This Form is for new cases only. Do not use this form unless you are requesting a new investigation. Our fees are $200 per hour with a two (2) hour minimum plus KY Sales Tax as required by HB 8. There is an additional credit card processing fee of 2.9% plus 0.30 cents that is charged by the payment gateway. Investigations that require anything between 8:00 pm or 8:00 am or weekends or holidays are subject to a surcharge of $50 per hour. Any case requiring mobile surveillance will need two investigators and a special rate of $300 per hour team rate will be applied. CLIENT always can opt for one investigator for mobile surveillance, however no refunds or rescheduling will occur in that case if the investigator is spotted or loses the subject in traffic. AGENCY will allow a reschedule if a team loses a subject.
PARTIES: This binding agreement entered into by and between Metro Investigations, LLC, a Kentucky and Indiana licensed private investigative company, hereinafter referred to as AGENCY, and the undersigned, hereinafter referred to as CLIENT. It is the intent of the CLIENT to engage the services of the AGENCY for the purpose of investigating a case for them that is described in the investigative details area below.
CONFIDENTIALITY: CLIENT agrees to protect and forever defend the confidential identity of the AGENCY and its agents, failure to do so may be grounds for terminating the case immediately. AGENCY agrees to not disclose information to nonessential third parties unless legally obligated to do so, the case becomes public knowledge or if given authorization to do so by the CLIENT.
FEES: Retainers are generally set up with a minimum of 2/ two hours of investigative time. Cases involving digital media forensics, nights, weekends or holidays are billed at a higher rate than general investigations. Please contact 502-345-9967 for the rate prior to completing this form. Once depleted, retainer may be replenished or the investigation terminated at the discretion of the AGENCY. If agreeable, the investigation may be continued after suitable payment is made. Fees and payments may be made by cash, check, credit-card and other agreed upon, on-line payment methods. CLIENT understands and agrees if payment is made in a manner or method where a processing fee is charged to the AGENCY, CLIENT shall be responsible for these fees. In situations when the fee is not known until after payment, a separate bill will be created with CLIENT agreeing to pay said fees.
EXPENSES: CLIENT recognizes AGENCY will likely incur expenses directly associated with conducting said investigation. As such, CLIENT shall be responsible for all reasonable expenses, including, but not limited to tolls, parking, meals, admission fees, CD’s, DVD’s, confidential source fees, and any unforeseen expenses necessary to acquire information or conduct the investigations as requested by CLIENT. Additional fees including motor vehicle look ups and database fees will be billed accordingly and are NOT included in any quoted fee unless specified. AGENCY agrees to obtain pre-authorization for expenses other than database charges and other reasonable expenses incurred during the course of this investigation. AGENCY will attempt to limit any unnecessary expenses and/or keep such costs at a minimum. Mileage fees are generally waived for investigations in Jefferson County, Kentucky. Those outside of the county will be billed at the rate of the IRS business mileage allowance for that year.
SURVEILLANCE: Surveillance shall be included in the hourly rate. AGENCY requires a two (2) hour minimum per day for surveillance unless the AGENCY agrees to make an exception. Surveillance activity shall be scheduled at the discretion of the AGENCY with input of the CLIENT. AGENCY will make reasonable attempts at maintaining covertness and not being detected, however makes no guarantee of not being discovered or detected. CLIENT agrees these fees may be reasonably adjusted for extreme situations or conditions. AGENCY may terminate the investigation or detail if extreme circumstances creating a dangerous situation arises. AGENCY shall be the arbitrator of the determination as to what constitutes such situation. CLIENT agrees to pay for services rendered to this point if investigation is terminated.
USE OF SUBCONTRACT AND/OR ADDITIONAL INVESTIGATORS: CLIENT agrees AGENCY, at its sole discretion, may use sub-contracted investigators and services.
REFUND, DELIVERY, CANCELLATIONS, SHIPPING AND RETURNS: See each subsection below.
a. Refund. Once investigative time is blocked off of AGENCY’S schedule to conduct an investigation, refunds are not given. In the rare occurrence that we are unable to perform, AGENCY will refund retainers minus time or resources expended to that point. Generally, pre-surveillance visits will be made to determine setup locations, communications with clients in excess of 30 minutes, skip traces, asset reports, locate reports, etc will occur prior to beginning any investigation. These services will be subtracted from any refund made.
b. Delivery. Final reports will be provided to CLIENT upon request within 7 days of the conclusion of the requested work. Cases requiring formal written reports should be requested by CLIENT early on to ensure detailed notes, time shots and video are made and retained.
c. Return policy – AGENCY does not accept returns as no physical goods are sold. Reports are considered part of the services offered and are non refundable due to costs incurred through data brokers. However, at our discretion, be given a substitute report if AGENCY provides CLIENT with an item that does not match what you purchased. For example, you order a locate report on someone and are given a report on the wrong person. You agree that you will pay the taxes and duties as required by law.
