Adjusters Service Contract

ADJUSTERS SERVICE CONTRACT

This Adjusters Service Contract (the Agreement) is entered into as of Effective Date: by and between Client Name: with principal address at (Client), and Adjuster Name: with principal address at (Adjuster).

RECITALS

WHEREAS, Client requires professional adjusting, investigation and claim management services in connection with property, casualty or similar losses; and

WHEREAS, Adjuster is duly qualified, experienced and agrees to perform independent adjusting services in accordance with the terms and conditions set forth in this Agreement; and

WHEREAS, the parties desire to set forth their respective rights and obligations with respect to the engagement of Adjuster by Client.

NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows:

1. ENGAGEMENT; SCOPE OF SERVICES

1.1 Engagement. Client hereby engages Adjuster, and Adjuster accepts such engagement, to provide loss adjusting, field investigation, evaluation, negotiation and reporting services (the Services) as more specifically described in the scope below.

1.2 Deliverables. Adjuster shall prepare and deliver written reports, photographs, estimates, billings and other documentation reasonably requested by Client. Reports shall identify the basis for conclusions, methodology used, and supporting documentation.

2. TERM

2.1 Term. The term of this Agreement shall commence on Start Date: and shall continue until End Date: unless earlier terminated in accordance with Section 11.

2.2 Renewal. The Agreement may be renewed by written agreement of the parties executed prior to its expiration.

3. DUTIES AND PERFORMANCE STANDARDS

3.1 Professional Standards. Adjuster shall perform Services with the degree of skill, care and diligence ordinarily exercised by reputable professionals performing similar services under similar circumstances and in accordance with all applicable laws, regulations and industry standards.

3.2 Response. Adjuster shall respond to emergency assignments and claims within Response Time: and shall use commercially reasonable efforts to meet Client scheduling requirements.

4. COMPENSATION

4.1 Fee Basis. Client shall pay Adjuster as follows (check applicable fee basis and complete the corresponding amount):

Hourly rate at $ per hour.

Per-claim fee of $ per claim.

Retainer of $ to be applied to invoices.

4.2 Adjustments. Rates set forth above shall remain firm for the initial Term unless adjusted by written agreement. Any extraordinary services beyond the agreed scope shall be billed at reasonable and agreed rates.

5. EXPENSES

Client will reimburse Adjuster for reasonable, documented out-of-pocket expenses incurred in the performance of Services (including travel, lodging, courier and photography) upon submission of supporting receipts. Reimbursements in excess of $ require prior written approval.

6. INVOICES & PAYMENT

6.1 Invoices. Adjuster shall submit itemized invoices monthly or as otherwise agreed. Each invoice shall show hours, rates, expenses and a description of Services performed.

6.2 Payment Terms. Client shall pay undisputed amounts within days of receipt. Late payments shall accrue interest at the lesser of 1.5% per month or the maximum rate permitted by law.

7. CONFIDENTIALITY

7.1 Confidential Information. Each party may disclose confidential information to the other. Recipient shall protect Confidential Information with at least the same degree of care as its own confidential information and shall not disclose such information except to employees or agents who need to know and who are bound by confidentiality obligations no less restrictive than those herein.

7.2 Exceptions. Confidential Information does not include information that is or becomes public through no breach of this Agreement, independently developed without use of the other's Confidential Information, or rightfully received from a third party without restriction.

8. INDEPENDENT CONTRACTOR

Adjuster shall perform Services as an independent contractor. Nothing in this Agreement shall be construed to create an employer-employee, partnership or joint venture relationship. Adjuster is responsible for all taxes, workers' compensation and benefits for its personnel.

9. INSURANCE & INDEMNIFICATION

9.1 Insurance. Adjuster shall maintain liability insurance, including professional liability/errors and omissions coverage in an amount not less than $ per occurrence and shall upon request deliver certificates of insurance evidencing such coverage.

9.2 Indemnification. Adjuster shall indemnify, defend and hold harmless Client, its officers, directors and employees from claims, liabilities, losses or expenses arising out of Adjuster’s negligent acts, omissions or willful misconduct in performance of the Services; provided that Client shall give prompt written notice of any claim and permit Adjuster to assume defense where appropriate.

10. RECORDS; AUDIT RIGHTS

Adjuster shall maintain complete and accurate records related to Services and invoices for a period of three (3) years following performance. Client shall have the right, upon reasonable notice and during normal business hours, to inspect and audit such records to verify charges and compliance with this Agreement.

11. TERMINATION

11.1 Termination for Convenience. Either party may terminate this Agreement for any reason upon written notice delivered at least days in advance.

11.2 Termination for Cause. Either party may terminate immediately for material breach if the breaching party fails to cure such breach within thirty (30) days after written notice specifying the breach.

11.3 Effect of Termination. Upon termination Client shall pay Adjuster for Services performed and reimbursable expenses incurred through the effective date of termination. Sections concerning confidentiality, indemnification, records, payment and survival shall survive termination.

12. CONFLICTS; NON-SOLICITATION

Adjuster represents that it has no known conflicts of interest that would materially impair its ability to perform Services. During the Term and for twelve (12) months after termination, Adjuster shall not solicit or accept employment from any insured or claimant introduced by Client without Client's prior written consent.

13. NOTICES

All notices shall be in writing and delivered to the addresses below by hand, certified mail (return receipt requested) or overnight courier. Notice is effective upon receipt.

14. GOVERNING LAW; DISPUTE RESOLUTION

This Agreement shall be governed by and construed in accordance with the laws of the Governing State: without regard to its conflict of law rules. Any dispute arising out of or relating to this Agreement shall be resolved by binding arbitration in the county of the Client's principal place of business unless the parties agree otherwise in writing.

15. MISCELLANEOUS

15.1 Entire Agreement. This Agreement, including any schedules or exhibits attached hereto, constitutes the entire agreement between the parties with respect to the subject matter and supersedes all prior and contemporaneous agreements and understandings, whether written or oral.

15.2 Amendment. No amendment or modification of this Agreement shall be effective unless in writing and signed by authorized representatives of both parties.

15.3 Waiver. No waiver of any breach shall be deemed a waiver of any subsequent breach. The failure to enforce any provision shall not constitute a waiver.

15.4 Severability. If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.

15.5 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument.

15.6 Assignment. Neither party may assign this Agreement without the prior written consent of the other party, except that Client may assign to an affiliate or in connection with a transfer of all or substantially all of its business.

Sign Now