Background Check Fingerprinting Agreement

BACKGROUND CHECK FINGERPRINTING AGREEMENT

Client Name:   Client Contact:

Client Address:

Applicant Name:   Date of Birth:

Applicant Address:

Identification (Driver's License or ID):   Issuing State:

RECITALS

WHEREAS, Client requires certain background information regarding Applicant to evaluate suitability for employment, licensure, volunteer placement, or other regulated participation; and

WHEREAS, Provider will collect Applicant's fingerprints and related biographical information and submit such data to authorized governmental and private entities for criminal history, identity verification, and other lawful background checks; and

WHEREAS, Applicant consents to fingerprint collection, background checks, the disclosure of results to Client, and the terms set forth in this Agreement.

SCOPE OF WORK

Services include: collection of Applicant fingerprints by electronic capture or ink-and-roll (as selected by Provider), submission of fingerprints and biographical data to authorized repositories, retrieval of criminal history and identity verification responses, and delivery of a summary report to Client. Provider will use reasonable care and commercially accepted practices in performing the services.

PAYMENT TERMS

Any amounts not paid when due shall accrue the stated late fee and may be subject to collection costs, including reasonable attorney fees and expenses.

TERM AND TERMINATION

This Agreement commences on Start Date: and continues until End Date: unless earlier terminated in accordance with this Section.

Either party may terminate this Agreement for material breach if the breaching party fails to cure within the notice period set forth above. Termination does not relieve Applicant of payment obligations for services performed prior to termination.

AUTHORIZATION, CONSENT, AND RELEASE

By checking the boxes below and signing, Applicant authorizes Provider to collect Applicant's fingerprints, submit fingerprints and biographical information to state and federal repositories and private screening entities, and receive any and all records, files, and data pertaining to Applicant that are relevant to the background check.

Applicant hereby consents to fingerprinting and authorizes release of criminal history and identity information to Provider and Client.

Applicant authorizes Provider to disclose background check results and supporting records to Client and its authorized representatives.

Applicant acknowledges that fingerprints and results may be retained by governmental or authorized repositories in accordance with law and consents to such retention as required by statute or regulation.

CONFIDENTIALITY

Provider and Client shall maintain the confidentiality of background check results and any nonpublic personal information obtained in performance of this Agreement, disclosing such information only to persons with a legitimate need to know or as required by law. Provider will implement reasonable administrative, technical and physical safeguards to protect Applicant data.

LIMITATION OF LIABILITY; INDEMNITY

Provider's liability for any claim arising out of this Agreement is limited to direct damages not to exceed the fees paid by Client for the specific background check giving rise to the claim. Neither party shall be liable for consequential, incidental, punitive, or special damages. Applicant agrees to indemnify and hold harmless Provider and Client from claims arising from Applicant's false statements, omissions, or use of the results contrary to applicable law.

RETENTION, DESTRUCTION, AND RECORDS

Provider will retain a record of fingerprint capture and the resulting report for a period consistent with statutory and regulatory obligations and will otherwise dispose of records in a secure manner. Applicant may request correction of inaccurate information in accordance with applicable statutory procedures.

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of without regard to conflict of law principles.

ENTIRE AGREEMENT

This Agreement, together with any exhibits or appendices executed contemporaneously and any written fee schedule provided by Provider, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior oral or written agreements. No amendment shall be effective unless in writing and signed by both parties.

MISCELLANEOUS PROVISIONS

If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall continue in full force and effect. Notices required under this Agreement shall be in writing and delivered to the addresses listed above or to other addresses provided in writing by the parties.

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