Genealogical Services Contract

Genealogical Services Contract

This Genealogical Services Contract (the "Agreement") is made effective as of Effective Date: between Client Name: with address and Researcher Name: with address .

RECITALS

WHEREAS, Client desires to obtain genealogical research and related services concerning Client's family history and related records; and

WHEREAS, Researcher is experienced in conducting genealogical, archival, and records-based research and has agreed to perform the Services described in this Agreement in accordance with the terms set forth below; and

WHEREAS, the parties desire to set forth their respective rights and obligations with respect to the performance, payment and use of the research results.

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

1. Definitions

For the purposes of this Agreement: "Services" means the genealogical research, analysis, transcription, compilation and delivery of reports and supporting citations as described in Section 2; "Deliverables" means the tangible and electronic reports, charts, source citations and copies provided to Client; "Confidential Information" means non-public information disclosed by either party in connection with the Services as further described in Section 6.

2. Scope of Services

Researcher shall perform genealogical Services reasonably necessary to achieve the objectives set by the parties. The specific scope, research goals and Deliverables are described below.

3. Project Schedule

Services will commence on Start Date: and Researcher will use reasonable efforts to complete the agreed Deliverables by Estimated Completion Date: . Timeline estimates are not guarantees; Researcher will promptly notify Client of delays.

4. Fees and Payment

Client shall pay Researcher in accordance with the payment terms selected below. Fees are exclusive of reimbursable expenses unless specified otherwise.

Retainer required     If checked, Retainer Amount:

5. Expenses

Client shall reimburse Researcher for out-of-pocket expenses reasonably incurred in performance of the Services, including but not limited to archive fees, copies, travel and document procurement. Reimbursable expenses require receipts where available.

Client will reimburse reasonable expenses     Expense Cap (if any):

6. Confidentiality

Each party shall maintain the confidentiality of Confidential Information disclosed by the other party during the term of this Agreement. Confidential Information shall not include information that is or becomes publicly available without breach of this Agreement, is rightfully received from a third party without restriction, or is independently developed. Researcher may disclose Confidential Information to third-party service providers to the extent necessary to perform the Services provided that such providers are bound by confidentiality obligations no less protective than those in this Agreement.

7. Ownership and Use of Work Product

Subject to Client's payment in full, Researcher assigns to Client all right, title and interest in and to the Deliverables prepared specifically for Client. Researcher retains ownership of research methodologies, working notes, raw transcriptions, proprietary databases and templates (collectively, "Researcher Materials"). Client is granted a non-exclusive license to use Deliverables for personal, family, documentary or non-commercial research purposes. Commercial publication or resale of Deliverables requires Researcher's prior written consent and may be subject to additional fees.

8. Client Responsibilities and Permissions

Client shall provide Researcher accurate preliminary information, copies of documents in Client's possession, and reasonable access to private records or family members as required. Client represents that it has obtained any necessary permissions to authorize Researcher to access restricted records and to reproduce any documents provided by Client.

Client authorizes Researcher to analyze and use DNA or sensitive personal data provided by Client in connection with the Services and to share such data with third-party testing services when necessary, subject to confidentiality obligations.

9. Warranties; Disclaimer

Researcher warrants that Services will be performed in a professional manner consistent with prevailing industry standards. Except as expressly set forth herein, Researcher disclaims all other warranties, express or implied, including any implied warranties of accuracy, completeness, fitness for a particular purpose or merchantability. Client acknowledges that genealogical research depends on available records and that Researcher cannot warrant the discovery of specific individuals or relationships.

10. Limitation of Liability; Indemnification

Except for breaches of confidentiality or willful misconduct, Researcher's aggregate liability arising out of or related to this Agreement shall not exceed the total fees paid by Client to Researcher under this Agreement. In no event shall Researcher be liable for indirect, incidental, special or consequential damages. Client shall indemnify and hold Researcher harmless from and against any claims, liabilities or expenses arising from Client's breach of representations or misuse of the Deliverables.

11. Termination

Either party may terminate this Agreement upon written notice if the other party materially breaches any provision and fails to cure within Termination Notice Days: days. Upon termination, Client will pay Researcher for Services performed and reimbursable expenses incurred through the effective date of termination. Researcher will deliver all work product for which Client has paid.

12. Notices

All notices required or permitted under this Agreement shall be in writing and delivered to the addresses set forth in the opening paragraph or to updated addresses provided in writing. Notices shall be effective upon receipt.

13. Amendments; Waiver; Counterparts

This Agreement may be amended only by a written instrument executed by both parties. No failure or delay by either party in exercising any right shall operate as a waiver. This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together constitute one instrument.

14. Governing Law; Entire Agreement; Severability

This Agreement shall be governed by and construed in accordance with the laws of Governing State: without regard to conflict of law principles. This Agreement constitutes the entire agreement between the parties with respect to its subject matter and supersedes all prior oral and written agreements. If any provision is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.

15. Miscellaneous

Records retention: Researcher will retain working notes and copies of materials obtained for a period of Retention Period (months): months after completion, after which Researcher may destroy such materials unless Client requests their return or continued storage and agrees to any associated fees.

Assignment: Neither party may assign its rights or delegate its obligations under this Agreement without the prior written consent of the other, except that Researcher may engage subcontractors and vendors in performing the Services.

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