This Terms of Service and Retainer Agreement (hereinafter referred to as the “Agreement”) sets forth the binding legal terms, standards of engagement, rate schedules, and confidentiality covenants governing all investigative casework, field operations, surveillance, digital forensics, consulting, court appearances, and legal process service provided by Affirm Investigations & Process Service, LLC and Affirm Investigations LLC (hereinafter collectively referred to as the “AGENCY”) to the undersigned individual, corporation, legal counsel, or designated representative (hereinafter referred to as the “CLIENT”).
By remitting an initial retainer, authorizing an invoice, signing an intake form, or requesting the commencement of services, the CLIENT acknowledges that they have read, understood, and agreed to all provisions contained herein without exception.
Licensing, Bonding & Operational Authority
Colorado Legal Authority: Effective September 1, 2021, the State of Colorado sunsetted mandatory state-level licensing for private investigators. Affirm Investigations LLC maintains full legal standing and established corporate authority as a Colorado limited liability company to conduct civil, criminal, corporate, and domestic investigations throughout the State of Colorado. The Agency historically held Colorado State Private Investigator License #PI1.0000304 prior to deregulation.
Wyoming Legal Authority: Affirm Investigations LLC is formally licensed in Cheyenne, Wyoming under Business License #OL-22-43335. Outside the municipal jurisdiction of Cheyenne, the State of Wyoming does not require a state-level private investigator license.
Bonding & Insurance: In strict alignment with industry best practices and our municipal licensing standards, Affirm Investigations maintains active surety bonding and comprehensive commercial general liability insurance ($1,000,000+ coverage), ensuring our clients receive protected, verified professional services.
Legal Process Service Terms & Rate Schedules
Affirm Investigations provides professional legal service of process across Colorado and Wyoming for subpoenas, summonses, complaints, evictions, divorce decrees, and court citations.
| Service Tier | Dispatch & First Attempt Window | Attempt Structure & Terms |
|---|---|---|
| Standard Service | First attempt within 1 to 5 business days of document receipt | Includes up to 3 diligent attempts at random times for one physical address. |
| Rush Service | First attempt within 1 to 3 business days of document receipt | Expedited priority routing for time-sensitive court filings. |
| Priority Service | Server dispatched within 24 to 48 hours of document receipt | Immediate operative assignment subject to server availability. |
- Address Scope: Standard flat rates apply to three (3) attempts at randomized times for a single physical address. Multiple addresses, stakeout requirements, or specific appointment timeframes require supplemental fees.
- Page Overages: Document packages exceeding twenty (20) pages are billed an additional $0.25 per page thereafter. Double-sided pages count as two pages.
- Sunday Service: In compliance with legal custom and statutory guidelines, document service is not executed on Sundays unless specifically authorized by legal exception or court order.
- Payment & Terms: Payment is due in advance for all process service matters. Any invoices remaining unpaid beyond thirty (30) calendar days are subject to a 5% monthly interest penalty.
- Process Service Cancellation:
- If cancellation is requested after the initial service attempt has commenced or been completed, the total invoice is 100% non-refundable.
- If cancellation is requested before the first attempt is deployed, fifty percent (50%) of the invoice is refunded; the remaining 50% is retained by the Agency to cover document processing, administrative setup, and dispatch reservation.
Private Investigation Scope of Work & Agency Discretion
The CLIENT hereby retains the AGENCY to conduct an objective, lawful investigation. The CLIENT agrees to pay all fees, hourly rates, and accrued costs incurred as a result of this investigation.
The CLIENT formally authorizes the AGENCY to execute all appropriate, lawful investigative measures necessary to uncover the facts in the CLIENT’s best interest. The specific tactical strategy, timing, operative deployment, and technical methodology utilized during the investigation shall remain within the sole professional discretion and safety judgment of the AGENCY.
Retainers, Case Budgets & Depletion Guidelines
Prior to the initiation of any investigative casework, the CLIENT shall provide an initial financial retainer to be held in the possession of the AGENCY. All casework is billed against this retainer.
Retainer Depletion & Notification Threshold: The AGENCY will make reasonable efforts to notify the CLIENT when approximately 80% of the authorized retainer has been exhausted. All active investigative activity will pause once the retainer is depleted unless the CLIENT provides additional authorized replenishment funds in advance.
