Note: Hourly rates vary by type and size of project. All projects require a ten-hour minimum.
Rates, Hours, and Expenses
I will charge you an hourly rate of $__ per hour for your project. This rate does not include out-of-pocket expenses such as copying fees, mailing costs, mileage, tolls, and parking, which I will also charge you at cost (with the mileage charge at the current IRS rate). I do not charge for travel time to any Boston-area repositories, though I do charge for the associated expenses.
I will limit the amount of time I spend on this project to __ hours. Depending on the results, you may decide to proceed with further work after receiving my report.
I will begin work after receiving: (1) acknowledgment of this agreement signed or emailed by you, and (2) a deposit for $___ (i.e., 50% of the estimated fee for my time, plus a provision of $___ for expenses). I expect to send you my report within __ weeks of receiving these items. I will include with the report a bill for the remaining balance and will expect to receive final payment within two weeks after I send that bill.
Written Report
Following the completion of my research (within the time constraints you have set on the project), I will provide you with a written report of my findings and analysis, including copies or images of the relevant documents. I will exercise my discretion in selecting which records to include in the report in order to keep it focused, and I will summarize the contents of any relevant records not included in the report in case you wish to obtain copies of them at a later time. I will also offer you suggestions for further research as appropriate.
Your Previous Research
To minimize any duplication of work, it is important that you provide me with information you already have concerning your research problem. This information could include, for example, research reports prepared by you or by others you have employed, copies of or links to significant records, and notes on sources or collections you have already searched. Even with such information in hand, I may need to review the underlying sources in order to assess their reliability or how they affect the interpretation of information I find.
Compliance with Relevant Codes of Ethics
I will perform this work in accordance with the codes of ethics of the Board for Certification of Genealogists (https://bcgcertification.org/ethics-standards/code/) and the Association of Professional Genealogists (https://www.apgen.org/cpages/code-of-ethics).
No Guarantee of Results
Because records relevant to your problem may suffer from problems such as unavailability, illegibility, or inconsistency, I cannot assure you that I will successfully identify any of the people who are the subjects of this research or any relationships between them. Since I am providing genealogical research services rather than guaranteed results, you will not consider any failure to make such identification to be grounds for delaying or withholding payment to me, for rating my services poorly, or for filing a complaint against me to any relevant body or in any relevant forum or jurisdiction.
Distressing Information
My research may lead to information that you find distressing in some way. It is not unusual, for example, to find evidence of out-of-wedlock births, mental illnesses, institutionalizations, criminal records, or suicides. While I will not emphasize this type of information unless it is relevant to identifying an individual or a relationship, neither will I conceal it.
Independent Contractor
Under this agreement, I am acting as an independent contractor, not as your employee. This means that I am responsible for paying all required taxes associated with my income from this project, that I will use my own equipment, and that I am free to choose both the timing and location of the research I perform.
Confidentiality
I will hold confidential any non-public information that you provide me in the course of this project except in the event that I am ordered to produce such information by a court. I will also treat with discretion any public information directly concerning living persons or their parents, children, or siblings.
Copyright and Distribution of Report
I hold copyright to the research report itself (except for the uncopyrightable facts and public records contained within it), but I grant you permission to distribute up to three copies of it, either paper or electronic, so long as: (1) you distribute the report in its entirety, including my name and contact information, and (2) you make a reasonable effort to prevent further distribution by anyone to whom you provide copies. If you simply refer to part of my analysis and conclusions without distributing the report itself, you will do so accurately and credit my report as the source.
Additional Use of Report by Me
I may retain paper and electronic copies of the report for my files, and I may further use or publish any public information included in it or obtained in the course of my research, but only consistent with the Confidentiality section above. I will not, however, accept fees to provide these results to other interested persons but will, with your consent, refer them to you for the information and allow you to determine the terms under which you may decide to share it.
Completeness of Agreement
This letter reflects the full scope of our agreement and replaces any earlier commitments by either of us. Any additional changes will be effective only if they are also made in writing.
Liability
I will not be liable to you for any acts or omissions in the course of my research for you unless I act with willful misconduct or gross negligence, nor will I be liable for any incidental or consequential damages. Further, any claim for damages must be made within three months after the completion of the research covered by this agreement. In addition, any damages you claim will be limited to a refund of the amount received by me under this agreement. This agreement will be governed by and interpreted according to the laws of the Commonwealth of Massachusetts.
