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Why use a contract? I've been in the business for over 30 years. I don't need no stinking contract!
Or do I? And if I did what would it look like? Would it put people off? Would I lose accounts? I have so many clients would one contract fit them all?
This is an odd thing about the process serving business. Like Insurance-Tek says, other professionals always use contracts. And yet process serving is devoid of them. Perhaps the reason lies in history somewhere. If anyone knows, or at least has an idea, please make a comment here.
I'm giving considerable thought to this question. Trying to figure out how to implement it. If I come up with a solution I'll write about it here.
Why use a Contract?
This is an area which hesitation is found. Some feel using a contract will be an intrusion, inconvenience or cause them not obtain the account. A contract is simple; “an agreement or understanding between two or more entities to perform services.” It is also required in most insurance policies and not being in place could decreased limits of coverage or have a high premium penalty in place.
A contract may not hold up in court or stop a law suit, but the steps were taken to be pro-active. In working with other professionals (Attorney’s, Insurance Company’s etc), you will find a contract is always involved. Your business should have the same standards.
It is always recommended an attorney should review a contract given to you before signing.
1. Scope of work to be performed.
2. Payment for the work to be performed.
3. Don’t guarantee what you cannot uphold. Unable to obtain surveillance footage for what the client is paying for, unable to perform work on a time or at a scheduled time. Nothing is black and white as options vary between people.
4. Hold harmless in your favor for the issues outside your control. If you did your work properly, why are you left holding the bag for someone else’s problems?
5. Avoid the he said she said. Document, document and document.
6. State additional personnel may be hired to ensure the work can be performed.
Other items to keep in mind
1. Have a disclosure on your reports. It might be a hold harmless for the evidence found or not found.
2. Ensure the person signing the report has legal and company authorization to sign the report.
3. Ensure items which may be held are secured as most policy will exclude Care, Custody and Control.
Robin Mullins November 16th, 2009 06:33:53 PM