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DIGITAL RECORDER FILE ENHANCEMENT: Digital Audio Enhancement $1,200 minimum up to one hour of recording (if tape or disc exceeds one hour). Testimony and Report not included. Additional charges may apply.
VIDEO ENHANCEMENT: Video Enhancement $2,500 minimum up to one hour of recording (if tape or disc exceeds one hour). Testimony and Report not included. Additional charges may apply.
AUTHENTICATION: $3500.00 per tape, per side, per interview/conversation plus expenses. Authentication fees are based upon the number of original recordings and not upon the number of combined recordings presented to us. This price is based on a single conversation/interview recorded on a single side of an audio tape and NOT multiple interviews placed on one side of a tape. [Multiple tapes to be authenticated qualify for a discounted price based upon the number of tapes disclosed during initial contact with CFS. Any attempt to change the number of tapes will disqualify any previously agreed upon discounted price and all contracts signed in agreement of said price will be null and void.]
NAMED AS EXPERT or AFFIDAVIT: $1500.00 for each affidavit.
COURT TESTIMONY, DEPOSITION, CONSULTING: $2,500.00 per day in Maine. Testimony, Deposition, and Consulting outside of Maine will be quoted on a case by case basis. All expenses for first class travel, business class hotels, car rental, food or other expenses will be collected 10 days in advance.
FORENSIC TRANSCRIPT: Quoted per job.
RETAINER POLICY - NO REFUNDS WILL BE GIVEN.
On behalf of Creative Forensic Services ("CFS"), I thank you for your patronage. We take pride in our work and will do our best to assist you. This letter is intended to set forth in detail our business and contractual relationship through which we will assist you.
The accompanying invoice sets forth the work we will do for you and the amount of the retainer we require before we will start work on your behalf. Please contact us immediately if you have any questions or comments. We need payment in advance of all services as set forth in the accompanying rate sheet. Both forms also constitute a part of this agreement and are incorporated by reference herein. If you need for us to start immediately you will need to pay us by certified check, otherwise we require five days to let the check clear. Retainers are based on a good faith estimate of the time needed to complete the work requested, but the actual final bill may be higher. All of our charges are based upon the hourly rate set forth in the rate sheet, plus expenses. Expenses include transportation costs, telephone charges, copying charges and other clerical expenses, and costs of obtaining records or required materials. CFS reserves the right to confer with experts in this and other fields. If their services are required to complete our work, their fees and expenses shall be your sole responsibility once you are notified of the amount they require. Certain items of work may be billed at a flat rate rather than at an hourly rate, as stated on the invoice and rate sheet. All retainers are nonrefundable.
All invoices after the first invoice are payable as specified therein, but in no case any later than thirty days from the date of invoice. Any additional work is also subject to the terms of this letter, and the invoice will specify the additional work you have requested. Unpaid balances over 30 days old shall accrue simple interest at the rate of 1 % per month. We reserve the right to stop all work under this agreement if you are not current in your obligations. We also reserve the right to terminate this agreement at any time with or without cause, in which case you will be billed for work done to date, you will be provided the results of our work to date, and all original materials will be returned to you. We shall not be liable to you for any claims arising out of any stoppage of work or termination of this agreement.
Please be advised that our opinions and conclusions are based solely upon the information provided to us and not upon any desired result, and that our work for you is only as good as the information and sources provided to us. It is very important that you provide us with all the information you can obtain and that you identify all potential sources of information or assistance. Please call us immediately if you are not sure whether something is relevant to our work or not. We also require all source media you ask us to examine unless we specify otherwise. Authentication fees are based upon the number of original recordings and not upon the number of combined recordings presented to us.
If our testimony is required at deposition or trial, you agree to pay us in advance for preparation for, and attendance at, the deposition or trial, including all associated expenses. We reserve the right to refuse to testify if you have not met your obligations.
All original source materials, duplicates, other materials or documents provided to us, and our work product, and any reports related thereto, shall be retained by us until such time as all charges are paid in full, or mutually agreeable alternative arrangements are made with us. If we have not heard from you for a period of 24 months, we reserve the right to dispose of any and all original source materials, duplicates, other materials or documents or any other information provided by you to us, and you hereby waive any claims thereto and the right to seek damages for their disposal. Any action or proceeding brought by either party against the other arising out of or relating to this agreement shall be brought only in a court located in Androscoggin County, Maine, and the parties hereby consent to personal jurisdiction and venue in Androscoggin County, Maine. You will be liable for all costs of collection, including reasonable attorneys fees. This agreement shall be governed by Maine law.
CFS shall retain all rights of ownership in any and all materials, documents, media or work product supplied to you. You shall have the right to use the materials, documents, media or work product for personal use and for the purposes of litigation in any court of law. Notwithstanding the foregoing, however, you and your agents agree you will not publicly disseminate the materials, documents, media or work product without the prior written consent of CFS. You also agree that you or your agents will not make any of the materials, documents, media or work product available to the public over the internet without prior written consent of CFS. You hereby authorize CFS to act as your agent to remove any materials, documents, media or work product posted on the internet without the permission of CFS. Should you post materials, documents, media or work product on the internet without permission, you agree to pay to CFS for all damages incurred and for all money expended to remove the material from the internet, including reasonable attorneys fees. This agreement contains the entire agreement of the parties and supersedes all prior oral or written representations and statements between the parties. In order to prevent any misunderstandings, any requests by you for changes in the work requested shall be made in a writing signed by both parties. To the maximum extent permitted by law, we disclaim all warranties relating to the work we do for you, whether express or implied.
If a guarantor has signed this agreement, he or she waives notice of acceptance and also the right to presentment, demand, notice and protest. This guaranty remains in effect until we receive all payment due hereunder.
The undersigned acknowledge that they have read this agreement and the accompanying invoice and rate sheet in full, that they understand their contents, that this document is a binding contract, and that they have the authority to execute this agreement.
Very truly yours,
Arlo West, President
Creative Forensic Services
SEEN AND AGREED TO BY:
Print Name: _______________________
Title: _______________________, duly authorized
I personally guaranty the above obligations of the Company named above.
Print Name: _______________________