- Budget Caps: The AGENCY covenants not to exceed the agreed-upon authorized budget or retainer without explicit authorization from the CLIENT, except when emergent operational necessities occur during active field surveillance (e.g., continuously following an active subject across county lines or preserving critical fleeting evidence).
- Past Due Balances: Should the retainer prove insufficient to cover accrued fees and expenses, the CLIENT agrees to pay the outstanding balance immediately upon receipt of invoice. An interest charge of 1.5% per month (18% per annum) applies to any unpaid balance past due by more than thirty (30) days.
- Rush Assignments (< 48 Hours): Any case requested to begin within forty-eight (48) hours of engagement constitutes a Rush Assignment. The initial retainer for a Rush Assignment is non-refundable in consideration of the AGENCY pausing or reorganizing other casework to prioritize the CLIENT.
- Unused Retainers: For non-rush cases, any unused portion of the retainer—minus accrued hours, database fees, expenses, and case intake costs—may be refunded within thirty (30) business days following formal case closure. All refunds remain at the sole professional discretion of the AGENCY.
Hourly Billing, Travel, Database Inquiries & Court Testimony
Investigative services are billed at the agreed-upon hourly rate per operative, in fifteen-minute (0.25 hour) increments.
| Service Category | Billing Standard & Minimums | Operational Terms |
|---|---|---|
| Field Surveillance | 4-Hour Minimum per investigator / per day | Does not include administrative report preparation or video processing time. |
| Portal-to-Portal Travel | Standard Hourly Rate + Mileage | Calculated from operative residence or Agency headquarters in Greeley, CO. |
| Database & Public Records | Flat Fee per Inquiry / Search | Applies to corporate filings, background dossiers, asset scans, and vehicle registrations. |
| Investigator Standby | $500.00 Minimum per investigator / per day | Imposed when operatives are placed on active call reserve awaiting client deployment instructions. |
| Holiday Operations | 2.0× (Double) Standard Hourly Rate | Applies to state and federally recognized holidays. |
| Courtroom Testimony & Depositions | 4-Hour Minimum ($500 flat fee if > 4 hrs) + Travel | Retainer must be remitted at least 7 days in advance. 48-hr cancellation notice required. |
Court Appearances: CLIENT agrees to compensate the AGENCY at established expert rates for any court testimony, hearing appearances, or depositions, regardless of whether requested by CLIENT or mandated via third-party subpoena. The AGENCY is not responsible for judicial delays or calendar continuances. A minimum of forty-eight (48) hours notice is required for court cancellations; otherwise, the full four-hour minimum appearance fee is billed.
Special Covenant for Retaining Attorneys & Law Firms
INDEPENDENT OBLIGATION OF LEGAL COUNSEL
If the CLIENT is an attorney or law firm contracting investigative services on behalf of a legal matter, client, or pending litigation, the contracting attorney and law firm expressly acknowledge, covenant, and agree that the financial obligation to pay the AGENCY is an independent, primary obligation of the attorney or law firm.
Payment to the AGENCY is in no way contingent upon:
- Any particular legal result, judicial ruling, settlement, or outcome of the investigation;
- The attorney or law firm successfully receiving compensation or expense reimbursement from their ultimate client; or
- The attorney or law firm’s client being satisfied with the objective findings developed during the investigation.
Subcontracted Investigators & Additional Operatives
The CLIENT acknowledges that the AGENCY, at its sole professional discretion, may utilize vetted, licensed, and bonded subcontracted investigators to complete casework. Furthermore, the AGENCY may deploy one or more additional operatives at the established hourly rate (within the authorized budget) when field conditions require backup—such as multi-exit buildings, airports, dense urban settings, high-traffic corridors, or undercover pretexts. At all times, the AGENCY remains fully accountable for maintaining the standards and confidentiality set forth in this Agreement.
Reimbursable Operational Expenses
The CLIENT is responsible for all necessary out-of-pocket expenses incurred directly during the course of the investigation. Reimbursable items include, but are not limited to:
- Standard business mileage, toll fees, and commercial parking expenses;
- Overnight lodging accommodations and meals for extended regional travel;
- Public or private transportation tickets, venue admissions, or facility access fees required to maintain surveillance;
- Digital storage media (secure flash drives, SD cards, encrypted archives);
- Court filing charges, certified document retrieval fees, and long-distance communications;
- Specialized investigative equipment required for unique tactical environments, as approved in advance.
