Past Tracker, Associates
Client Contract.
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Contract as of Nov 2005. Written by Rhonda G. Edwards

ARTICLE 1: IDENTIFICATION OF THE PARTIES OF THE CONTRACT, BEGINNING THE PROJECT AND TERMINATION OF CONTRACT.

            This is a contract for the purpose of doing family history research. A client has proposed a project and this contract outlines the agreement reached between the client and researcher to plan and commence the project.

 

            Client Name:                                                     Researcher Name: Rhonda G. Edwards

            Address:                                                           Address: 445 Ingersoll St.

                                                                                    Coos Bay OR 97420     

                                                                                    (541) 269-1892

 

            The project will begin with the approval of a proposed research project or projects. Approval of the project presented to the client will be the signing of the contract and payment of a deposit that is 50% of the estimated costs of the proposed research project. Exceptions to the aforesaid statement will be for travel then %100 of estimated travel costs will be included with the deposit.

            The client may terminate this contract by either of these two methods:

1.        By declining any new research projects and paying all owed fees.

2.       The contract may also be terminated with a written statement from the client to the researcher. The closure date will be the receipt date of the written statement by the researcher. The client will be responsible of all costs expended prior to the closure date and a final billing will be presented.

            The client will promptly inform the Past Tracker researcher of any changes in the project. For example: new information and new dead lines. The client is liable for expenses incurred until this information has been given to the researcher. The client must follow a phone conversation (and e-mail) terminating the project with a written confirmation, (letter or fax). 

ARTICLE 2: PRODUCT DEIVERY, TIME LIMITS OR RESTRICTIONS AND WARRANTIES.

            A Certified American Indian Lineage Specialists will trace a family history in search of documentation of American Indian lineage. Past Tracker, Associates researchers have basic steps they follow for each research project.

1.        Evaluate the information and determine what information is needed and what record(s) will best give the needed information. The researcher will propose projects for research to find the needed information.

2.       Research the record, recording the information and making a copy of a positive result. Whenever a record has been found that pertains to the research project, a photocopy will be made and provided in the report. The only exception will be when the original does not make a readable copy a hand-extracted copy will be provided. A file copy for the researcher will also be made.

3.       Then a report to the client with the found information. The next research projects will be included with the report. The report will include a copy and an extraction of any found record or document with interpretations and conclusions.

 

The research project uses all types of records and documents to find the needed family or individual information to reach the project goal. Searching these records may involve traveling to their location and/or sending for copies. This makes time schedules difficult to determine. The researcher will provided an estimated time schedule for preliminary and final reports.

No guarantees of results can be extended because families may not be in the expected location and the search may result in negative findings. Also, the desired information in the searched records may not be found. While the researcher plans to reach the project goal, only the findings can be reported and documented.

ARTICLE 3: RESEARCH PROJECT GOALS.

The client needs to provide all family information that has been collected, reporting where the information was obtained. This will help to avoid costly duplication of research. The client is providing information they believe to be correct. The client needs to provide copies of all vital records and other documents collected to the researcher for file copies. If other vital records are needed the client needs to provide them or to authorize the researcher to obtain these records. (Vital records are defined as: birth records, marriage records, death records and social security applications.)

 

This research project is:

 

 

 

My final goal:

 

 

ARTICLE 4: WORK OWNERSHIP AND PRIVACY CONCERNS.

All “living” family information collected by the researcher will be considered confidential and will not be shared with anyone other than the client without the client’s written approval. Any findings that the client finds “sensitive” will be discussed and the researcher may agree to keep confidential. (“Living” information is classified in this contract, as anyone who has been born within the last 110 years. “Sensitive” means findings of criminal activities, illegitimacy, and/or adoption that would include a living family member.) For any other use of the finding report, the client must obtain a release from the researcher.

The product of this research project, “research findings and reports with interpretations and conclusions” are the work product of the researcher and copyright rights are fully reserved by the researcher. The client may share limited copies, (no more than 5), of the research finding reports with other family members but must include full citation of the researcher along with an unedited, unchanged with no additions to the copy of the finding report.

In the event the client wishes to publish the findings and reports, a separate agreement must be negotiated between the researcher and the client. Publishing would include all electronic forms (including the internet) as well as the traditional forms.

ARTICLE 5: FEES, EXPENSES AND PAYMENT.

The research project will proceed methodically following the research projects as approved by the client. On the completion of the first proposed research project, new research projects will be proposed and approval will be given before these projects will be started. This allows time for the client to determine how the research will proceed. Estimated expenses that may be incurred will be listed in the proposed project. If the time and cost estimated is not enough another approval will be obtained from the client before the research is completed.

Time limits on the research project must be outlined at the beginning of the project and the agreement must be written within, or attached to, this contract.

Basic Fees By Contract:(as of Mar 2002). Please make checks payable to Past Tracker, Associates.

·          $25 per hour for researching indexed records

·          $25 per hour for any analysis and writing of reports and research next projects

·          $30 per hour for research of not indexed records

·          $35 per hour for research on difficult to read and not indexed records.

·          $40 per hour for extraction of records that can not be photocopied

·          Travel expenses will be agreed upon between the researcher and client.

·          PLUS expenses (expenses would be; Ordered records, ordered microfilms/ microfiche, photocopies, inter-library loan fees, etc.

 

A deposit is needed to begin a research project. The deposit will be 50% of the  estimated costs for each project. The remaining cost of the proposed research project will be billed upon completion and with the final research report.

If during the course of the research project the client and the researcher feel the need to consult or use the services of another resarcher or research business, the researcher will conduct the business after approval from the client.

The researcher will use standard collection paractices for collecting unpaid balances. Monthly payments are acceptable when a mutual agreement has been reached between the client and the researcher. Failure to pay past due balances will stop the project. If a collection agency is needed additional fees will be added to the balance to cover the cost of these measures.

ARTICLE 6: DISAGREEMENTS AND ARBITRATION.

If the client feels the research has not satisfied this agreement, then the client will provide to the researcher, in writing, a statement outlining concerns and problems. If the client and the researcher can not reach an agreement and settlement of this matter, the client may then proceed to either of these organizations for arbitration: the BCG; (The Board for Certification of Genealogists * P.O.Box 19155 * Washington D.C. 20036-0165) or APG; (The Association of Professional Genealogists * 3421 M Street, N.W., Suite 236 * Washington D.C. 20007).

In the event the client foregoes these arbitration methods and goes to the civil courts, the case will be held in and under the researcher’s local jurisdiction. At this time, the jurisdiction is in Coos County, Oregon.

ARTICE 7: SIGNATURES. 

client: Changes to contract must be agreed before first payment: (payment of deposit will designate agreement to contract by client) (cashing check, etc. will designiate agreement to contract by researcher)

date: Project begin date will be the receipt of payment date.