ANNEXURE - TERMS AND CONDITIONS - PLEASE READ CAREFULLY
EMH Enterprises, LLC - GPS Bait, LLC - The Copper Stopper, LLC (d/b/a GPS Bait Investigations, LLC), shall provide the following service(s) to the CLIENT in accordance with the terms and conditions listed in this agreement. Professional investigative services include, but are not limited to the following:
Domestic Investigations:
Infidelity or commitment investigations; child custody investigation; alimony investigations; surveillance (general surveillance, mobile surveillance, electronic surveillance); pre-divorce investigation; skip tracing; process serving; asset verification or investigation; reverse data searches (email, cell phone, landline telephone, license plates, driving records, address, etc.) & electronic GPS tracking.
Corporate Investigations:
Surveillance (general surveillance, mobile surveillance, electronic surveillance, certified computer forensic examiner, night vision surveillance) witness statements; process serving; employment vetting; background checks; corporate fraud; workplace accident reports; night vision investigation; insurance accident reports; workers compensation investigations; insurance fraud investigations; asset search/locates; traffic crash reconstruction; fire or arson investigations; reverse data searches (email, cell phone, landline telephone, license plates, driving records, address, etc.) & electronic GPS tracking.
Attorneys and Legal Services:
Domestic investigations; corporate investigations; witness statements; process serving; skip tracing; personal locates; reverse data searches (email, cell phone, landline telephone, license plates, driving records, address, etc.); incident reports; asset searches & electronic GPS tracking.
Confidentiality:
All investigative findings furnished to the CLIENT are exclusively for the CLIENT’S use or the CLIENT’S ATTORNEY(S). The CLIENT agrees to restrict the dissemination of said findings ONLY to third parties who have a legitimate need to know, and/or are authorized by law. The CLIENT will hold GPS Bait Investigations harmless from damages, losses, costs, or expenses, including attorney fees, suffered or incurred in connection with arising out of claims based on investigative findings provided to the CLIENT, and for which the CLIENT fails to keep strictly confidential. GPS Bait Investigations will keep findings strictly confidential and will not disseminate or release any findings to third parties unless authorized IN WRITING by the CLIENT or lawful court order.
The State of Michigan MCL 338.840 of the PROFESSIONAL INVESTIGATOR LICENSURE ACT; Act 285 of 1965, does not permit a Licensed Professional Investigator to divulge information to anyone without the CLIENT’S consent or lawful court order.
Payment of Retainer / Invoice for Services:
The CLIENT agrees to pay a retainer fee of an agreed-upon amount, or the INVOICE IN FULL, before the start of any investigative activities, including surveillance and electronic data searches. All retainers and invoices will be set differently pending work, location, products & services required. GPS Bait Investigations will disclose reports, data collected, evidence, and verbal statements only when the CLIENT is paid with no pending balance.
General Surveillance:
The CLIENT agrees that GPS Bait Investigations will not bill less than FIVE (5) hours of surveillance when doing “General Surveillance”. This is calculated per investigator. The rate at which you will be billed is up to $135.00 per hour, per investigator.
Priority Surveillance:
The CLIENT agrees that GPS Bait Investigations will not bill less than TWO (2) hours of surveillance when doing “Priority Surveillance”. This is calculated per investigator. The rate at which you will be billed is up to $295.00 per hour, per investigator.
Standard Service Rates/Fees:
Standard Surveillance; $135.00/hour/investigator (more than 48 hours notice) - Priority Surveillance; $295.00/hour/investigator (less than 48 hours notice)
Travel; to/from surveillance location, $100.00/hour/investigator (door-to-door) - Vehicle Use/Mileage; $1.25/mile/vehicle (door-to-door)
Database/Electronic Look-up(s); for vehicle plates, persons, etc, $50.00-$150.00 per look-up - Lodging and Meals; will be billed based on market rate per city.
Photocopying and Printing; If GPS Bait Investigations must print over 15 pages, we charge $1.00 per page to the CLIENT.
Shipping and Postage; Actual shipping/postage fees incurred.
Administrative Time, Editing Video, Photos, and Report Writing; Internal administration, clerical, communication, Etc. $100.00 per hour.