Photographic & Video Evidence Quality Standards
Due to the covert, dynamic nature of field surveillance, the AGENCY provides no warranty regarding the aesthetic studio quality of photographs or video recordings. Field evidence is frequently gathered from long distances, through moving vehicles, in low-light environments, and under severe weather conditions.
Investigators will proceed with diligent effort to capture clear, court-admissible visual evidence without placing operatives in physical danger, violating privacy statutes, or compromising the integrity of the assignment. AGENCY billing is strictly for professional time expended and is never contingent upon capturing photographic or video imagery.
Cancellations, Postponements & Case Intake Fees
Notice Requirement: The CLIENT must provide a minimum of twenty-four (24) hours advance notice to cancel or postpone scheduled field surveillance. If the CLIENT fails to provide 24 hours notice, a four (4) hour minimum charge per scheduled investigator will be billed.
Emergency Cases (< 24 Hours): Cases initiated with less than 24 hours notice will be billed at 1.5× (one and one-half times) the standard hourly rate for the initial four (4) hours per investigator, followed by standard rates thereafter. A 4-hour minimum applies.
Intake & Scheduling Retention Fee: When the CLIENT executes an agreement and subsequent cancellation occurs after the AGENCY has allocated personnel and scheduled operatives, a minimum amount equal to one-half (50%) of the retainer or projected day’s fees shall be retained by the AGENCY as an intake and schedule reservation fee. Operatives reserved for the CLIENT cannot be rapidly reassigned to other matters.
Unpaid Invoices: In the event that services are rendered without an advance retainer, payment is due immediately upon invoice receipt. The CLIENT forfeits all rights to case updates, formal reports, photographs, video files, and evidentiary deliverables if invoices are not paid in full.
Mandatory Restraining Order & Protection Order Disclosure
STRICT LEGAL PROHIBITION
The AGENCY will under no circumstances conduct surveillance, locate, or gather intelligence on behalf of any individual who is currently subject to, or has recently been subject to, an active Restraining Order, Temporary Protection Order, Permanent Protection Order, or Stalking Injunction involving the subject of inquiry.
If such an order exists and was withheld or undisclosed by the CLIENT prior to engagement, this Agreement shall be terminated immediately upon discovery. The CLIENT shall forfeit 100% of all retainers, budgets, and fees paid to the AGENCY, and the AGENCY reserves the right to report unlawful conduct to appropriate law enforcement authorities.
Verbal Updates, Formal Reports & Agency Work Product
Operational Silence: To ensure operative safety, confidentiality, and tactical focus, no live verbal updates are provided to the CLIENT while operatives are actively conducting field surveillance. Oral briefings are provided within twenty-four (24) hours following the conclusion of the operational shift, or no earlier than 9:00 a.m. on the Monday following weekend casework.
Formal Written Reports: When requested or contracted, the AGENCY generates an itemized investigative report within fourteen (14) business days of case completion, provided the CLIENT’s account is paid in full.
Proprietary Work Product: Preliminary investigator field notes, raw operative logs, internal memoranda, and tactical planning materials constitute the proprietary Work Product of the AGENCY and will not be released. Only the finalized, vetted written report and clear evidence copies are provided to the CLIENT. The AGENCY reserves the right to withhold all reports and media pending complete invoice payment and banking clearance.
Client Non-Interference, Non-Obstruction & Case Conduct
The CLIENT explicitly covenants that neither they, nor their friends, relatives, associates, or agents, will interfere with, obstruct, or participate in the investigation. Prohibited actions include, but are not limited to:
- Driving past, loitering near, or visiting active surveillance perimeters;
- Attempting to contact the subject or related parties during active casework;
- Requesting to ride along on field surveillance assignments;
- Repeatedly calling operatives while they are actively conducting field duties;
- Withholding critical case facts, pending court dates, or adversarial circumstances.
Any interference, obstruction, harassment, or intimidation will result in the immediate termination of the investigation and the complete forfeiture of all retainer funds and fees paid.
Disclaimers, Non-Guaranteed Outcomes & Permissible Purpose
The CLIENT expressly acknowledges that private investigations uncover existing factual realities. THE AGENCY MAKES NO WARRANTIES OR GUARANTEES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE OUTCOME OR RESULTS OF ANY INVESTIGATION. Fees are charged solely for professional time and effort, not for favorable results.