d. Cancellation. CLIENT will provide AGENCY with a minimum forty-eight (48) hour acknowledged notice in the case of any cancellation of scheduled investigative activity. Failure to do so is at the risk of not being allowed to reschedule. Notification shall be in the form of email to office@metroky.com or via text to 502-345-9967.
e. Shipping. This section applies to any physical goods that may be offered by Metro Investigations, LLC in the future. For clarity, this section applies despite any contrary terms in any invoice or purchase order. Orders are shipped using carriers selected by Metro. The shipping fees will be charged to the CLIENT. Costs will be provided to you before you confirm your order when possible. If we provide you with an estimated shipping date or cost, the estimated delivery date or cost is not guaranteed, and inventory shortages, carrier fees or events beyond our control could impact the delivery date and fees incurred. Metro is not liable for delivery later than the estimated delivery date, or for any loss, damage, or penalty you may incur from a delay in shipment or delivery. Unless otherwise noted in the product description, each Metro Client Portal Product will be delivered FCA delivery location (as such location is designated on the applicable order) (Incoterms 2010).
DISCLAIMERS: AGENCY’S fees for services are NOT contingent on the outcome or results of the investigation. AGENCY MAKES NO WARRANTIES OR GUARANTEES OF ANY KIND, EXPRESSED OR IMPLIED, AS TO THE RESULTS OF AN INVESTIGATION. Fees are SOLELY FOR THE INVESTIGATIVE EFFORT EXPENDED BY THE AGENCY AND EXPENSES. AGENCY will perform services in compliance with all state, federal laws, regulations and best practices.
REPORTS:
a. AGENCY CREATED REPORTS. CLIENT agrees to notify AGENCY if a formal report is needed for legal proceedings as it requires contemporaneous notes, extra care with videos, photographs, etc. Original notes or documents are considered “work product” will not be released and remain the property of AGENCY and may be destroyed upon completion of the investigation. The final written report, and supporting videos, materials etc. shall be released to CLIENT within 7 days of the work ending or payment of any outstanding fees, whichever is later. The final report will be forwarded to CLIENT in electronic format as a color PDF file, unless otherwise requested. Reasonable fees may be charged for creating the report, additional report printing requests, etc. CLIENT agrees reports, documents, photographs, video recordings, evidence or other work product produced by AGENCY shall remain the property of AGENCY under the applicable copyright laws. CLIENT agrees to neither copy nor distribute the AGENCY’S product without prior, written permission from AGENCY. This provision does not limit or restrict CLIENT from providing any report to the appropriate legal counsel representing CLIENT in this matter.
b. THIRD PARTY DATA BROKER REPORTS AND INFORMATION. Data is supplied from different private and public sources, computer systems, public information facilities, government open record institutions and might also contain confidential source information. Reasonable attempts are made to maintain the integrity of this data however AGENCY cannot be held liable for any errors, omissions, or inaccuracies contained in public record information or restricted databases accessed. 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.
c. UPDATES. When conducting any surveillance detail(s), it shall be at AGENCY’S discretion, when verbal or written report or update shall be made to the CLIENT. Generally, no report or update will be made until the passage of 24 hours of the conclusion of the surveillance detail. This policy may be modified by the AGENCY if the assignment is being requested by CLIENT’S attorney or at AGENCY’S discretion. No “Audio” recordings will be made relative to any surveillance, unless in accordance with applicable law. CLIENT understands surveillance recordings and pictures are by nature NOT television studio-type productions and are often taken from long distance, from unusual locations, and during extreme weather conditions and often in poor lighting and as such, may affect the quality. CLIENT understands often substantial time must be spent in the office after completion of a surveillance detail working on the final report, videos etc. and the time spent on location completing a surveillance is not a true reflection of the actual time expended on the surveillance detail. Billing will reflect true hours spent, both in the field and office on the case.
APPEARANCES: CLIENT agrees to compensate AGENCY or investigators thereof, at the agreed upon rates, for “stand by” time, “on-call” time, hearings, court appearances, depositions or meetings prior to or subsequent to the completion of the investigation or hearings, whether under order of subpoena or not ordered, subpoenaed or requested by CLIENT or their attorney. If any testimony or deposition regarding this matter or any matter related to this investigation is required, the fee will be per hour, per investigator, plus expenses, with a four (4) hour minimum per investigator, per day unless otherwise agreed upon. All testimony and deposition fees are due in advance of the scheduled appearance. A retainer for said appearance must be received seven (7) days prior to scheduling the investigator(s) for testimony, depositions or court appearances. AGENCY shall not be responsible for court delays or cancellations. CLIENT agrees and understands “stand by” and/or “on call” status will be considered the same as an actual appearance and as such, will be billable regardless if an actual appearance is made. Reasonable preparation, review and administrative time shall be billed accordingly. Mileage for all appearances outside of Jefferson County, Kentucky shall be billable as well. If an opposing party or their attorney requests, subpoenas, or otherwise orders AGENCY or investigators thereof, to appear for any hearings, court appearances, depositions or meetings, the opposing party or their representative will be billed for said time in accordance to the provisions above and not CLIENT unless otherwise agreed upon in advance.
