and other requested or required items are in addition to these fees, and you have specified on the Request for Genealogical Research page the maximum to use for these.
There is a charge of $ 1.00 per mile for research-related travel.
Reimbursement of out-of-pocket expenses including photocopies (1 for research and 1 for you of each item) will be billed at $ 0.25 per page. Certificates and other expenses directly incurred in pursuit of a customer's research are billed at cost.
Telephone expenses are billed for the collection of data related to customer's research unless otherwise specified.
There is an additional $ 60.00 surcharge for any checks returned by the bank.
Checks, money orders, cashier's checks (in US dollars) are to be made payable to Donna Bradley. PayPal email address for PayPal payments is firstname.lastname@example.org .
All charges are to be paid prior to receipt of research information.
I will confer with you if another researcher is needed in another area if additional hands-on research is required outside of my capabilities.
When you contract for a fixed number of hours, at least half are for research and the balance for analysis and report completion. Travel time is not charged except for extraordinary trips about which you will be contacted beforehand. I strongly urge you to consider a minimum of fifteen hours initially and twenty hours for lengthy research, however, I understand that there may be reasons you wish to begin with fewer hours.
When I perform research, upon payment in full, you become the owner of that research. I retain the copyright of any reports. I reserve the right to publish portions of it, giving you the credit for underwriting the research. In addition, information you supply to me that is not a matter of public record will be held in confidence.
I retain the copyright to the reports and the manner in which I have expressed the information in it. You may make a limited number of personal copies as a “fair use” of the copyrighted report, but you agree that you will not otherwise publish or make multiple copies of the reports without my written permission. You agree that if you make any distribution of anything that includes my research, in whole or in part, you will report it accurately and credit me as the source.
Arbitration In The Event Of Disputes
Client agrees to settle any and all disputes relating to this Agreement or his/her relationship with Donna Bradley, aka People Pedigree.com by final and binding arbitration before a neutral arbitrator from The Association of Professional Genealogists. Client further agrees that such binding arbitration will be utilized for any and all previously unasserted claims, disputes or controversies arising out of or relating to client's relationship with Donna Bradley. Nothing herein shall preclude or prohibit Donna Bradley from seeking obtaining injunctive or other equitable relief.
If any provision hereof is unenforceable, illegal, or invalid for any reason whatsoever, such fact shall not affect the remaining provisions hereof.
In the event suit is brought to enforce this Agreement or to recover damages suffered as a result of a breach of this Agreement, the prevailing party shall be entitled to recover its reasonable attorney's fees and cost of suit, including all expert costs.
No Waiver Or Breach Of Remedies
No failure or delay on part of Donna Bradley or client in exercising any right, power or remedy hereunder, shall operate as a waiver thereof nor shall any single or partial exercise of any such right, power of remedy, preclude any other or further exercise thereof or the exercise of any other right, power or remedy hereunder. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Amendment Or Modification
No amendment, modification, termination or waiver of any provision of this Agreement shall be effective unless the same shall be in writing and signed by both Donna Bradley and client, nor consent to any departure by client from any terns of this Agreement shall be effective unless the same is signed by Donna Bradley. Any waiver or consent given shall be effective only in the specific instance and for the specific purpose for which it is given.
The law of the State of California shall govern the validity, construction and interpretation of this Agreement, the Courts of the State of California shall have exclusive jurisdiction over any claim with respect to this Agreement.
Number And Gender
Where the context of this Agreement requires, the singular shall mean the plural and vice-versa. References to males shall include equally to females and vice-versa.
This agreement consists of 5 pages.