Investigative services shall never be ordered or used for unlawful entrapment, blackmail, stalking, extortion, or harassment. The AGENCY reserves the unconditional right to refuse or immediately terminate any assignment deemed unlawful, unethical, or detrimental to the Agency’s professional standing.
Accuracy of Public Records & Third-Party Databases
Database inquiries and skip tracing reports are conducted based strictly upon identifiers provided by the CLIENT (names, aliases, dates of birth, Social Security numbers, prior addresses). Errors in spelling or formatting provided by the CLIENT can yield incomplete or erroneous records.
While the AGENCY exercises professional due diligence, public records, governmental indices, and private commercial data repositories may contain inherent typographical errors or omissions. The AGENCY cannot and does not guarantee the accuracy of third-party public record systems and shall not be held liable for inaccuracies originating from external data repositories.
Responsible Information Use & Statutory Privacy Compliance
Not a Consumer Reporting Agency: Affirm Investigations is NOT a consumer reporting agency as defined under the Fair Credit Reporting Act (FCRA). Investigative findings may not be used in whole or in part as a factor in establishing eligibility for personal credit, employment, insurance, or housing, unless specifically authorized under applicable statutory exceptions.
The CLIENT is legally responsible for safeguarding all provided information in strict compliance with federal and state privacy statutes, including:
- GLBA: Gramm-Leach-Bliley Act (Financial Privacy & Safeguards);
- FCRA: Fair Credit Reporting Act (Permissible Purpose Standards);
- FACTA: Fair and Accurate Credit Transactions Act;
- DPPA: Drivers Privacy Protection Act (Motor Vehicle Record Restrictions);
- RFPA: Right to Financial Privacy Act.
Client Representations, Misrepresentation & Indemnification
The CLIENT warrants that all representations regarding their identity, corporate authority, and stated purpose for seeking investigative services are truthful, complete, and lawful. Knowing misrepresentation will result in immediate assignment cancellation, forfeiture of all funds, and potential civil or criminal referral.
The CLIENT agrees to indemnify, defend, and hold harmless Affirm Investigations, LLC, its managing members, operatives, agents, and subcontractors from any and all damages, claims, losses, liabilities, costs, and legal fees resulting from the CLIENT’s dissemination, misuse, or breach of confidentiality regarding investigative findings.
Credit Card Authorization & Express Chargeback Waiver
By providing credit card, debit card, or electronic payment details to the AGENCY, the CLIENT authorizes the AGENCY to process charges for authorized retainers, invoice balances, accrued operational expenses, and scheduled court appearances.
EXPRESS WAIVER OF CHARGEBACK RIGHTS: The CLIENT acknowledges that investigative fees represent compensation for professional time expended regardless of case outcome. The CLIENT formally waives any right to file a dispute or credit card “chargeback” through their card-issuing bank. Any billing dispute must and will be resolved strictly through direct communication or small claims court in Weld County, Colorado.
Inclement Weather, Operative Illness & Unforeseen Delays
In the event of severe inclement weather (blizzards, highway closures, severe icing), investigator sudden illness, mechanical breakdown, or hazardous conditions, the AGENCY reserves the right to postpone and reschedule operations. The AGENCY maintains sole discretion in evaluating weather safety and field feasibility.
Governing Law, Exclusive Venue & Severability
This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of Colorado. The CLIENT agrees that exclusive legal jurisdiction and venue for any action, proceeding, or litigation arising out of this Agreement shall lie solely within the courts of Greeley, Colorado (Weld County).
This document constitutes the entire agreement between the parties; no verbal representations or modifications shall be valid unless executed in writing. If any provision is deemed unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.
Client Certification & Personal Financial Responsibility
AFFIRMATION & PERSONAL GUARANTEE
The CLIENT certifies that they have read this entire Agreement and have been afforded the opportunity to have it reviewed by legal counsel. By remitting a retainer or invoice payment, the undersigned personally affirms that all supplied information is accurate and that they possess legal authority to contract for this investigation.
In the event that the contracting business or entity fails to remit payment for services rendered, the signing individual personally guarantees and assumes full financial responsibility for all balances, costs, and accrued legal fees.
3620 W. 10th St., Unit B #168, Greeley, CO 80634 • Phone: 970-658-0924 • Email: services@affirminvestigations.com
