Wisely with Isely History & Genealogy Research Services LLC
PO Box 607, La Crosse, Wisconsin 54602-0607

Sample Contract for History or Genealogy Research Services

This agreement is made this the 3rd day of May, 2014, by and between Wisely with Isely History & Genealogy Research Services LLC (hereinafter called "Genealogist/Researcher"), La Crosse, Wisconsin, 54602-0607, and Jane Doe (hereinafter called "Client") of Brownsville, Minnesota.

Whereas, Genealogist/Researcher is engaged in providing professional genealogical services, and
Whereas, Client has the need for and desires to engage Genealogist/Researcher for such services,
Now therefore, in consideration of the mutual promises contained herein, the sufficiency of which is hereby acknowledged, the parties agree as follows:

1. Services to be Rendered. Conduct research to determine the place of Norwegian origin of Client's ancestors, John and Mary Johnson. Parties understand that Genealogist/Researcher is acting as an independent contractor and no employee and employer relationship exists between Genealogist/Researcher and Client.
2. Condition Precedent and Effective Date. Client shall provide to Genealogist/Researcher a summary of information known to her about matters covered in the scope of services, to include copies of previous research reports or summaries, copies of significant documents, and lists of sources or collections previously searched. The Agreement shall become effective only after receipt of such information, copies, and lists, and upon receipt of the retainer fee described in Section 4.
3. Time of Performance. Genealogist/Researcher shall provide the research services detailed in Section 1, above, on or before three months after the effective date in Section 2, unless he/she earlier notifies Client (as provided in Section 17) of the need for an extension. Upon such notification, he/she shall be automatically entitled to an additional sixty (60) days.
4. Compensation. Client shall pay $25.00 per hour for Genealogist/Researcher's time and authorizes up to 25 hours of work. The hourly fee shall be applied to time spent appraising and surveying Client's prior work, in addition to research time and time spent preparing client reports. Client shall pay an advance of $312.50, which shall be applied to the authorized hourly fees. When the authorized maximum has been reached, Genealogist/Researcher shall provide Client with the work product specified in Section 1 and an itemized list of time spent, with time reported in quarter-hour segments. Additional research, if Client requests it, shall be authorized only by an amendment in writing, signed by both parties to this agreement. Client understands that if she delays in deciding whether to authorize additional research, Genealogist/Researcher will have to spend additional time reacquainting himself/herself with the facts of his/her case. Should Client's execution of the present contract be delayed by six months, Client understands that the stated fee may need to be renegotiated.
5. Expense Reimbursement. Client shall reimburse Genealogist/Researcher for costs he/she incurs for certificates, photocopies, parking expenses, telephone toll calls, and other necessary out-of-pocket expenses, provided he/she submits an itemized bill and provided that the total of expenses does not exceed $50.00. [Client shall pay an advance of $50.00 for authorized expenses.] If Genealogist/Researcher anticipates that expenses may exceed this $50.00 maximum, he/she shall notify Client in writing and obtain her agreement, also in writing, to the reimbursement of additional expenses.
6. Confidentiality. Client understands and agrees that Genealogist/Researcher shall hold confidential her name, address, telephone number, and other identifying information about her, unless she authorizes their release in writing. Genealogist/Researcher shall also accord confidentiality to all material furnished by Client which contains (a) information that is not a matter of public record or which cannot be rightfully obtained from another nonconfidential source; (b) information that no one else had independently developed; and (c) information that Client has not disclosed to anyone else except under a strict, written, confidentiality agreement that has the effect of preventing disclosure by any other person or entity with the exception noted in section 9 of this contract. Client understands that even though Genealogist/Researcher may agree to keep certain information confidential, a court can compel Genealogist/Researcher to disclose that information. Supplemental provision: Genealogist/Researcher shall treat with discretion, even if they are matters of public record, matters that concern living persons, their parents, or immediate families, and the following matters designated by Client as sensitive: the information that one of the children of John & Mary Johnson was divorced. Client understands that even though Genealogist/Researcher may agree to keep said information confidential, a court can at any time compel Genealogist/Researcher to disclose that information.
7. Disclaimers. Client understands and agrees that Genealogist/Researcher can make no guarantees regarding what information, if any, may be found or what conclusions may be drawn from it. Client further understands and agrees that Genealogist/Researcher cannot predict in advance the time needed to find information or prove facts or relationships, and that the risk of nondiscovery, or of discoveries contrary to those desired, is on Client, not Genealogist/Researcher. Client understands that no representations or warranties are being made as to the accuracy of information found by Genealogist/Researcher using accepted genealogical standards like the Genealogical Proof Standard. Client agrees to hold Genealogist/Researcher harmless for any claims on the results of any work Genealogist/Researcher performs under this contract.