EQUIPMENT: CLIENT agrees not to tamper with, search for, remove, alter or otherwise handle in any manner any devices, equipment, cameras etc. used in this case. If AGENCY sustains the loss of any equipment deployed in connection with said investigation, CLIENT agrees to reimburse AGENCY for replacement of said equipment. CLIENT agrees it shall be at the discretion of the AGENCY to deem and assign responsibility for any such loss.
MISCELLANEOUS: CLIENT agrees METRO INVESTIGATIONS, LLC, is not a law firm nor any communications with the AGENCY shall be considered advice, direction or guidance with respect to legal matters. The CLIENT agrees, with or without competent legal advice to the CLIENT, AGENCY shall be held blameless for any issues or claims concerning the services supplied by AGENCY. The CLIENT agrees to be responsible for any issues, damages or claims made concerning the use, disclosure or application of any information or other material produced by AGENCY, its’ agents or employees. AGENCY reserves the right to withhold any and all reports, evidence, or surveillance recordings pending payment in full and bank clearance thereof. CLIENT agrees to permit AGENCY or members thereof, to speak with and advise CLIENTS attorney (if represented) with status and information regarding this investigation. CLIENT understands the fees charged by AGENCY are for services rendered and are not based upon any results. AGENCY makes no assertion or claim to the degree of success of the investigation.
COLLECTIONS: CLIENT agrees to pay AGENCY for time and all fees spent in the collection of unpaid bills including estimates of the time required for anticipated collection processes. CLIENT agrees to pay all costs of the collection of unpaid bills including attorneys’ fees, court costs, and expenses. CLIENT agrees continuing charges for time, fees and costs shall be added to the total amount due during the process of collection. CLIENT agrees that AGENCY may assign this agreement to any AGENCY officer or employee for enforcement, court filing, or any part of or the entire collection process. CLIENT agrees that any debt to AGENCY will not be discharged by bankruptcy. CLIENT agrees unpaid amounts due to AGENCY reflect a timely payment discount of $25 per $100 which will be added back into the balance if not received within 30 days of the invoice in addition to interest charges at the highest percentage allowed by law compounded daily. CLIENT agrees any and all court filings or hearings related to the collections of fees shall be filed in Jefferson County, Kentucky and CLIENT agrees to Kentucky being the agreed upon jurisdiction for any collections related proceedings. Late fees and charges will commence after the 31st day of the invoice date.
ARBITRATION CLAUSE: CLIENT also agrees that any differences, claims, or matters in dispute arising out of or in connection with this agreement shall be submitted to the American Arbitration Association for dispute resolution in Louisville, Kentucky. The arbitrator(s) will be mutually selected and the determination of said arbitrator(s) shall be deemed final and absolute. In the event that the CLIENT files suit rather than going through arbitration as agreed upon herein, CLIENT agrees to pay any and all costs including attorneys fees, filing fees and any other costs on behalf of both parties for suits that they initiate. AGENCY agrees to pay half of the arbitration costs for any case not in its favor. The decision of the arbitrator may be entered as a judgment in any Kentucky Court or elsewhere. The most up to date information can be found at the footer of www.metroky.com under “Policies”.
CLIENTS VEHICLES: CLIENT represents he/she has regular use of, or joint ownership of the following vehicles and permits and authorizes the use of electronic tracking devices in this case at the discretion of the AGENCY. CLIENT understands the use of electronic tracking devices will be billed at the daily rate of $100.00 per day (per device-per vehicle), and will appear on the invoice as “equipment rental”. CLIENT agrees not to tamper with, search for, remove, alter or otherwise handle in any manner any electronic tracking devices used in this case. In the event of the loss of any electronic tracking device, CLIENT agrees to reimburse AGENCY for replacement of said device. CLIENT agrees it shall be at the discretion of the AGENCY to deem and assign responsibility for any such loss.
COPYRIGHTS: Please note that this document is protected by US Copyright Law and it contains proprietary business processes. Any dissemination other than for the express purpose of hiring Metro Investigations, LLC is strictly forbidden. By downloading and possessing this document, you agree to not disseminate it to unauthorized parties.
SEVERABILITY: Should any portion of this agreement be deemed unenforceable, all remaining parts shall remain nevertheless enforceable.
SIGNATURE: By typing your name into the appropriate box of this electronic agreement you are signing a contract detailing each party’s responsibilities. CLIENT agrees that your electronic signature binds the same as if it was affixed with a handwritten signature. This agreement becomes binding once signed by the CLIENT, payment is made and the AGENCY agrees to accept the case by email. A signed copy or a signed facsimile of this agreement will be as valid as an original.