Court/Witness Rates/Fees:
Depositions; meetings; conference; pre-trial; preparing for a proceeding; etc: The CLIENT agrees that additional testimonial and informative activities of GPS Bait Investigations will be paid by the CLIENT at the rate of $200.00 per hour, per employee. These additional activities will be paid before GPS Bait Investigations, LLC's scheduled appearance by a nonrefundable 2.5 hour per employee charge. Charges include travel, mileage, parking, meals, etc. This charge is forfeited if a court, meeting, or conference is canceled or rescheduled within 48 hours of GPS Bait Investigations, LLC's scheduled appearance.
Communication & Case Updates:
GPS Bait Investigations, LLC agrees that its representatives will maintain reasonable communications with the CLIENT during the period of the investigation. On-line updates will also be provided in the CrossTrax case management system as the primary method of the CLIENT notification process; this includes photos, videos, and reports: https://gpsbait.crosstrax.co/secure/login
Late Fees and Collection Costs:
Late Fees of $39.00 or 1.5% of the balance per month (18% per annum), whichever is greater. Late fees are added based on the original billing date.
Should GPS Bait Investigations be required to bring suit, or otherwise spend time trying to collect the amounts due GPS Bait Investigations, LLC under this agreement, the CLIENT will also be responsible for GPS Bait Investigations court costs and reasonable attorney's fees as determined by the court.
Client Working Relationship:
The cooperation of the CLIENT is very important. PLEASE INFORM GPS BAIT INVESTIGATIONS, LLC IMMEDIATELY of any change of address, or phone number (both work and home). At their discretion, GPS Bait Investigations has the right to withdraw from the case if the CLIENT misrepresented or failed to disclose material facts to GPS Bait Investigations. LLC, or if the CLIENT fails to follow advice. Failure to follow GPS Bait Investigations advice in a manner that has compromised the investigation or endangered employees will be grounds for GPS Bait Investigations, LLC to immediately withdraw from the case. Likewise, the CLIENT may discharge GPS Bait Investigations at any time for any reason. Full disclosure of all facts is essential to enable GPS Bait Investigations, LLC to properly conduct this investigation. GPS Bait Investigations, LLC shall have the right to withdraw from this case if the CLIENT does not honor the terms of this retainer agreement, and the CLIENT will have the obligation of paying fees and costs incurred through the date of termination. The CLIENT further acknowledges that interference includes, but is not limited to, calling GPS Bait Investigations, LLC and/or employees while they are trying to perform investigative duties and/or surveillance, driving past locations under surveillance, and/or visiting near the location under surveillance or having friends, relatives, agents or employees do so. GPS Bait Investigations, LLC reserves the right to terminate all activity in this assignment and the CLIENT will forfeit any unused portion of retainer.
Verbal & Written Representations, Case Guarantees, and Outcomes:
The CLIENT acknowledges being advised that GPS Bait Investigations, LLC cannot make guarantees regarding the outcome of this or any case and that any expressions relative to such matters are only our opinions.
Your final case results, electronic data searches, and case outcomes may vary from your expected and actual results!
We are here to obtain video and photographs for you during surveillance operations of what your subject does during this time of surveillance. We can't make them do things on command; including drinking alcohol, having public displays of affection, neglecting children in public, leaving their house at convenient times, etc.
Limitation of Liability:
GPS Bait Investigations, LLC liability (including negligence) arising directly, or in connection with these terms, or the performance or observance of its obligations under these terms and every applicable part of it shall be limited in aggregate to the cost of the service(s). In no event shall GPS Bait Investigations, LLC be liable for any loss of profits, goodwill, loss of business, loss of data, or any other indirect or consequential loss or damage whatsoever.
Investigation Service Cancellation Policy:
The CLIENT must provide GPS Bait Investigations, LLC with a minimum of (48) forty-eight hour's notice in the event of canceling a scheduled activity. A (5) five-hour charge will be imposed per investigator if the CLIENT fails to give a (48) forty-eight hours notice and any other expenses occur. This applies to, but is not limited to: surveillance, court appearances, legal appointments, background searches, GPS installation or removal, reverse data searches, data searches & other investigative services. The CLIENT must receive written confirmation from a member of GPS Bait Investigations, LLC that the activity has been canceled, or the CLIENT is responsible for the entire amount of that scheduled activity.