8. Delegation of Duties. Client agrees that Genealogist/Researcher may delegate certain research duties of his/her choosing to other qualified researchers. Genealogist/Researcher represents that she will not engage any agent to perform research duties unless that agent (1) holds credentials from a professionally recognized certifying or accrediting agency in the field of genealogy; or (2) has been researching for others at least 15 years and has a reputation, known to Genealogist/Researcher, for quality work.
9. Future Use of Work Product. Client understands that Genealogist/Researcher holds the copyright to the work product created for the client. Client may freely use and publish factual information contained in the work product and also understands that Genealogist/Researcher may submit the work product to the Board for Certification of Genealogists for independent and confidential review for certification purposes (see attached letter). Client understands that Genealogist/Researcher must protect her professional reputation. In that regard, she agrees that she shall obtain Genealogist/Researcher's consent, in advance, to any publication of any portion of her work product. Should she not consent, Client may not publish her work.Genealogist/Researcher shall respond to a request for publication within thirty days (30) days from the date Client delivers material specifically designated as proposed for publication. Genealogist/Researcher's reply shall indicate any specific sentences or sections to which she objects, as well as the reason(s) for objection.She shall also submit recommended changes at no cost to Client, and Client shall be required to make said changes to the manuscript as a condition of her consent to publication. Client shall incur no expense for Genealogist/Researcher's time spent in studying or responding to material proposed to be published. Genealogist/Researcher shall not unreasonably withhold her consent to publication.
10. Remedies. If the parties are unable to agree on any matter arising out of this contract, the issues shall be submitted to the arbitration process of the Association of Professional Genealogists. The parties expressly agree that the arbitration decision may, at the election of either party, be entered as a final judgment in any court of law or equity having jurisdiction over either of the parties. The arbitration process and its enforcement under this section shall be the only remedy which either party shall have with respect to any controversy concerning this agreement; and the finding of the arbitrator shall be final, permanent, and binding on both parties.
11. Merger. This document contains the entire agreement of the parties. It supersedes all oral or written proposals and all other prior agreements, understandings, or communication. Its terms may not be altered except by a writing signed by both parties.
12. Survival of Terms and Conditions. The terms and conditions of this contract shall survive its performance.
13. Jurisdiction, Venue, and Controlling Law. The parties agree that this agreement shall be construed in accordance with the laws of the state of Wisconsin, United State of America and that neither party will resort to the courts of any jurisdiction to resolve disputes arising out of this agreement, except for the purpose of entering as a final judgment an arbitration decision rendered pursuant to Section 10 of this agreement.
14. Severability. If any portion of this agreement shall be declared invalid or unenforceable, the remaining portions not so declared shall remain valid and enforceable.
15. Titles. The titles of the sections of this agreement are descriptive and are inserted for convenience of location only and do not define or limit the material contained thereunder.
16. Third Parties. This agreement shall be binding on the heirs, legal representatives, successors, and assigns of both parties. Should Genealogist/Researcher die before this contract has been performed, Client's sole remedy shall be the return of any unearned fee. Either party may terminate this contract at any time. If the contract is terminated before completion Genealogist/Researcher shall be paid for time and expenses already accrued.
17. Notices. All notices under this agreement shall be in writing and shall be deemed to be given five days after deposit in the U.S. mail, postage prepaid, and addressed as set forth in the first paragraph of this agreement. Should either party wish to have his or her place of notice changed, he or she shall send the new address by certified mail to the other party.
18. Execution in Counterpoint. The parties acknowledge that two copies of this agreement are being executed. Each is deemed to be an original, but they constitute one and the same agreement.
19. Performance of Actions Necessary to Complete Transaction. Both Client and Genealogist/Researcher shall be required to execute any documents or take any actions that may reasonably be required to effectuate the transactions contemplated herein.
20. Waiver of Breach. The waiver of a breach of any provision of this contract shall be be construed as a waiver of any prior or subsequent breach.
21. Dispute Resolution Costs. If a dispute arises in connection with this agreement, the losing party shall pay any and all reasonable arbitration costs, attorneys' fees, and court costs that the prevailing party has incurred in connection with the enforcement of this agreement.

Attachments

1. APG Code of Ethics 
2. BCG Code of Ethics and Conduct 
3. BCG Genealogical Proof Standard 
4. NGS Genealogical Standards 
5. Letter of Permission