Licensed Professional Investigator:
GPS Bait Investigations, LLC meets or exceeds all of the required laws by the State of Michigan to do business as a Licensed Private Investigation Firm.
The state-issued Private Investigation license number for GPS Bait Investigations, LLC / EMH Enterprises is 3701-206093.
Responsible Use of Information, Data, and Other Work Product:
GPS Bait Investigations, LLC is not a "consumer reporting agency" and its services do not constitute "consumer reports," as these terms are defined by the Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq. ("FCRA"). GPS Bait Investigations, LLC services may not be used in whole or in part as a factor in establishing an individual’s eligibility for credit, insurance, employment nor for any other purpose under the FCRA. It is incumbent upon the CLIENT and their representatives to be fully knowledgeable about such laws and regulations and to seek legal counsel before 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).
Governing Law and Venue:
This agreement, the rights of the parties, and all actions arising in whole or in part under or in connection with it will be governed by and construed in accordance with the domestic substantive laws of the state of Michigan, without giving effect to any choice or conflict-of-law provision or rule that would cause the application of the laws of any other jurisdiction. The parties (a) irrevocably submit to the jurisdiction of any Michigan court sitting in Kent County, Michigan, in any action arising out of this agreement, (b) agree that all claims in any action may be decided in that court, and (c) waive, to the fullest extent that they may effectively do so, the defense of an inconvenient forum. The parties also agree that a final judgment in any such action will be conclusive and may be enforced in another jurisdiction by suit on the judgment or in any other manner provided by law.
Force Majeure:
Notwithstanding anything to the contrary contained herein, neither party shall be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, acts of God, severe weather, acts of war or terrorism, shortage of supplies, breakdowns or malfunctions of vehicles or equipment, interruptions or malfunction of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties or civil unrest. Notwithstanding the foregoing, in the event of such an occurrence, each party agrees to make a good-faith effort to perform its obligations.
THE CLIENT AGREES THIS IS A LEGAL, BINDING CONTRACT BETWEEN YOU, THE CLIENT, AND EMH ENTERPRISES, LLC - GPS Bait Investigations, LLC - THE COPPER STOPPER, LLC, d/b/a GPS BAIT INVESTIGATIONS, LLC. NO PROVISIONS HEREOF SHALL BE CONSIDERED WAIVED OR AMENDED EXCEPT IN WRITING BY BOTH THE CLIENT AND EMH ENTERPRISES, LLC. THE CLIENT AGREES THAT IF A PROVISION OF THIS AGREEMENT IS OR BECOMES ILLEGAL, UNENFORCEABLE, OR INVALID IN ANY JURISDICTION, IT SHALL NOT AFFECT (1) THE ENFORCEABILITY OR VALIDITY IN THAT JURISDICTION OF ANY OTHER PROVISION OF THIS AGREEMENT, OR (2) THE ENFORCEABILITY OR VALIDITY IN OTHER JURISDICTIONS OF THAT OR ANY OTHER PROVISION OF THIS AGREEMENT. THIS AGREEMENT TOGETHER ENCOMPASSES ALL OF THE TERMS OF THE FINANCIAL ARRANGEMENTS BETWEEN THE CLIENT AND EMH ENTERPRISES, LLC (GPS BAIT INVESTIGATIONS) AND CAN NOT BE MODIFIED, EXCEPT IN WRITING AND SIGNED BY BOTH PARTIES. BEFORE SIGNING, PLEASE READ THIS AGREEMENT CAREFULLY AND BE SURE YOU UNDERSTAND ALL OF THE CONTENTS.
IF THERE IS ANYTHING YOU DO NOT UNDERSTAND, PLEASE ASK US ABOUT IT.
TO STOP ANY SMS COMMUNICATIONS SEND "STOP" to 616-215-0655
Terms and Services Updated Edition: Version 2023.01.01